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BREXIT: Switzerland and UK Conclude Agreement on Mobility of Service Suppliers

Switzerland and the United Kingdom have secured an agreement on services.

The Service Mobility Agreement (SMA), which will be signed on 14 December 2020 and enter in to force from 1 January 2021, will be valid initially for two years.

It allows service suppliers, such as management consultants, IT experts or engineers, to continue travelling freely between Switzerland and the UK and work for up to 90 days per year, without the need for visas, economic interest tests, work permits, evidence of language skills or lengthy processing times.

In concrete terms, this means that Switzerland will continue to offer the 90-day notification procedure in the following situations:

  • Persons seconded by companies based in the UK, irrespective of their nationality. For third-country nationals and EU/EFTA nationals who are posted to Switzerland from the UK for the purpose of cross-border services, the notification procedure is only applicable if they were already permanently (i.e. for at least 12 months) admitted to the regular UK labour market before their secondment to Switzerland.
  • Self-employed cross-border service providers with company headquarters in the UK who are UK citizens.EU/EFTA nationals who are registered as self-employed workers in the UK should therefore normally no longer benefit from the 90-day notification procedure.

The existing Swiss 8-day exemption rule for sending companies based in the EU/EFTA will continue to apply. Applicants employed outside Switzerland who will be working in Switzerland for up to eight days per calendar year per company or per self-employed worker may not need to obtain work permits or complete a 90-day notification.

Our Advice

  • With offices strategically located in Geneva, Newland Chase Switzerland provides corporations and individuals operating in Switzerland with complete support for all their immigration and visa needs – inbound to Switzerland and outbound to more than 190 countries around the world. Our full spectrum of services allows us to manage all of your business visa and employee immigration needs.
  • With the complex, fast-changing nature of Brexit, and the potential impact on employers, Newland Chase has formed a dedicated Brexit Team to address employers’ concerns and support them throughout this turbulent time.
DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.