Read news from:
Austria
SHARE
COPY LINK
For members

EUROPEAN UNION

Visas to qualifications: How foreign residents in Europe can get help with paperwork problems

Foreign nationals living across Europe regularly have to overcome hurdles with paperwork and red tape whether it's with residency or work permits or having professional qualifications recognised. But there is help at hand that many may not know about.

Published: 14 October 2022 10:24 CEST
Visas to qualifications: How foreign residents in Europe can get help with paperwork problems
There is help for those individuals and companies who have paperwork problems in the EU. Photo by Romain Dancre on Unsplash

What is SOLVIT and what kind of problems can it help you solve?

Although the general principle is ‘freedom of movement’, people going to live to another country of the European Union, Norway, Iceland or Liechtenstein can have all sort of problems setting up.

These can include the transfer of a car bought in another EU country, the swapping of a driving license, the application for a non-EU spouse visa, and the procedure to set up a company. The good news is that help is available.

SOLVIT is a name few people are likely to have heard, despite having been around for 20 years.

It is a free online service to help individuals and businesses resolve problems they experience with administrations in the countries of the European single market, where people, goods, services and capital can move freely.

What sort of problems?

Created by the European Commission in 2002, the network of SOLVIT centres can help with anything related to European single market’s rights.

The single market countries have common rules to avoid technical, legal and bureaucratic barriers to free movement. But sometimes national, regional or local authorities do not apply these rules as intended causing problems to the people who depend on them.

It can be daunting to try and solve these issues across borders, even more so when another language is involved. In these cases, people can resort to SOLVIT centres to seek help.

How does it work?

Complaints can be submitted on the SOLVIT web page, which also provides the contact details of SOLVIT centres in all countries.

The central office (home centre) will check whether the problem falls within the SOLVIT’s remit, prepare the case and send it to the SOLVIT team (the lead centre) in the country where the problem has occurred, who will try to find a solution with the responsible authority.

The objective is to complete the procedure in 10 weeks from when the case is accepted by the lead centre. But according to a report by the European Commission less than 50 per cent of cases now meets that target, partly because of stretched resources in the face of growing demand.

Gerard de Graaf, the head of the EU Office in San Francisco, previously head of the team that created SOLVIT, wrote in the 20th anniversary report: “In 2001, it was clear that citizens and small businesses in particular needed hands-on help to overcome incorrect application of EU rules by national and local authorities.

“We had contact points in each member state but few problems ever got resolved and it was disheartening. We had the idea to set up instead problem-solving centres, connected via an internet-based, multilingual network… I still vividly remember the first cases going through the new system in 2002, and, even more so, the positive feedback we received: “I can finally reunite with my husband and children…”

In 20 years, the network has dealt with close to 29,000 cases. Only in 2021, 5,231 complaints were filed to the SOLVIT service (2,455 accepted) compared with 155 in the first year of operation.

How are countries doing?

The caseload varies between countries. In 2020 France handled the largest number of complaints, with 157 submitted by individuals and companies and 435 received from other Solvit centres. Germany followed with 131 cases lodged by individuals and companies and 214 received from other Solvit centres, Italy with 146 and 270 respectively, and Spain with 133 and 196.

Austria also had a relatively large number of cases, with 32 submitted complaints and 102 received. Sweden had 39 submitted and received 60, Denmark 51 and 22, and Norway 11 and 30.

Some of the common problems, the European Commission reports, were the recognition of professional qualifications, visa and residence rights, driving licences, pension rights and access to healthcare.

In 2020 difficulties included delays in exchanging information related to social security, as well as problems accessing healthcare and claiming unemployment benefits linked to COVID-19. Some of the problems in France were related to the social security reimbursement of medicine sold by parallel traders.

In terms of recognition of professional qualifications, there were difficulties for nurses who acquired part of their training in a non-EU country, for social paedagogical educators in Italy and for speech therapists in France.

Complaints about Sweden were related to the inclusion in the population register and the issuance of a personal identification number, unjustified delays to admit EU workers to the national social security system and to issue residence cards to their non-EU family members. This was reported also in Austria.

Several countries, including Norway, Spain, Sweden, the Netherlands, Bulgaria and Germany, applied unjustified conditions and refused short-term visas for non-EU family members of EU citizens.

If you need to submit a complaint via Solvit in the country where you are then click here for the details of how and where to submit it.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

EUROPEAN UNION

Why does Switzerland have to comply with European court rulings?

Europe's top rights court ruled that Switzerland was not doing enough to tackle climate change, condemning it to a hefty fee. But why does Switzerland have to abide by this decision?

Published: 10 April 2024 14:11 CEST
Why does Switzerland have to comply with European court rulings?

In a landmark ruling handed down on April 9th, the European Court of Human Rights (ECHR) in Strasbourg sided with a group of Swiss pensioners who ‘sued’ the country for not doing enough to mitigate the effects of global warming. 

The ECHR ruled that Switzerland had violated Article 8 of the European Convention on Human Rights, which guarantees the “right to respect for private and family life,” and ordered the government to pay the complainants a fine of €80,000 (78,555 francs). 

READ ALSO: Who are Switzerland’s victorious climate ‘Elders’? 

While environmental groups and a number of political parties welcomed the verdict, questions also arose about why Switzerland, which is not a member of the EU, must comply with the decision handed down by the Council of Europe’s court.

This fact was not lost on the populist, anti-EU Swiss People’s Party (SVP).

One of its MPs, Jean-Luc Addor, questioned not only the court’s judgment, but also the fact that foreign judges have ‘meddled’ in Swiss matters.

“What is the legitimacy of the ECHR to pronounce such a ‘condemnation’?,” he asked.” Is it now going to send the European army to Switzerland?”

So why is Switzerland obligated to conform to the ECHR’s judgment? 

In 1974, the country, though neutral, signed the European Convention on Human Rights.

As the European court was established expressly to monitor the parties’ compliance with the provisions enshrined in the Convention, Switzerland must heed its judgements. (The ECHR hears only matters related to human rights. It does not handle any criminal cases).

To ensure that rulings are just and impartial, the ECHR’s judges come from the 46 countries that ratified the Convention.

Switzerland is represented by Andreas Zünd, who has served on the ECHR since January 2021.

How do Swiss cases end up in front of ECHR judges?

Switzerland has different court levels: district, cantonal, and federal.

Complainants first file their cases in the district court. If they are not happy with the verdict, they can appeal it within 30 days, at which point the case will go to the higher judicial level, that is, the cantonal court.

The next step up the judicial ladder is the Federal Supreme court, the highest judicial authority in Switzerland.

Headquartered in Lausanne, it is the final instance on all appeals against decisions of the cantonal courts.

But though this final judgment can’t be appealed in Switzerland, the case  — if it relates to rights outlined in the Convention — can be taken to the ECHR.

READ ALSO: What you should know about Switzerland’s courts 

What ‘Swiss cases’ have been judged by the European court?

The climate activists’ case is the latest of dozens of rulings involving complaints from Switzerland. 

Some of the other successful ones involved a widower whose pension benefits were denied by a Swiss court; a Romanian woman fined for beginning in Geneva; and a Sudanese man who won his appeal against deportation from Switzerland. 

You can see all the ECHR rulings for Switzerland (in German or French) for the last 45 years here.

SHOW COMMENTS