EXPLAINED: What Brits need to know about Sweden’s new post-Brexit bill

On November 11th, Sweden's parliament voted in favour of a key post-Brexit rights bill which would see British citizens and their families granted a new residence status. The Local looks over what's included.

EXPLAINED: What Brits need to know about Sweden's new post-Brexit bill
As of December 1st, Brits should be able to apply for a new residence status if already living legally in Sweden. File photo: Bench Accounting/Unsplash

What's happening?

On Wednesday, the Swedish parliament voted in favour of a bill meant to protect British residents' right to stay in Sweden after 2020.

This was the last stage of the legal process before this becomes law, and it is now set to come into effect from December 1st.

What are the proposals?

After the UK left the EU on February 1st, 2020, it entered a so-called transition period during which UK nationals retained the same rights as before to move to, live in, and work in Sweden. This transition period is scheduled to end on December 31st, 2020, after which EU law will no longer apply to Brits.

These proposals regulate what will apply to Brits in Sweden after that. The government has proposed that British citizens who have moved to Sweden before the end of the transition period should be required to apply to the Swedish Migration Agency for a new residence status, granting them many of the rights they currently enjoy as EU citizens. You can read more about the new status on the Migration Agency website.

That includes the right to work and access healthcare, for example, under the same rules as EU citizens. The government also proposes that the Migration Agency issue documents to cross-border workers (for example, those Brits who are working in southern Sweden but commuting from their home in Denmark). 

People walk past a Migrationsverket office. Photo: Janerik Henriksson / TT

What will I have to do to get my residence status?

Under the new law, British citizens will need to apply to the Migration Agency for the residence status, which would be in the same form as a residence permit card. This is different from countries which have chosen a registration model, meaning Brits already living in the country simply need to inform authorities of their residence.

Depending on whether you have been in Sweden for less than or more than five years, you will be granted either temporary or permanent residence. It would be free to make the application.

To prove you are legally resident, you do not need to have a personal number; the Swedish Migration Agency has previously told The Local you can use “any type of documentation”.

This could be proof of having paid rent, proof of the date you travelled into Sweden, or a job contract, although the Swedish personal number (a social security number) is the easiest way to prove your residence. Brits who arrived in Sweden as job-seekers might have registered with the Public Employment Agency and received a coordination number.

In order to be legally resident, you must meet one of the following categories: being employed or self-employed in Sweden; job-seeking (for up to six months); be a family member of another person who is legally resident (such as a non-British EU citizen, Swedish citizen, or work permit holder); have sufficient assets and health insurance to provide for yourself; or have lived legally in Sweden for at least five years, in which case you no longer need to meet any of the other requirements to continue to have right of residence.

You do not need to be physically in Sweden at the end of the transition period as long as you meet the criteria for being legally resident; welcome news perhaps to anyone whose Christmas or travel plans are uncertain due to the impact of the coronavirus pandemic.

When does the law come into effect?

The proposals are set to come into effect on December 1st, 2020.

Although the transition period ends on December 31st, that would not be the deadline for Brits to apply for their new residence status. The government proposed a ten-month application period, meaning Brits would have up until the end of September 2021 to apply.

What if I want to apply for Swedish citizenship, will the new residence status 'restart the clock'?

To apply for Swedish citizenship, foreign nationals must have been living in Sweden for five years, or three years if they are living with a Swedish spouse or partner and have been doing so for at least two years.

Usually, a permanent residence status is a prerequisite for non-EU citizens to apply for citizenship.

Under the proposals, there would be an exemption for British citizens who moved to Sweden before the end of the transition period. For the purposes of applying for citizenship, the post-Brexit residence status would be considered equivalent to permanent residence status.

What if I want to move to Sweden after December 31st, 2020?

In that case, the same rules would apply for Brits as currently apply for other non-EU citizens, barring any future law changes.

That means you would need to apply for and receive a residence permit (for example, a work permit or a permit to join a family member in Sweden) in order to be able to move to Sweden.

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How Europe plans to ease long-term residence rules for non-EU nationals

Non-EU citizens living in the European Union are eligible for a special residence status that allows them to move to another country in the bloc. Getting the permit is not simple but may get easier, explains Claudia Delpero.

How Europe plans to ease long-term residence rules for non-EU nationals

The European Commission proposed this week to simplify residence rules for non-EU nationals who live on a long-term basis in the European Union.

The intention is to ease procedures in three areas: acquiring EU long-term residence status, moving to other EU countries and improving the rights of family members. 

But the new measures will have to be approved by the European Parliament and the EU Council, which is made of national ministers. Will EU governments support them?

What is EU long-term residence?

