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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?
UK citizens' access to Switzerland is restricted. Photo: Pixabay

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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WORK PERMITS

Why Switzerland’s work permit quotas for non-EU nationals are rarely filled

Out of the maximum number of work permits set aside by Swiss government for UK citizens and other non-EU nationals, only a portion have been handed out.

Why Switzerland's work permit quotas for non-EU nationals are rarely filled

While citizens of the EU and EFTA states (Norway, Iceland, and Liechtenstein) have an almost unlimited access to Switzerland’s labour market, those coming from third countries face more restrictions. 
 
To be able to work in Switzerland, people from outside the EU / EFTA must be highly qualified specialists or other skilled professionals.

According to State Secretariat for Migration (SEM), “this means that you should have a degree from a university or an institution of higher education, as well as a number of years of professional work experience.”

Another hurdle to overcome before a third-country candidate can be hired, is that no Swiss or EU / EFTA national can be found for a given position.

Annual quotas

Each year, the Federal Council releases a set number of permits (also called ‘quotas’), allowing non-EU / EFTA nationals to work in Switzerland during the year.

Quotas for 2024 are the same as they have been for the past several years: 12,000 in all.

They consist of B and L permits, depending on the kind of employment individual foreigners are eligible for.

Out of the total number, 3,500 permits are set aside specifically for UK nationals, who are eligible for separate quotas as part of a transitional post-Brexit arrangement: 2,100 B and 1,400 L permits are  just for them.

The remaining 8,500 permits are meant for other third-country workers.

Third-country quotas are set by each canton, depending on its economic needs.

The federal government then determines the total number of permits it will make available to each canton.

READ ALSO : Who do Switzerland’s 12,000 work permits for non-EU citizens go to?

Given the shortage of qualified workers in Switzerland, a natural assumption would be that all of 12,000 non EU / EFTA permits would be snapped up / attributed.

However, this is not the case.

Recent SEM data indicates that in 2023, there was a quota ‘shortfall’ — in other words, only a part of available third-country permits had been issued. 

Of the total of 12,000 permits, 7,480 were distributed among cantons for their non-EU / EFTA workforce — 848 (out of 3,500) were issued to UK nationals and 6,632 (out of 8,500) to people from other third countries. 

In fact, “this maximum number had not been fully utilised since 2017,” SEM’s spokesperson Samuel Wyss told The Local.

‘Demand-driven system’

One reason, according to Wyss, is that “the admission of third-country nationals depends on the needs of the economy and employers.”

Therefore, “the system for admitting third-country nationals to the Swiss labour market is demand-driven… The majority of Switzerland’s labour and skilled worker requirements are covered by domestic workers and those from EU/EFTA states.”

Additionally, a number of applicants don’t meet the eligibility criteria for the permit — ranging from the candidates’ professional qualifications to insufficient contribution they would make to Switzerland’s “overall economic interest.”

“If one or more of these requirements are not met, the permit will not be granted, even if there are still quotas available within the annual maximum numbers,” Wyss pointed out.

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

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