Informative note on the implementation of Schengen-Dublin

The association agreements of Switzerland to Schengen-Dublin concluded with the European Union entered into force on 1 March 2008. Their actual entry into force is planned for mid-December 2008 (1).

From this date on, Switzerland will apply the Schengen regulations concerning the issuance of visas. The visa will be valid for entering the territory of all Schengen member states. This will also apply to Schengen visas issued by other Schengen States which will permit entry to Switzerland (2).

The Schengen regulations apply to the examination of requests for short-term stay visas whose validity does not exceed three months, including transit visas valid for the Schengen area (3) . The issuance of long term visas for more than three months will remain subject to national procedures. These visas will permit only entry to the territory of the issuing state and transit via another Schengen state. Holders of these visas will subsequently obtain a residence authorization entitling them to travel freely for short stays throughout the Schengen area (4).

In accordance with the Vienna Convention of 18 April 1961 on diplomatic relations, which is applicable by analogy to Permanent Missions and to headquarters agreements, the application of the Schengen agreements and of the directives contained in it will involve changes to the current visa issuance procedures.

For information concerning changes of procedure and methods of issuance of visas, we recommend that you consult the Federal Office for Migration (FOM) website.

 FOM Site: Schengen/Dublin Visa

or the diplomatic representation responsible for the applicant's place of residence.

The present note provides further details concerning in particular persons coming to Switzerland in an official capacity, whatever their type of passport, or coming for private visits if they are holders of diplomatic, service or special passports, especially employees of organisations with which Switzerland has concluded a headquarters agreement, persons invited to take part in meetings held by these organisations or persons expected in an official capacity, members of the staff of diplomatic and consular representations in Switzerland and persons who are expected there in an official capacity, persons expected in the framework of good offices and private visitors who hold diplomatic, service or special passports.

1. Network of Swiss representations abroad entitled to issue visas
The main country of destination is the one that is responsible for issuing a Schengen visa.
Only representations abroad staffed by career consular personnel are authorized to issue Schengen visas. As a result, this responsibility may be transferred, in some cases provisionally, from certain representations to the nearest authorized Swiss representation to the applicant's place of residence. For more detailed information on this subject, we recommend that you contact the Swiss representation responsible for the applicant's place of residence.

2. Short stay visa (for a period of less than three months)

The short stay visas are as follows:
A: airport transit visa
B: transit visa for the Schengen area (overland)
C: short stay visa (maximum of three months for a period of six months)
that may be issued for one or several entries.

The time needed for a visa request to be processed may vary from case to case. It is therefore strongly recommended to take the necessary steps well in advance (but at the earliest three months before the departure date) so that the visa can be issued in the time required.

Interns, consultants, experts, etc. who have a contract with an organisation with which Switzerland has concluded a headquarters agreement or who are mandated by a government to carry out duties within a diplomatic or consular representation for a period of less than three months will also receive a short stay visa valid for the entire Schengen area.

When exceptional or urgent circumstances make it necessary, particularly in connection with Switzerland's international obligations or if Switzerland has issued an official invitation, the representation may, exceptionally, issue visas of limited territorial validity (LTV) in accordance with the Schengen Acquis. These visas permit the holder only to enter and to stay on Swiss territory. They do not permit the holder to visit another state (in the case of Geneva, for example, the neighbouring country of France). Moreover the holder of an LTV visa must enter and depart via Switzerland, without transiting by another member state of the Schengen area.

Documents to be presented
The presentation of complete dossiers facilitates the rapid treatment of the visa application. We recommend that you contact the relevant representation about the documents that you need to provide.

Official journeys
Holders of diplomatic, service or special passports on official missions or taking part in an international conference and delegates mandated by a government (whatever the type of passport) taking part in an international conference must present at least the following documents:

• a travel document whose validity exceeds that of the stay, including the period necessary for the return journey;
•  a visa application form together with two photos; 
•  supporting documents concerning the purpose of the journey: ex. a "note verbale" duly initialled together with an order to perform the mission, an invitation to the conference, confirmation of registration for a training course, a detailed letter of invitation, etc. 
•  any other document that the representation considers necessary.

Switzerland will take the necessary measures so that the issuance of visas to participate in international conferences and meetings organised by organisations with which a headquarters agreement has been concluded or to participate in meetings relating to good offices can be done in conditions as favourable as those that currently apply. However, it is expected that diplomatic and consular organisations and representations in Switzerland and their authorities (MAE) in the sending countries will cooperate so that the measures necessary for the issuance of visas can be carried out taking into account the period of time necessary for the administrative processing of applications. The issuance of visas at the border will continue to be a measure that is applied very restrictively.

Private journeys

Holders of diplomatic, service or special passports wishing to visit Switzerland for medical reasons will submit a confirmation of admission to a hospital or of a visit to a doctor in addition to the usual documents.

For further information on the documents necessary for private visits, the holders of diplomatic, service or special passports are advised to contact the representation responsible.

