family-member of Swiss citizen entering the UK?

[ca.funke]

Hi all,

while I know how and why an EU-family-member may travel to the UK >>with a residence card (only)<< or even >>without any visa<<, I was wondering if the same applies for the family-member of a Swiss national?

The case:

• Swiss+Indian national (married), normally resident and documented in Switzerland, will transit London on their way to the U.S.
• The Indian National has a U.S. visa, and will thus be allowed to board the UK-bound flight, since he falls under a >>DATV-exception<<

  You will be exempt from the DATV requirement and may be able to transit without visa if you hold (...)

  • A valid visa for entry to (...) the United States of America and a valid airline ticket for travel through the UK as part of a journey from another country or territory to the country for which you have the entry visa.

• However, they wish to enter the UK for a few hours (luggage checked-through)

Will the "enter the UK for a few hours"-part be possible? What papers would yee suggest to take? Which law is relevant here?

I´d say: Passports, marriage certificate, proof of Swiss residence, copy of 2004/38/EC.

However:

• I´m not sure if 2004/38/EC applies for Swiss citizens, maybe through some by-laws?
• The >>Agreement between the European Community and its Member States and the SwissConfederation on the free movement of persons<< does not provide for visa-free rules as does 2004/38/EC.
  • Does anyone know where to find the English version?

[Plum70]

The UK decided to fully apply the Directive to Swiss nationals as well. As such, CH=EEA=EU for the purpose of freedom of movement.

I do not think that the couple will have much of a problem clearing UK immigration with the docs you mentioned. Probably just a bit of explaining to the border agent.

[ca.funke]

Hi Plum70,

thanks for your input.

...As such, CH=EEA=EU...

do you know which laws define that the above is indeed so?

Thanks and regards,
Christian

[acme4242]

Hi Plum70,

thanks for your input.

...As such, CH=EEA=EU...

do you know which laws define that the above is indeed so?

Thanks and regards,
Christian

http://www.legislation.gov.uk/uksi/2006 ... ion/2/made
UK Law, The Immigration (European Economic Area) Regulations 2006

“EEA Stateâ€

[Directive/2004/38/EC]

http://eumovement.wordpress.com/2010/08 ... to-travel/ has an extract of the UK "Border Force Operations Manual - EEA Nationals & their Dependents" which talks about entry into the UK if you do not have a UK issued Residence Card or a UK issued EEA Family Permit.

At the start of the manual, it is explicit about Swiss nationals:

1.4 Switzerland
Switzerland are not part of the EEA. However, Swiss nationals should be treated in
the same way as nationals of the EEA. The Swiss Regulations 2002 have now been
revoked and incorporated into the EEA Regulations

[Plum70]

What directive and acme said!

[ca.funke]

Hi acme4242,
Hi Directive/2004/38/EC,
Hi Plum70,

thanks so much, yee are gems!!

Rgds, Christian

[ca.funke]

feedback: They managed to enter

Thanks to all for the advice!

If I get any more details (this may be much later!) I´ll post them here...

[Plum70]

feedback: They managed to enter

Had no doubt they would!