If the UK opts for a disorderly withdrawal from the EU in respect of BREXIT and no agreement is reached on immigration arrangements between Switzerland and the UK, then the current practice of Swiss-based employers hiring British citizen workers without quota restrictions in Switzerland will be disrupted.
To prepare for the above scenario in respect of BREXIT, the Swiss Federal Council intends to allocate separate work permit quotas to British citizens from March 30, 2019. The quotas, to be released quarterly, are slated to include 2100 B long-term permits and 1400 L short-term permits, which would be applicable from March 30 to December 31, 2019.
British citizens who relocate to Switzerland for work for the first time would be subject to the above quota restrictions as well as the Act on Foreign Nationals and Integration (similar to Non-EU/EFTA nationals). Swiss-based employers would thus need to take into consideration the work permit quota contingency for British citizen work-arrangements in Switzerland (and also determine alternatives where work permit quotas are not available).
On a positive note, British citizens already legally residing in Switzerland would remain protected under the Agreement on Free Movement of Persons (AFMP), and thus, the quota would not necessarily apply to them.
Where a withdrawal agreement on immigration arrangements is reached between the UK and Switzerland, a transitional period would ensure that the AFMP would continue to apply for an extended time, such as until the end of 2020. During this transitional period, Swiss-based employers would be able to continue hiring British citizens without the above noted quota-restrictions as new bilateral agreements are formed between Switzerland and the UK.
For the present time being it is uncertain whether or not there will be a BREXIT deal and whether a withdrawal agreement will be reached between the UK and Switzerland in respect of immigration arrangements. Swiss-based employers should plan accordingly and stay apprised of developments in this regard.
If you have any questions, please feel free to contact your Graham Adair representative. For more frequent updates, please follow us on Twitter (@GrahamAdairLaw).