Do we need another discussion on what integration is? We know very little about this young ladyâs life in Switzerland. Does she know her neighbours, does she belong to any Swiss clubs, does she know the local shopkeeper, baker, butcher, candlestick maker? She apparently has not applied for Swiss nationality.
One thing I have learned here, is that almost everything goes by the book.
2nd paragraph in the article is about that:
For 16 years, she has lived in Switzerland where she studied, earned a doctorate and worked for a federal research institute. But now, with her temporary work contract over and no new job lined up, she faces deportation. Purtschert does not hold a Swiss passport.
It looks like student permit first (bachelor). Then, a B type with formation with employment (doctorate + federal research institute). The years in Switzerland with this kind of B permit do not count towards a C permit.
Thereâs one way to break the dependency to the B formation with employment permit. Find a employer willing to apply for a B permit for a third country national, stay there until C permit can be obtained. But, considering the path of university + federal research instituteâŚitâs not improbable that some altruistic ideals got in the path of decisions.
Thereâs also a L type permit to look for a job after studies. 6 moths is not much but they can make the difference.
This is also a lesson for people that adopt in Switzerland. You may love the child, but the child is not appreciated at all:
The fact that someone like Purtschert is entered in the Swiss civil register as the daughter of a Swiss man and a Swiss woman does not appear to carry any weight. âFirst and foremost, it is about the nationality of the person in question,â and not that of the parents, said the spokesperson.
I guess the missing part of the story is why the adoption was not followed by citizenship through adoption by a Swiss parent.
Or why she didnât initiate the process to become Swiss during her 16 years here. Iâm certainly guessing but that would have been my first question âŚ
I think she was not able to get C permit because of her research work. I think many PhDs have this problem.
Without the C, she has no route to apply for a Swiss passport (C permit is a pre-requisite).
Why was she not given citizenship through adoption - I think that was a recent change in law which came too late for her (no longer a child when passport through adoption applied).
So it seems she was rather unfortunate in falling through the cracks.
Another article in swissinfo explains the issue: the adoption process ended when she was already 18+ YO.
Purtschert was born in Ecuador to a Colombian mother and an Ecuadorian father. Her mother (who later became Swiss) got together with Swiss Abroad Norberto Purtschert when Gabriela was two. Her mother and Norberto married when Gabriela was six. Norberto Purtschert then adopted her when she was a teenager.
As the adopted daughter of a Swiss Abroad in Ecuador, she was not entitled to Swiss citizenship at the time of adoption. Whatâs more, the adoption didnât become legally binding until she came of age. For this reason, Swiss citizenship was not transferred to her.
For whatever reason, parents did not complete the adoption process on time to benefit from the citizenship through adoption procedure. A minor can do nothing in these circumstances. The minor became a woman and then choose a career path with disadvantages in terms of residence.
The law is being applied literally and itâs great that law is applied literally every day. Anyway, something does not feel right, the woman has had a life with more integration and jumped through more hoops than other people that acquired Swiss citizenship through facilitated naturalization.
With the formation and knowledge of German it wouldnât be hard to find a willing employer in Germany via EU Blue Card.
If Switzerland doesnât want, not a bad idea to look around.
Other legal systems, such as the UK, recognised that the strict application of common law in all cases could lead to unjust outcomes and so there was developed law of equity in parallel.
I think even the US has a Court of Chancery inheriting this from the UK.
Just sad, even after 16 years of life and native language to be forced away, but not surprised that Zurich migration office wants her out, from reading comments there is a bunch of their employees here. Asylums walking around in groups, thatâs much better, warm welcome and bring your friends. Educated professionals with wrong passport, roll faster away from here! ainât no place anymore
While the headline is, deliberately, misleading, no excuse for not reading the article properly.
Itâs nothing to do with nationality or immigration, sheâs been living here on a B permit for all that time, but wasnât eligible for the automatic C, presumably because it was a student, not a working, one, and is now applying for a C permit, despite not having a job. Sheâs not being âkicked outâ, she just doesnât have the right to stay here, and has failed in an attempt to gain that right.
The authorities have declined the C permit application, on grounds that sheâs not integrated enough for - the language skills are irrelevant, as is her parentage. Both are mentioned here just for the sake of a clickbait headline.
