Questione giuridica chiave
Whether the settlement permit EG/EFTA had expired because the appellant’s center of life was in Germany and she had stayed abroad for more than six months without deregistering.
Decisione estratta
Yes. The court held that the permit expired by operation of law because the appellant’s actual center of life was in Reichenau/Germany, where her family lived, while her stays in Switzerland were tied mainly to work.
Motivazione estratta
For long-term absences with repeated short returns, the decisive criterion is the center of life. Based on the established facts, the appellant maintained her family life in Germany and commuted to work in St. Gallen. That satisfied Art. 61(2) AuG in a manner compatible with the FZA.