New Immigration Procedures In Relation To Swiss Nationals

On 8 May, 2002 the Minister for Foreign Affairs signed a commencement order bringing the European Communities and Swiss Confederation Act, 2001 into force with effect from 1 June, 2002. The purpose of the Act is to give the force of law in Ireland to seven sectoral Agreements between the European Union and its Member States and Switzerland. One of those Agreements deals with the free movement of persons. The effect of these changes is that from 1 June, 2002 Swiss nationals have the same rights as EEA nationals (EU nationals and nationals of Iceland, Liechenstein and Norway) with regard to entry into and residence in the State.

By virtue of section 3 of the afore-mentioned Act, the provisions of :

(a) the European Communities (Aliens) Regulations, 1977 (S.I. No 393 of 1977), and

(b) the European Communities (Rights of Residence for Non Economically Active Persons) Regulations, 1997 (S.I. No 57 of 1997)

apply to Swiss Nationals and their dependants on the same basis as they apply to EEA nationals and their dependants.

EFFECT OF CHANGES

The effect of the foregoing is that, a Swiss national

(i) is entitled to enter the State, on the same basis as an EEA national, on production for inspection by an immigration officer of a passport or national identity card,

(ii) can engage in employment without a work permit,

(iii) does not require the permission of the Minister for Justice, Equality and Law Reform in order to establish a business in the State,

(iv) is not required to register with the Garda Siochana,

(v) can apply to the Department of Justice, Equality and Law Reform for a Residence Permit as evidence of his or her entitlement to remain in the State.

Consequently, all references in Department of Justice, Equality and Law Reform Immigration Information leaflets to EEA nationals and their dependants should be construed as including references to Swiss nationals and their dependants.

19 June, 2002