 | | 
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
| | 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 I understand my Article 10 EU family member residence card from the UK is no longer valid from 2021 due to Brexit.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!
| 
03.03.2021, 20:03
|  | Moderately Amused | | Join Date: Jul 2010 Location: Bern area
Posts: 11,518
Groaned at 92 Times in 87 Posts
Thanked 20,064 Times in 8,880 Posts
| | 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.
| 
03.03.2021, 20:20
|  | Forum Legend | | Join Date: Dec 2010 Location: Lugano
Posts: 32,716
Groaned at 2,626 Times in 1,868 Posts
Thanked 39,825 Times in 18,784 Posts
| | Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days
Yes, they count.
Tom
| 
03.03.2021, 20:22
|  | Forum Legend | | Join Date: Jul 2011 Location: Switzerland
Posts: 22,946
Groaned at 449 Times in 346 Posts
Thanked 18,085 Times in 10,092 Posts
| | 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.
| This user would like to thank Medea Fleecestealer for this useful post: | | 
03.03.2021, 20:43
|  | Forum Legend | | Join Date: Mar 2008 Location: Wallis
Posts: 6,702
Groaned at 118 Times in 82 Posts
Thanked 7,527 Times in 3,430 Posts
| | 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 won’t count. Anything that’s changed due to Brexit starts from 2021.
| This user would like to thank Island Monkey for this useful post: | | 
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
| | 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!
| 
05.03.2021, 13:40
|  | 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
| | Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days
what are you doing in Switzerland?
| 
05.03.2021, 13:48
|  | Forum Legend | | Join Date: Mar 2008 Location: Wallis
Posts: 6,702
Groaned at 118 Times in 82 Posts
Thanked 7,527 Times in 3,430 Posts
| | Re: Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days | Quote: | |  | | | 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.
|
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | Thread Tools | | Display Modes | Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT +2. The time now is 19:42. | |