On January 31, 2020, the United Kingdom (UK) left the EU (Brexit). The “Acquired Rights Agreement” and the “Services Mobility Agreement (SMA)” have been in force since January 1, 2021. With the agreement on acquired rights of citizens, people with UK citizenship and Swiss nationals can retain the rights they received before the UK left the EU (e.g. residence rights). However, new arrivals from 2021 onwards will have to abide by the standard rules for non-EU citizens.

Following the United Kingdom’s exiting the European, the Agreement on the Free Movement of Persons between Switzerland and the EU will no longer apply to British nationals. As a result, British nationals will be treated as third-country nationals (non-EU/EFTA) within the meaning of the Swiss Immigration Act from January 1, 2021. This change will have a significant impact on British nationals who wish to live or work in Switzerland.

Quotas for UK nationals who are coming to work in Switzerland for the first time – Prerequisites for the issuance of a work permit –

There must be a positive effect on the Swiss (and possibly local) economy as a result of the applicant’s activities. Only proven or qualified specialists (e.g. senior managers or scientists) are eligible for work permits. There is a priority for resident workers. As a rule, the unavailability of such persons entitled to priority must be documented by means of advertisements (print and online media) and a list of any rejected candidates (with reasons).

In comparison to other third-country nationals, UK nationals are subject to simplified rules: for the time being, permits for British citizens are not subject to the federal authorization procedure and are therefore issued exclusively under cantonal supervision. This means that there is no need for approval by the SEM. The cantonal employment offices decide autonomously and forward a positive decision directly to the cantonal migration office.

The EU has amended the Visa Regulation so that UK citizens can continue to enter the Schengen area and thus Switzerland without a visa for a short stay of max. 90 days (within 180 days). However, for longer stays of more than 90 days, a permit is required, which is subject to the provisions for third-country nationals. In other words, the entry and stay of British nationals in Switzerland is now governed by the same rules as for other third countries.

Residence without gainful employment: family reunification, students, pensioners Since

January 1, 2021
If a UK citizen living in Switzerland wishes to join their wife and children who are currently abroad –

If you entered Switzerland before January 1, 2021, you have acquired rights under the AFMP that will continue to apply after the UK leaves the EU.

However, if you were admitted to Switzerland after January 1, 2021, family reunification is governed by the Foreign Nationals and Integration Act and the Ordinance on Admission, Residence and Gainful Employment. Family members who are entitled to family reunification are spouses and unmarried children under the age of 18. Several cumulative requirements must be met (cohabitation, adequate living space, lack of social assistance, integration, language skills).

The guidelines I. Foreigners specify and comment on the regulation. The application for a residence permit for family reunification must be submitted to the migration authority of the applicant’s canton of residence (cantonal migration and labor market authorities).