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PENSION

Impact of a no-deal Brexit on Swedish pension benefits remains uncertain

The Swedish Pensions Agency (Pensionsmyndigheten) has warned both Brits living in Sweden and Swedes in the UK that Brexit may impact their pensions.

Impact of a no-deal Brexit on Swedish pension benefits remains uncertain
A packed House of Commons during Prime Minister's Questions on Wednesday. Photo: House of Commons/PA/TT
With the UK currently set to leave the European Union on April 12th – although an extension looks likely – the agency said last week that the uncertainty surrounding Brexit has made it impossible to provide any “detailed information on how pensions will be affected both short and long-term.” 
 
UK state pensions rise with the cost of living, and the current pension agreement between EU countries means these rises apply to people drawing British pensions in other EU countries too. In order for this to continue in the case of a no-deal Brexit, the UK would need to introduce a new pension agreement with Sweden. 
 
This is only an issue if the UK crashes out of the EU without a deal. Under the withdrawal agreement previously made between the EU and the UK, but which the British parliament has repeatedly rejected, pensions would be uprated – meaning Brits in the EU would continue to see their UK state pension increased annually.
 
The agency stressed that both Sweden and the UK are “prepared” for a no-deal Brexit and reminded Brits living in Sweden that a number of initiatives have been put in place to accommodate Brits, including a decision by the Swedish Migration Agency (Migrationsverket) to fast-track citizenship applications from UK nationals
 
The Swedish government has also guaranteed a one-year exemption from work and residence permit requirements for Brits already resident in Sweden on the date of a no-deal Brexit, as The Local has previously reported. There's no need to apply for this one-year grace period; the exemption from usual permit laws will apply automatically, but if you plan to travel during that year, you should apply for a passport stamp proving your right of residence.
 
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Although the Pensions Agency’s warning that the ongoing uncertainty surrounding Brexit means it cannot currently provide any concrete information on how the pensions of UK nationals in Sweden might be affected, there was a message of reassurance for Swedish citizens residing in the UK. 
 
“You have the right to receive pensions and benefits that are based on your income regardless of which country you live in,” the agency wrote on its website
 
It added that Swedish citizens in the UK will continue to receive their income-based pension payments “as usual even after Britain leaves the EU.”
 
The agency added, however, that those who have a guaranteed pension (garantipension), a benefit paid to individuals who had little or pension-qualifying income during their working lives, “may be affected” by a no-deal Brexit. The agency said that a number of proposals are being considered that would ensure that pensioners in the UK will continue to receive their guaranteed pension. 
 
For much more about how Sweden is preparing for Brexit, see The Local’s essential no-deal Brexit checklist for the estimated 20,000 Brits living in Sweden.
 
 
 

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BREXIT

Commission official: ‘Up to Sweden how strict it is on Brexit applications’

An official from the European Commission has defended its decision not to take action on Sweden's strict treatment of late applications for post-Brexit residency, arguing that it is up to member states how to apply the Withdrawal Agreement.

Commission official: 'Up to Sweden how strict it is on Brexit applications'

In an email sent to The Local, the official confirmed the latest data, published at the end of last year, which showed that 22 percent of residence applications from UK nationals under the Withdrawal Agreement had not been successful in Sweden. The official said this was similar to the rejection rate for Swedish citizens’ applications in the UK. 

“Through its regular monitoring in Annual reports under Article 159(2) of the Withdrawal Agreement, the European Commission is aware of the fact that Sweden has a high rate of refusal of residence applications under Article 18(1) of the Withdrawal Agreement,” the official said. 

But they said that this in itself did not indicate that Sweden was failing to apply the UK Withdrawal Agreement correctly. 

“As long as there is no indication that a Member State in question is incorrectly applying the Withdrawal Agreement rules, it is not for the Commission to tell Member States how strict or lenient they should be when processing late applications,” the Commission official said.

READ ALSO: Brits in Sweden still in limbo years after Brexit deadline

Two EU lawyers The Local spoke to earlier this summer said that they believed that the Swedish Migration Agency had not been correctly applying the proportionality test to late applications, and had been too narrow in its interpretation of what constitutes “reasonable grounds” for a late application.

They also said that they believed the Migration Agency had been overly strict on what level of employment or savings UK citizens were required to have to qualify as resident in Sweden under EU law, and to therefore be qualified for post-Brexit residency.

SEE MORE: Why did Sweden reject Brits for post-Brexit residency

But the Commission official said that when it came to the late applications at least, Sweden was entitled to take the position it had done. 

“If the host State authorities reach the conclusion that a late applicant did not have reasonable grounds for missing the application deadline, they do not have to deal with the application on substance,” the official said.

“This means that someone who would have qualified for the residence rights under the Withdrawal Agreement might not be granted those rights if they missed the application deadline and did not have a valid reason for doing so.” 

READ ALSO: Is Sweden getting EU law wrong on Brexit cases? 

An unusual high rejection rate, the official continued, did not mean that Sweden was breaking the terms of the EU Withdrawal agreement. 

“The fact that there are negative decisions being taken by Member States under Article 18 of the Withdrawal Agreement (WA) does not, in itself, indicate that those Member States apply the Withdrawal Agreement incorrectly,” they said.

The Migration Agency had carried out a review of refusals, they said, checking a selection for “legal quality”, something The Local has previously reported on.

The Commission had received the Migration Agency’s review, they said, but had yet to complete its analysis of the findings. 

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