EU Swiss Agreement - Swiss people will no longer need visas to come to the UK

22 May 2002

The Law

The Agreement between the European Community and its Member States and the Swiss Confedeartion on the Free Movement of Persons, will enter into force on 1 May 2002. In general terms the Agreement confers on Swiss nationals and their family members the same rights as those enjoyed by EEA nationals and their family members

"The Home Office has announced that as from 1st June 2002 Swiss nationals and their family will have a right of residence in the United Kingdom if they are working, self employed, providing or receiving services, studying or self sufficient.

This does not mean that Switzerland is part of the European Economic Area, or that Swiss nationals are EEA nationals.

How Swiss nationals and their family can come to the UK

It does mean that Swiss nationals who are in the UK prior to 1 May 2002 will no longer require leave to enter or remain in the UK, and any conditions attached to their existing leave will cease to have effect. They may apply for a residence permit as confirmation of their right of residence in the UK.

Swiss nationals who intend to come to the UK no longer need visas - but instead can enter the UK as though they are EEA nationals.

Non EEA, non Swiss family members of a Swiss national who is or intends to come to the UK in order to exercise his or her rights under the Swiss Agreement will require a family permit. This is very similar to the family permit that is given to non-EEA family members of an EEA national. In addition, the family members of a Swiss National who is exercising his or her rights in the UK may apply for residence documents as confirmation of their rights of residence in the UK. This is very similar to the residence document that is issued to family members of EEA nationals and will be issued in the same way and in the same circumstances as EEA residence documents.

Posted Workers

The Agreement also provides for "posted workers" to come to the UK. A posted worker is, for the purpose of this Agreement, a non- EEA or Swiss National who is posted in the UK for the for the purpose of providing services on behalf of his employer, who is a Swiss national or a Swiss company that provides or seekds to provide services in the UK. A Swiss company means a company that is formed in accordance with the law of Switzerland. Prior to that posting the worker needs to have been integrated into the labour market of a Swiss or EEA state. The Home Office has decided that to be integrated into the labour market the employee must have been employed by the Swiss employer for at least 12 months.

Posted workers are not allowed to be accompanied by theri family membrs and will only be allowed to live and work for the Swiss employer for a total of 90 days per calendar year.

They must apply for entry clearance before coming to the UK in this capacity.