Non-EU citizens who live in EU countries on a long-term basis are eligible for long-term residence status, nationally and at the EU level. 

This EU status can be acquired if the person has lived ‘legally’ in an EU country for at least five years, has not been away for more than 6 consecutive months and 10 months over the entire period, and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as passing a test on the national language or culture knowledge. 

The EU long-term residence permit is valid for at least five years and is automatically renewable. But the status can be lost if the holder leaves the EU for more than one year (the EU Court of Justice recently clarified that being physically in the EU for a few days in a 12-month period is enough to maintain the status).

READ ALSO: IN NUMBERS: How many non-EU citizens live in European Union countries?

Long-term residence status grants equal treatment to EU nationals in areas such as employment and self-employment or education. In addition, EU long-term residence grants the possibility to move to other EU countries under certain conditions. 

What does the European Commission want to change?

The European Commission has proposed to make it easier to acquire EU long-term residence status and to strengthen the rights associated with it. 

Under new measures, non-EU citizens should be able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move. 

This, however, will not apply to individuals who used a ‘residence by investment’ scheme to gain rights in the EU, as the Commission wants to “limit the attractiveness” of these routes and not all EU states offer such schemes. 

All periods of legal residence should be fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds. Stays under a short-term visa do not count.

Children who are born or adopted in the EU country having issued the EU long-term residence permit to their parents should acquire EU long-term resident status in that country automatically, without residence requirement, the Commission added.

READ ALSO: Why it may get easier for non-EU citizens to move to another European Union country

EU countries should also avoid imposing a minimum income level for the resources condition but consider the applicant’s individual circumstances, the Commission suggests.

Integration tests should not be too burdensome or expensive, nor should they be requested for long-term residents’ family reunifications. 

The Commission also proposed to extend from 12 to 24 months the possibility to leave the EU without losing status, with facilitated procedures (no integration test) for the re-acquisition of status after longer absences.

A person who has already acquired EU long-term residence status in one EU country should only need three years to acquire the same status in another EU member state. But the second country could decide whether to wait the completion of the five years before granting social benefits. 

The proposal also clarifies that EU long-term residents should have the same right as EU nationals with regard to the acquisition of private housing and the export of pensions, when moving to a third country. 

Why make these changes?

Although EU long-term residence exists since 2006, few people have benefited. “The long-term residents directive is under-used by the member states and does not provide for an effective right to mobility within the EU,” the Commission says. 

Around 3.1 million third-country nationals held long-term residence permits for the EU in 2017, compared to 7.1 million holding a national one. “we would like to make the EU long-term residence permit more attractive,” said European Commissioner for Home Affairs Ylva Johansson.

The problems are the conditions to acquire the status, too difficult to meet, the barriers faced when moving in the EU, the lack of consistency in the rights of long-term residents and their family members and the lack of information about the scheme.

Most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one, an evaluation of the directive has shown.

READ ALSO: Pensions in the EU: What you need to know if you’re moving country

This proposal is part of a package to “improve the EU’s overall attractiveness to foreign talent”, address skill shortages and facilitate integration in the EU labour market of people fleeing Ukraine. 

On 1 January 2021, 23.7 million non-EU nationals were residing in the EU, representing 5.3% of the total population. Between 2.25 to 3 million non-EU citizens move to the EU every year. More than 5 million people have left Ukraine for neighbouring states since the beginning of the war in February. 

Will these measures also apply to British citizens?

These measures also apply to British citizens, whether they moved to an EU country before or after Brexit. 

The European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for a long-term residence too.

As Britons covered by the Withdrawal Agreement have their residence rights secured only in the country where they lived before Brexit, the British in Europe coalition recommended those who need mobility rights to seek EU long-term residence status. 

These provisions do not apply in Denmark and Ireland, which opted out of the directive.

What happens next?

The Commission proposals will have to be discussed and agreed upon by the European Parliament and Council. This is made of national ministers, who decide by qualified majority. During the process, the proposals can be amended or even scrapped. 

In 2021, the European Parliament voted through a resolution saying that third-country nationals who are long-term residents in the EU should have the right to reside permanently in other EU countries, like EU citizens. The Parliament also called for the reduction of the residency requirement to acquire EU long-term residence from five to three years.

READ ALSO: COMPARE: Which EU countries grant citizenship to the most people?

EU governments will be harder to convince. However, presenting the package, Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas, said proposals are likely to be supported because “they fit in a broader framework”, which represents the “construction” of the “EU migration policy”. 

National governments are also likely to agree because large and small employers face skill shortages, “especially in areas that are key to our competitiveness, like agri-food, digital, tourism, healthcare… we need people,” Schinas said.

The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.