This is the first blog I have written since I launched my new business, Swiss Permit Solutions, earlier this year. I’ve been working in immigration for over 10 years now, so actually there are a plethora of topics that I could write about, (and certainly will do at a later time!) but I wanted my first blog to address a current issue that is close to my heart, highly discussed in the Swiss immigration scene, and of huge importance to clients. And that issue is without any doubt the effect of Brexit on Swiss immigration requirements.
Although I am a US citizen, both my husband and daughter are dual Swiss and British citizens. We have British friends and family spread across the globe. We have a pot of marmite permanently on our dining table. Needless to say, the effects of Brexit have been felt by us and by those dear to us, and it has been an ongoing topic of discussion in our home.
I have nearly lost count of the number of phone calls and emails I’ve exchanged this year with British nationals or Swiss companies hoping to hire British nationals. I have thus come to observe that navigating the regulations applicable to British nationals has become a huge pain-point for clients and I hope to provide some useful information here that will save some stress and allow for improved strategising and planning. Therefore, I’d like to highlight to you the top 3 things that you absolutely need to know about the impact of Brexit on Swiss immigration requirements.
1. The Swiss immigration requirements that are applicable to Non EU nationals are now applicable to British nationals.
There is no distinction now between what is required for a British national to obtain a work and residence permit in Switzerland and what is required for any other person of Non EU citizenship to do the same. Whether you hold a passport from the United Kingdom, Canada, Senegal, Chile, Japan, or Barbados, the requirements are the same.
From a procedural point of view, there are some small distinctions in how cases are processed for British nationals. For example, there are separate annual quotas (set apart from the general pool of quotas for other Non EU nationals) that are allocated for British nationals to obtain permits. For 2021, there are 2,100 B permit quotas and 1,400 L permit quotas. These quotas are released on a quarterly basis and are handled by the cantons.
It is also the case that cantons handle the applications entirely on their own without having to send the file to Bern for a federal pre-approval, (which is the case for other Non EU nationals). But these two differences do not change the legal requirements themselves. If you are interested in learning more about the general requirements for Non EU nationals to obtain a work and residence permit, have a look at this helpful website.
There are also some special rules for British nationals who will be sent to work on assignment in Switzerland, (i.e. whilst remaining employed by a UK-based company). If you are interested in learning more about that, here is a really helpful webpage that goes into more detail.
2. If you are British and wish to set up your own company in Switzerland and work for that company in Switzerland, make sure you understand the work permit requirements before founding the company.
It comes as a big surprise to many, but founding a company in Switzerland does not confer any automatic right to reside and work in Switzerland. For Non EU nationals, the requirements for obtaining a work permit based upon the founding of a new company are not different or in their own special category. In principle, all the usual very high-bar requirements will apply, (minimum salary, proof of economic benefit, proof that it is a highly-skilled worker, etc). If you are curious about the details on what is required, refer to the first website I link to in the above section.
Why do I mention this in a Brexit blog? Because it is a context in which British entrepreneurs are especially hard-hit by the changed Swiss immigration landscape. When the United Kingdom was still part of the EU, British nationals could much more easily obtain work and residence permits based upon founding their own companies. Now, there has really been a huge shift in the legal requirements that makes it not impossible to do so, but very difficult.
3. The nuances of having acquired rights
Switzerland and the United Kingdom signed an agreement on 25 February 2019 regarding the acquired rights of their citizens. This agreement means that Swiss and British nationals can keep the rights they acquired up to 31 December 2020 based on the Agreement on the Free Movement of Persons (AFMP). British citizens coming to live and work in Switzerland after 31 December 2020 are not covered by this agreement.
In a nutshell, this means that British citizens who were already living in Switzerland with valid permits before 1 January 2021 don’t need to take any action. They will continue to enjoy their acquired rights in Switzerland, but must take care to ensure their permits are always renewed on time and are not for any reason invalidated.
If for example a British citizen took up residence in Switzerland before 1 January 2021 and received a B permit, then if this person subsequently leaves Switzerland and moves back to the United Kingdom, then the acquired rights cease to exist. If the person thereafter wishes to return to Switzerland to live or work and obtain a new permit, then the new post-Brexit requirements will apply.
I really hope this information is useful for you. If you’d ever like to get in touch to discuss your particular situation, please feel free to reach out to me via the consultation booking form at the bottom of this page.
Founder and CEO – Swiss Permit Solutions
She is an American attorney based in Luzern, Switzerland and brings clients over 8 years of experience in advising on Swiss immigration matters and offers concise, clear, and strategic guidance on nearly any question involving Swiss work and residence permits.
