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  #221  
Old 28.02.2017, 23:43
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Re: Not allowed entry without a resident's permit?

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What do you use if, say, you have to pick up something from the post office, or some other place that needs some photo ID?
My ID card is both my travel document and everyday ID, everyone accepts it without batting an eyelid.
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  #222  
Old 05.04.2017, 00:04
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Re: Not allowed entry without a resident's permit?

I think I found the legal basis ta affirm, without doubt, that a residence permit in not required to enter Switzerland for a EU/EEA national. The relevant text is the

Regulation (EC) No. 562/2006 (Schengen Borders Code), which has been accepted by Switzerland as part of the Schengen acquis on 4 May 2016.

Article 7 (Border checks on persons), alinea 2 says:

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2. All persons shall undergo a minimum check in order to establish their identities on the basis of the production or presentation of their travel documents. Such a minimum check shall consist of a rapid and straightforward verification, where appropriate by using technical devices and by consulting, in the relevant databases, information exclusively on stolen, misappropriated, lost and invalidated documents, of the validity of the document authorising the legitimate holder to cross the border and of the presence of signs of falsification or counterfeiting.

The minimum check referred to in the first subparagraph shall be the rule for persons enjoying the Community right of free movement.

However, on a non-systematic basis, when carrying out minimum checks on persons enjoying the Community right of free movement, border guards may consult national and European databases in order to ensure that such persons do not represent a genuine, present and sufficiently serious threat to the internal security, public policy, international relations of the Member States or a threat to the public health.

The consequences of such consultations shall not jeopardise the right of entry of persons enjoying the Community right of free movement into the territory of the Member State concerned as laid down in Directive 2004/38/EC.
It does explicitly exclude the possibility of any check except validity of the travel document, and serious threats to internal security, public policy, international relations or public health.
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  #223  
Old 05.04.2017, 00:17
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Re: Not allowed entry without a resident's permit?

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What do you use if, say, you have to pick up something from the post office, or some other place that needs some photo ID?
i always use my driving licence for this.
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  #224  
Old 05.04.2017, 00:19
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Re: Not allowed entry without a resident's permit?

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I think I found the legal basis ta affirm, without doubt, that a residence permit in not required to enter Switzerland for a EU/EEA national.
Except the persons are not entering under the Schengen agreement, their claim is based on the fact that they actually do possess a permit and as such have a right to be there.
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  #225  
Old 05.04.2017, 00:21
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Re: Not allowed entry without a resident's permit?

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I think I found the legal basis ta affirm, without doubt, that a residence permit in not required to enter Switzerland for a EU/EEA national.
I'm non EU/EEA and I don't need, nor have, a residence permit.

Tom
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  #226  
Old 05.04.2017, 00:37
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Re: Not allowed entry without a resident's permit?

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Except the persons are not entering under the Schengen agreement, their claim is based on the fact that they actually do possess a permit and as such have a right to be there.
I am afraid I do not understand your reply. A EU/EEA national, resident in Switzerland or not, can cross the border under their claim of being a citizen enjoying freedom of movement (art.2 al.5). Residence seems (to me) to be irrelevant in this context, unless I am missing some important aspect of the law.
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