charles4u wrote:But this is so confusing, some Schengen state asking for visa and some not.
How can you want to go to for example Belgium which doesnt require a visa and you have to pass through Germany and Holland which requires a visa...meaning the person have to take a flight ?
Hi charles4u,
I think it´s not "confusing". The legal scenario is just messed up and doesn´t make much sense:
You MAY legally go to ALL EEA and thus also ALL Schengen-countries, no matter if they (illegally) ask for a visa or not.
Thus if you manage to enter one Schengen-country, you CAN and MAY pass through all of them, as there are no checkpoints at the borders. Should you get into trouble somewhere, no matter what the police-folks or other authorities say, you will prevail in the end, as you are legally entitled to do so, no matter what they say.
In Switzerland however, the story is different: Although they are Schengen, they are NOT an EEA-memberstate. As such 2004/38/EC is not applicable.
As a consequence you CAN enter Switerland through its open land-borders from any neighboring country, but you are NOT entitled to do it. It would be illegal. You would need a Schengen-visa.
I brought this to the attention of the Swiss authorities, however things haven´t changed yet.
charles4u, If I remember right you are Nigerian married to a Romanian, with an EU-residence-permit for family-members, issued by Romania? If this is so this is applicable for you too: You can (and if I remember right already did?) enter Schengen from Romania without too many problems... However, if you do so on the mentioned permit, you may not proceed to Switzerland. That´s about the story in full.