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Schengen Visa Application Form - EU/EEA/CH Family Members

Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

flyboy
Member of Standing
Posts: 255
Joined: Sun Jan 21, 2007 12:32 pm
Location: Geneva / Lausanne,CH
Switzerland

Post by flyboy » Sun Jun 03, 2012 8:32 am

EUsmileWEallsmile wrote:
Plum70 wrote:...why don't you get a visa from the swiss embassy considering that your spouse is Swiss?
As a matter of interest, how does Switzerland treat family members of their own citizens? Is there an equivalent Singh provision?
The link is in french but basically the family members of a swiss citizen that have a residence card issued by any EU / EEA country have the right to a residence permit in switzerland, irrespective whether the swiss citizen was exercising treaty rights as a worker, self employed, student, self sufficient etc..

However under swiss national law, the spouse / civil partner of a swiss citizen has a right to a residence permit, unlike in the UK.

Only difference between EU and swiss national law is under EU law there's a broader definition of family members and that family members resident in the EU could apply from within Switzerland for their residence permits. (well at least that is the case in canton Vaud).

http://www.admin.ch/ch/f/rs/142_20/a42.html

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Sun Jun 03, 2012 9:46 am

Interesting links flyboy.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Sun Jun 03, 2012 11:06 am

flyboy wrote:http://www.admin.ch/ch/f/rs/142_209/a13.html
Art13.L - Visa gratis for spouses and registered partners of swiss citizens.
This applies irrespective whether the swiss citizen is exercising treaty rights or not and no need to be accompanied by or joining swiss citizen, same applies to EEA family members.
Interesting link flyboy - thanks. Though deciphering the text with my limited command of French, the free issuance of Swiss residents permits may only apply where a non-EU spouse is accompanying or joining their Swiss spouse to reside in CH.

For a short stay/visit, a Schengen visa will be applicable I imagine. Might be worth us enquiring from the Swiss embassy.

flyboy
Member of Standing
Posts: 255
Joined: Sun Jan 21, 2007 12:32 pm
Location: Geneva / Lausanne,CH
Switzerland

Post by flyboy » Sun Jun 03, 2012 3:05 pm

Not 100% sure Plum. This joining or accompanying the EU spouse hails from directive2004/38.
The issuance of free visas for spouses of swiss citizens has always been there even before switzerland joined schengen.
Definitely worth a try though, especially if you can get to speak with a swiss employee working at the consulate.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Mon Jun 04, 2012 6:55 am

flyboy wrote:Not 100% sure Plum. This joining or accompanying the EU spouse hails from directive2004/38.
The issuance of free visas for spouses of swiss citizens has always been there even before switzerland joined schengen.
Definitely worth a try though, especially if you can get to speak with a swiss employee working at the consulate.
Quite right - it is worth trying.

I better get on with baking some Lakerli to coax the Swiss German bureaucrats into a responsive mood! :wink:

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