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SWITZERLAND AND THE UK

EXPLAINED: How can Brits visit or move to Switzerland post-Brexit?

Before Brexit, UK nationals had a nearly unlimited access to Swiss residency and employment. But these rights were curtailed once Britain left the European Union.

EXPLAINED: How can Brits visit or move to Switzerland post-Brexit?
Your rights in Switzerland are now limited. Photo by Ethan Wilkinson on Unsplash

After its withdrawal from the EU in 2020, the UK lost many of the privileges it enjoyed as a member of the 27-nation bloc.

While Switzerland is not part of the EU, it is bound by bilateral treaties with Brussels, like the Free Movement of Persons, to adhere to many of its rules.

Consequently, British nationals face the same restrictions in Switzerland as they do throughout the EU — the kind of rules all other non-EU / EFTA citizens must comply with as well.

For UK citizens, the new regulations entered into force from January 2021.

What does this mean in terms of tourism, work or residency?

If you come to Switzerland as a visitor, you can enter the country without a visa.

The only change from pre-Brexit days is that you now must queue up in the ‘All Passports’ lane rather than the one reserved for Swiss and EU / EFTA nationals.

Anyone with a British passport must use this entrance, even people who live in Switzerland with a B or C permit.

If, however, you are a dual UK / Swiss national, and travel with a Swiss passport or ID, then you can use the automated door intended for citizens of Switzerland. The same applies if you hold (and travel with) a passport of a EU country — in this case, you can use that lane as well.

How long can you stay in Switzerland as a tourist?

As any other foreign tourist, you can remain in the country for up to 90 days in any 180-day period.

Entry rules for UK passport holders have changed. Photo: Pixabay
 

Are you entitled to work in Switzerland?

Yes, but not as freely as before Brexit, and only under certain conditions.

As a non EU / EFTA national, your access to the Swiss labour market (and therefore a Swiss work permit) is much more restricted than in the past.

You will be subject to a system, renewable each year, where the federal government sets a number of quotas intended for third-country nationals and distributes them among cantons.

In 2023, the government released 8,500 quotas for non-European workers: 4,500 for permit B and 4,000 for permit L.

However, UK nationals are privileged in that they receive quotas that are set aside especially for them: 2,100 B and 1,400 L permits.

But just because a certain number of permits are reserved for the Brits, doesn’t mean you will easily get one.

Rules for hiring people from outside the EU / EFTA (including the UK) are strict.

“Authorisations [for work] are issued according to the needs of companies and taking into account the economic interests of Switzerland,” according to State Secretariat for Migration (SEM).

You will only be considered for a job (and permit)  if you are highly qualified, i.e. if you are a manager, specialist or other skilled professional.

“This means, essentially, 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,” SEM said.

And, you must have a job offer in Switzerland — that is, someone who can attest they want to employ you. 

Another condition is that your potential employer must prove there is no suitable person to fill the job vacancy from Switzerland or from an EU / EFTA state.

Outgoing British MEP Jonathan Bulloci holds the Union Jack flag as he and other British pro-Brexit MEPS leave Brussels on January 31, 2020. Photo by Kenzo TRIBOUILLARD / AFP
 

What if you have financial means to live in Switzerland without working?

It depends on how wealthy you are.

As stated above, non-EU / EFTA nationals are subjected to more restrictive residency rules than their European counterparts.

However, the Swiss are very pragmatic people, especially when it comes to making money.

A little known (except to the financially astute) and rarely used Article 30 of the Federal Aliens Act sets out derogations from the regular, strict admission requirements.

It enables foreigners from outside Europe to move to Switzerland — but only if they are sufficiently wealthy to live here without having to work or resort to welfare benefits.

The law states that in cases of “important public interests” — that is, plenty of money in state coffers— cantons can grant people from outside EU / EFTA states permissions to settle on their territories with a B residence permit. 

Obviously, the sky’s the limit and the amounts depend on where in the country you want to live. But just as an indication, “buying” your way into the residency permit in Geneva costs roughly 312,522 francs in tax revenue per year; 415,000 in Vaud; and 287,882 in Valais.

Add to this a fee you would have to pay a specialised relocation attorney — reportedly at least 50,000 francs — to negotiate a lump-sum tax agreement for you with authorities of the canton where you would like to live.

One thing to keep in mind is that money alone can’t buy you residency.

The law also stipulates that you “must not pose a threat to public security and order or to Switzerland’s international relations”.

Additionally, all foreign nationals living in Switzerland — rich and poor alike — must purchase compulsory health insurance coverage.

Are any UK citizens exempted from post-Brexit rules?

Yes, the above rules don’t apply to British nationals who had moved to Switzerland before the end of the Brexit transition period (December 31st, 2020) — they will retain all their existing rights for residence and employment.

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For members

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?

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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