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Following Brexit, all British nationals will need a Swiss work permit in order to be allowed to work in Switzerland (unless they have rights acquired before 2021).
Requirements for a permit
As a consequence of the UK’s withdrawal from the European Union (EU) and after the end of the agreed transition period on December 31, 2020, the Agreement on the Free Movement of Persons (AFMP) with the EU will no longer apply to relations between Switzerland and the UK. From January 1, 2021, UK nationals will no longer be considered EU citizens, but third-country nationals.
Because British nationals are now subject to the Foreign Nationals Act, the Swiss authorities will only issue a work permit if certain strict criteria are met. In practice, this means that only British workers who are considered highly qualified or who carry out a specialized activity that serves Switzerland’s economic interests will be admitted.
Residence without gainful employment
Family reunification, students, pensioners since January 1, 2021. Nationals of the United Kingdom residing in Switzerland can bring their spouse and children who are currently abroad to Switzerland.
If you were already admitted to Switzerland before January 1, 2021, you have acquired rights under the AFMP that will continue to apply after the UK leaves the EU (see circular of December 14, 2020 on the protection of acquired rights under the AFMP.
However, if you were admitted to Switzerland after January 1, 2021, family reunification is governed by the Foreign Nationals and Integration Act (FNIA) and the Ordinance on Admission, Residence and Gainful Employment (OASA). Family members entitled to family reunification are spouses and unmarried children under the age of 18. Several cumulative conditions must be met (cohabitation, suitable accommodation, lack of social assistance, integration, language skills).
For Foreign Nationals, 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).
Work permit quotas for UK nationals who want to work in Switzerland for the first time.
Work permits for workers from third countries (to which the UK belongs from January 1, 2021) are subject to quotas. Switzerland provides a separate quota for UK nationals. Special quotas (residence permits and short-term residence permits) are available to Swiss employers to recruit British skilled workers.
Procedure for obtaining a work permit
Compared to other third-country nationals, simplified rules apply to UK nationals: For the time being, permits for British citizens are not subject to the federal permit 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.
