Key legal question
Whether the ten-year residence waiting period for supplementary benefits was satisfied on 29 October 2013.
Extracted holding
No. The claimant's Swiss residence and habitual stay ended when she left Switzerland on 21 September 2005 after the final asylum refusal and return order; the later entry on a tourist visa did not continue the earlier stay.
Extracted reasoning
The qualifying stay under Art. 5 ELG requires residence and habitual stay in Switzerland. After departure to Sri Lanka, the earlier stay was terminated both legally and факually. The later tourist entry was limited to visiting purposes and, given the visa conditions and prior removal history, could not be treated as a continuation of the former stay.