No Images? Click here Immigration: UK and Switzerland prepared for no-deal BrexitAs Brexit deadline approaches, odds for a no-deal scenario grow. Preparing for any eventuality, the Swiss government has been working with its British counterparts towards a ‘plan B’ for businesses and citizens of both countries. When the Agreement on Free Movement of Persons (AFMP) ceases to apply to the UK, special regulations will come into force and minimise the impact. Today, bilateral agreements between Switzerland and the European Union govern Switzerland's relations with Britain, including immigration between both countries. Should the United Kingdom leave the EU on 29 March without a deal, then two sets of rules will come into effect:
1. Status quo for eligible residents and workers These eligible persons shall keep their residence status and renew it subject to the same limitations and conditions already applicable today. However, they may be required to file a new application for a residence status and document, and provide evidence that they are entitled to such status. The application procedure may include criminality and security checks. The Agreement also applies to persons providing services on the basis of a written service contract which was concluded, and the performance of which started, before 30 March 2019. British and Swiss contractors shall have the right to continue providing services in the other country after Withdrawal Date for a period not exceeding 90 days of actual work in a calendar year, during five years. This five-year period will then be extended for five years at a time, unless there are compelling grounds to decline an extension. 2. Special regime for new admissions of British citizens The Federal Council decided at its meeting on 13 February to introduce a special quota as a temporary measure, allowing the issuance of 3,500 work and residency permits to British citizens from Brexit date to the end of the year: 2,100 under a residence permit (B) and 1,400 under a short-stay permit (L). This measure aims to prevent an "undesirable" competition for jobs between British citizens and other third country nationals. It is likely the Swiss government hopes for a similar favour for Swiss citizens in the UK, on a reciprocity basis. Posted workers and cross-border service providers can obtain a quota-free work permit for the duration of 120 days within 12 months. According to the press release, the permits for British citizens will not be subject to the usual consent procedure for the time being and will be issued by the cantons. Talks are also under way on a possible bilateral agreement between Switzerland and the UK that would permit derogations from the admission requirements contained in the Foreign Nationals and Integration Act (FNIA) for a temporary period. These measures grant Britons a more favourable treatment than other foreign nationals. As a rule, both the position and the applicant must meet different criteria, set out in the FNIA and the Ordinance on Admission, Period of Stay and Employment (ASEO). The application proceedings are generally long and complex. In reaching its decision, the Federal Council took into account the views of the cantons, the needs of the economy and constitutional requirements. 3. Orderly withdrawal scenario Authors: VISCHER AG The publisher cannot be held liable for the correctness, completeness and topicality of any contents or presentations in this News Alert. Copyright © 2019 VISCHER AG; Basel/Zurich. All rights reserved.
|