EU Fam card holders need a visa to Switzerland

[MAKUSA]

Dear xxxx

I refer to your mail about visa requirements for spouses of EU nationals holding an EU residence card. You refer to Directive 2004/38/EC.

Please take note, that the Directive you refer to is a EU-Directive. It is, however, not a Schengen Directive. Switzerland has joined the Schengen visa scheme on 12 December 2008, but it is not a member of the EU. Therefore, only Schengen Directives apply.

In order to avoid problems at the Swiss border, I suggest you apply for a visa for your wife. All the relevant information as well as a list of the documents that have to be presented when applying for a Schengen visa are mentioned on the webpage of this Embassy, where the application form can be downloaded. Please note, that it will take at least 10 working days in order to process the visa. Therefore, it is strongly suggested you apply for your visa at least three weeks before your planned departure.

Our website is: http://www.eda.admin.ch/eda/en/home/rep ... /visa.html

I trust this information will be of help to you.
Bernadette Hunkeler Brown
Counsellor
Embassy of Switzerland

[charles4u]

Well something is not right here or maybe I dont understand, The EU and Schengen now follow the same rules so the EU Directive 2004/38/EC works for the both.

I think they need some court case as a new member so they can know what is good and what is bad instead coming new and making new laws, they shouldn't have joined in the first place if they will make things more arduous.

[Richard66]

I think the Swiss themselves are confused. UK residence cards were valid as short stay visas before, why is it now different?

The same applied for holders of long-stay American visas. Are we to understand they also can no longer enter Swizerland?

[Plum70]

The EU and Schengen now follow the same rules so the EU Directive 2004/38/EC works for the both.

Charles, the EU is one thing and the Schengen is another. Switzerland is not a member of the EU (as most Schengen states are) but has certain bilateral agreements with them. Switz. has however joined the Schengen Area and therefore can issue visas in line with the Schengen Agreement NOT the EU Diective. As such, anyone who would ordinarily require a visa to enter a schengen state will require a visa to enter Switzerland.

However, if you look on the Swiss VFS site (FAQs) it states that family memebers of EU/EEA nationals in possession of a UK Residence Card will be issued the schengen visa free of charge. I am not certain about the EU Fam Card though...

I also found this: http://en.wikipedia.org/wiki/Schengen_Agreement which corroborates your thinking:

"Internal movement of holders of a residence title"

Third-country nationals who are holders of a residence title of a Schengen state may freely enter into and stay in any other Schengen state for a period of up to three months. For a longer stay, they require a residence title of the target member state. Third-country long-term residents of a member state enjoy, under certain circumstances, the right to settle in other member states.
The right of entry without additional visa was extended to the non-EEA family members of EEA nationals exercising their treaty right of free movement who hold a valid residence card or residence permit of their EEA host country and wish to visit any other EEA member state for a short stay up to 90 days. This is implied in Directive 2004/38/EC, Article 5(2) provided that they travel together with the EEA national or join their spouse/partner at a later date (Article 6(2)). Several member countries (as at December 2008), however, do not follow the Directive in this respect to the effect that non-EEA family members living in non-Schengen EU countries may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to certain Schengen countries with their residence permit alone. Likewise non-Schengen member EU countries may deny entry to Schengen residence permit holders without an additional visa."

However being that Switzerland is not a EU member state, does this not mean that it is not bound by the EU directive in this respect?

[Plum70]

UK residence cards were valid as short stay visas before, why is it now different?
The same applied for holders of long-stay American visas. Are we to understand they also can no longer enter Swizerland?

These sort of permits are no longer compatible as Switz. now operates in accordance with the entry requirements of the Schengen Agreement.
No visa national in possession of a UK resident card (student, worker, WHM...) OR a long stay US visa were able to travel to other schengen states without applying for the appropriate schengen visa. So why should it be any different for Switz. under the new rules?

[86ti]

I also found this: http://en.wikipedia.org/wiki/Schengen_Agreement which corroborates your thinking...

Not that I want to brag about this but the second paragraph you quote is actually mine... Of course, with the help of the many people on this and other boards who gave me all that valuable information.

[flyboy]

I think they need some court case as a new member so they can know what is good and what is bad instead coming new and making new laws, they shouldn't have joined in the first place if they will make things more arduous.

Directive 2004/38 is not applicable to Switzerland and they are not making new laws. I think your suggestion is more relevant to those EU member states who should implement the directive correctly.

Strangely in your reply on the following thread http://www.immigrationboards.com/viewtopic.php?t=33460 , you are happy about switzerland not accepting the residence cards and on here it is a completely different story.

[charles4u]

I think they need some court case as a new member so they can know what is good and what is bad instead coming new and making new laws, they shouldn't have joined in the first place if they will make things more arduous.

Directive 2004/38 is not applicable to Switzerland and they are not making new laws. I think your suggestion is more relevant to those EU member states who should implement the directive correctly.

Strangely in your reply on the following thread http://www.immigrationboards.com/viewtopic.php?t=33460 , you are happy about switzerland not accepting the residence cards and on here it is a completely different story.

I am happy they don't accept UK's not other EU member that fully implement EU and Schengen regulations (Romania, Bulgaria and Cyprus), Visas from this countries can transit Schengen countries and family card is valid as visa-free under EU directive. They are full member with no subjections.

The case of UK is the fact they didn't implement the full membership, I guess in some cases that is why they could make national laws. You guys should see my quotes below and view the link also so maybe you will understand what am trying to say. So the fact the both (EU and Schengen) share the same acquis then there visas and residence permits are valid in the both territories (EU and Schengen) except UK and Ireland.


"The common rules should apply to uniform visas, longstay
visas and residence permits issued by Member States
fully implementing the Schengen acquis (which also
include, as from 21 December 2007, the Czech
Republic, Estonia, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia), similar documents
issued by Cyprus as well as to short-term visas, longstay
visas and residence permits issued by Bulgaria and
Romania."


"In accordance with Articles 1 and 2 of the Protocol on
the Position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, these Member
States are not taking part in the adoption of this
Decision."

http://eur-lex.europa.eu/LexUriServ/Lex ... 035:EN:PDF

[flyboy]

If you read the link you provided carefully, it states that residence permits / schengen visas issued by states implementing the Schengen agreement , as well as long or short national visas , residence permits issued by cyprus, are acceptable for transiting through bulgaria and romania, and that documents issued by romania and bulgaria will be accepted for transit through either country as well as cyprus and not the schengen area.

Non EU/EEA family members holding residence cards as a family member of EU/EEA citizen issued by UK / Ireland / Bulgaria / Romania / Cyprus , will have to apply for a schengen visa for switzerland.

As mentioned, Directive 2004/38 is not applicable to switzerland.

[charles4u]

If you read the link you provided carefully, it states that residence permits / schengen visas issued by states implementing the Schengen agreement , as well as long or short national visas , residence permits issued by cyprus, are acceptable for transiting through bulgaria and romania, and that documents issued by romania and bulgaria will be accepted for transit through either country as well as cyprus and not the schengen area.

Non EU/EEA family members holding residence cards as a family member of EU/EEA citizen issued by UK / Ireland / Bulgaria / Romania / Cyprus , will have to apply for a schengen visa for switzerland.

As mentioned, Directive 2004/38 is not applicable to switzerland.

ohh I see, Thanks for the clarification....Thank God its just Switzerland..

[JG]

The problem I have is that you need 3 months left on your UK visa to get a schengen visa - mine expires 2 months after my trip to Sitzerland in January therefore I cannot get aschengen visa - and I booked a paid for my trip 6 months ago. From what I can gather there is nothing I can do - any suggestions ?