Hi All,

Could someone please help me with this ...

I am a Swiss National, studying in the UK from Sept. 2011 to Sept. 2012.
My husband is an Indian National, studying with me in the UK, same course.
6 months back, my husband and i moved from India to the UK for our studies, and he is currently on a student VISA.

Our marriage is registered with the Swiss Embassy and my name change is reflected in my new passport.

As a Swiss national, i have rights of free movement and work permit in EU countries, as well as Switzerland and the UK.

How does my husband acquire a VISA / Work Permit, as Spouse of a Swiss National? Is there something like a "Passport Seal / Stamp" that indicates he has the same movement and working rights as myself on long-term permanent basis anywhere in EU?

We are not sure where in the EU we will be moving after our course in the UK. Hence, we are looking to get a permit for any of the countries I am allowed to live and work in.

How does this work?

Yes. He is free to move with you to any other EU/EEA country (UK being in the EU). You just go together and register at the appropriate place in the country that you are moving to. Each country is slightly different. You must of course have your marriage certificate/livet de famille, and what other papers are required by that country.

He does not get any type stamp in his passport saying his has any special right. The country in question will issue him a resident permit/permit de sejour, etc. He does not hold this right unless he is moving with you. IE, he can't move to say France unless you are moving there and he is following you.

To move to Switzerland it is more complicated. (Technically, moving to the home country of the EU/EEA national is always more complicated). You will have to get in touch with the commune you are moving to and ask them what you need to do to get his visa.

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Thanks Mia, a few more questions though ...

1. to enter a country and "register at the appropriate place", we need to first cross the border clearance (airport), right? How will that work if he doesnt have a Visa to enter that country in the first place?
Isnt it necessary to have a "stamp" or other certificate that states he can travel to any country i can?

2. In your last line, you mentioned "Visa" ... what do you mean by that?

It wont be technically possible that we only travel together all the time, depending on our job and other reasons for travel.

If we are applying for a job in 4 different countries, we cant get a Visa / Work Permit for each country, just in case one of them clicks ...

Well, #2 is the answer to #1.

Your husband must had the correct visa for entry into whatever country you are planning to live in. I was going with the assumption he was living in the UK.

Step 0. Get and accept job.
Step 1. Get appropriate entry visa (if necessary).
Step 2. Register for a resident visa upon arrival.

Widely ignored, but a fact, here an excerpt from the Schengen Handbook for border Controls, page 49, 7.10:
Quote:
Specific rules for issuing visas at the border to members of the family of citizens of EU/EEA/CH countries who are third-country national subject to the visa requirement:
7.10 When a member of the family of an EU/EEA/CH citizen, accompanying or joining theEU/EEA/CH citizen in question, arrives at the border without being in possession of the necessary visa, the Member State concerned must, before turning him/her back, give such a person every reasonable opportunity to corroborate or prove by other means that he/she is covered by the right of free movement. If he/she succeeds in doing so and if there is no evidence to establish that he/she represents a risk to the requirements of public policy, public security or public health, the visa must be issued to him/her without delay at the border. The visa has to be issued for free.

The link to the handbook and within links to the legal basis: http://www.statewatch.org/news/2006/...andbook-06.pdf

Also very often, include Switzerland, that there is an misunderstanding from the BfM that the free movement act for third state members are only given if they had previous residency in a schengen state. Attached the metock case, clearly rules from a European high court that this is not not the case and such requirements are not valid!

In case you travel with your husband/wife and not schengen visa I recommend to print them out any carry them with you! Most of border controls are unaware to their own rules. I don't blame them, its hard to keep up and there also some rules in conflict to each other!

G.

Attached Files

metock.pdf (128.5 KB, 356 views)

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"Every once in a while, declare peace. It confuses the hell out of your enemies"

Dear George,

Thanks a lot for your helpful response ... this does offer some hope.

However, are you suggesting that my husband (Indian National) just travel without having a VISA, and when we reach the other country we then deal with the border control people regarding the VISA requirements?
Wouldnt that be unlawful? They might send the non-EU citizen back until he has things sorted out.

We do have a document that proves our marriage is registered in switzerland. But we're not yet sure after our MBA here in the UK, where in the EU we'll find a job.

Also, where can i find these documents online? Is there any good websites which deal with such issues in general (not specific only to UK, Switzerland, etc.).

Besides, we will also need a work permit to work in the country we are going to. A VISA alone will not be sufficient to work in that country.
This brings me to another problem ...

For an employer to offer a job, he may want to see a Work Permit. For a Work Permit to be issued, authorities may want to see a Job Offer.

Please help ...

What documents are you looking for? You have to check the regs for each separate country.

You must have a job first, move to the country in question then he gets permit. He can not get the job first. He has to follow you.

I'll try, but step by step.
First, I do not recommend to travel without VISA, its always better to have one if you need one! However, if you read the law articles, as long he travels in your presence, it would be unlawful from the border control to refuse entrance as long as you have evidence that he is your legally spouse.

Now what makes me wonder, why in heavens name he is on a student visa? He should have as a family member the same status as you. Therefore he should have a standard UK residence card - as you? And with this he can travel with you or without you all over Europe. He can however only have in the UK - or somewhere else - residency together with you! By Schengen law "living under the same roof".

You don't need as a Swiss National a working permit anywhere in Europe and so does he! You are free to travel and seek for work and so does he! But you -and he- need to make the UK residency card! He can not do it without you having one!

Otherwise Immigration will claim that he never had residency in Europe before and will require a family reunion visa first - for this I upload the attachment.

miniMia answered ALL your questions already to full extend - it looks to me that you try to find problems where there aren't any!

Only one thing I would like to mention, as I stepped in this "trap". My wife and me have been married for 5 years and then moved to Switzerland. Now we start, as Swiss resident, again from zero! Living abroad, we need to be married for 6 years and she could apply for the Swiss passport. Moving now to Switzerland it doesn't matter how long we are married, what now matters that she lived for 5 years in Switzerland (and being married for at least 3 years). So she can only apply in 5 years from now! Would we have waited for another year, she could apply and move during the application time (6-18 months) to Switzerland as once you file the application, it will not interrupt this process.

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"Every once in a while, declare peace. It confuses the hell out of your enemies"

Thank you George and Mia!!

Actually, as my questions were being answered, new ones arose.
Sorry about that ...
Anyhow, now things are clear and i look forward to seeing what happens.

Thanks both of you for your support!

All the best with your endeavours - may we all live happily wherever in the world we are :-)

George is right, you are adding complications where there are none and as George says, make sure his residency in the UK is correct. That could well save you paperwork later on.

Now focus on finishing school and looking for a job. Good luck!