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Old 26.03.2021, 20:04
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Change of Canton, British Citizen with B permit

I am moving to Valais from Zurich, hold a Permit B (obtained prior to 31.12.2020, with EEA protected rights). The commune in Valais is asking that I apply for permit to change cantons as a 3rd country national, are they missing something or am I?
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  #2  
Old 26.03.2021, 20:32
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Re: Change of Canton, British Citizen with B permit

The citizens rights agreement PDF says https://www.sem.admin.ch/sem/en/home...ne-rechte.html

"Article 19 Rights of employed and self-employed persons exercising a residence right and of their family members
1. Employed persons and self-employed persons (within the meaning of Articles 6 and 12 of Annex I to the FMOPA) who are residing on the basis of this Agreement in the territory of the host State shall:
(a) have the right to occupational and geographical mobility throughout the territory of that State as set out in Articles 8 and 14 of Annex I to the FMOPA respectively; and
(b) enjoy equal treatment with the nationals of that State as set out in Articles 9 and 15 of Annex I to the FMOPA respectively."

But I can't find Articles 8 and 14 of Annex I to the FMOPA
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Old 26.03.2021, 21:10
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Re: Change of Canton, British Citizen with B permit

For non EU citizen with B permit, Kanton change needs to be requested - because (I think) every Kanton has its own quota for non EU workers.

In your case, an argument for the action requested by Wallis (Valais) can be
- your permit was issued by Zurich pre-Brexit - so no impact on Zurich non-EU quota
- post Brexit - your attempt to move to another Kanton will impact the non EU workers quota at both the source (-) and destination Kantons (+)

I did not find any direct evidence for the above argument.

However : I found a statement in the Q&A no 3 here : https://www.sem.admin.ch/sem/en/home...it/uk/faq.html

"In Switzerland the cantons are responsible for issuing residence permits."

But that's it.

Since there is nothing very specific in the above link : you can request for a clarification. I am sure they will provide you with a response. At the end of the day : you will anyway have to follow the process dictated by them.

So, I am asking myself : is there any point asking for a clarification when you anyway have to follow their process ?

All the best

S
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Old 26.03.2021, 21:22
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Re: Change of Canton, British Citizen with B permit

No quota nor canton change request applies to you as you are treated as an EU national (and so enjoy full mobility in CH) so long as you remain resident in CH given that your pre-Brexit rights are protected.

The commune is clueless, irrelevant and is not the decision maker. Simply insist they do their job which is executing the transfer of your file to the cantonal migration authority. The latter would have received guidance from the SEM on rights of pre-Brexit UK nationals in CH and also have a legal department to support their decisions.
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Old 26.03.2021, 21:24
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Re: Change of Canton, British Citizen with B permit

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The citizens rights agreement PDF says https://www.sem.admin.ch/sem/en/home...ne-rechte.html

"Article 19 Rights of employed and self-employed persons exercising a residence right and of their family members
1. Employed persons and self-employed persons (within the meaning of Articles 6 and 12 of Annex I to the FMOPA) who are residing on the basis of this Agreement in the territory of the host State shall:
(a) have the right to occupational and geographical mobility throughout the territory of that State as set out in Articles 8 and 14 of Annex I to the FMOPA respectively; and
(b) enjoy equal treatment with the nationals of that State as set out in Articles 9 and 15 of Annex I to the FMOPA respectively."

But I can't find Articles 8 and 14 of Annex I to the FMOPA
https://eur-lex.europa.eu/LexUriServ...30(01):EN:HTML

Annex I

Article 8

Occupational and geographical mobility

1. Employed persons shall have the right to occupational and geographical mobility throughout the territory of the host state.

2. Occupational mobility shall include changes of employer, employment or occupation and changing from employed to self-employed status. Geographical mobility shall include changes in the place of work and residence.

Article 14

Occupational and geographical mobility

1. Self-employed persons shall have the right to occupational and geographical mobility throughout the territory of the host state.

2. Occupational mobility shall include change of occupation and changing from self-employed to employed status. Geographical mobility shall include changes in the place of work and residence.
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Old 26.03.2021, 21:34
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Re: Change of Canton, British Citizen with B permit

As far as I can make out Brits keep the rights they had under Free Movement Agreement during the transition period until 2025 if they were already resident here before 1st January 2021. So you should just be able to request a new permit without falling under the non-EU quotas.

