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The Law
The Agreement between the European Community and its Member States and theSwiss Confedeartion on the Free Movement of Persons, will enter into force on 1May 2002. In general terms the Agreement confers on Swiss nationals and theirfamily members the same rights as those enjoyed by EEA nationals and theirfamily members
"The Home Office has announced that as from 1st June 2002 Swissnationals and their family will have a right of residence in the United Kingdomif they are working, self employed, providing or receiving services, studying orself sufficient.
This does not mean that Switzerland is part of the European Economic Area, orthat 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 willno longer require leave to enter or remain in the UK, and any conditionsattached to their existing leave will cease to have effect. They may apply for aresidence permit as confirmation of their right of residence in the UK.
Swiss nationals who intend to come to the UK no longer need visas - butinstead can enter the UK as though they are EEA nationals.
Non EEA, non Swiss family members of a Swiss national who is or intends tocome to the UK in order to exercise his or her rights under the Swiss Agreementwill require a family permit. This is very similar to the family permit that isgiven to non-EEA family members of an EEA national. In addition, the familymembers of a Swiss National who is exercising his or her rights in the UK mayapply for residence documents as confirmation of their rights of residence inthe UK. This is very similar to the residence document that is issued to familymembers of EEA nationals and will be issued in the same way and in the samecircumstances 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 SwissNational who is posted in the UK for the for the purpose of providing serviceson behalf of his employer, who is a Swiss national or a Swiss company thatprovides or seekds to provide services in the UK. A Swiss company means acompany that is formed in accordance with the law of Switzerland. Prior to thatposting the worker needs to have been integrated into the labour market of aSwiss or EEA state. The Home Office has decided that to be integrated into thelabour market the employee must have been employed by the Swiss employer for atleast 12 months.
Posted workers are not allowed to be accompanied by theri family membrs andwill only be allowed to live and work for the Swiss employer for a total of 90days per calendar year.
They must apply for entry clearance before coming to the UK in this capacity.
