In November 2018, the UK and the EU concluded their negotiations on the Withdrawal Agreement and the Political Declaration on the future relationship. The agreement sets out, inter alia, the status of EU citizens in the UK after Brexit, as well as the details regarding the transition period (see Question 2).

The UK Parliament (as well as the European Parliament) now have to implement and ratify that agreement to guarantee an orderly exit of the UK from the EU on 31 October 2019. In votes in January and March 2019, the House of Commons rejected the Withdrawal Agreement and the Political Declaration. Given the current uncertainty in the Brexit process, the possibility of a disorderly withdrawal of the UK from the EU cannot be excluded (no-deal scenario).

Switzerland is not a party to the UK-EU Withdrawal Agreement, hence the need for the separate Swiss-UK citizens’ rights agreement to secure the rights of Swiss and British citizens (see question 4).

In case of an orderly Brexit, based on the UK-EU Withdrawal Agreement, the UK’s withdrawal from the European Union will be followed by a transition period, currently expected to last until 31 December 2020 (the UK and the EU can jointly decide to trigger an extension of the transition period of up to two years).

During the transition period, EU law continues to apply to the UK, even though the UK will have ceased to be an EU member state. Agreements that the EU has concluded with third countries, including the Swiss-EU Agreement on the Free Movement of Persons, will continue to apply to the UK until the end of the transition period.

In summary, regarding daily life during the transition period, things will largely remain as they are now.
Please note however that the transition period is part of the UK-EU Withdrawal Agreement that has not been ratified by the two parties yet.

Currently the relations between Switzerland and the UK are governed by the network of bilateral agreements concluded between Switzerland and the European Union. One of those agreements is the Agreement on the Free Movement of Persons (AFMP). Under the AFMP, economically active persons have the right to enter, remain and take up employment in the UK and in Switzerland, both in an employed or self-employed capacity. Economically inactive persons (e.g. retired persons or students) also have the right to enter and stay as long as they have adequate financial means and full health insurance coverage.

Once the UK leaves the EU (and any ensuing transition period expires), the Swiss-EU bilateral agreements, including the AFMP, will cease to apply to the UK. To safeguard the rights of Swiss citizens who are resident in the UK (and vice versa), the two governments have concluded the Swiss-UK citizens’ rights agreement (see Question 4).

For more information on the relations between Switzerland and the UK please visit the website of the Swiss Directorate for European Affairs.

The Swiss-UK citizens’ rights agreement secures the rights acquired by Swiss citizens living in the UK (and vice versa). Based on this agreement, Swiss citizens residing in the UK on the date the UK leaves the EU (or any ensuing transition period expires) will be able to carry on with their lives just as before. In terms of scope, the main areas covered are the following:

• Right of exit and of entry
• Right of residence for persons pursuing an economic activity
• Right of residence for persons not pursuing an economic activity
• Family reunification
• Frontier workers
  
• Rights of persons providing services
• Prohibition of discrimination on grounds of nationality
• Purchase of immovable property
• Coordination of social security systems
• Mutual recognition of professional qualifications

The Swiss-UK citizens’ rights agreement protects the acquired rights of Swiss nationals residing in the UK (and vice versa) in every Brexit scenario.

• In the event of an orderly Brexit based on the negotiated UK-EU Withdrawal Agreement, the UK’s departure will be followed by a transition period during which the Agreement on the Free Movement of Persons continues to apply. In this case, the Swiss-UK citizens’ rights agreement will be implemented once this transition expires, which is currently expected to be from 1 January 2021.
• In the event of a disorderly exit (no-deal Brexit) on 31 October 2019, Switzerland and the UK will apply the agreement as of 1 November 2019, the day following the UK’s withdrawal from the EU.
  

Swiss citizens (and their family members) wishing to remain in the UK beyond December 2020 have to apply for a new residence status under the EU Settlement Scheme, called settled or pre-settled status (see Question 7). Acquiring settled or pre-settled status will allow Swiss citizens to continue to live, study and work in the UK, to have access to public funds and services and to go on to apply for British citizenship if they wish to do so. Applications are free of charge.

Swiss citizens married to a British citizen also need to apply. However, UK-Swiss dual nationals must not (and cannot) apply. They already have full rights of residence in the UK.

The settlement scheme opened fully at the end of March 2019. You can start your application here.

Settled and pre-settled status are the new UK permanent residence status post-Brexit. Swiss citizens (and their family members) wishing to remain in the UK beyond December 2020 need to apply.