Persons invited by the holder of a legitimation card of the Federal Department of Foreign Affairs are exempted from the requirement to provide a declaration of payment of medical and other related expenses approved by the communal authorities of the place of residence. Instead, the applicant will have to present :

• a letter of invitation stating that the person issuing the invitation will pay the costs of the stay and the return of the applicant; 
•  copy of both sides of the legitimation card of the person issuing the invitation; 
•  a confirmation by the employer of the person issuing the invitation confirming that they are still in employment.

3. Persons subject to visa requirements
The list of nationalities subject to a visa requirement may be consulted on the FOM site:

 FOM Site : Schengen/Dublin Visa

Persons who up to now have not been subject to the visa requirement
A)
Certain nationalities which are currently exempted by Switzerland will be subjected to the visa requirement as soon as the Schengen-Dublin agreements enter into force. These are:
Dominica, Fiji Islands, Grenada, Guyana, Jamaica, Kiribati, Solomon Islands, St Lucia, Saint Vincent and the Grenadines, South Africa, Surinam, Trinidad and Tobago and Tuvalu. A visa exemption agreement is currently being drafted for holders of South African diplomatic passports.

B)
Holders of residence authorizations issued by the United Kingdom, Ireland, Canada and the United States of America who are not nationals of European Union or of EFTA states and are currently exempted by Switzerland will be subjected to visa requirements when the Schengen-Dublin agreements enter into force.

Persons of the above categories A and B may enter Switzerland without a visa until the date of the operational implementation of Schengen, and after this date they may remain in Switzerland for a maximum period of three months. However, they will have to apply for a Schengen visa if they wish to enter other Schengen states.
Persons in categories A and B wishing to enter Switzerland after mid-December 2008 are advised to apply for a visa in good time, without waiting for confirmation of the actual date of implementation of Schengen-Dublin (but a maximum of three months before the planned date of entry to Switzerland). The visa will be delivered free of charge until the actual date of implementation is confirmed.

4. Long stay national visa for the purpose of taking up office

These are category D visas, which are valid solely for Swiss territory.
As the issuance of this type of visa remains the sole responsibility of the Swiss authorities, the procedures in this area remain the same. For further information on this subject, please contact the Swiss representation responsible for the applicant's place of residence.

Persons requiring to stay in Switzerland for more than three months who may need to enter other Schengen area countries before receiving their Swiss residence permit may request a national visa of equivalent value together with the short stay visa (visa type D + C). This type of visa is subject to the same procedures as short stay visas.

5. Travel insurance requirement

The following persons are exempted from the travel insurance requirement:

• Holders of diplomatic passports on official journeys or in a private capacity; 
• Holders of service or special passports on official journeys; 
• Holders of a UN laissez-passer; 
• Politicians on official or private journeys, who do not hold a diplomatic passport, provided that the existence of sufficient coverage can be shown.

6. Validity of the visa (5)
A short stay visa is issued for the duration of the stay in the Schengen area, but for a maximum of three months in a six-month period. Depending on the case, it remains possible as at the moment to apply for a visa whose period of validity exceeds three months, where it is understood that the stay should not exceed three months in a six-month period.
The current Swiss visa permits entry to Switzerland until the final date of validity of the visa for the duration envisaged in the visa, even if this stay continues after the date of validity of the visa. However, according to Schengen regulations, holders of a visa may no longer enter and stay in Switzerland beyond the date of validity of the said visa, even if the holder of the visa has not yet stayed in the Schengen area for the period authorized by the visa. This means for example that if a person receives a visa valid from 1 to 30 September for a maximum stay of 5 days and if this person enters the Schengen area on 28 September, he or she will have to leave the Schengen area on 30 September.

A Swiss visa that is still valid will remain valid for entry to Switzerland after the operational entry into force of the agreements but it will not be valid for travel within the Schengen area.
However, Schengen visas issued by other member states before the operational implementation of the agreement will be valid for Switzerland from the date of operational implementation onwards.

For further information about the current status of the implementation of the Schengen-Dublin agreements, please consult the FOM site.

 FOM Site : Schengen/Dublin Visa

(1) Switzerland proposed 12 December 2008 as the date of actual implementation of the agreements. The final decision will be taken by the council of the European Union, which should decide on this matter on 27/28 November 2008. 

(2) Swiss visas issued before the actual implementation of the Schengen-Dublin agreements will remain valid but will only permit entry to Swiss territory.

(3) Germany, Belgium, Denmark, Finland, France, Greece, lceland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Spain, Estonia, Latvia, Lithuania, Malta, Poland, the Czech Republic, Slovakia, Slovenia, and Hungary. Visas valid for the Schengen area are also valid for Monaco.

(4) The following residence permits in particular are recognised: legitimation card of the FDFA (all categories), permits B, C, L – and the national category D which states "Vaut comme titre de séjour – valid as residence authorization".

(5) The notion of the validity of the visa, i.e. the date after which the visa is no longer valid, and the notion of the period of residence, i.e. the period in which the holder is permitted to stay in the Schengen area, should not be confused.