Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 01.03.2021, 13:34
Newbie
 
Join Date: Mar 2021
Location: Lausanne
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
MCRLENG has no particular reputation at present
Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

Hello,

I am a US Citizen and a UK Resident with an Article 10 EU Family Member Card and Settled Status.

I am confused to whether the days I spent in the EU in late 2020 count towards the total number of 90 days in a 180 day period in the Schengen Zone, as Non-EU Family Members of EU citizens have right to free movement. I understand my Article 10 EU family member residence card from the UK is no longer valid from 2021 due to Brexit.

I visited Switzerland with my EU partner (Irish) in November 2020 for 10 days. I travelled to Switzerland again in January 2021 and have been there consecutively for 50 days.

Are the days I was in Switzerland in November (travelling with Article 10 card) counted towards the maximum 90 days allowed in the Schengen Zone, or in Switzerland?

From what I understand, because I held an Article 10 EU Family Member residence card from the UK in 2020, I was able to travel throughout the EEA with my EU partner without time restrictions due to freedom of movement. In this way, I would assume that the time I spent travelling in Switzerland and other Schengen countries in late 2020 will not effect the 90 days I wish to stay in Schengen Zone/ Switzerland in 2021. Am I understanding this correctly?

Thanks in advance!
Reply With Quote
  #2  
Old 03.03.2021, 20:03
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 11,471
Groaned at 92 Times in 87 Posts
Thanked 19,986 Times in 8,843 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

Welcome to the Forum.

I have no idea but since you posted this the other day and there aren't any responses, have a bump.
Reply With Quote
  #3  
Old 03.03.2021, 20:20
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 32,516
Groaned at 2,578 Times in 1,840 Posts
Thanked 39,652 Times in 18,690 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

Yes, they count.

Tom
Reply With Quote
  #4  
Old 03.03.2021, 20:22
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,800
Groaned at 436 Times in 337 Posts
Thanked 17,895 Times in 10,008 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: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

There is no difference between Schengen and Switzerland since Switzerland is part of the Schengen agreement; the 90 days limit applies to all countries in Schengen.

My guess is you are correct that the time spent in 2020 won't be counted.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #5  
Old 03.03.2021, 20:43
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 6,492
Groaned at 114 Times in 79 Posts
Thanked 7,245 Times in 3,304 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

If you had freedom of movement due to living in an EU country up until the end of 2020, then those days wonít count. Anything thatís changed due to Brexit starts from 2021.
Reply With Quote
This user would like to thank Island Monkey for this useful post:
  #6  
Old 05.03.2021, 13:37
Newbie
 
Join Date: Mar 2021
Location: Lausanne
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
MCRLENG has no particular reputation at present
Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

Thank you for your responses!!!

Switzerland is part of the Schengen but not part of the EEA, that is why I am confused about my rights to stay in Switzerland in 2020 under the Article 10 EU family member card.

For example, for Third Country nationals, who would typically need a visa to enter Schengen, the Article 10 card would override this and they would be able to travel to Schengen visa-free as EU family members. However, from what I understand, Swiss rules state they would still need a visa even with Article 10 card.

As I'm from the US, I don't need a visa to enter Schengen but I'm still concerned that in general Switzerland does not acknowledge Article 10 EU family member rights to free movement.

I would like it to be the case that time spent in Switzerland in 2020 with Article 10 card won't count towards the 90/180 days in 2021, but wanting doesn't always make it so!
Reply With Quote
  #7  
Old 05.03.2021, 13:40
Sean Connery's Avatar
Forum Legend
 
Join Date: Nov 2011
Location: Zurich
Posts: 5,565
Groaned at 58 Times in 54 Posts
Thanked 7,554 Times in 3,388 Posts
Sean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond repute
Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

what are you doing in Switzerland?
Reply With Quote
  #8  
Old 05.03.2021, 13:48
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 6,492
Groaned at 114 Times in 79 Posts
Thanked 7,245 Times in 3,304 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

Quote:
View Post
Thank you for your responses!!!

Switzerland is part of the Schengen but not part of the EEA, that is why I am confused about my rights to stay in Switzerland in 2020 under the Article 10 EU family member card.

For example, for Third Country nationals, who would typically need a visa to enter Schengen, the Article 10 card would override this and they would be able to travel to Schengen visa-free as EU family members. However, from what I understand, Swiss rules state they would still need a visa even with Article 10 card.

As I'm from the US, I don't need a visa to enter Schengen but I'm still concerned that in general Switzerland does not acknowledge Article 10 EU family member rights to free movement.


I would like it to be the case that time spent in Switzerland in 2020 with Article 10 card won't count towards the 90/180 days in 2021, but wanting doesn't always make it so!
Switzerland operates on the EU freedom of movement rules. If you have/had FoM in the EU, then it includes Switzerland.
Reply With Quote
Reply

Tags
article 10, brexit, non-eu countries, schengen zone, travel




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
Enter and stay in Switzerland for a few days eleexer Permits/visas/government 3 20.09.2015 01:07
UK citizen, looking to stay longer than 90 days in Switzerland giblesp Permits/visas/government 4 28.04.2013 09:42
90 days stay in Switzerland Jean Chua Permits/visas/government 7 25.08.2011 10:23
Length of stay permitteed for Family Visit. Jackyd Permits/visas/government 7 19.02.2011 20:53
I quit my job.Can I stay in Switzerland? [for 30 days past last date of employment] Rexz Permits/visas/government 9 14.03.2010 19:39


All times are GMT +2. The time now is 06:48.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0