The joint reports provide an overview of progress in implementing the new resident status and issuing residence documents attesting to this status for EU citizens in the UK and for UK nationals in EU Member States. As a general rule, British citizens living in Switzerland with a residence permit obtained under the Agreement on the Free Movement of Persons are not required to take action. They could be asked to exchange their current authorisation for another one – if they do not, they will simply have to apply for a new authorization from the cantonal immigration and labour market authorities before the expiry of the existing authorization. Swiss citizens arriving after 1 January 2021 are subject to the NEW UK immigration rules. People intending to work in the UK must meet the requirements of the UK`s new points-based system (PBS). Further guidelines on the new system will be published at the end of 2020. To benefit from these rights, citizens may have to apply for a new resident status, depending on whether each country has decided to opt for a so-called constituent or declaratory system. If the UK and the EU agree on the terms of the UK`s withdrawal from the EU (the “withdrawal agreement”), the UK-Switzerland Citizens` Rights Agreement will enter into force at the end of the period of implementation of the withdrawal agreement. In the event of a Non-Brexit Deal, the agreement between Britain and Switzerland will come into force on 30 March 2019. The withdrawal agreement generally guarantees citizens and their family members the same rights as they do today: they can continue to live, study, work and travel freely between the UK and the EU. The information contained in this blog is only used for general information purposes and does not purport to be exhaustive or provide legal advice.
While every effort is made to ensure that the information and law are up to date at the time of publication, it should be noted that over time, this does not necessarily reflect the current legal situation. Gherson assumes no responsibility for any losses that may result from access or trust to the information contained in this blog. For formal advice on the current law, please contact Gherson. Legal advice is provided only as part of a written agreement, identified as such and signed by the client and by Gherson or on behalf of Gherson. Courts in the United Kingdom may ask the European Court of Justice, for a period of eight years after the end of the transition period, provisional questions about the interpretation of the part of the withdrawal agreement for citizens. For application issues for the United Kingdom, the status of this eight-year period began on 30 March 2019. This means that the British and Swiss Swiss, who live in the countries of the other country at the end of the transposition period, will be able to continue to enjoy the same rights as today. These include rules on residence, access to health care, pensions and education, social security coordination and mutual recognition of professional qualifications. Agreement on citizens` rights under the Agreement on the Free Movement of Persons, 25.02.2019 Essentially, European and British citizens meet these conditions when they: the text of the Citizens` Rights Withdrawal Agreement is very specific, so that it can be invoked directly by EU citizens in British courts and by British citizens before the courts of the Member States. Not all national legislation that is compatible with the provisions of the withdrawal agreement should be enforced.