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Old 14.01.2019, 13:38
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Permit for an EU citizen

Here is a question from my friend who is running his small IT business in the UK and wants to relocate to Switzerland before brexit happens.

1. Will he as a British citizen automatically get a five-year permit to live there and run same sort of own business?

2. If not, what are the requirements to satisfy?
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Old 14.01.2019, 13:42
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Re: Permit for an EU citizen

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Here is a question from my friend who is running his small IT business in the UK and wants to relocate to Switzerland before brexit happens.

1. Will he as a British citizen automatically get a five-year permit to live there and run same sort of own business?
I was in this situation and was initially given a 1 year permit B for self-employed persons. It did not allow me to take up employment (other than my own activities).
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Old 14.01.2019, 13:52
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Re: Permit for an EU citizen

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I was in this situation and was initially given a 1 year permit B for self-employed persons. It did not allow me to take up employment (other than my own activities).
That may be an option to start with but my friend is worrying that once the UK leaves the EU the Swiss authorities will no longer be under any obligation to extend that permit for a then non-EU citizen.

Let me reword my question, is there a way to get a five-year permit from the beginning?
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Old 14.01.2019, 13:55
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Re: Permit for an EU citizen

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That may be an option to start with but my friend is worrying that once the UK leaves the EU the Swiss authorities will no longer be under any obligation to extend that permit for a then non-EU citizen.

Let me reword my question, is there a way to get a five-year permit from the beginning?
Yes, with a permanent job contract as an employee. Nothing stopping you switching to self-employment after you have the 5-year permit in your hand.
Or with regular income such as from pensions, invested assets. As long as it is enough to live off each month without the need to fall back on subsistence aid.
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Old 14.01.2019, 14:07
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Re: Permit for an EU citizen

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Yes, with a permanent job contract as an employee. Nothing stopping you switching to self-employment after you have the 5-year permit in your hand.
Or with regular income such as from pensions, invested assets. As long as it is enough to live off each month without the need to fall back on subsistence aid.
Does the permit gained for permanent employment allow to change employers?
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Old 14.01.2019, 14:15
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Re: Permit for an EU citizen

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Does the permit gained for permanent employment allow to change employers?
Yes. You can also quit after a month and sit and do nothing for the next 4 years and 11 months - as long as you have enough money to live off.
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Old 14.01.2019, 14:18
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Re: Permit for an EU citizen

So, do I understand it right that if my friend finds a skilled job in Switzerland before Brexit he will get a permit C which will allow him to run his own business?
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Old 14.01.2019, 14:22
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Re: Permit for an EU citizen

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So, do I understand it right that if my friend finds a skilled job in Switzerland before Brexit he will get a permit C which will allow him to run his own business?
No, they will receive a 5-year permit B if the contract is a permanent one.
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Old 14.01.2019, 14:27
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Re: Permit for an EU citizen

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So, do I understand it right that if my friend finds a skilled job in Switzerland before Brexit he will get a permit C which will allow him to run his own business?
It doesn't even have to be 'skilled'. He can come and work as at McDo.
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Old 14.01.2019, 14:37
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Re: Permit for an EU citizen

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It doesn't even have to be 'skilled'. He can come and work as at McDo.
Does the employer then has to go through any hoops to employ an EU citizen?
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Old 14.01.2019, 14:46
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Re: Permit for an EU citizen

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It doesn't even have to be 'skilled'. He can come and work as at McDo.
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Does the employer then has to go through any hoops to employ an EU citizen?
No, no hoops. But as mentioned earlier, only a B permit if you have a permanent contract. And if you want to go that route, better hurry
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Old 14.01.2019, 14:53
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Re: Permit for an EU citizen

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No, no hoops. But as mentioned earlier, only a B permit if you have a permanent contract. And if you want to go that route, better hurry
OK. And what are the employer's hoops to employ a non-EU citizen (e.g. a Brit after March 2019)?
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Old 14.01.2019, 14:56
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Re: Permit for an EU citizen

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Does the employer then has to go through any hoops to employ an EU citizen?
No that is the whole point of FMOP
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Old 14.01.2019, 15:17
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Re: Permit for an EU citizen

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That may be an option to start with but my friend is worrying that once the UK leaves the EU the Swiss authorities will no longer be under any obligation to extend that permit for a then non-EU citizen.
Switzerland and the UK agreed that they will extent the permits of those people which had permits before Brexit. See https://www.sem.admin.ch/sem/en/home...aq-brexit.html

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OK. And what are the employer's hoops to employ a non-EU citizen (e.g. a Brit after March 2019)?
Many. After the FMOP does no longer apply UK citizen wishing to move to Switzerland are in the same pot as those from Sudan, Kasachstan, Chile, or the USA. This pot has limited permits per year and an employer must show that there is no suitable candidate in Switzerland and all of the EU countries.
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Old 14.01.2019, 15:25
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Re: Permit for an EU citizen

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OK. And what are the employer's hoops to employ a non-EU citizen (e.g. a Brit after March 2019)?
What is outlined here.

https://www.sem.admin.ch/sem/en/home...zulassung.html

Bear in mind that if your friend does get a permanent job and a 5 year B permit that if he wants to change to self-employment say a year into the permit duration this has to be approved by the cantonal migration office and they may then apply non-EU self-employment rules to get a new permit.

https://www.kmu.admin.ch/kmu/en/home...ird-state.html

If he wants to come in as self-employed straightaway he'll still need to show a good business plan and that he has sufficient funds to support himself while the business gets established. It may also be that he'd need a few clients already lined up since just having one wouldn't qualify as being self-employed here.
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Old 14.01.2019, 15:31
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Re: Permit for an EU citizen

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No that is the whole point of FMOP
Forgive me for a newbie question but what FMOP stangs for? Google does not seem to have a clear idea.
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Old 14.01.2019, 15:33
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Re: Permit for an EU citizen

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Forgive me for a newbie question but what FMOP stangs for? Google does not seem to have a clear idea.
Free movement of persons
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Old 14.01.2019, 16:25
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Re: Permit for an EU citizen

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Bear in mind that if your friend does get a permanent job and a 5 year B permit that if he wants to change to self-employment say a year into the permit duration this has to be approved by the cantonal migration office and they may then apply non-EU self-employment rules to get a new permit.
Doesn't the 5-year permit B for employment also allow for self-employment? Mine did.
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Old 14.01.2019, 16:28
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Re: Permit for an EU citizen

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Doesn't the 5-year permit B for employment also allow for self-employment? Mine did.
https://www.kmu.admin.ch/kmu/en/home...s-eu-efta.html

But again, after Brexit he no longer is EU so the different rules will apply.
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Old 14.01.2019, 16:32
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Re: Permit for an EU citizen

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https://www.kmu.admin.ch/kmu/en/home...s-eu-efta.html

But again, after Brexit he no longer is EU so the different rules will apply.
Fair enough but if the permit is issued before Brexit I thought that the old rules would apply until that permit is about to expire. Immigration are not going to be worried if a person on such a permit switches from an employee status to a self-employed status as under the rules of the permit issued this is allowed.
A problem may arise though after 5 years, on that I can agree.

It may be up to the Swiss authorities to write to all British citizens on such a permit to recall/reissue the permit and advise on the new rules.
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