British B-Permit to C-Permit (Brexit)

Visas, Permits, Passports and Naturalization
1
Hi guys!

Does anyone know if we apply for a C-Permit as a British citizen (with a pre-Brexit B-Permit with the "in accordance with UK-CH Agreement" on the back), will we continue to have the same protected EU rights?

For instance, non-EUs with C-Permit still have to provide loads of additional documents in order to be able to move canton, which EU C-Permit holders do not.

If you‘ve applied for a C-Permit (in Canton ZH or GE) after Brexit does your permit still mention "in accordance with UK-CH Agreement" too?

Your help is greatly appreciated. Thank you.

2
C permit isn't covered by EU-Switzerland agreements.

3
Yes, but EU citizens have the inherent right to geographic mobility across Switzerland that Non-EU C-Permit holders do not have.

For instance Genève states: Nationals from an EU/EFTA country must announce their arrival at least 30 days before and no later than 14 days after their arrival.

Nationals from a country not a member of the EU/EFTA must request permission to change cantons 3 months before the desired arrival date.

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So if I would upgrade to a C-Permit, would I still be in the first category or the second? Currently with a B-Permit under the Withdrawal Agreement - I can just up and move canton tomorrow. I wonder if with a C-Permit I would lose those rights.

4

C permit holders don’t need to get the permission to move to another canton beforehand. It’s only required for L and B permit holders, see Art. 37 AIG: https://www.fedlex.admin.ch/eli/cc/2007/758/en#art_37

5
Although C permits are regulated by the AIG, the C permits still state whether someone is an EU person or not (for example, my spouse and I both have C permits, but I am EU and he is not).

Where this could matter are those rare instances where someone's C permit is "downgraded" (Art. 58a AIG); the B they get afterwards is either EU or non-EU, and there is a difference in rights they each give.

6
Having a C permit allows you to begin the naturalisation process. If you achieve that you remove the stigma of being non-EU/EEA.

7
The idea of the Citizens' Rights Agreement (primary text attached) is that British citizens living in Switzerland before Brexit should be largely treated as quasi-EU citizens. C-permit after 5 years is one of the terms:

(my bold in both cases)

and the whole of Article 16 (which is too long to paste here)

The criteria for the C permit (especially proof of language skills) are the same as for any other person applying for a C permit (with the exception of a handful of European countries that have pre-existing treaty waivers for language skills).

Just double check that your C permit has the wording about the agreement of 25 Feb 2019 on the back - some migration offices are not aware that it makes a difference to your rights.