Can BC exercise Treaty Rights in Switzerland?
Posted: Thu Jul 25, 2013 3:52 pm
Can BC exercise Treaty Rights in Switzerland for Surinder Singh route of bringing his parent to the UK?
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Can BC exercise Treaty Rights in Switzerland?
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Posted: Thu Jul 25, 2013 4:58 pm
doesnt fall under the directive, they have a simular agreement in place... but i doubt it would work for Singh...
Posted: Thu Jul 25, 2013 5:22 pm
What about this http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/ ?
If a citizen of the European Economic Area (EEA) or Switzerland is living in the UK in accordance with the Immigration (European Economic Area) Regulations 2006, their family members who are not EEA or Swiss citizens also have the right to live here. Should it work vice verse or is it my wishful thinking?
Also I found this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
2.3.1 Swiss nationals to be treated as EEA nationals
On 1 June 2002 the Agreement between the European Community and its Member States
and the Swiss Confederation on the Free Movement of Persons came into force. Although
the Agreement did not mean that Switzerland became part of the EEA or that Swiss
nationals became EEA nationals, the Immigration (Swiss Free Movement of Persons)
Regulations 2002 which incorporated the Agreement into UK domestic legislation, provided
that the EEA Regulations 2000 applied to Swiss nationals and their family members as if the
Swiss national were an EEA national.
The Swiss Regulations 2002 have now been revoked (save for the paragraphs relating to
posted workers – see paragraph 2.3.2) and Swiss nationals are now considered under the
EEA Regulations, wherein the definition of EEA nationals includes Swiss nationals. Their
family members are considered as if they were family members of EEA nationals.
In practice therefore the instructions in this section will apply to Swiss nationals and their
family members.
And this http://immigration-newsletter.blogspot. ... inder.html
The Key Requirements
Step 1
The British citizen must move to another EU member state. This includes the 28 member states of the EU itself (not including the UK of course!) and the additional EEA members (Norway, Lichtenstein and Iceland) and also Switzerland.
The full list is;
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.
Though I found this which might be warring http://eumovement.wordpress.com/2010/08 ... to-travel/
Important warnings to keep in mind!
These are suggestions that may ease your entry without a visa. They should not be taken as legal advice and come with no guarantee. If you want a kind-of guarantee, get a visa!
If you need to fly to your destination, the airline may turn you away before you ever have a chance to talk with a border guard. They are often instructed to refuse to carry people who do not have the right visa, and do not know about these European legal rules.
ECJ case law applies to traditional EU/EEA member states. They likely do NOT apply to entry into Switzerland (which is part of Schengen but not directly subject to ECJ case law), although the Schengen Practical Handbook for Border Guards does not make an exception for Switzerland
I presume to avoid disappointing at the border the family member needs to apply for a UK visa – or termed an “EEA Family Permit” from UK embassy at Switzerland as it takes around 3 weeks to receive it...
If a citizen of the European Economic Area (EEA) or Switzerland is living in the UK in accordance with the Immigration (European Economic Area) Regulations 2006, their family members who are not EEA or Swiss citizens also have the right to live here. Should it work vice verse or is it my wishful thinking?
Also I found this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
2.3.1 Swiss nationals to be treated as EEA nationals
On 1 June 2002 the Agreement between the European Community and its Member States
and the Swiss Confederation on the Free Movement of Persons came into force. Although
the Agreement did not mean that Switzerland became part of the EEA or that Swiss
nationals became EEA nationals, the Immigration (Swiss Free Movement of Persons)
Regulations 2002 which incorporated the Agreement into UK domestic legislation, provided
that the EEA Regulations 2000 applied to Swiss nationals and their family members as if the
Swiss national were an EEA national.
The Swiss Regulations 2002 have now been revoked (save for the paragraphs relating to
posted workers – see paragraph 2.3.2) and Swiss nationals are now considered under the
EEA Regulations, wherein the definition of EEA nationals includes Swiss nationals. Their
family members are considered as if they were family members of EEA nationals.
In practice therefore the instructions in this section will apply to Swiss nationals and their
family members.
And this http://immigration-newsletter.blogspot. ... inder.html
The Key Requirements
Step 1
The British citizen must move to another EU member state. This includes the 28 member states of the EU itself (not including the UK of course!) and the additional EEA members (Norway, Lichtenstein and Iceland) and also Switzerland.
The full list is;
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.
