Max allowed length of stay in switzerland for a EU dependent

[mr_pankaj]

Dear All,

My wife applied for a Schengen visa to join me in Switzerland, on the basis of dependant of EU national. She has got a multiple entry visa for a year.

q1) I would like to know what is the maximum number of days she can stay in Switzerland before she has to return back to UK (She has a UK PR/ILR).

q2) Can she re-enter Switzerland again using the same schengen visa, after returning back to UK?

thank you

[86ti]

q1) I would like to know what is the maximum number of days she can stay in Switzerland before she has to return back to UK (She has a UK PR/ILR).

q2) Can she re-enter Switzerland again using the same schengen visa, after returning back to UK?

a1) 90 days per half year.
a2) Yes, that's why it is called a multiple entry visa.

[mr_pankaj]

HI,

Thanks for your reply.

So, am I right assuming that she can live in Switzerland for 90-days at a stretch, go out for 1 day to say France or Germany and then re-enter Switzerland for another 90-days period. Correct?

thanks

[86ti]

So, am I right assuming that she can live in Switzerland for 90-days at a stretch, go out for 1 day to say France or Germany and then re-enter Switzerland for another 90-days period. Correct?

No. As I said it is 90 days per half year. Also this rule applies to the whole Schengen area, that is your wife would have to leave for more than 90 days after having stayed for the full 90 days period to a country outside Schengen. If she wishes to stay longer than that she will need a residence permit.

[Directive/2004/38/EC]

No. As I said it is 90 days per half year. Also this rule applies to the whole Schengen area, that is your wife would have to leave for more than 90 days after having stayed for the full 90 days period to a country outside Schengen. If she wishes to stay longer than that she will need a residence permit.

Sorry, but I disagree.

This is a family member of an EU citizen. The visa is used for entry into the country only. They can stay for up to 90 days per visit with no further formalities, as is outlined in Directive 2004/38/EC. If they leave the member state (not even Schengen), the 90 day clock is reset.

Various normal Schengen rules are not applicable to family members of EU citizens -only those which are compatible with the Directive apply. Remember that the right of free movement for EU citizens and their families comes from the EU treaties.

Another mirror example: The EU citizen can look for a job for up to 6 months. It is not required that non-Eu family members leave after just 90 days (before their Eu spouse has found a job), even though at that point they are not yet able to apply for a Residence Card.

That being said…. It may make sense for the family member to apply for a Residence Card in any case. It is the end of visa hell for as long as Eu citizen is working there. The family member can more easily work in Switzerland if desired. It is important though to keep in mind Uk residence requirements to preserve the family member’s ILR status.

[86ti]

No. As I said it is 90 days per half year. Also this rule applies to the whole Schengen area, that is your wife would have to leave for more than 90 days after having stayed for the full 90 days period to a country outside Schengen. If she wishes to stay longer than that she will need a residence permit.

Sorry, but I disagree.

This is a family member of an EU citizen. The visa is used for entry into the country only. They can stay for up to 90 days per visit with no further formalities, as is outlined in Directive 2004/38/EC.

Switzerland is not in the EEA and the Directive doesn't apply to them.

[Directive/2004/38/EC]

Well, yes and no. They have agreed to apply apply it even though they are not required to.

See correction below

[86ti]

Well, yes and no. They have agreed to apply apply it even though they are not required to.

In the thread I linked to people have been told that they do not.

[mr_pankaj]

Thanks guys.

Wanted to know all that as my wife is currently waiting for UK naturalisation approval to come through.
Hope its not an issue that she leaves UK to join me here in Switzerland as anyway she cannot do much but just wait for the approval.

[Directive/2004/38/EC]

When did she apply for naturalization?

Does she work now, or want to work while visiting you in Switzerland?

[flyboy]

Well, yes and no. They have agreed to apply apply it even though they are not required to.

They haven't agreed to apply it. They are only implementing the agreement on free movement of persons between the EU and CH that came into effect on the 1 June 2002, which provides fewer and limited rights than those which is in Directive 2004/38.

[Directive/2004/38/EC]

Well, yes and no. They have agreed to apply apply it even though they are not required to.

I made a mistake and should have been more clear.

Switzerland does not have a constitutional requirement to implement all of the free movement provisions of the EU treaties or of Directive 2004/38/EC. Switzerland is not part of the EU and so the EU treaties do not apply. Instead what is required comes from bilateral agreements between the EU, some member states, and Switzerland.

