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Old 30.05.2021, 21:06
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Obligatory health insurance in post-brexit times

I'm an EU citizen, tele-working for a British company. Last year (2020) I came to Switzerland and worked from here for ~6 months. I registered for a short-term permit and applied for exemption on the obligatory health insurance, as I was having state health insurance from the UK (place-of-employment rule in EU regulation), which was granted just fine.

At the boundary of the year, I moved temporarily to Poland (after deregistereing in Switzerland). Initially, I was planning to return to the UK at the beginning of 2021 but in the end I ended up coming back to Switzerland (I'm planning another stay of 6-8 months). I registered again but this time, the exemption wasn't granted on the basis that I came to Switzerland after 1.1.2021.

1. Was the decision correct? Reading this guide, I think I should have the acquired rights as I was in a UK+another country situation all the time, although I'm not clear if the fact I'm not British matters.
2. If it wasn't, how do you complain about a decision to refuse exemption for obligatory health insurance? The decision itself doesn't mention any route for complaint about it. Should it mention it?
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Old 30.05.2021, 21:13
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Re: Obligatory health insurance in post-brexit times

The normal limit for a temporary stay without a visa or permit is 90 days in every 180.

I guess they gave you a fixed-term exception the first time, but as you're now back a few months later why would they do that again?
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Old 30.05.2021, 22:27
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Re: Obligatory health insurance in post-brexit times

It wasn't an exception; EU citizens have unlimited freedom of movement rights. I haven't had a problem registering either time.
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Old 30.05.2021, 22:36
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Re: Obligatory health insurance in post-brexit times

Now the U.K. is no longer part of the EU the health care rules have probably changed. For example Switzerland no longer accepts U.K. EHIC cards. If you left Switzerland and came back after Brexit you forfeit any pre-Brexit rights.
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Old 30.05.2021, 22:42
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Re: Obligatory health insurance in post-brexit times

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If you left Switzerland and came back after Brexit you forfeit any pre-Brexit rights.
I guess the question is: should it be "left Switzerland" or "left EU"? The website I cited says:

"Cross-border situations in which there is also a link with EU states are also protected, this covers situations other than those mentioned above.", which isn't super clear to me.
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Old 30.05.2021, 22:59
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Re: Obligatory health insurance in post-brexit times

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I guess the question is: should it be "left Switzerland" or "left EU"? The website I cited says:

"Cross-border situations in which there is also a link with EU states are also protected, this covers situations other than those mentioned above.", which isn't super clear to me.
Switzerland has a direct agreement with the U.K. separate to the EUís. It says if you leave Switzerland, you lose your rights and they canít be got back at a later date.

https://www.sem.admin.ch/sem/en/home...it/uk/faq.html
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Old 30.05.2021, 23:15
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Re: Obligatory health insurance in post-brexit times

Switzerland isn't part of EU. So, the first time you got an exception based on Switzerland<>EU agreements, than left Switzerland and used either purely EU rights of movement or some EU<>UK agreements. And now you need special agreements between Switzerland<>UK because it happens post-Brexit or even 3-side agreements Switzerland<>EU<>UK. I doubt that they exist. And even though there are many agreements between EU and Switzerland, it doesn't mean that having an exception in EU will somehow extend it to Switzerland...
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Old 31.05.2021, 12:32
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Re: Obligatory health insurance in post-brexit times

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Switzerland has a direct agreement with the U.K. separate to the EUís. It says if you leave Switzerland, you lose your rights and they canít be got back at a later date.

https://www.sem.admin.ch/sem/en/home...it/uk/faq.html
The site you are pointing to refers only to the UK nationals. I dug deeper and found decision 1/2020, which says the opposite:

- ďStates coveredĒ means the Member States of the Union and Switzerland;
- The persons referred to in paragraph 1 shall be covered for as long as they continue without interruption to be in one of the situations set out in that paragraph involving both one of the States covered and the United Kingdom at the same time.

This decision is the 3-side agreement that IFL was looking for.

However, it only applies to the UK nationals. I suspect there's a corresponding agreement for the EU nationals, as it would make sense, but I am still digging.
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