Acquiring settled or pre-settled status will allow Swiss citizens to continue to live, study and work in the UK, to have access to public funds and services and to go on to apply for British citizenship if they wish to do so.

If you have lived in the UK for a continuous five-year period (‘continuous residence’) you should be granted settled status. Continuous residence means that for five years in a row you have been in the UK for at least six months in any 12-month period, except for:

• one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
• compulsory military service of any length

If you do not have five years’ continuous residence when you apply you will generally get pre-settled status instead. This means you can stay in the UK for a further five years from the date you get pre-settled status. Once you have five years’ continuous residence you can apply for settled status.

To be eligible for settled or pre-settled status under the Swiss-UK citizens’ rights agreement, you have to:

• be a Swiss citizen, or a family member of a Swiss citizen
• have started living in the UK by 31 December 2020 (if the UK leaves the EU based on the UK-EU Withdrawal Agreement); or
• have started living in the UK by 31 October 2019 (if the UK leaves the EU without a deal)

You do not have to be physically present in the UK to apply for settled/pre-settled status. You can also apply from overseas.

Family members who are living with, or join, Swiss citizens in the UK by 31 December 2020 in the event of an orderly Brexit scenario (if the UK leaves the EU based on the UK-EU Withdrawal Agreement) or by 31 October 2019 in the event of a disorderly Brexit scenario (if the UK leaves the EU without a deal), can also apply for settled or pre-settled status. Family members who are not living in the UK by 31 December 2020 (in an orderly Brexit scenario) or by 31 October 2019 (in a disorderly Brexit scenario) will be able to join a Swiss citizen in the UK at any point in the future, as long as the relationship existed before that date and still exists. Children born or adopted after 31 December 2020 (in an orderly Brexit scenario) or after 31 October 2019 (in a disorderly Brexit scenario) will also have their rights protected. Where a new relationship is formed after 31 December 2020 (in an orderly Brexit scenario) or after 31 October 2019 (in a disorderly Brexit scenario), the future spouse of an eligible Swiss citizen will be able to join the Swiss citizen in the UK within a period of five years following the entry into force of the Swiss-UK citizens’ rights agreement.

Family members do not need to be from Switzerland or the EU to be eligible to apply for settled or pre-settled status; they can come from anywhere in the world.

For the purposes of the settlement scheme, family members are defined as:

• Those who are in a relationship with a Swiss national as their spouse, civil partner or unmarried partner (unmarried partners will need a residence card to prove the relationship)
• Those who are related to a Swiss national, their spouse or civil partner as their:

o child, grandchild or great-grandchild under 21 years old
o dependent child over the age of 21
o dependent parent, grandparent or great-grandparent
o dependent relative with a residence card to prove the relationship

Yes, Swiss citizens married to a British citizen will also need to apply. However, UK-Swiss dual nationals must not (and cannot) apply. They already have full rights of residence in the UK.

Indefinite Leave to Enter or Remain (ILR) status will not be affected by the UK leaving the EU, and ILR holders can continue to live in the UK without applying for settled status.

It is advantageous, however, to apply for settled status because it guarantees that your immigration status will be registered with the Home Office and it offers certain more favourable entitlements (for example it will not lapse unless the holder has been absent from the UK for more than four consecutive years, as opposed to the usual two years). If you choose to change your ILR to settled status, the application for settled status should be a simple process and subject only to verification of identity, a criminality check and confirmation of ongoing residence. The application to the scheme is free of charge.

Yes, if you already have a ‘document certifying permanent residence’, you still need to apply for settled status. This should be a simple process, subject only to verification of identity, a criminality check and confirmation of ongoing residence. The application to the scheme is free of charge.

The application for settled/pre-settled status is an online application and consists of three steps:

1. Identity Check: There are three ways to complete the Identity Check. The first option is to use the EU Exit ID document check App on your phone and scan your passport with the App. To be able to do this, you need to have an Android smartphone which has NFC technology. The Home Office expects the App for iPhone to become available during the month of October. The second option is to choose the online + by post method, which means you start your application online on the gov.uk website and at the end you will be asked to send in your passport or ID card to the Home Office. Please note that if you only have a Swiss ID card you have to use the online + by post method. The third option is to start your application by going to one of the local council scanning locations, where they will scan your passport and complete the Identity Check together with you. You will find a list of councils which offer document scanning here.

