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BREXIT

Eight key scenarios: What Brexit means for you depending on your situation

With Brexit currently scheduled to take place on October 31st and no deal agreed, here's a look at the different ways British citizens in Sweden could be affected, depending on their different situations.

Eight key scenarios: What Brexit means for you depending on your situation
Flags fly during a pro-EU demonstration in the UK. Photo: AP Photo/Frank Augstein/TT

As you know, Brexit is currently in a state of flux. New regulations are expected to be put forward by the Swedish government which could affect some of the information below. We are aware that there are many different scenarios, and if your situation is not addressed in this article, please feel free to email us. In the meantime, here's a list of eight useful websites which may have more information

This article was written on the request of a Member of The Local. To become a Member and help influence our editorial decisions, click here to read more, or if you are already a Member, tell us which story we should cover next.

Sweden has guaranteed a one-year 'grace period' following any no-deal exit, during which all Brits already living in the country would retain their rights to live, work, and obtain healthcare and any other benefits in Sweden without needing a residence permit. If nothing changes they will be treated as third-country nationals after these 12 months, but the government has said work is under way to review the rules, including “the legal possibilities for continuing to live and work in Sweden even after the exception has ceased to apply”.

In the meantime, there are two key things that most Brits in Sweden need to be aware of.

Firstly, during the grace period, the exemption from the need for a residence permit would apply automatically, but British citizens planning travel within that year are advised to apply for a passport stamp to ensure they can return to Sweden without problems. This will be provided free by the Swedish Migration Agency if and when it becomes clear that the UK will leave the EU without a deal, and the Migration Agency has previously said it hopes to process applications for stamps within one week.

Secondly, Brits are advised to apply for a residence permit during the one-year grace period, since after this time they will be subject to the current requirements for third-country citizens. 

Here are the details on exactly what that means for you, depending on your specific situation.

Brits with Swedish citizenship

British citizens in this group are the most secure in terms of their rights to continue their lives in Sweden.

Even in the event of a no-deal Brexit, Swedish citizenship means they will retain their rights to live and work not just in Sweden indefinitely, but also to exercise freedom of movement as an EU citizen.

That means, for example, that moving elsewhere within the EU for work or other reasons would not require a visa or permit, and it also means there is no need to apply for the passport stamp mentioned above or for any residence permit after the grace period.


A Swedish passport is one way Brits can retain the same rights they currently enjoy as EU citizens. Photo: Photo: Fredrik Sandberg/TT

Brits with a Swedish partner

If a no-deal Brexit occurs, the current guidance is that British citizens will need to apply for residency as third-country nationals. These applications should be made during the one-year 'grace period'.

Brits with a Swedish partner would be eligible for a so-called family permit, and these permits can be granted to people whether they are married or simply cohabiting (or plan to cohabit) with their Swedish partner. These applications typically include a questionnaire for both the Swedish partner and the third-country partner, as well as an interview about the relationship.

It's also worth knowing that Brits who are married to or sambos with a Swedish citizen can apply for Swedish citizenship after just three years living in the country, as opposed to the usual time limit of five years.


British Prime Minister Boris Johnson has said he's committed to Brexit, with or without a deal, on October 31st. Photo: AP Photo/Frank Augstein

Brits with an EU partner

If your partner is from an EU country other than the UK or Sweden, you would also be eligible to apply for a family permit under current migration laws. 

The EU partner would not need to do anything to ensure their own right to remain in Sweden, but in order for a non-EU family member to be granted a residence permit, the EU citizen would need to show that they meet the requirements for right of residence in Sweden through work, studies or private income/capital.

If the EU partner does not meet these requirements, the British partner would need to apply for another kind of residence permit, for example a work permit.

Brits with a third-country partner

In families in which one partner is a third-country national and the other is British, and the couple moved to Sweden using the British partner's freedom of movement as a European citizen, both partners will be affected by Brexit.

Both British citizens and any non-EU family members are advised to apply for the passport stamp during the one-year grace period in order to ensure they can return to Sweden after travelling overseas.

After a no-deal Brexit, both partners would need to apply for a residency permit in order to remain in Sweden following the one-year grace period. If neither partner will have been in Sweden for five years at this point, this will likely mean one or both partners getting a work permit. Non-EU family members of people with work permits in Sweden are eligible for a permit as their family member.

It's not only British citizens whose rights will be affected by a no-deal Brexit, but potentially their partners and children too. Photo: Photo: Miriam Preis/imagebank.sweden.se

Brits who have moved recently

People in this category face the most precarious situation in the event of a no-deal, particularly if they don't have a Swedish or EU partner.

During the one-year grace period, Brits have been advised to apply for any residency permit they are eligible for, which would most likely be a work permit unless special legislation is passed.

Brits who have lived here more than five years

Most Brits who moved to Sweden over five years ago will be eligible for either citizenship or permanent residency. Almost everyone who has been legally resident in Sweden for five years is eligible for permanent residency, while there are a few more conditions for citizenship. It is highly recommended to apply for whichever of these you are eligible for.


New Swedes take part in a citizenship ceremony at Stockholm's city hall. Photo: Lars Pedersen/TT

British students

Like others, British students will be able to use the one-year grace period to apply for a student permit.

Usually, non-EU students pay tuition fees in Sweden, but the Swedish government has prepared legislation which would exempt UK nationals from paying student fees until 2022, if the student was either admitted to that course before the date of a no-deal Brexit, or already had residence in Sweden by that date. This legislation would come into force after a no-deal Brexit.

Retired Brits

British pensioners living in Sweden who do not fall into any of the above categories face two main concerns: right of residency and pensions.

At the time of writing, it is unclear which options would be open for self-supporting Brits, including pensioners, in terms of residence permits.

As for pensions themselves, 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.

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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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