Questione giuridica chiave
Whether the husband should be allowed to remain in Switzerland during the family reunification proceedings
Decisione estratta
No; the chances of obtaining the residence permit were not clearly predominant, given concrete indications of withdrawal grounds and the criminal record.
Motivazione estratta
Under Art. 17 AuG, procedural stay is granted only when admission requirements are obviously met. Here, serious and recent convictions provided concrete indications against approval, so the foreign spouse had to await the decision abroad.