They have implemented many of the provisions of Directive 2004/38/EC. I think most EU citizens and their families will find it as easy or easier to move to Switzerland than to another member state. But the protection of ECJ decisions will not apply in Switzerland.

My comments do apply for 100% EU member states, like the UK and Italy and Slovenia. Not sure about Norway or Iceland.

[mr_pankaj]

HI Directive,

She applied for naturalisartion (through NCS) on 2nd Feb. (on the basis, married to a EU citizen for over 3 years) but unfortunately H.O. had issues taking the fee from her credit card and she was asked to refill the fee form. Fee went out from her Debit card on 6th March and now she is just waiting for the approval to come through.

So the idea is she can join me in Switzerland for approx. 3-months by the time her naturalisation approval come through then she can go back and apply for passport after the naturalisation ceremony.

Do you forsee any issues here ?

thanks

[Directive/2004/38/EC]

Her naturalization application depends now only on events in the past. Her travel history after she submits does not matter. Unless… they have a problem and return the application for some reason (like they did for the credit card). One would hope that they have already looked at it and have no major problems, but who knows.

For how long are you planning to work in Switzerland?

[mr_pankaj]

Hiya,

Her case should be straight forward (well atleast from our perspective atleast!) as she has held ILR for about 4-years and is married to EU citizen and never been outside UK for more than 90-days in a year for last 3-years and 270-days in last 3-years and was in the country on the day she submitted her application. But you are right, you never know about these things until you have them in your hand.

I only moved recently, so "hoping" to be here for couple of years. Again thats not completely in my hand

Cheers

[mr_pankaj]

Hiya,

Her case should be straight forward (well atleast from our perspective!) as she has held ILR for about 4-years and is married to EU citizen and never been outside UK for more than 90-days in a year for last 3-years and 270-days in last 3-years and was in the country on the day she submitted her application. But you are right, you never know about these things until you have them in your hand.

I only moved recently, so "hoping" to be here for couple of years. Again thats not completely in my hand

Cheers

[ca.funke]

...I think most EU citizens and their families will find it as easy or easier to move to Switzerland than to another member state...

"Easier" is indeed the case.

They check the papers (Passports, family-link such as marriage certificate), and that's it.

You get the residence-permit in the post after 1 week.

You have to visit the office once, no waiting, it takes 5 minutes.

Compare that to our experiences in Dublin... I'd better not elaborate...

[Directive/2004/38/EC]

...I think most EU citizens and their families will find it as easy or easier to move to Switzerland than to another member state...

"Easier" is indeed the case.

They check the papers (Passports, family-link such as marriage certificate), and that's it.

You get the residence-permit in the post after 1 week.

You have to visit the office once, no waiting, it takes 5 minutes.

Compare that to our experiences in Dublin... I'd better not elaborate... ;)

That is exactly how it is supposed to be in all member states.

I assume they were also interested in evidence you were working...

[ca.funke]

That is exactly how it is supposed to be in all member states.

I assume they were also interested in evidence you were working...

In short: Yes.

In Detail: As 2004/38/EC does not apply, but there is a seperate bilateral agreemenet between the EU and CH, the non-EU part of the relation has to apply in the CH-embassy of the country where (s)he is currently resident. (Unlike inside the EU you can't just go and stay).

So I (EU) went to my new place of residence in CH and registered myself in order to get the WorkPermit ASAP. (It's a formality but has to be done) I showed my PP, work-contract and rental agreement for a flat, it literally took 2 minutes.

My wife was with me, so they asked. We told them "she's not EU, we know we have to apply in the embassy, so she's here as a tourist now". No further questions.

I got my WP in the post after a week.

With the WP, both our passports, the marriage certificate and the work-contract we went to the CH-embassy. They took everything, copied it, kept nothing.

My wife's papers were posted after a week (to an address in the previous country). With all of that we re-appeared at the local registry-office in CH. They took everything, it took 5 minutes, "welcome to Switzerland", and that was it.

As a summary: It took CH less minutes than it took months in Ireland to get us properly documented.

So far I'm seriously impressed by this place...

PS - I was lucky because we lived in Belgium before, so it was more than easy to go to the CH embassy in Bruxelles. I guess there is a way to avoid this extra trip, but I don't know how.