Asking for a friend. Anyone has had experience with acquired rights under Citizens' Rights Act (bilateral agreement between the UK and Switzerland), and in particular under a student permit?
The CRA defines who are eligible for acquired rights in Switzerland as UK nationals who exercised their right of immigrating to Switzerland under certain articles of the Free Movement of Persons before Brexit took effect (1.1.2021), including Art. 24 of Annex 1, which regulates stays without work, including stays for studies.
The SEM websites indicates that British citizens in Switzerland with acquired rights under the CRA should have this mention on their residence permit after renewal: "In accordance with the CH-UK agreement of 25.02.2020"
My friend arrived in summer 2020, before the deadline of 31.12.2020, under a student B permit. According to the CRA, they should have acquired rights (and therefore be treated as EU). But they never got this mention on their permit when renewing, and their latest renewal notice and invoice for residence permit clearly says Drittstaat.
So we are wondering, might it just be a mistake, or are migration authorities interpreting the CRA as excluding students?
Anyone has specific knowledge or experience of this?
I don't have much to add, but I know of a few students that were granted their C permits after 2021 for having been in the country for 5 years as an EU citizen. So for them, they were treated as EU after the fact in terms of their permits.
Ask the permit issuer to reissue the permit with the correct wording. Had to do this when renewing my OH's C permit earlier this year. Not everyone in the offices knows they have to add the wording, especially in areas with few Brits.
The CRA does provide for changes of status, although last time I looked, the SEM was still denying this in their FAQs. I know of a couple of cases where people have had/are having problems.
Update for those who might be in a similar situation and read this:
Friend called immigration, initial person didn't know for sure but assumed they weren't entitled to change of status. They directed them to e-mail the person in that canton who's dealt with all the Brexit stuff.
Friend has now gotten written confirmation from them that indeed, their permit should have had the "In accordance with the CH-UK agreement of 25.02.2020" on it, and that they indeed have "acquired rights" under the agreement, and fully entitled to change of status.