Switzerland joins Schengen

[ca.funke]

Hi mastermind,

the problem is in the last paragraph of your citation:

...No entry visa or equivalent requirement may be demanded save in respect of members of the family (...) who do not have the nationality of a Contracting Party. The Contracting Party concerned shall grant these persons every facility for obtaining any necessary visas.

As a consequence the visa is still needed.

[charles4u]

Hi mastermind,

the problem is in the last paragraph of your citation:

...No entry visa or equivalent requirement may be demanded save in respect of members of the family (...) who do not have the nationality of a Contracting Party. The Contracting Party concerned shall grant these persons every facility for obtaining any necessary visas.

As a consequence the visa is still needed.

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 ?

[ca.funke]

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.

[charles4u]

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.

Yea I understand the fact that no matter what complain or delay, they will still let the person go but sometimes this delays or whatever can course a damage.

Example, When I and my wife went to Denmark earlier this year...There was a period when I rushed to Germany for something and on my way back to Denmark...an officer stopped me and bla bla bla. I explained everything and even showed him my marriage cert, NO WAY. After all, he took me to the station and it was around 5 so they said they have closed the office to verify my rights according to what I said even the fact I quickly called my wife and she was present there at the time. They concluded I have to sleep over till the next day for the immigration officer to comfirm from Copenhagen.

So so...I stayed till the next day, they comfirmed and later said they are SORRY ofcourse and took me home, they have nothing to loose. This is just the way it is, its people like us that suffer this unfair situations.

Anyway, I know CH is not a member of EU and that directive wont apply, I was only refaring to Germany or Holland. Yes your correct and I know I can enter some Schengen countries without visa even ALONE. But not CH and the documents they even require for the visa is like someone coming from another planet going to CH.

[ca.funke]

...But not CH and the documents they even require for the visa is like someone coming from another planet going to CH.

Hi charles4u,

I agree to all you say and actually I´m sorry that this mess happened to you in my home-country (Germany)
In my opinion that should qualify for illegal arrest or something similar, can´t you sue Germany for compensation in this matter?

Anyway - about CH: All you need to do is apply for a Schengen-Visa, and the papers they should ask for from EU-family-members are the same in all Schengen-countries. In CH they actually stick to the rules. As such you should obtain a Schenge-Visa, free of charge, by supplying both your passports and the marriage-certificate (only).

Imagine you are in Liechtenstein and decide you want to hop over the river Rhine into CH... It´s just a little paradox asking for a Schengen-Visa in a Schengen country. I wonder how many people already went to Swiss embassy in Vaduz to ask for a visa

If anyone wants to do the above (ask for a visa to Switzerland in Vaduz) please let me know: I´d really want to join you there and I´m sure it´ll be worth the day-trip

Rgds, Christian

[charles4u]

Hi charles4u,

I agree to all you say and actually I´m sorry that this mess happened to you in my home-country (Germany)
In my opinion that should qualify for illegal arrest or something similar, can´t you sue Germany for compensation in this matter?

Anyway - about CH: All you need to do is apply for a Schengen-Visa, and the papers they should ask for from EU-family-members are the same in all Schengen-countries. In CH they actually stick to the rules. As such you should obtain a Schenge-Visa, free of charge, by supplying both your passports and the marriage-certificate (only).

Imagine you are in Liechtenstein and decide you want to hop over the river Rhine into CH... It´s just a little paradox asking for a Schengen-Visa in a Schengen country. I wonder how many people already went to Swiss embassy in Vaduz to ask for a visa

If anyone wants to do the above (ask for a visa to Switzerland in Vaduz) please let me know: I´d really want to join you there and I´m sure it´ll be worth the day-trip

Rgds, Christian

Hey Christian,

The incident happened to me after Flensburg and I was already in Denmark...so it was Danish police officers. Thank you for all the informations anyway and I doubt I will ever know anyone in that country (Liechtenstein) but anyway things happen and I will inform you if I know someone having such problem.

Regards.

[Pakhtoon]

At the last check, further in front of me a Muslim women, in full curtain. Nobody checked her. The next one a retire couple from Nord Germany.
They where strip searched, with a finger in the rectum.

The whole line was shouting and protesting. There the security officer meant, why the Muslim women was not searched: "This would be politically incorrect"

Sorry Caribbeangoerge but this is offensive. ( I have been reading this thread because we - me Pakistani with a polish residence card and my polish wife - wanted to go to Switzerland for a visit and I am not sure if I need a visa or not ). After reading the story you wrote, I am surprised to see you believe the muslim woman should have been checked more thoroughly. Why if I may ask ? just because she was a wearing burqa ??
I am not saying she should be let gone because she was a muslim women, I don't believe in what you called 'political incorrectness' but what upsets me is the attitude of 'shouting and protesting' because the security people let her go but being blind and deaf when its the other way round. Would the people in queue have shouted and protested if the old german couple were let gone without checking ???

Looking at what you been through yourself, one would expect a fairer and more open-minded opinion from you, sadly its the opposite.

[ca.funke]

...post irrelevant...

[Pakhtoon]

Apologies Christian...this was the first time I quoted someone and did it wrong !

[ca.funke]

Apologies Christian...this was the first time I quoted someone and did it wrong !

Not a bother, thanks Believe me, i did much worse mess-ups at the start, so no worries. Enjoy the forum.

Rgds, Christian

[fortunitos]

watch free rubbish here: http://bit.ly/bqaTMo

[ca.funke]

Started a new topic, covering a strange side-effect of Switzerland joining Schengen:

http://immigrationboards.com/viewtopic.php?t=61830

[goodenterprise]

Are there still Swiss passport checks when entering from e.g. France or Austria? As non-EEA UK Family permit holders can now travel visa free to, lets say France, what stops them to enter Switzerland visa free via France, Germany or Austria?

[86ti]

As non-EEA UK Family permit holders can now travel visa free to, lets say France, what stops them to enter Switzerland visa free via France, Germany or Austria?

Nothing but the law and checks within Switzerland maybe. An entry without proper entry clearance is still illegal and the Swiss may react quite harshly (ban on re-entry for years).