2. Residence Check: You can complete the Residence Check by using your National Insurance Number. The Home Office will then make an automated check with your tax and benefits records to help confirm your UK residence. If you do not have a National Insurance Number, or if you do not want to use yours, or you do not agree with the result that you receive from the automated check, you can prove your residence by submitting additional documents. A list of documents accepted by the Home Office as evidence of UK residence can be found here. Please be aware that you do not need to provide evidence for your entire UK residence. You only need to show that you qualify for settled or pre-settled status.
3. Criminality Check: The Criminality Check is completed on the gov.uk website as well.

The UK Home Office provides support over the phone or in person if you need help during the online application process (see Question 14).

There will be no physical document evidencing your status. Instead, successful applicants will get proof of their status through an online service.

For further information please visit the UK Home Office website. The guidance is also available in German, French and Italian.

If you encounter any problems during your application or if you have questions about the status of your application, you can contact the EU Settlement Resolution Centre. You can get in touch with them via phone, or you can submit a question to their web query service.

There is also a service provided by the Home Office, called Assisted Digital Service. If you do not have the appropriate access, skills or confidence to complete the online application form, you can contact them for support here.

To support the Swiss Community in the UK, the Swiss Benevolent Society has recently been approved and registered as an Advisor by the Office of Immigration Services Commissioner to help Swiss citizens through the Settlement Scheme application process. If you know of a Swiss citizen who is unable to complete the application and unable to rely on family members, please contact the Swiss Benevolent Society online or by phone on 020 7836 9119 (available Tuesdays and Wednesdays only).

There is a website provided by the European Commission that shows free events happening all over the UK where information on the EU Settlement Scheme is provided.

The settlement scheme has been fully open since the end of March 2019. Swiss citizens and their family members can apply now.

In an orderly Brexit scenario, based on the UK-EU Withdrawal Agreement, the deadline for applying for settled status is 30 June 2021; in a no-deal Brexit scenario it is 31 December 2020.

It is your decision whether you want to use your Swiss or your EU nationality for the application for settled status. When making your decision, you might want to consider the following differences between settled status under the Swiss regime and settled status under the EU regime:

• The Swiss-UK citizens’ rights agreement guarantees the rights of Swiss nationals in the UK in any Brexit scenario (deal and no-deal). The UK has promised in a policy paper that the rights of EU nationals living in the UK are also protected in a no-deal scenario – at present there is however no legal treaty guaranteeing this.
• Swiss settled status is more generous with regards to family reunification of future spouses. Third country nationals who become the spouse of a Swiss national after the end of the transition period (or after 31 October 2019 in a no-deal scenario) can join the Swiss national already living in the UK for a period of up to five years following the entry into force of the Swiss-UK citizens’ rights agreement, whereas the EU Withdrawal Agreement does not foresee such a regulation.
• EU settled status is more generous with regards to the period of absence from the UK. With Swiss settled status you can be absent from the UK for a period of up to four years without losing your settled status; with EU settled status you can be absent from the UK for a period of up to five years without losing your settled status.

There will be no physical document evidencing your settled or pre-settled status. Instead, successful applicants will get proof of their status through an online service.

Once you have been granted settled status, you only need to make sure that you keep your online status up to date. If you receive a new passport or a new identity card, if you change your name, or if you change your email address or phone number, you have to update your status here.

If you have been granted pre-settled status you also have to keep your status up to date. In addition to that, once you have accumulated five years of continuous residence, you have to apply for settled status.

• For further information on settled/pre-settled status, please visit the UK Home Office website. The guidance is also available in German, French and Italian.

• If you would like to find out the latest information on citizens’ rights and settled status, you can sign up to UK Home Office email updates here.

• For support and information on your status, please contact the EU Settlement Resolution Centre
• Information on using your National Insurance Number to confirm your UK residence and list of evidence of UK residence accepted by the Home Office
• Information on application processing times
• Toolkit on the EU Settlement Scheme in German, French and Italian
• Settlement Scheme Employer Toolkit
• Settlement Scheme Community Leaders Toolkit
• Information on social security from the Swiss Federal Social Insurance Office
• DExEU website on Preparing for EU exit: Switzerland
• FAQ section on the website of the European Commission

Swiss citizens will continue to enjoy visa-free travel to the UK in any Brexit scenario.

In case of an orderly Brexit, based on the UK-EU Withdrawal Agreement, the Agreement on the Free Movement of Persons will continue to apply to the UK until 31 December 2020. Swiss citizens travelling to the UK during that time can enter the UK under the same terms as today, using either a valid national identity card or a passport.

