Post Brexit relations between Switzerland and UK

von René Rey (Kommentare: 0)

written by lic. iur. Michael Schermbach

 

The following areas are covered by the agreement:

  • Stays with gainful employment (employees and self-employed persons)
  • Stays without gainful employment
  • Right to family reunification
  • Gainful employment in Switzerland as a cross border commuter (G-permit)
  • Continuation of already commenced personal service provisions (up to 90 days per calendar year) by companies and self-employed persons based in Switzerland or the United Kingdom in the respective other territory

The agreement enters into force on 30th March 2019 (“no-deal”-scenario) or most probably on 1st January 2021 (“deal-scenario”).

We picked out the three probably most interesting constellations to show, what this agreement concretely will mean for UK nationals in Switzerland:

  1. Gainful employment in Switzerland: If a UK national has registered in Switzerland before 29th March 2019/31st December 2020, his/her rights, formerly acquired by the FMOPA, will be protected by the agreement.
    If a UK national has not registered in Switzerland with a valid Swiss work contract until 29th March 2019/31st December 2020, she/he will be treated like an Non-EU/EFTA-citizen after this date. This means, that an application for a work permit has to be filed with the labour market authorities and recruitment efforts and maybe a job posting have to be proved upon application.

  2. Cross border commuter (G-permit): If a UK national holds a G-permit in Switzerland before 29th March 2019/31st December 2020, his/her rights, formerly acquired by the FMOPA, will be protected by the agreement.
    If a UK national doesn’t have exercised his/her right to work as a cross border commuter in Switzerland before 29th March 2019/31st December 2020, he/she will only have the right to work as a cross border commuter, if:
    • he/she has a permanent right of residence in a neighbouring state,
    • he/she has had their place of residence for a minimum of six months in the neighbouring border zone, and
    • he/she works within the Swiss border zone.

  3. Family reunification: If the family members of a UK national reside lawfully with him/her in Switzerland at 29th March 2019/31st December 2020, he/she will be covered by the rights set out in the agreement. UK nationals in scope of the agreement can be joined by close family members (spouses, civil and unmarried partners, dependent children) who live in a different country at any point in the future, if the relationship existed on 29th March 2019/31st December 2020 and still exists when the person wishes to come to Switzerland. UK nationals in scope of the agreement can also be joined by new spouses and partners under current rules for five years after 29th March 2019/31st December 2020. Any child born to (or who otherwise becomes a child of) an individual in scope is also protected by the agreement.

If none of these conditions apply, a family reunification is only possible under the rules of the Swiss Federal Act on Foreigners and Integration.

The Swiss government and the UK are in negotiation for a further bilateral contract on free movement but there is nothing clear about it and probably will not be decided that fast.

 

lic. iur. Michael Schermbach
Attorney at Law, Sgier + Partner GmbH

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