Brexit’s impact on work and residence permits of UK citizens in Switzerland

What happens with your Swiss or UK residence and work permits when Brexit comes into effect?

To date, it is still unclear whether the UK will leave the European Union (EU) under a “withdrawal agreement” providing for a transition period with respect to existing agreements or not (“No Deal” scenario).

Under the current legal framework, UK and Swiss citizens domiciled and working in Switzerland or in the UK are subject to the bilateral agreement on the free movement of persons (FMOPA) between the EU and Switzerland.

Brexit under an applicable withdrawal agreement:
If the EU and the UK conclude the withdrawal agreement which is currently the subject of debate, the provisions of the existing FMOPA between EU and Switzerland will continue to be applied between Switzerland and the UK during the transition period, presumably until 1 January 2021.

After expiry of the transition period, a recently ratified bilateral agreement between Switzerland and the UK (new FMOPA) that safeguards the rights acquired by Swiss and UK citizens under the former FMOPA will apply. The rights acquired under the former FMOPA - including e.g. residence and work permits, social security entitlements and the recognition of professional qualifications - are thus guaranteed indefinitely for British citizens who were resident in Switzerland under the former FMOPA. The same applies to Swiss citizens resident in the UK.

Brexit without an exit agreement:
In case of a “No Deal” scenario, the new FMOPA will apply from 1 November 2019 (subject to formal approval by the Swiss Parliament). However, in order to benefit from the guarantee of the existing (acquired) rights, UK citizens must have established Swiss residence and obtained work permits under the former FMOPA before Brexit comes into effect.

For persons who wish to immigrate to the UK or Switzerland after expiry of the former FMOPA (i.e. at the end of transition period or, in case of a “No Deal” scenario, immediately with Brexit coming into effect), the Swiss Federal Council approved a supplementary agreement which facilitates obtaining work permits in either country for a limited period of time. In addition, UK citizens will continue to be exempt from visa requirements. In return, according to current UK assurances, Swiss citizens will also remain exempt from visa requirements.

Please note that the above information will require further clarification and review in each individual case. In particular with respect to application proceedings and residence permits of partners or children, several new regulations will apply when Brexit comes into effect (with or without an exit agreement).