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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of the EU/EFTA, which the UK will become after Brexit, all funds in the company pension scheme (2 pillar) can be withdrawn.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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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

Published: 7 May 2024 10:29 CEST
How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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