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Brexit Q&A: Embassy answers questions from anxious Brits in Switzerland

Brits in Switzerland anxious about Brexit have been posing their urgent questions to the British Embassy. Here's what officials had to say.

Published: 30 September 2019 13:20 CEST
Brexit Q&A: Embassy answers questions from anxious Brits in Switzerland
Photo: Stefan WERMUTH / AFP

While the full list of questions and answers is provided here, The Local have outlined some of the most pertinent with the greatest degree of relevance to our readers. 

Read: Embassy responds to queries from Brits in France

The questions cover topics as diverse as pet passports, pensions and purchasing property.

As reiterated frequently by the embassy’s representatives, the following information is to be used as a guide only and does not constitute legal advice. 

Will reciprocal health care for UK retirees in Switzerland – exclusively on UK pensions only- via Form S1, continue as previously?

Reciprocal healthcare arrangements are protected under the UK-Swiss citizens’ rights agreement reached in December 2018. This means nothing will change for you and your S1 form will continue to be accepted as before.

Our dog has a EU passport – should we change it for a Swiss one to go back and forth to UK?

Your dog’s EU pet passport will remain valid for travel into the UK. However, UK-issued pet passports would no longer be valid for entry into Switzerland and alternative documentation (i.e. an EU health certificate, which can be acquired from your local OV) would need to be used. Alternatively, if you have a pet passport issued by Switzerland, you can use it to bring your pet to the UK and back into Switzerland.

Correct me if I’m wrong but currently if somebody leaves Switzerland to live in another EU country they must take half of their pension as a lump sum and the other half stays in a trust fund. However if you leave to a none EU country one is entitled to take the entire pension out as a lump sum.

Our understanding of the Swiss pension regulations is that when moving to a country outside of the EU/EFTA, which the UK will become after Brexit, all funds in the company pension scheme (2 pillar) can be withdrawn. This is a decision you need to evaluate carefully. You should seek professional advice to clarify this.

Read: Brits in Europe urged to register to vote ahead of likely Brexit election

Does this mean that those of us living in Switzerland (Vaud in my case) can travel to France after Brexit with no added hindrances or restrictions?

Yes. As with the current rules, we advise that you should carry a valid travel document (i.e. your passport) with you when crossing the border.

We are often asked about travelling across the border as a resident in Switzerland. As you are already in the Schengen area, you are free to continue commuting into Switzerland, travel and shop through the neighbouring country.

As a rule, there are no border checks on individuals at internal borders of the Schengen zone. As with current rules, you should carry a valid travel document (passport) when crossing the border.

The UK's decision to leave the EU has caused stress for Brits in Switzerland. Photo: John MACDOUGALL / AFP

Will existing students from the UK have to pay for health insurance? And will we still be considered EU/Swiss for employment after completing studies?

Existing students from the UK in Switzerland are covered by our Citizens’ Rights Agreement. If you currently benefit from EHIC health cover this will be protected for the duration of your course.

Your permit is also protected by the Citizens’ Rights Agreement. The agreement allows UK nationals to switch status, e.g. between the categories of student, worker, self-employed person, economically inactive person and family member. So your right to switch to a work permit after your course is also protected.

Read: UK issues healthcare warning to British travellers to Switzerland

Purchasing property

We have previously been asked about the impact of Brexit on the ability to purchase property in Switzerland. The ability to acquire permanent residence (a C Permit) is part of Swiss domestic law and hence regulations surrounding what C permit holders can/cannot do lies within Swiss legislation. 

In Switzerland, the legislation with respect to which foreigners can buy property is primarily the Lex Koller legislation; at present, there are broadly no restrictions on C permit holders purchasing a primary or a secondary residence in Switzerland, but you should check with your local cantonal authorities to confirm any local requirements.

General question on Biometric permits: I currently hold a First-generation residence permits for foreign nationals (no Biometric data stored), do I need to change it now for a Biometric permit?

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The advice of the Swiss government is that your existing permit remains valid and you do not need to take any action at this stage. You should apply for the renewal of your paper permit when it expires, as usual. At that point you will be issued a biometric permit in credit card form

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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?

Published: 15 April 2024 14:19 CEST
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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