Schengen is not always = Schengen!

[ca.funke]

As has been >>discussed before<<, when you are a family-member of an EU citizen, you are legally entitled to enter all of the EU/EEA, no matter what your current visa-status is anywhere. However, this does NOT apply to Switzerland!!

Article 5, Section 4 of 2004/38/EC (an EU-law which is hence not valid in Switzerland) reads as follows:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

I´m writing this in the light of the following (unfortunately) true situation:

A British/Lebanese couple (married), Lebanese part has ILR in the UK, wanted to visit Vienna/Austria from London/UK.

They happened to book a flight with Swiss via Zürich(Switzerland).

LHR - ZRH - VIE - ZRH - LHR

From previous visits to Schengen (amongst others Prag), they thought they do not need a visa.

On the way from London to Vienna, when changing in Zürich, they had to pass the (Swiss) Schengen-Passport-checkpoint in Zürich. They were told that they may NOT enter Switzerland. But since the guard was in a good mood they were allowed to pass anyway, provided they really take their connecting flight to Vienna, which they did. Furthermore they were told that they should NOT return via this route, as this would then be deemed "illegal entry into Switzerland".

On arrival in Vienna they went to the Swiss embassy, trying to obtain a Schengen-visa (how ridiculous is it, having to ask for a Schengen-Visa inside Schegen?), or a Swiss national visa, valid (at least) on the day of intended return.

Contrary to the airport police in Zürich, the Embassy maintained, repeatedly, that a visa for their return is NOT needed.

The story had a happy ending - however this is not likely to be the usual outcome: The airport police in Zürich agreed to talk directly to the Swiss embassy in Vienna, to see if the misunderstanding really happened this way. When the embassy confirmed that, indeed, they gave the incorrect information about NOT needing a visa, the airport police asked for the names of the concerned passengers and agreed to "exceptionally" let them pass on their way from Vienna back to London.


Summary:
When traveling, please know the visa-rules for all countries, even for different Schengen-countries, and even if only transitting. If in doubt, insist on written confirmation from the airline that visas are OK as presented, so you have someone you can hold responsible for mess-ups like this.

Schengen is not always = Schengen!

[acme4242]

yes, It seems the Swiss only exempt the visa for certain national resident permits. and UK is not one.

The EU-Swiss AFMP agreement does not provide for the exemption from the visa requirement of family members of EU citizens.
Details are in the new Handbook instruction which goes along with the new visa code

B. Operational instructions addressed to the consulates of Switzerland

Legal basis

Switzerland does not apply Directive 2004/38/CE but applies the Agreement of 21 June 1999
between the Swiss Confederation and the European Community and its Member States on the
free movement of persons (AFMP).

:

1.1. Differences between Directive 2004/38/EC and the AFMP

The definition of family members under the AFMP and Swiss national legislation is less
restrictive than the one under Article 2(2) (b) of Directive 2004/38/EC. Swiss national
legislation also confers the same rights to persons who do not fall within the above definitions
(see points 2.1 and 2.2 below). The facilities are granted to family members who travel alone
(irrespective of whether the purpose of the trip is to join the EU citizen or not) or accompany
the EU citizen.)

The AFMP does not provide for the exemption from the visa requirement of family members
of EU citizens. They are, however, exempted from the visa requirement, if they hold a valid
travel document and a residence permit listed in the List of residence permit issued by
Members States, Annex 2.

UK is not on the list found >here<
But anyway the big question is, why did the Swiss not issue the visa at the Swiss border.
Free of charge and grant every facility to obtain the visa at the airport.

I. GENERAL PROVISIONS
Article 1
Entry and exit
1. The Contracting Parties shall allow nationals of the other
Contracting Parties and members of their family within the
meaning of Article 3 of this Annex and posted persons within
the meaning of Article 17 of this Annex to enter their territory
simply upon production of a valid identity card or passport.
No entry visa or equivalent requirement may be demanded
save in respect of members of the family and posted workers
within the meaning of Article 17 of this Annex who do not
have the nationality of a Contracting Party. The Contracting
Party concerned shall grant these persons every facility for
obtaining any necessary visas.