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EUROPEAN UNION

Free movement vote could result in ‘Swiss Brexit’

Switzerland may not be in the European Union but it could nevertheless face its own ‘Brexit’ if the Swiss people were to vote against the free movement of people.

Free movement vote could result in ‘Swiss Brexit’
Could the sun be setting on Swiss-EU bilaterals? Photo: Fabrice Coffrini
That’s the conclusion of commentators following the launch of the SVP’s new popular initiative, which wants to ask the Swiss public to decide, once and for all, if they wish to maintain the country’s current relationship with the EU or go their own way. 
 
The initiative ‘For limited immigration' proposes that Switzerland manage its immigration policy unilaterally. If accepted at referendum, the Swiss government would have one year to put an end to the country's free movement agreement with the EU, which currently allows EU citizens to work and live freely in Switzerland, and vice versa. 
 
Doing so would undoubtedly throw Swiss-EU relations into disarray, since the free movement agreement is part of a package of seven bilaterals signed in 1999 covering agriculture, research, civil aviation, transport and trade. 
 
Under the so-called guillotine clause, ending one of these seven bilaterals would put an end to them all. And the EU is unlikely to shift from this position, since it has always maintained – as it is currently impressing upon Britain – that a country cannot have access to the single market without accepting free movement.
 
To date, the Swiss public has seemed reluctant to choose one path over the other. In a 2014 referendum the public voted in favour of Switzerland taking back control of immigration, yet surveys showed that most Swiss nevertheless wanted to safeguard the country’s bilateral arrangements with the EU. 
 
And since Switzerland signed the free movement agreement in 1999 the public has several times voted in favour of the bilateral path.
 
 
But the Swiss people would be finally forced to choose should this new popular initiative go to referendum. One thing both supporters and opponents of the initiative seem to agree on is that it would certainly clarify the situation. 
 
“The potential benefit of this text is that it wants to actually end the bilateral agreements and therefore do a sort of Swiss Brexit and leave the European market,” Socialist MP Roger Nordmann told broadcaster RTS
 
Voting on the subject “will have a clarifying effect, because I don’t believe the Swiss population will want to find itself in the same situation as England is in now,” he said.
 
The initiative will “push every political body to justify what they think we should do,” agreed PLR MP Beat Walti, who said opponents of the initiative must impress upon voters that it’s not just about free movement but a whole raft of bilaterals.
 
Supporters of the proposal say accepting free movement was “a fundamental error” that hasn’t brought the economic benefits that others claim, reported Le Matin following a press conference to launch the initiative.
 
Immigration from the EU has led to a population explosion and lowered quality of life, said Lukas Reimann, president of Action for an independent Switzerland (AUNS) which has co-authored the initiative along with the Swiss People’s Party (SVP).
 
It is not acceptable that 500 million EU citizens have the right to set up home in a small country like Switzerland, added SVP president Albert Rösti.
 
Campaigners have 18 months to gather 100,000 signatures to push the popular initiative to a referendum.
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WORK PERMITS

What happens to Brits in Switzerland when their work permits expire?

Ever since the UK ‘Brexited’ from the EU, its citizens have faced various restrictions in Switzerland (as elsewhere in Europe). But what happens to those already living here?

What happens to Brits in Switzerland when their work permits expire?

Since January 1st, 2021, Brits fall under the category of “third-country” nationals, a term used to describe people who are not citizens of either the EU or EFTA (Norway, Iceland, and Liechtenstein).

This means that they have lost their pre-Brexit right to an almost limitless access to Swiss jobs and residency granted to EU / EFTA nationals.

So what hurdles can UK nationals already in the country expect when time comes to renew their permits?

Much depends on when they arrived in Switzerland.

If they moved here before January 1st, 2021, they are in luck.

That’s because according to the State Secretariat for Migration (SEM), they benefit from “acquired rights” – the ones they obtained pre-Brexit.

In other words, if you are a longtime resident, and have either a residence permit B or – even better – C, then you are in the clear.

For all intents and purposes, these Switzerland-based Brits are still free to enjoy the same perks as their EU / EFTA counterparts, including being able to work in Switzerland for the duration of the validity of their permit, as well as freedom to change jobs and move from one canton to another. 

Also, in case of a job loss, a pre-Brexit UK citizen doesn’t have to leave Switzerland immediately.

Instead, they may stay in the country for at least six months to seek new employment. 

However, they will have to apply for a permit as a job-seeker with the cantonal migration authorities while looking for a new position. 

Another perk is that if you are living in Switzerland as an EU / EFTA citizen, you can purchase property – indeed, you have the same rights in this regard as Swiss citizens do.

What happens to Brits who came to Switzerland after their country left the EU?

They are now considered to be third-country nationals, and must comply with all the restrictions imposed by this status.

They will likely “feel” these limits when time comes to renew their permit.

If their permits are “tied” to their jobs – as is often the case with non-EU nationals – and their employer no longer needs them, then in all probability they will have to leave the country.

One exception would be if the person in question has some specialised skills that Switzerland’s labour market badly needs but can’t find in a Swiss or EU / EFTA candidate.

In such a case, the permit might be extended, provided that there is a sufficient number of third-county permit quotas left at a given time.

Out of the total of 12,000 permits set aside each year for citizens of third countries, Brits benefit from 3,500: 2,100 B and 1,400 L permits are set aside just for them.

READ ALSO: How UK citizens can obtain a Swiss work permit set aside for Brits 

And there is another exemption as well…

If you arrived in Switzerland post-Brexit but are a dual citizen of the UK and an EU / EFTA country, then the latter passport will take precedence for the purpose of employment.

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