CONVINUS Global Mobility Alert - Week 26.2024

BEST PRACTICE MIND THE

BEST PRACTICE MIND THE GAP - CHALLENGES OF BREXIT IN SWITZERLAND PART 4: WORK PERMITS AND REGISTRATION PROCEDURES FOR BRITISH NATIONALS IN SWITZERLAND NORMA REYNOV, CONVINUS The United Kingdom (UK) left the European Union (EU) on January 31, 2020. After the transition phase, the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU no longer applied to the United Kingdom (UK). Since this date, UK nationals are, therefore, no longer considered to be EU/EFTA nationals but generally third-country nationals. This also means that UK nationals are now subject to the Acquired Rights Agreement, the temporary “Service Mobility Agreement,” and the Foreign Nationals and Integration Act. In the following, we look at the key aspects of this for British nationals who wish to work in Switzerland. Acquired rights British nationals who were already living in Switzerland before January 1, 2021, or who held a work and residence permit for Switzerland that they had acquired by December 31, 2020 under the Agreement on the Free Movement of Persons will retain their existing rights, such as the right of residence. These rights are based on the agreement on acquired rights. International mobility of service providers (notification procedure) The Service Mobility Agreement (SMA) allows service providers from the UK to work in Switzerland for up to 90 days per calendar year under the notification procedure. Management consultants, IT specialists, engineers, and many other professional groups thus benefit from easier market access in Switzerland without being subject to a prior labor market check. Employees of companies based in the UK can use the registration procedure regardless of their nationality if they are posted to Switzerland to provide cross-border services. This also applies to third-country nationals and EU/EFTA citizens, provided they have already worked regularly in the UK for at least 12 months prior to the posting. 6 convinus.com

BEST PRACTICE The agreement was extended in November 2022 and is valid until December 31, 2025. It should be noted that the corresponding Swiss salary must be paid to the employee, and accommodation, food, and travel costs must be covered by the employer. Admission of UK nationals to the Swiss labor market Since January 1, 2021, the admission requirements of the Foreign Nationals and Integration Act (FNIA) have applied to newly arriving workers from the United Kingdom. Similar to other third countries, only essential managers and specialists from the UK will be admitted, provided this is in Switzerland's overall economic interest. Individuals with special professional knowledge or skills may be admitted if a need can be demonstrated. However, Swiss nationals and EU/EFTA nationals have priority on the Swiss labor market. In addition, the salary and working conditions customary for the location, profession, and industry must be observed. There are separate quotas for British nationals. The 2,100 residence permits (B) and 1,400 short-term residence permits (L) are released on a quarterly basis and issued by the cantons. CONCLUSION Brexit has brought significant changes for British nationals who wish to work in Switzerland. Since January 1, 2021, they have been considered third-country nationals. Acquired rights, the registration procedure for employees with UK employers, and the country's own quotas somewhat cushion the harshness of the new conditions. Nevertheless, the post-Brexit era requires British nationals to pay close attention to the new legal requirements to work in Switzerland. Neither HR managers nor employees should assume that UK nationals will simply be allowed to work in Switzerland or that the penalties for non-compliance will be less than for other third-country nationals. Hiring UK nationals and posting them from the UK to Switzerland now requires significantly more far-reaching measures than before Brexit. These must always be observed to ensure compliance for the employees and companies concerned. 7 convinus.com