I currently have a Swiss B permit working for a company in Fribourg. Long story short I am wanting to move back to the UK but would like to continue working for the Swiss company. One route I could go down is freelance, which the company are happy for me to do, but before committing to this I would like to explore other options that offer more security. I am wandering if its possible change my current B permit to a G EU/EFTA permit and keep my acquired rights? Can this transition take place to allow me to work from the UK while being employed by the Swiss company? In this FAQ section - https://www.sem.admin.ch/sem/en/home...it/uk/faq.html - it states that employment in Switzerland as a cross-border commuter is a protected right, but I am not sure about when transitioning from a B to a G in todays climate.
Any help will be much appreciated, the company's HR department is looking into this but I would also like to check to understand where I stand.
Agreed, if my permit transfer was to be processed as a fresh application to Swiss immigration. But because I already have a B permit, with acquired rights, including the right to be a G permit holder, my thinking and hope is that my application might not come under the current Foreign Nationals and Integration Act conditions.
Interesting question. I don't think acquired rights means the right to request a different type of permit, except for the C which is a natural extension of the B. I think it's the right to keep the permit you already had when Brexit took place, in your case a B permit.
From your link (emphasis mine): "Acquired rights depend on the residence status or type of activity exercised in Switzerland under the terms of the AFMP ."
When the AFMP was in place, you had a B permit and were allowed to keep it. You didn't apply for a G permit back then. The UK is not in the EU anymore, and the interim agreement expired December 2020. Given those bits of information, I don't see how the UK would qualify as a cross-border location for a fresh G permit issued in 2022. Someone already on a G permit and living in the UK as of December 2020 would be fine. At least that's how I interpret the wording.
Why not contact the cantonal authorities and ask them about how G permits work for UK nationals now?
So are you proposing to commute weekly from the UK to Switzerland and then go back to the UK for weekends? Because this is what a cross-border permit means. Not that you are working remotely and not coming to Switzerland at all.
As for cross border for non-EU nationals, well that would require you to have permanent residency in a country bordering Switzerland and that usually takes at least 5 years to get; plus you must live in a border zone for at least six months. Fribourg would not qualify for that as it’s too far from any border zone.
Or do you mean actual residency? The 5 years is to acquire permanent residence in a country which is one of the requirements for non-EU nationals to be able to get a G permit. Actual place you live in a border zone is at least 6 months for all non-EU nationals.
“Third-country nationals will only be given a cross-border commuter G-permit, if they have a permanent residence permit in a neighboring country. They also need to have had their residence in the neighboring country’s border zone for at least six months and fulfill the labor market requirements. G-permits are usually valid for one year, and are limited to the border zone of the issuing canton. Third-country border commuters require permission to change jobs.”
UK nationals coming to Switzerland to work from 1 January 2021 can only be admitted as cross-border commuters if they have lived for at least six months in a neighbouring country and within the border area (see Section 4.8.3 FNIA guidelines in German, French and Italian – not available in English). Their place of work in Switzerland must also be within the border area. More information can be found here: Section 4.4.12 FNIA guidelines (in German, French and Italian – not available in English).
You originally posted just two words: 'link please', which is what I quoted. You subsequently (and after I posted) added a whole lot of irrelevant waffle to your post.
My point was, you said in an earlier post that all non-EU nationals need permanent residence status in a bordering country to obtain a G permit. This is not the case for UK nationals. There is a separate rule, which I have already linked to. You need 6 months residence - and the type of residence status is entirely irrelevant.
Interesting difference. Though looking at those actual sections of the law it doesn’t say anything about the type of residency needed in a neighbouring country for any non-EU nationals - weird.
I've been through the process (post-transition period) - and all the Swiss required was a confirmation of residence from the bordering country where it states from what date you were registered there, nothing else is checked.
However the 6-month rule means a smooth transition from a B permit (or a C permit) to a G permit is definitely no longer possible for UK nationals who want to switch residence to a bordering country - they'd have to stop working in CH for 6 months. So this is a clear disadvantage acquired from Brexit.
I would be super surprised if you would get a G permit living in the U.K. - especially now the U.K. is not in the EU. It would be like getting a G permit to live and work from home in the USA.
You should email the SEM and ask for an official answer in writing.