The UK Home Office has confirmed that in case of a disorderly Brexit (no-deal scenario), Swiss citizens will continue to be able to enter the UK as now, using e-gates when travelling on a biometric passport, and without a visa. Up until 31 December 2020, Swiss citizens will be able to enter the UK by showing either a valid national identity card or a passport.

Currently the Agreement on the Free Movement of Persons still applies between Switzerland and the UK and Swiss citizens can move to the UK under the terms of this agreement. If they wish to stay in the UK beyond 31 December 2020, they will have to apply for pre-settled status (see Question 7).

The situation applying to Swiss citizens moving to the UK after Brexit depends on whether there will be an orderly Brexit, based on the UK-EU Withdrawal Agreement, or a disorderly Brexit (no-deal scenario). In case of an orderly Brexit the UK’s exit from the EU will be followed by a transition period (see Question 2), currently expected to last until 31 December 2020. During that period, all the bilateral agreements that Switzerland has with the EU will continue to apply to the UK, including the Agreement on the Free Movement of Persons. Swiss citizens arriving in the UK during the transition period can move to the UK under the terms of that Agreement. If they wish to stay in the UK beyond 31 December 2020, they will have to apply for pre-settled status (see Question 7).

In case of a disorderly Brexit (no-deal scenario), the Agreement on the Free Movement of Persons will cease to apply to the UK on 31 October 2019. In that scenario and for an interim period (until 31 December 2020) Swiss citizens can continue to come to the UK under the same terms as today. The European Temporary Leave to Remain (Euro-TLR) scheme will be introduced in case of a no-deal Brexit and it works on a voluntary basis. Euro-TLR will allow Swiss citizens to live, work and study in the UK for three more years from the date it is granted. If they wish to stay in the UK after those three years, they will need to apply for an immigration status under the UK’s future immigration system. Please take note that Euro-TLR is granted for 36 months from the date it is issued.

As the European Temporary Leave to Remain application is voluntary during the interim period (until 31 December 2020), citizens planning to leave the UK before that date are not obliged to apply.

Swiss citizens arriving in the UK after 31 December 2020 will be subject to the UK’s future immigration system.

British citizens who are living in Switzerland with a residence permit obtained under the Agreement on the Free Movement of Persons do not generally need to take any action. They might be called upon to exchange their current permit for another one – if not they must simply apply for a new permit with the cantonal immigration and labour market authorities before the existing one expires.

Please consult the Brexit FAQ of the Swiss State Secretariat for Migration for further questions.

British citizens will continue to enjoy visa-free travel to Switzerland in any Brexit scenario.

In case of a disorderly Brexit (no-deal scenario), the following rules will apply to British citizens in terms of passport validity as of 31 October 2019:
British nationals wishing to enter Switzerland for a short-term stay not exceeding 90 days per 180-day period must be in possession of a travel document that:

• will remain valid for at least three months after the intended date of departure from Switzerland; and
• has been issued within the previous 10 years.

Currently the Agreement on the Free Movement of Persons still applies between Switzerland and the UK and British citizens can move to Switzerland under the terms of this agreement.

You can find more information on moving to Switzerland under the terms of the Agreement on the Free Movement of Persons in the FAQ of the Swiss State Secretariat for Migration.

In case of an orderly Brexit, the UK’s exit from the EU will be followed by a transition period, currently expected to last until 31 December 2020. During that period, all the bilateral agreements that Switzerland has with the EU will continue to apply to the UK, including the Agreement on the Free Movement of Persons. British citizens arriving in Switzerland during the transition period can move to Switzerland under the terms of that Agreement.

In case of a disorderly Brexit (no-deal scenario), the Agreement on the Free Movement of Persons will cease to apply to UK citizens on 31 October 2019. British citizens moving to Switzerland and registering with the authorities for a residence permit after that date will in principle have to comply with the relevant Swiss legislation for third country nationals. As a temporary measure, the Swiss government has decided to introduce a separate quota applying from the day the UK leaves the EU to 31 December 2019, allowing 3,500 British citizens to work in Switzerland. In addition, the Federal Council has approved a Transitional Migration Agreement with the United Kingdom. The agreement provides that after a disorderly Brexit and until 31 December 2020, British nationals would not have to meet all the conditions that third country nationals need to fulfil to obtain access to the Swiss labour market (they could be exempted from the criteria relating to professional qualifications, national preference and economic interest).

You can find further information in the Brexit FAQ and in the FAQ on the Agreement on the Free Movement of Persons of the Swiss State Secretariat for Migration.