Unjustly charged for a Visa at the Swiss border, transiting to Greece.

Gingles

I have spoken to a lady at the Swiss Embassy this morning, who advised me that I do not need a transit Visa for Switzerland. I also spoke to a lady at the Swiss visa section in London, who was very rude and told me to contact border control, where I spoke to Miljanovic, who told me that its best if I fly over Germany, where I wont have problems, its best not to transit over Zurich Switzerland.

On 19 September 2012, my legal partner and I landed at Zurich international airport. When we tried to get closer to our departure gate for the connecting flight, we were told that we are not allowed to enter the Swiss border and that the departure gate lies beyond the border. Even though, I tried to explain to the officer on duty that afternoon, that I do not require a Visa, according to the following site:

http://www.bfm.admin.ch/content/dam/data/migration/rechtsgrundlagen/weisungen_und_kreisschreiben/weisungen_visa/bfm-anh01-liste2_bes-bestimmungen-e.pdf ,

he insisted that he does not speak English and that he does not understand me and that I am not allowed to enter Swiss territory, even if only for transit.

Six hours later, after a nerve wrecking wait in that area of the airport, it became time for my connecting flight to Greece, which is a country I do not require a visa for, as they are part of EU Community, as I have a valid EUFam Visa, which grants me freedom to move within the EU.

At this point we approached the desk again, to see what we are supposed to do next. We were met by a second, much kinder officer, who advised that he does not know, but that he will ask a superior. We were lead into a small waiting area, where we held ready all of our documentation.( Please see attached return tickets, passports, etc) And still this extreme nightmare and nervous situation persisted, as the window of opportunity to run and be in time for our connecting flight was narrowing in on us. When the supervisor arrived, he explained that the website and the Embassy whom I contacted for information regarding transiting through Swiss territory en route Athens has unfortunately given me the wrong information and that he will not allow me to pass. After begging and explaining that there has to be a mistake somewhere, and if we made this mistake, by absorbing the wrong information, then, its a plausible mistake. So finally, he agreed to let us pass for CH90, (Ninety Swiss Francs) and he also told us that he'll issue us with a 15 day visa only and that we should include in the 15 days also the 19th of September. Now, as we showed him all our documentation including return tickets - we pointed out to him that we'll arrive on the16th day into Zurich again, to take our connecting flights back to Dublin.

The man wanted to hear non of it. He told us that coming back 1 day over the 15 days Visa that he will give me, will result in a CHF650(Six hundred and fifty Swiss Francs) fine. Well, my heart nearly stopped. So, it was an all lose situation for us, by the sounds of it. Either, we book another ticket to come back 1 day earlier, to be in time for the Visa that this man was about to endorse in our passport and change all our plans. Or we try to enjoy our holiday knowing that a Six hundred and Fifty Francs ( Five hundred Euro) fine awaits us on the way back to Dublin, and for a 1 hour transit through Switzerland. He then escorted my partner to the nearest Bureau de Change in order for us to convert our Euros to CHF to pay for the Visa. See attached receipts, please.

My holidays were ruined and had turned into a nightmare. As soon as he issued us with the Visa, we ran and were the last passengers to board. We had manage to get to the gate in the nick of time and with literally not a second to spare. Once on the aircraft, I looked at the Visa, in disbelieve, when I realized that they had granted me a Visa that says its valid between 19 Sept and 19 October, but the duration of stay indicates 5 days only.

As soon as we landed in Athens, i went to the immigration police office at the airport. Two very kindly officers tried to assist us, but realised that as i do not require a visa for Greece, due to EU Fam Visa status, that there was nothing they could do in this situation for us. However, they advised me to contact the South African Embassy in Athens.

Nightmare, absolute nightmare. How could I enjoy this holiday, that I've spent months on planning and lots of money on, knowing that, whatever information I find to prove that I am doing things right, meant nothing, because someone else in a higher position of power has the right to chop and change the law on the spot, whether it affects me illegally adversely or not.

The following evening on 20 September, we had a ferry to Crete, which we did not know if we would ever be able to make the journey, because now, I would possibly have to remain in Athens for a few more days and in doing so lose our money as our ferry tickets and accommodation in Crete was booked and paid for.

Luckily, after many many phone calls and no sleep, due to the Visa situation, as you can imagine, I finally got hold of a Mr Peter Himmelberger, who advised me that he too does not know why I was charged at the port of entry for a Visa and why I was threatened with CHF650 fine.

We took the chance and continued our journey to Crete, not enjoying any of it, I can assure you. It is truly horrible when people in positions of power, such as your officers at the border, does not know what they are doing, or do things to the detriment of ordinary people out of spite or other reasons that does not belong.