Have a look at the various links on this

https://www.sem.admin.ch/sem/en/home...ne-rechte.html

If still in doubt then contact SEM; I've found them very helpful in answering queries. And remember cantonal migration offices don't always get things right.
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Old 26.03.2021, 21:40
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Re: Change of Canton, British Citizen with B permit

If you're employed, your company may also be able to help with a letter to the local authority pointing out their mistake.
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Old 27.03.2021, 11:42
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Re: Change of Canton, British Citizen with B permit

As the others have pointed out, as your permit was issued before 31.12.2020, you are covered by the UK-CH citizens' rights agreement and therefore retain your occupational and geographic mobility rights.

Here's the French version of the CRA that you can show to your commune. The relevant article you need is Article 19:
https://www.fedlex.admin.ch/eli/fga/2020/228/fr

And you can reach the English version via the link Medea_Fleecestealer included two posts up.

If you continue to have problems with the commune after showing them the CRA and the relevant clauses of the FMOPA that newtoswitz cited above, drop me a PM as I'm British in Europe's representative in Switzerland. We have regular meetings with the embassy and we need to know if the CRA isn't being implemented properly and if the information isn't reaching the coalface.

We have a Facebook page (British in Switzerland) where you can also post questions.

Last edited by eng_ch; 27.03.2021 at 11:57.
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Old 27.03.2021, 11:54
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Re: Change of Canton, British Citizen with B permit

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In your case, an argument for the action requested by Wallis (Valais) can be
- your permit was issued by Zurich pre-Brexit - so no impact on Zurich non-EU quota
- post Brexit - your attempt to move to another Kanton will impact the non EU workers quota at both the source (-) and destination Kantons (+)
I'm afraid this is not correct for UK citizens.

a) Brits whose CH permits were issued prior to 31.12.2020 are covered by the UK-CH citizens' rights agreement under which they have acquired rights, which means they should still be treated in the same way as they were when the UK was still a member of the EU. This is the sole argument the OP needs to exercise their rights.

b) There is a quota of permits in 2021 that is ring-fenced for UK citizens who are new to Switzerland from 1 January this year (2100 B and 1400 L) that is quite separate from the ordinary pooled quota for all other non-EU nationals.
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Old 31.03.2021, 00:52
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Re: Change of Canton, British Citizen with B permit

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No quota nor canton change request applies to you as you are treated as an EU national (and so enjoy full mobility in CH) so long as you remain resident in CH given that your pre-Brexit rights are protected.

The commune is clueless, irrelevant and is not the decision maker. Simply insist they do their job which is executing the transfer of your file to the cantonal migration authority. The latter would have received guidance from the SEM on rights of pre-Brexit UK nationals in CH and also have a legal department to support their decisions.
Yes, I thought as much. Itís a small commune. I have even attached the guidance about UK-CH agreement to no avail. I guess they will send it off to migration in Wallis who will know what to do.
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Old 31.03.2021, 07:20
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Re: Change of Canton, British Citizen with B permit

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Yes, I thought as much. Itís a small commune. I have even attached the guidance about UK-CH agreement to no avail. I guess they will send it off to migration in Wallis who will know what to do.
Ring the office in Sion, they ultimately issue the permits and make the decision. They can call the commune if the commune have it wrong.
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Old 10.04.2021, 16:01
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Re: Change of Canton, British Citizen with B permit

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Ring the office in Sion, they ultimately issue the permits and make the decision. They can call the commune if the commune have it wrong.
I have done that, they replied same day and instructed the commune accordingly. Very efficient.
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Old 10.04.2021, 16:02
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Valais; change of canto

Submitted an EU change of canton application and registration in Valais. They collected our old permits and told us they will issue new ones. Anyone have any idea how long this takes (also in other cantons)?
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Old 10.04.2021, 16:41
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Re: Valais; change of canto

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Submitted an EU change of canton application and registration in Valais. They collected our old permits and told us they will issue new ones. Anyone have any idea how long this takes (also in other cantons)?
It's not the canton but the commune who issues them. When we moved to VS, commune Troistorrents, we had to go there in person, was all done on the spot. We already had C permits though, so it was a mere formality, might be different on a B, plus if course in Covid times I'm sure it will all be done by post.
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Old 10.04.2021, 20:25
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Re: Change of Canton, British Citizen with B permit

Seems they are sending everything to Canton in Sion. More papers than I initially needed to get the work permit!:!
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