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Old 16.06.2020, 13:35
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Residency confirmation: constitutive or declaratory system

The EU has confirmed that 13 countries have opted for the so-called “constitutive system” that means Brits will have to apply to secure residency in the country they live, whereas 14 have opted for the “declaratory system”.
A “constitutive system” means Brits have to apply for residency and could face rejection, whereas a “declaratory system” mirrors the current system in place and Brits would (in theory) simply have to register to have their legal status confirmed.


This applies to EU countries for Brits... any idea if it applies in Switzerland?
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Old 16.06.2020, 16:09
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Re: Residency confirmation: constitutive or declaratory system

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The EU has confirmed that 13 countries have opted for the so-called “constitutive system” that means Brits will have to apply to secure residency in the country they live, whereas 14 have opted for the “declaratory system”.
A “constitutive system” means Brits have to apply for residency and could face rejection, whereas a “declaratory system” mirrors the current system in place and Brits would (in theory) simply have to register to have their legal status confirmed.


This applies to EU countries for Brits... any idea if it applies in Switzerland?
It seems we are already in the "constitutive system", regardless of where you come form you need to apply for permanent residency (C Permit) and yes it is possible you could be rejected.
This user would like to thank Jim2007 for this useful post:
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Old 16.06.2020, 16:58
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Re: Residency confirmation: constitutive or declaratory system

Thought this had already been sorted. The Swiss will treat UK nationals as non-EU when the transition period ends, won't they? If so, then they'll need a Swiss employer to apply for a permit for them based on a job offer or enough finances to support themselves without working - so constitutive.

Mind you even EU nationals can be rejected for a permit if they don't meet the requirements to get one. So even they're not totally declaratory.
 

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