Does my wife(ILR status) need visa to join me to swiss?

[mr_pankaj]

Dear Friends,

I am bit confused and would appreciate if some expert can clear my confussion.

I am a British Citizen (by Naturalization) and my wife has an ILR (Indefinite Leave to Remain).

Now, I want to know :

a) If we plan a week holidays to switzerland, would she need to apply for Schengen visa? If so, can I assume it will be free for her (like other schengen states) ?

b) If I take up a job in switxerland, would she need to apply for some visa? If so, what is it called?

many thanks

Regards,
P

[fysicus]

yes, if your wife needed a Schengen visa for let's say France in the past, she will now also need it for Switzerland under the same conditions.
On the other hand, if you were to live and work in Switzerland your wife will be entitled to join you. There is a bilateral agreement between Switzerland and the EU which in essence extends the EU rights of free movement (directive 2004/38 ) to Switzerland. I don't know the practical formalities but it shouldn't be too complicated

[Plum70]

Now, I want to know :

a) If we plan a week holidays to switzerland, would she need to apply for Schengen visa? If so, can I assume it will be free for her (like other schengen states) ?

Is your wife a non-visa national? If "yes" then she will NOT need to apply for a schengen visa to travel to Switzerland. If "no" then she will need a visa. See here: http://ch.vfsglobal.co.uk/faq.aspx
You cannot assume that the schengen visa will be issued free of charge. If in doubt contact the Swiss embassy.

b) If I take up a job in switxerland, would she need to apply for some visa? If so, what is it called?

She will need to apply for a Swiss residence permit. See here for more info: http://www.bfm.admin.ch/bfm/en/home/the ... _-_eu.html

[Richard66]

As the first three months residence are unconditional, going to Swizerland on a holiday or to work makes no difference.

[flyboy]

b) If I take up a job in switxerland, would she need to apply for some visa? If so, what is it called?

many thanks

Regards,
P

Hope the following links helps.


http://www.vd.ch/fr/themes/vie-privee/e ... s-a-lalcp/

Rough google translation :

family reunification of nationals of a country covered by the free movement of persons , the application must be filed by the family member in Switzerland to the population control in his commune of residence.
Family members who are not nationals of the countries covered by the agreement on free movement of persons (ALCP) and who hold a residence permit sustainable in a country of the European Union or the European Free Trade Association are required to submit a prior application for a visa for Switzerland from the Swiss (embassy or consulate) closest to their homes abroad.
Warning! The person is required to wait abroad for the decision.

Documents to produce
In all cases:
- Copy of the lease,
- Certificate of financial resources.

For the husband, wife:
- Copy of passport
- Marriage certificate or family certificate / family book (livret de famille).

If the husband, wife is not a national of one of the countries covered by the agreement on free movement of persons (ALCP):

- Extract from the judicial, (police clearance certificate)
- Copy of the residence permit of EU countries or EFTA where the husband, wife resides.



http://www.vd.ch/fr/themes/vie-privee/e ... s-a-lalcp/

Google translation

Scope of the right to family reunification
The demand for family reunification may be filed for the following family members:
- The husband or wife
- Descendants of both spouses under 21 years
- Descendants of more than 21 years if they are still dependent
- The ascendants who are dependent.

Conditions for the granting of family reunification
Have adequate housing (every room of the apartment is intended to accommodate 2 persons, except the Spam, bathroom, vestibule, etc.).
Having a health insurance cover for all family members.
Have sufficient income to maintain the family (this requirement applies only if the person who wants to bring his family in Switzerland is not gainfully employed or residing in Switzerland as an independent).
For the descendants of more than 21 years and older relatives, prove of the existence of prior care

[Plum70]

As the first three months residence are unconditional, going to Swizerland on a holiday or to work makes no difference.

Yes, however after the 3 month period they would need to apply for residence permits. I also suspect that his spouse with ILR would need an entry visa UNLESS a non-visa national

[flyboy]

I also suspect that his spouse with ILR would need an entry visa UNLESS a non-visa national

That's correct Plum70, however it is strongly recommended that even non visa nationals should apply for a visa ( une assurance d'autorisation de séjour) before entering switzerland , if they plan to stay longer than 3 months and apply for a residence permit.

Personally know of instances where non EU/EEA family members of EU citizens had to return to their countries and apply for it, before being able to return to apply for a residence permit in the commune they will be residing. Of course , it all depends on the communal and cantonal authorities you are dealing with.