The Immigration (Swiss Free Movement of Persons) (No. 3) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons, signed at Brussels on 21st June 1999 (Cm 4904).

The Agreement confers on Swiss nationals and their family members broadly similar rights of entry into and residence in the United Kingdom as are enjoyed by non-United Kingdom nationals of European Economic Area States (“EEA nationals”). It also confers rights of entry and residence on employees of Swiss nationals or Swiss companies that provide or seek to provide services in the United Kingdom and send their employees to the United Kingdom for that purpose.

The rights of entry and residence of EEA nationals are dealt with in the Immigration (European Economic Area) Regulations 2000. To give effect to the Agreement the 2000 Regulations are applied to those who have rights under the Agreement (regulation 2 of these Regulations), but subject to the modifications set out in the Schedule to these Regulations. The modifications are required to take account of the difference between the situation of EEA nationals and those covered by the Agreement.

The Regulations come into force on 1st June 2002, the date on which the Agreement comes into force.

(The Immigration (Swiss Free Movement of Persons) Regulations 2002 (S.I. 2002/1012) were first made to give effect to the Agreement. Those Regulations, however, contained the wrong commencement date. They were, therefore, revoked by the Immigration (Swiss Free Movement of Persons) (No. 2) Regulations 2002 (S.I. 2002/1013). This explains why the present Regulations are called the Immigration (Swiss Free Movement of Persons) (No. 3) Regulations 2002. The first two sets of Regulations have not been published.)