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IMMIGRATION

Frontier workers to the ‘European Esta’: British Embassy in Switzerland answers Brexit questions

It’s been just under a month since the United Kingdom officially left the European Union, but questions remain for many.

Published: 26 February 2020 19:11 CET
Frontier workers to the 'European Esta': British Embassy in Switzerland answers Brexit questions
Photo: ODD ANDERSEN / AFP

While Switzerland isn’t a member of the bloc, there are still implications for people who live and work in Switzerland. 

Early in February, the British Embassy in Switzerland answered some frequently asked questions about the process and everything that was changing. Here are some of the most pressing questions, while a full list of the questions can be found here. 

When the European “Esta” comes into effect will we have to apply for it in order to go into France or Germany? Do we have to keep all receipts to prove we have only been 90 days in the Schengen area?

ETIAS (the European “Esta”) is due to be introduced during 2021, and the scheme will cover all countries within the Schengen Area. You can find further information here. 

Once the scheme comes into operation, UK visitors to the Schengen Area will need to obtain an ETIAS. UK nationals resident in the Schengen Area (e.g. resident in Switzerland) should not need to obtain an ETIAS for travel to another country within the Schengen Area.

READ: What Brits in Switzerland need to know about Brexit

READ: 'Doors will close for Brits in EU': Why the UK's post-Brexit immigration plan has sparked alarm

What will be the future situation for British Frontalier workers? I live in France and work in Geneva as an International fonctionaire (CERN). My two daughters are presently studying in the UK and may want to work in this area after university. As there a very few jobs in France in this border area they would want to apply to work in Switzerland as frontalier workers but this will be post Brexit. What would their situation be? Would it be better to move to Switzerland?

UK nationals who are currently frontier working in Switzerland are protected by our Citizens’ Rights Agreement, which will apply from 1 January 2021.

If your daughters apply for a Swiss frontier worker permit (G permit) before 31 December 2020, then they will also be covered by the Citizens’ Rights Agreement. If they apply after this period, then they will have to fulfil the requirements for third country nationals

READ: Five things you should know if you're a cross-border worker in Switzerland

After the transition period, will UK citizens on an EU B permit be able to retain it until the expiry date, or will they have to switch to the one year B permit?

Your B permit remains valid, and you can renew it when it expires as usual. This is protected by our Citizens’ Rights Agreement which will enter into force on 1 January 2021. If you are eligible and fulfil the requirements for a C permit, you will be able to apply for one at the migration authority in your place of residence

A practical question: my C-permit says “EU-EFTA”. Do we need to get a new one or does the current one remain valid until the “Kontrollfrist”. At my local Kreisbüro they were unable to answer the question last week.

You don’t need to get a new permit. Your current permit remains valid, and you should renew it when it expires as now. The EU/EFTA branding doesn’t affect the validity of your permit.

There are some linguistic requirements for C permit renewals for 3rd party nationals (at least here in Zurich). Will those apply to Brits with C permits after Brexit? My German is still so bad – it's easy to live in Zurich in English.

Starting on 1 January 2019, new provisions for work and residence permits entered into force in Switzerland. This is however unrelated to Brexit but is rather a matter of Swiss domestic legislation.

For UK nationals in possession of a Swiss B or C permit, nothing changes for renewal of those permits until the end of the transition period (31 December 2020). For all new C permits (i.e. conversion from a B to C permit), the proof of language skills (in the language of the place of residence) from an accredited institution applies as of 1 January 2020. You can find a list of accredited institutions here. 

READ: How have Switzerland's tougher language requirements for work permits affected foreign citizens? 

At EU and Swiss airport immigration, do I now have to go through 'other nationalities' because I am not Swiss and we are now not in EU?

Current arrangements for travel in the EU will not change during the transition period which lasts until 31 December 2020. UK nationals will be able to use the EU immigration lines or e-gates, and they will not have their passports stamped.

What is likely to happen with the rights of British citizens past 31 Dec 2020 in Switzerland? Are there other agreements in negotiation right now? What happens to the upcoming permit renewals post 2020? Would British citizens be still eligible for a C permit after 5 years?

The rights of UK nationals in Switzerland, and indeed Swiss citizens in the UK, are protected by our Citizens’ Rights Agreement which will come into force from 1 January 2021. This means you will be able to renew your permit when it expires, as usual.

This includes renewal of L, G, B and C permits. Switching from a B to C permit falls under Swiss domestic law.

UK nationals covered by our Citizens’ Rights Agreement are eligible to apply for a C permit after 5 years, subject to fulfilling the integration criteria.

From 1 January 2020 this includes a proof of language skills (A2 spoken and A1 written) from an accredited institution. You can find a list of accredited institutions here.

Do Swiss hospitals still accept the EHIC card? If so up until when will it be accepted?

Your EHIC remains valid. There will be no changes to healthcare access for UK nationals visiting or living in the EU, Iceland, Liechtenstein, Norway and Switzerland before 1 January 2021.

The UK’s agreement temporarily protects EHIC and S2 for UK nationals who find themselves in another Member State on 31 December 2020.

They will be able to complete any treatment they are undergoing or have access to ‘needs arising’ treatment through their EHIC in that Member State, until they return to the UK. This includes people on holiday. EHIC is only valid for temporary stays, however, such as a holiday.

If you are resident in Switzerland, you must take out compulsory insurance with a Swiss health insurance company no later than three months after arriving or beginning to work in Switzerland.

For more information and useful links, visit our Living in Guide.

From 1 January 2021, our UK-Swiss citizens’ rights agreement protects social security arrangements for UK nationals resident in Switzerland; this means reciprocal healthcare arrangements will continue for people such as UK state pensioners, or students on a course of study.

Can we now have access to our private pension if we move back to the UK as no longer in EU?

Your access to your private pension will not be affected by the UK leaving the EU.

Private pensions are ultimately treated as the property of the individual scheme member, and private property is protected by international law.

We fully expect that people will continue to be able to access their pension savings or pension rights. If you are returning to the UK permanently, you should contact the international pension centre to move your pension to the UK.

If you choose to stay in Switzerland, your rights will be protected under our Citizens’ Rights Agreement, which will apply from 1 January 2021.

Social security coordination rules will continue to apply to those covered by the agreement, and we will continue to aggregate social security contributions.

The UK government has confirmed lifelong uprating of UK state pension for recipients in Switzerland, and the right to export relevant benefits to Switzerland and the UK will generally continue as now.

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

Published: 26 April 2024 11:50 CEST
EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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