Since the end of the post-Brexit transition measures in January 2021, UK citizens no longer hold the same residency rights as EU citizens.
However, UK citizens who were living or working in Switzerland before the end of December 2020 benefit from the protection of acquired rights, allowing them to retain their residency rights under the Agreement on the Free Movement of Persons.
In short, UK citizens who were living or working in Switzerland before the 1st January 2021 are not impacted by Brexit when it comes to:
-Maintaining their right to work as an employee or as an independent;
-Maintaining their right to live in Switzerland without working, as long as they can prove they have sufficient financial means to cover their living costs;
-Applying for family reunification for spouse and children living overseas;
-Working in Switzerland while living across the border as a cross-border worker, as long as they received their G permit before Brexit;
–Buying property in Switzerland;
–Retiring in Switzerland and maintaining their residency rights;
-Providing services for 90 days per year as a posted service provider by a company based in the UK or as a self-employed worker, until the end of December 2025.
UK citizens living in Switzerland will have their permits renewed with the mention “According to the CH-UK agreement of 25.02.2020”, confirming that they benefit from the protection of acquired rights.
The protection of acquired rights remains in force as long as the UK citizen remains registered as a resident in Switzerland.
UK citizens who leave Switzerland for more than 6 months can have their permit revoked and therefore lose the protection of acquired rights, thus losing the possibility to come back to live in Switzerland under the same status later on.
Any permit application submitted after January 2021 is governed by the Federal Law on Foreigners and Integration, under which UK applicants are considered non-EU citizens and face significantly stricter regulations when it comes to being able to work in Switzerland. Independent UK workers will also be subject to challenging conditions to be obtain a work permit, such as proving that their activity contributes to the local economy.
The protection of acquired rights for UK citizens is cancelled by Swiss immigration authorities when:
-The person announces their departure and leaves Switzerland for more than 6 months;
-The person commits a criminal offence that threatens public safety;
-The person loses their job and hasn’t found another position after having received the totality of their unemployment benefits in Switzerland.
Under the protection of acquired rights, UK citizens can apply for a C permit after 5 years of residence with a B permit, provided they meet the A2 spoken and A1 written language requirements of their place of domicile and are well integrated into their canton. UK citizens who do not benefit from the protection of acquired rights must provide a B1 spoken and A1 written language certificate.
Book an appointment through our website or call us if you need more information about the protection of acquired rights or if you have questions about Swiss permits for UK citizens: https://koalendar.com/e/legal-consultation?month=2025-03&duration=40&date=2025-03-05
05/03/25 – Alexa Mossaz, immigration specialist