My heart still bleeds for what the horrible holiday I've spent so much money on. When we returned on the morning of 4 October, we were met with hostility at your border again. I was told that I overstayed my Visa no matter how much I tried to explain that there was a mistake. Finally after a while, the officer made a call, when we insisted that she called a superior. The superior probably verified that there was a mistake, because I mentioned Mr Peter Himmelberger at the Embassy in Athens. And note, that this time, not only am i flying into Switzerland from a Schengen State for which I needed no Visa (Greece part of EU), but I had to board the flight again, at the last last possible second and in a frenzy, that the only thing I could do once on the aircraft back to Ireland, was cry.

mdebets

Can you clarify:
When you went from your arrival to your departure gate, did you go landside in between or did you stay airside the whole time?

Gingles

mdebets wrote: »

Can you clarify:
When you went from your arrival to your departure gate, did you go landside in between or did you stay airside the whole time?

Well, we stayed in the transit area for the whole 6 hours, before going to the departure gate for the connecting flight. And I am not entirely sure, but I think this gate is situated after passing some part of the Swiss part of the airport, I mean, not the transit area.

mdebets

If you indeed left the transit area to get from arrival to departure gate, the guys at the airport were correct (at least in general, don't know the exact conditions for Visas you get at the airport). Section 2.1 a) b. states that you have to stay in the transit area to take advantage of the no transit Visa needed clause.

Gingles

mdebets wrote: »

If you indeed left the transit area to get from arrival to departure gate, the guys at the airport were correct (at least in general, don't know the exact conditions for Visas you get at the airport). Section 2.1 a) b. states that you have to stay in the transit area to take advantage of the no transit Visa needed clause.

Thank you, but I am confused, because the link that i got verified by the Embassy and the conversations I had with people working in the Embassy, told me that certain persons are exempt from the Transit Visa requirement. And the fact that i have a valid Visa issued by Ireland + an EU FAM visa, had me convinced that I infact did not need a Visa. So, If I do not need one and the people at the Embassy tells me that even for next time, they'll not be able to give me a visa since I do not fall into the category of persons who requires a transit Visa, what to do? As the guy at the port of entry tells me that he's going to give me a fine of CHF650 (Euro500) if I come again without a visa.

mdebets

It seems a little bit strange, especially as the two embassies say no Visa needed ad all the border control people say a Visa is needed.
The only way for that to make sense is that on the one hand the EUFam Visa is slightly different to a Schengen Visa (can you use the EUFam Visa to travel to any Schengen country without an additional Visa) in regards to Switzerland and won't allow you into the country. In addition to this, the embassy could have misunderstood you and were really just talking about a case were you were not leaving airside and therefore never really entering Switzerland.
For the future, I would just avoid Switzerland or if this is not possible, go to the embassy again and explain in full detailed what happened and if they still agree that the border control was wrong get it in writing of them that you don't need a Visa for Switzerld.

Gingles

mdebets wrote: »

It seems a little bit strange, especially as the two embassies say no Visa needed ad all the border control people say a Visa is needed.
The only way for that to make sense is that on the one hand the EUFam Visa is slightly different to a Schengen Visa (can you use the EUFam Visa to travel to any Schengen country without an additional Visa) in regards to Switzerland and won't allow you into the country. In addition to this, the embassy could have misunderstood you and were really just talking about a case were you were not leaving airside and therefore never really entering Switzerland.
For the future, I would just avoid Switzerland or if this is not possible, go to the embassy again and explain in full detailed what happened and if they still agree that the border control was wrong get it in writing of them that you don't need a Visa for Switzerld.

Yes, I will have to get from the horse's mouth something in writing, I suppose. Because I used the EUFam visa to travel also to Netherlands earlier in March of this year. But that's about my best bet and the best advise regarding this matter is to get the words of the Embassy representative in writing and present it at the border, doubting that this will make any impact, as I had a print out of the link / page that I included in my original post: http://www.bfm.admin.ch/content/dam/data/bfm/rechtsgrundlagen/weisungen/visa/vhb/vhb1-anh02-e.pdf and the border patrol refused to recognise it. So maybe I should just avoid Switzerland altogether. the ticket I booked a month before the Greece holiday, to travel to Athens on 18 November, will have to be waisted, I suppose and I'll just have to bite the bullet and buy another ticket via Germany. Thank you for your time mdebets.

mdebets

If you get it in writing, just make 100% sure that the embassy understands your case correctly (EUFam Visa + maybe going airside while changing gates).
Hope your travel goes well. I will be heading out to Athens probably a week after you, but I normally fly Lufthansa via Frankfurt.

Gingles

mdebets wrote: »

If you get it in writing, just make 100% sure that the embassy understands your case correctly (EUFam Visa + maybe going airside while changing gates).
Hope your travel goes well. I will be heading out to Athens probably a week after you, but I normally fly Lufthansa via Frankfurt.

Will do Mdebets, I'll make 100% sure they understand, ie if i cant get a pocket suitable flight via Germany or even Poland. Thank you and Have a smooth trip to Athens and enjoy!;) And thanks again for he advice and time.