She is being kicked out, if she is here and has to leave, thatâs being kicked out.
I think the whole thing stems from a misunderstanding of what integrated means: in the ordinary sense of the word that people understand, it means, speaking the language, being involved in the community, having friends here etc.
But for the purposes of permits and passports, being integrated rests on one overriding thing: having a job and not being a burden to the taxpayer.
Simply my 0.02 ruppens worth âŚ
As others have indicated, CH will give preference to âasylum seekersâ over someone who has been here for many years and has already contributed to society and CH, instead of being a burden on it and is still capable of continuing to be positive influence. She only needs an opportunity and some support. Itâs not like CH is poor - consider how much CHFs are being spent on S permits and other hardship cases in CH.
Part of the issue here is not only the CH law(s), but equally important are the people who âenforce themâ. I am referring to the actual people in the relevant offices. They have a lot of latitude but are also known to apply their own personal âbiasesâ when deciding. Itâs not just the âburden on societyâ but also the passport they hold. Most authorities look at the passport (not the person carrying it) and decide. I have personal experiences with this. Even at my citizenship interview, the two interviewees agreed to this.
The same can be said for other âsocial servicesâ offices in CH.
But of course, adhering to the strict rule of law, these people save their own jobs, follow the law, sweep things under the carpet and make CH look like a positive and supportive country.
On a different note, this young lady might have a case of being âdeportedâ to a country she no longer has any ties to and related considerations, etc.
As someone else said, if I were in similar situation, I would look elsewhere, perhaps in EU ⌠I am highly opposed to selling my soul to the lowest bidder.
These are probably one of the rarest cases, like we have heard once upon a time ago in Kanton Schwyz and a few other people. Generally the odds of this happening are very low.
As somebody said above, being integrated does not mean its just speaking the language only. Integration is bonding and socializing with Swiss people, attending Swiss cultural events, taking part in local clubs, festivals, activities in your Gemeinde, Kanton etc. and so on. Speaking the language is just one part of it only.
Itâs good to see they still enforce the law by the book, nobody is above the law. Except those Russian billionaires in Kanton Zug who can easily secure C-permits. I guess, cash is still king in Switzerland, even in this digital age. 
Nope. Integration is none of that. It is just money. As you pointed out, a billionaire who doesnât speak the language is welcomed whereas a native speaker with Swiss parents without a job is turned away.
⌠after 16 years !
The parents should have done the necessary to ensure their adopted daughter became Swiss. After 18 this option closed.
From what was written, this wasnât possible as the adoption for some reason only took formal effect when she became an adult.
According to AI, keeping in mind it sometimes invents answers:
It was the Swiss legal system that did not recognize the adoption as finalized until she became an adult, rather than the Ecuadorian system. Ecuador generally follows the Hague Adoption Convention and completes adoptions during childhood. However, in the reported case, the adoption by Swiss citizens was only legally recognized by Switzerland once she reached adulthood, causing the delay in her legal status and citizenship acquisition as an adopted child of Swiss parents.
I then asked whether she could apply for facilitated naturalization based on being an adoptee of Swiss parents, and AI seems to think yes.
Aside from the adoption and integration questions, what does it say about the state of affairs in CH if someone studies through to a PhD and canât find a job?
I donât think she was eligible for facilitated naturalisation as neither parent lives in Switzerland.
Since some years ago (5?), thereâs a L type permit 6 months long aimed at looking for a job after the studies. Main requisites for this permit are: i) 11k francs on the bank, 2) masters of PhD completed in Switzerland, and iii) apply right after studies. The story in the article tells something about working in a federal research institute. This contract probably killed the window of opportunity to get the 6-months L permit to look for a job.
Also, the articles donât mention anything about qualifying for unemployment benefits or not (contributing during 12 months on the last 2 years).
Overall, it looks like if some decisions would have been different, the outcome would be positive.
The most impactful thing is realizing a citizen of a third country is in a very vulnerable position. Thus, get a soulless job in big corp for 3 years, get a C permit, go back to academic life.
Academic life at that age is full of employment gaps. Due to current regulations, practically only Swiss and EU citizens can survive the precariousness of early career in universities and public institutions.