More information about the agreement on citizens' rights

Main elements of the Agreement between Switzerland and the United Kingdom on the Rights of Citizens in the field of Social Security

The aim of the agreement is to ensure that everything will be as now for the persons covered by the FMOPA and that the acquired rights will be protected.

Regulations (EC) No 883/2004 and (EC) No 987/2009 shall continue to apply:

  • Nationals of Switzerland and EU states residing and working in the United Kingdom on 31.12.2020
  • British nationals who live and work in Switzerland on 31.12.2020
  • Nationals of Switzerland and EU states residing in Switzerland and working in the United Kingdom on the 31.12.2020
  • Nationals of the United Kingdom and EU states residing in the United Kingdom and working in Switzerland on the 31.12.2020

For these persons, nothing changes as long as they are in a cross-border situation, i.e. as long as there is a connection to both states with regard to the nationality, activity or residence. Cross-border situations in which there is also a link with EU states are also protected, this covers situations other than those mentioned above.

Regulations (EC) No 883/2004 and No 987/2009 continue to apply to: certain persons who are not or no longer in a cross-border situation if they have the right to work or reside in the other State. These are, for example, Swiss nationals who go on working in the United Kingdom at the end of their posting or those who give up their employment in the United Kingdom and continue to reside there.

In concrete terms, this means the following concerning cross-border situations which started before 01.01.2021:

Applicable legislation:

The same State remains competent for social security, collects contributions and provides benefits without discrimination. A1 forms concerning the applicable social security legislation for assignments started before 01.01.2021 remain valid for the duration of the cross-border situation or until the expiry date indicated on the document.

The Mitteilung an die AHV-Ausgleichskassen und EL-Durchführungsstellen Nr. 430 (available in German, French and Italian) explains the protection of acquired rights in the areas of applicable legislation and first pillar benefits.

Health insurance:

Access to health care is guaranteed on a non-discriminatory basis. In the case of residence in the other State, there is still a right to health care at the expense of the competent State. The rights linked to the European Health Insurance Card (EHIC) are maintained for stays (holidays, studies, etc.) in the other country; however, in order to assert the protection of rights in practice, a specific Provisional Replacement Certificate must be requested from the Swiss health insurer.

Cross-border workers, recipients of a Swiss pension or of a Swiss unemployment insurance benefit and posted workers residing in the United Kingdom remain subject to health insurance in Switzerland.

For tourists and students staying in the UK on 31.12.2020, the rights linked to the European Health Insurance Card (EHIC) are maintained for the duration of their stay. However, it is not sufficient to present the EHIC when undergoing medical treatment in the UK after 31.12.2020. A specific Provisional Replacement Certificate covering treatment in the United Kingdom from that date must be requested from the Swiss health insurer.

Pensioners who receive a pension from one State on 31.12.2020 and who reside in the other State and are entitled to reimbursement of healthcare provided by the State paying the pension are still entitled to this reimbursement. Persons who are entitled to a pension based on the aggregation of insurance periods from both countries are still subject to the rules laid down in Regulations (EC) No 883/2004 and (EC) No 987/2009 concerning sickness insurance.

Planned treatments started before 31.12.2020 may be continued after this date and will be reimbursed.

The Federal Office of Public Health's communication of 8 December 2020 provides detailed information (available in German and French):

 

Persons insured for healthcare in the United Kingdom can find information here: Healthcare for UK nationals visiting the EU - GOV.UK (www.gov.uk) and Living in Europe - GOV.UK (www.gov.uk)

Family benefits:

Family benefits will continue to be paid without restriction to children resident in the other State, including children born after 31.12.2020.

Persons who are not in a cross-border situation on 31.12.2020 but who are entitled to family benefits for children residing in the other country are still entitled to family benefits.

Information on the coordination of family benefits between Switzerland and the United Kingdom from 01.01.2021 is provided in the Mitteilung über die Durchführung der Familienzulagen Nr. 38 and in an information sheet (available in German, French and Italian):

Unemployment insurance:

In case of unemployment occurring after 31.12.2020 there is an entitlement to unemployment benefit. If necessary, benefits are
exported for the permitted period in order to look for a job in the other country.

Pension insurance:

If you retire after 31.12.2020, you are still entitled to a pension in accordance with national legislation. Insurance periods completed in the other country are taken into account for the fulfilment of the minimum insurance period and the pension continues to be paid without restriction even in case of residence to the other country. In this case, health insurance cover is also guaranteed by one of the two states.

Disability pensions are also paid in the case of residence in the other state and survivors' pensions are also paid to 

For persons who are not in a cross-border situation on 31.12.2020 but were previously covered by social insurance in the United Kingdom or Switzerland, the periods of insurance completed before and after 31.12.2020 are taken into account for the
acquisition of a Swiss or a British pension. Their pensions can also be exported.

The Mitteilung an die AHV-Ausgleichskassen und EL-Durchführungsstellen Nr. 430 (available in German, French and Italian) explains the protection of acquired rights in the areas of applicable legislation and first pillar benefits.

Last modification 25.01.2021

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