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BREXIT

Deadline approaches for Brits in Sweden to apply for post-Brexit status

Brits living in Sweden have until December 31st to apply for post-Brexit residency status. Those who don't apply in time could lose their right to stay in Sweden.

Union Jacks hanging between two buildings
Brits have less than a month left before the application deadline. Photo: A Parry on Unsplash

British nationals and their family members who were living in Sweden under EU rules before the end of the transition period on December 31st, 2020, may continue to live in Sweden as before – as long as they apply for a new post-Brexit “residence status” (uppehållsstatus).

The deadline for applying was previously extended from September 30th until December 31st, giving Brits who haven’t yet applied another chance to do so.

More than 10,000 UK nationals have already applied, said the British Embassy in a statement, yet there are still many who must do so before the deadline.

“With just one month until the deadline, ensuring you have applied for residency is a matter of urgency in order to protect your rights to live in Sweden and your future,” said British ambassador Judith Gough.

“Those of who have British friends, neighbours or family members who arrived in Sweden before 1 January, should ask them whether they have applied and, if not, encourage them to start the process now,” she continued.

British citizens who arrived before January 1st 2021 have until December 31st the right to continue living, working and studying in Sweden, even without citizenship or residence status.

But after December 31st, they will lose that right unless they apply before that date. Note that if you have applied for citizenship but have not yet received a response, then you need to apply for the post-Brexit residence status.

“Individuals who neither apply in time nor legalise their stay in Sweden in some other way will – after 31 December 2021 – be staying in Sweden unlawfully. This may have serious consequences for those who neglect to submit their application,” warned a statement by the Justice Ministry when the deadline was extended in September.

The Migration Agency has recommended that Brits apply well in advance. Once you have submitted your application, you will receive a letter of confirmation, and can use this if you need to prove your right to live in Sweden – for example if returning to the country after travel overseas.

During the time that British applicants are waiting on a decision, they have the same rights as EU citizens and can continue to live and work in Sweden even after the application deadline, as long as they moved to Sweden under EU rules before December 31st, 2020.

Once an application has been approved, it is necessary to visit one of the Migration Agency’s Service Centres to have fingerprints and a photo taken before the residence card can be issued.

Brits with Swedish citizenship or a permanent residence permit (permanent uppehållstillstånd) do not have to apply for the new residence status, but you can still do so if you wish. This will affect, for example, which family members are allowed to join you in Sweden.

It is important to note that all Brits who were living in Sweden under EU rules at the end of 2020 and haven’t yet secured their right to stay must do so before the deadline. This applies regardless of how long you’ve lived in Sweden, and regardless of whether or not you have a permanent residence card or certificate of permanent right of residence (which are not the same as a permanent residence permit – anyone who is unclear about their current status in Sweden is strongly advised to contact the Migration Agency).

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BREXIT

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Brexit really does mean that Britons are no longer EU citizens. Claudia Delpero looks at whether there's any other way they can keep their rights.

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Britons lost EU citizenship when the UK left the EU, on 1st February 2020. 

It is the first time the EU’s top court has rules on the matter, after a number of legal cases challenged this specific Brexit outcome. The decision also sets a precedent should other countries decide to leave the bloc in the future. 

What has the EU Court decided?

The Court of Justice decided on a case brought by a British woman living in France.

Before Brexit, she could vote and stand as a candidate in her town of residence, Thoux. But after the UK withdrawal from the EU, she was removed from the electoral roll and excluded from the municipal elections that took place in March 2020, during the transition period.  

As the mayor refused her appeal to restore the registration, she took the case to the regional court in Auch, which agreed to request an interpretation of the rules to the EU top court. 

Julien Fouchet, the barrister supporting her and several other cases on the EU citizenship of British nationals, argued that the loss of EU citizenship and voting rights was disproportionate. It would also be contrary to the EU Charter of Fundamental Rights, given that the woman also lost her voting rights in the UK, having lived abroad for more than 15 years.

