Go Back   English Forum Switzerland > Help & tips > Permits/visas/government
Reply
 
Thread Tools Display Modes
  #1  
Old 19.05.2015, 01:26
Junior Member
 
Join Date: Dec 2010
Location: Zurich
Posts: 49
Groaned at 0 Times in 0 Posts
Thanked 6 Times in 5 Posts
sholay has no particular reputation at present
New UK (visa free) rules for non EU spouses of EU nationals in EEA valid for CH?

Friends

I am a british national with non EU wife living in Zurich.
Not sure if you all have been tracking Sean McCarthy European Court of Justice ruling from Dec which now has been implemented by the UK.

With new ruling , non EU wives of EU nationals living in "EEA" need no visa to travel to UK. See the following:

https://www.gov.uk/government/public...residence-card

The killer question - is Switzerland considered part of EEA for this directive or are we the unlucky ones and still continue to need UK travel visa for wives?

Thanks for sharing your thoughts/knowledge.
Best!
Reply With Quote
The following 2 users would like to thank sholay for this useful post:
  #2  
Old 19.05.2015, 09:10
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,486
Groaned at 169 Times in 134 Posts
Thanked 9,622 Times in 5,497 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: New UK (visa free) rules for non EU spouses of EU nationals in EEA valid for CH?

Difficult to say for sure. I found this:

"The European Economic Area (EEA)

The EEA includes EU countries and also Iceland, Liechtenstein and Norway. It allows them to be part of the EU’s single market.

Switzerland is neither an EU or EEA member but is part of the single market - this means Swiss nationals have the same rights to live and work in the UK as other EEA nationals."

https://www.gov.uk/eu-eea

BUT, under point 1 in your link is this phrase.

"Documents issued on any other basis, for example (biometric) residence permits issued under the national law of another Member State are not acceptable and do not exempt the holder from the requirement to obtain an EEA family permit."

So unless the Swiss permit conforms to Articles 10 or 20 as mentioned in point 1 you will probably still need to apply for a visa.

Checking my C permit I find neither of the phrases mentioned.

Article 10 residence card: “Residence Card of a Family Member of a Union Citizen”.

Article 20 residence card: “Permanent Residence Card of a Family Member of a Union Citizen”
Reply With Quote
The following 2 users would like to thank Medea Fleecestealer for this useful post:
  #3  
Old 19.05.2015, 09:46
Junior Member
 
Join Date: Dec 2010
Location: Zurich
Posts: 49
Groaned at 0 Times in 0 Posts
Thanked 6 Times in 5 Posts
sholay has no particular reputation at present
Re: New UK (visa free) rules for non EU spouses of EU nationals in EEA valid for CH?

On the other hand, the blog below mentions explicitly that Switzerland is not part of this deal -

http://blogs.kent.ac.uk/eu-rights-cl...om-april-2015/

I dont know how much to trust this blog?

Anyone else having any other opinion or feedback from UKBA?
Reply With Quote
This user would like to thank sholay for this useful post:
  #4  
Old 19.05.2015, 12:05
Junior Member
 
Join Date: Jul 2014
Location: United Kingdom
Posts: 99
Groaned at 0 Times in 0 Posts
Thanked 99 Times in 57 Posts
jhm3 is considered knowledgeablejhm3 is considered knowledgeablejhm3 is considered knowledgeable
Re: New UK (visa free) rules for non EU spouses of EU nationals in EEA valid for CH?

Quote:
View Post
On the other hand, the blog below mentions explicitly that Switzerland is not part of this deal -

http://blogs.kent.ac.uk/eu-rights-cl...om-april-2015/

I dont know how much to trust this blog?

Anyone else having any other opinion or feedback from UKBA?
The newly amended Immigration (European Economic Area) Regulations appear to exclude the holders of Swiss permits for non-EEA family members from the right to admission to the UK on the basis of their residence cards.

Section 11 of the Regulations say,

"... (2) A person who is not an EEA national must be admitted to the United Kingdom if he is—(a)a family member of an EEA national and produces on arrival a valid passport and a qualifying EEA State residence card ..."

http://www.eearegulations.co.uk/Latest/ByPage/part2_11

But then the definition of "qualifying EEA State residence card," as given in the newly amended Section 2 of the Regulations is, "(a) a valid document called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/EC (as applied, where relevant, by the EEA Agreement) by an EEA State listed in sub-paragraph (b) [i.e., Iceland, Liechtenstein, and Norway] to a non-EEA family member of an EEA national as proof of the holder’s right of residence in that State; (b) [or by?] any EEA State, except Switzerland". This definition is not altogether grammatical or easy to understand, but Switzerland is clearly excluded.

http://www.eearegulations.co.uk/Latest/ByPage/part1_2
Reply With Quote
The following 2 users would like to thank jhm3 for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Permits for Spouses of Swiss nationals and non- nationals Wabma Permits/visas/government 9 20.05.2013 10:26
Any experience-Non EU getting married for Non EU with B visa? dunjaco Permits/visas/government 1 03.01.2013 23:14
New Non EU Visa rules in Zurich??? bARRON Permits/visas/government 0 09.02.2010 21:53
New Info for Non Eu Spouses!! Dawn Clifton Permits/visas/government 34 08.07.2008 15:54
visa for non-EU spouse of EU in Switzerland bluegcz Permits/visas/government 3 01.07.2008 08:20


All times are GMT +2. The time now is 14:32.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0