Though I found this which might be warring http://eumovement.wordpress.com/2010/08 ... to-travel/
Important warnings to keep in mind!
These are suggestions that may ease your entry without a visa. They should not be taken as legal advice and come with no guarantee. If you want a kind-of guarantee, get a visa!
If you need to fly to your destination, the airline may turn you away before you ever have a chance to talk with a border guard. They are often instructed to refuse to carry people who do not have the right visa, and do not know about these European legal rules.
ECJ case law applies to traditional EU/EEA member states. They likely do NOT apply to entry into Switzerland (which is part of Schengen but not directly subject to ECJ case law), although the Schengen Practical Handbook for Border Guards does not make an exception for Switzerland
I presume to avoid disappointing at the border the family member needs to apply for a UK visa – or termed an “EEA Family Permit” from UK embassy at Switzerland as it takes around 3 weeks to receive it...
Re: Can BC exercise Treaty Rights in Switzerland?
Posted: Thu Jul 25, 2013 9:43 pm
From your subsequent post, it would appear that you've found the answer, presumably after you'd asked it.4uvak000 wrote:Can BC exercise Treaty Rights in Switzerland for Surinder Singh route of bringing his parent to the UK?
Posted: Thu Jul 25, 2013 9:48 pm
The directive 2004/38/ec does not apply in Switzerland, rather a separate bilateral agreement between the EU and Switzerland. This can mean anomalies at times.
The directive 2004/38/ec does apply in EEA states.
In the case of the UK and in particular in the regulations transposing 2004/38/ec, the UK defined EEA states as being EU plus the actual EEA states plus Switzerland.
For Singh, the UK regulations treat of an EEA state and by that regulations definition includes Switzerland.
See link to consolidated regulations in this thread.
http://www.immigrationboards.com/viewto ... c&start=20
The directive 2004/38/ec does apply in EEA states.
In the case of the UK and in particular in the regulations transposing 2004/38/ec, the UK defined EEA states as being EU plus the actual EEA states plus Switzerland.
For Singh, the UK regulations treat of an EEA state and by that regulations definition includes Switzerland.
See link to consolidated regulations in this thread.
http://www.immigrationboards.com/viewto ... c&start=20
Posted: Fri Jul 26, 2013 8:59 am
Thanks, EUsmileWEallsmile. So I assume that it will work for Switzerland. Correct me if I am wrong in what should happen next. UK citizen should go and exercise treaty rights in Swetzerland for 3 months or more, living together with his non-EEA family member (who can join having a schengen visa); after this non-EEA family member should apply in UK embassy in Switzerland for Family Permit using Surinder Singh rule (it should take around 3 weeks to decide the application); both UK citizen and non-EEA family member will come to the UK; non-EEA family member will apply with EEA2 using Surinder Singh rule; after 5 years non-EEA member can apply for PR with EEA4 using Surinder Singh rule.
Posted: Fri Jul 26, 2013 1:11 pm
I didn't notice that fact..EUsmileWEallsmile wrote:In the case of the UK and in particular in the regulations transposing 2004/38/ec, the UK defined EEA states as being EU plus the actual EEA states plus Switzerland.
Good Info!:)Posted: Fri Jul 26, 2013 6:31 pm
It appears that you understand the Singh route. The only complication might be that Switzerland recently re-introduced working restrictions on EU nationals. It may not be an issue for you.4uvak000 wrote:Thanks, EUsmileWEallsmile. So I assume that it will work for Switzerland. Correct me if I am wrong in what should happen next. UK citizen should go and exercise treaty rights in Swetzerland for 3 months or more, living together with his non-EEA family member (who can join having a schengen visa); after this non-EEA family member should apply in UK embassy in Switzerland for Family Permit using Surinder Singh rule (it should take around 3 weeks to decide the application); both UK citizen and non-EEA family member will come to the UK; non-EEA family member will apply with EEA2 using Surinder Singh rule; after 5 years non-EEA member can apply for PR with EEA4 using Surinder Singh rule.
Why Switzerland?
Posted: Fri Jul 26, 2013 8:14 pm
It is not me, but my friend, who is a high qualified person. My friend got some proposals all over the world to work, one of proposals is in Europe (Switzerland) and they agree to employ my friend who can speak English and native non-EEA language only (though for the rest of the Europe it would be a language barrier anyway, except Ireland). Oh, yes, I completely forgot about the fact that they will curb the immigration... Thanks for reminding, EUsmileWEallsmile. Will see...