Alice Bouillez, who has lived in France since 1984 and is married to a French national, could have applied for French citizenship, but did not do so because she said “this was not necessary” before Brexit and, as a former UK official, she had taken an oath of allegiance to the Queen.

On Thursday the Court of Justice announced the decision about her case. The court ruled that the “possession of the nationality of a member state is an essential condition for a person to be able to acquire and retain the status of citizen of the Union and to benefit fully from the rights attaching to that status.”

The court therefore confirmed that British nationals automatically lost their EU citizenship as a result of Brexit and, as a consequence, Britons also lost their voting and electoral rights in municipal elections in the EU (unless the country where they live set different rules). 

What is EU citizenship?

EU citizenship was introduced by the Treaty of Maastricht of 1992, when borders were opening and the bloc was integrating economically after the end of the Cold War. 

Under the treaty, every person holding the nationality of an EU member state is a citizen of the Union. EU citizenship is additional and does not replace nationality, the treaty specifies. But this creates the first form of a transnational citizenship that grants rights across borders.

EU citizens have the right to access each other’s territory, job market and services under the principle of non-discrimination. If they are economically active, they have the right to reside in other EU states and be joined by family members, access healthcare at the same conditions of nationals (for emergency treatment also when travelling temporarily), obtain social security benefits and see their professional qualifications recognised.

Beyond free movement, at the core of EU citizenship there are also political rights, such as participating in the European Parliament election, voting and standing as candidates in municipal elections when living in other EU countries, receiving consular protection from other EU states outside the EU, and taking part in European Citizens’ Initiatives asking to the EU to legislate on certain matters. 

Which EU citizenship rights have Britons lost with Brexit? 

For British citizens who were living in the EU before Brexit, the Withdrawal Agreement protects some of these rights. Britons covered by deal have their residence, access to work and education, healthcare, social security and qualifications secured, but only in the country where they were living before Brexit.

But the right to free movement in other EU states, consular protection in third countries, and the political rights attached to EU citizenship were lost, the Court confirmed. 

For British citizens in the UK, the trade and cooperation agreement has preserved some social security rights and, in theory, the possibility to have professional qualifications recognized when moving to an EU country. These provisions however lack details and may take a long time before they work in practice. 

As the “European Union” no longer features on British passports, the possibility to access EU lanes at airports to skip passport control queues has also vanished. 

“The loss of those treasured rights has been clear to those of us living in the EU from the early days of Brexit. But for Brits in the UK, the realities of life outside the EU, and the consequences of Brexit, are only just dawning. Long queues at the borders, roaming charges, obstacles to working abroad, etc. are the new reality,” said Sue Wilson, Chair of the group Remain in Spain. 

While she said the court’s decision was “no real surprise,” she argued that “this is not the Brexit the public were promised, or that the majority voted for.”

Can British citizens get some of these rights back?

Julien Fouchet was disappointed at the Court decision and promised to continue the legal fight, bringing the case at the European Court of Human Rights (which is not an EU institution). 

Other two cases on the matter of EU citizenship for British nationals are still pending at the Court of Justice of the EU. One of them aims to determine whether EU citizenship is a “fundamental status” that cannot be removed but Thursday’s decision could have already provided the answer.

Another option to reconsider some of the rights is the renegotiation of EU-UK trade agreement, when it will be reviewed in 2025. 

Meanwhile, the EU is revising the rules for non-EU citizens living in EU countries on a long-term basis, making it easier to move across borders. 

Applying for citizenship is so far the only option to regain voting rights, although not all EU countries allow dual nationality. 

Sue Wilson, who has long campaigned for the UK to stay in the EU, said: “There is only one way to restore the loss of our rights, and that’s to rejoin the single market, rejoin the customs union, and eventually, rejoin the European Union… Until that day, we will continue to be second class citizens whose rights have been diminished for the sake of an ideology.”

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