We (Belgian / Lebanese) recently moved from Belgium to Switzerland.
As CH is not in the EU I greenly called the embassy in Brussels and asked them what we would have to do. They said we would have to apply for an entry-visa into Switzerland for the Lebanese citizen, and can only subsequently apply for residency.
I knew that 2004/38/EC does not apply, so I didn´t feel like reading through a complete new stack of laws. I just believed them, although my wife held a Belgian 2004/38/EC residence card. This card allows entry into Switzerland (Schengen-rules), albeit only for a visit.
Later one bill was chasing the next (embassy, migration-office in CH, and the local commune), so I decided to read up on it. Needless to say I should have done that from the beginning

In article 3 the treaty "Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons" provides for family-members:
Therefore I now assume that the entry-visa was unnecessary, and trying to recuperate my costs. I sent one and the same query with above details to the embassy and the migration-office.3. When issuing a residence permit to members of the family of a national of a Contracting Party, the Contracting Parties may require only the documents listed below:
(a) the document by virtue of which they entered the territory;
(b) a document issued by the competent authority of the state of origin or provenance proving their relationship;
(c) for dependants, a document issued by the competent authority of the state of origin or provenance certifying that they are dependants of the person referred to in paragraph 1 or that they live in his household in that state.
What I noted: They didn´t explicitly say it´s not needed, but it is somehow implied that it wasn´t needed.migration-office wrote:We received your visa-request through the embassy and approved it. We get so many requests that we can´t check each visa-request as to weather they are actually needed. Therefore it´s your own fault that you applied in the first place.
Somewhat contradictory.embassy wrote:We discussed this matter with the migration-office, and we come to the conclusion that the visa was needed. Therefore this is the end of the story. (no detailed answer as to WHY they would come to this conclusion)
In my opinion the embassy should have told me "you don´t need a visa" and that´s it. As such, is it the embassies fault? Is it worth taking them to court for around EUR 200? Is this so obvious that it could be done without a lawyer?
Thanks for any possible input

PS - sorry for the new thread, should have used >>this<< one. The situation changed slightly since then, as the embassy now replied (after 3 months, and me sending them a reminder last week).