Brexit: The rights of Swiss and British citizens to remain secure

The Federal Council approved an agreement with the United Kingdom (UK) on securing the rights and obligations of Swiss and British citizens after Brexit. The agreement protects citizens of both countries who have acquired rights such as residence rights under the Agreement on the Free Movement of Persons (AFMP).

After the United Kingdom exits the European Union (EU), the bilateral agreements between Switzerland and the EU will no longer apply to the UK. The rights and obligations that Swiss and British nationals have acquired would then expire. The Federal Council would therefore like to ensure that the mutual rights and obligations exist beyond the exit from the EU. These include, among other aspects, the recognition of professional qualifications or social security entitlements. The right of residence under the AFMP is also affected. Persons who, under this agreement, reside in the other country are to retain the rights they have acquired. Likewise, any exchange of services between Switzerland and the UK that began before the exit should be able to be provided in an orderly manner. The rights granted in connection with this agreement shall apply for life. This does not apply to persons who immigrate to the other country after the abolition of the AFMP.

Possible scenarios

Depending on the result of the Brexit negotiations, there are two possible scenarios:

a) If the EU and the UK reach an exit agreement by 29 March 2019, the existing provisions of the AFMP will continue to apply during a transition phase until the end of 2020. In this case, the agreement between Switzerland and the UK to ensure the rights of citizens would apply only after the transition phase following Brexit.

b) If no exit agreement is reached, the UK will make a disorderly exit from the EU on 29 March 2019. In this case, the agreement between Switzerland and the UK would have to come into effect on 30 March 2019.