Federal Council wants to negotiate exceptions to the free movement of persons
Published: Monday, Apr 8th 2024, 10:21
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Switzerland is holding talks with the EU on immigration and the Agreement on the Free Movement of Persons. The Federal Council wants to negotiate various exceptions with the EU Commission in order to protect the Swiss social system and to be able to continue practicing expulsions.
In the negotiations with the EU, Switzerland is aiming for the full application and regular updating of the Agreement on the Free Movement of Persons (AFMP), as stated in the Federal Council's negotiating mandate. This also means the adoption of the EU Citizens Directive.
Specifically, all EU citizens who work in Switzerland should be granted the right of permanent residence after five years. Currently, this regulation only applies to some EU states, for others the minimum period is ten years. After five years, Swiss nationals are granted the right of permanent residence in EU states, provided they live there.
According to the European negotiating mandate, the EU member states are concerned with upholding the principle of non-discrimination between member states. Exceptions could be negotiated, but these should "not lead to a reduction in the rights that EU citizens currently enjoy under the Agreement on the Free Movement of Persons".
Securing social systems and deportations
Both partners agree that the free movement of persons must not become an "unreasonable burden" on the social welfare systems of Switzerland or the EU member states, as the Federal Council and the EU Commission stated in the Common Understanding. Three groups of people are to be excluded from receiving social assistance.
Firstly, people who do not work during the first three months of their stay. Secondly, people who are not gainfully employed and do not meet the requirement of having sufficient resources to support themselves. And thirdly: people who are looking for work for the first time.
Further exceptions should apply in the area of expulsions. For example, the Federal Constitution is to be respected with regard to criminal expulsions. In addition, people who are unemployed through no fault of their own and do not cooperate in their job search should be able to have their residence terminated.
New ID needed for the EU
The identity cards (ID) currently used by Switzerland do not meet EU requirements, according to the agreement. However, Switzerland would not necessarily have to adapt its ID cards to EU requirements.
However, these permits could no longer be used to exercise the free movement of persons in future. This regulation would only apply eleven years after the amended AFMP comes into force. The current ID cards would therefore continue to be valid for a given transitional period in the EU.
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