As a result of the United Kingdom's withdrawal from the EU (Brexit), the Agreement on the Free Movement of Persons between Switzerland and the EU (FMOPA), as well as Regulations (EC) No. 883/2004 and (EC) No. 987/2009 on the coordination of social security systems, do no longer apply to relations between Switzerland and the United Kingdom since 1 January 2021.
Until a new coordination regime comes into force, the bilateral agreement between Switzerland and the United Kingdom of 1968 is applicable temporarily. This agreement allows in particular social security postings for salaried workers whose assignments begin after 31.12.2020 (see brochure Social Security for Posted Workers - Contracting States - outside EU/EFTA).
Based on the 1968 bilateral agreement, the competent authorities of both States have concluded a derogation arrangement providing for the posting of self-employed workers for a maximum period of 12 months, when they leave to carry out a similar activity in the other State after 31.12.2020. This transitional arrangement applies irrespective of nationality, from 1 January 2021 until the new coordination regime between Switzerland and the UK is applied. The self-employed persons concerned must apply for posting to their OASI compensation fund office.
Protection of acquired rights
In order to regulate the withdrawal of the United Kingdom from the FMOPA and to guarantee the rights that insured persons have acquired under the FMOPA, an agreement on citizens' rights has been concluded between Switzerland and the United Kingdom. This agreement is applicable from 01.01.2021. It maintains the rights arising from the FMOPA for persons who were subject to the FMOPA before 01.01.2021. This agreement has been supplemented by a decision of the Swiss-EU Joint Committee of the FMOPA, which extends the protection of rights to EU nationals and cross-border situations involving the EU: