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READER QUESTIONS

‘No change in rules’ for pre-Brexit Brits applying for Swedish citizenship

Brits living in Sweden at the time the UK left the European Union were eligible to apply for post-Brexit residence status to retain their right to live in Sweden. But what requirements do pre-Brexit Brits need to meet to convert this to citizenship?

Published: 22 November 2022 13:23 CET
'No change in rules' for pre-Brexit Brits applying for Swedish citizenship
A Union flag waves behind a European Union flag, outside the Houses of Parliament, in London, Wednesday, Oct. 19, 2022. Photo/Alberto Pezzali/AP

Several of the readers who responded to our survey on the difficulties they had been suffering as a result of Brexit complained of the lack of clarity over what criteria they would have to meet over their five years living with a post-Brexit residence status in order to qualify for permanent residency or citizenship. 

Not sure what the difference is between residence status, residence cards, right of residence and residence permits? See The Local’s guide to the different types of residency in Sweden here.

Permanent residency

When The Local asked the Migration Agency about this, they wrote that “in order to gain permanent right of residence (permanent uppehållsrätt), [Brits living in Sweden with post-Brexit residence status] need to have been living in Sweden legally for five consecutive years.”

“Right of residence both before and after Brexit can be counted towards this, so both residence that the person held as an EU citizen [uppehållsrätt], and time with [post-Brexit] residence status,” the agency wrote.

“It also doesn’t matter which grounds the person had for residency under EU rules or if the applicant had several different grounds for residency [residency as a student and then a worker, for example]. What matters is that the requirements for residency have been met at all times.”

This means that the rules for permanent residency are much the same as they are for EU citizens under the EU’s freedom of movement legislation. See the EU rules here. 

For example, if a pre-Brexit Brit (or other EU citizen) living in Sweden loses their job in Sweden after being employed for less than 12 months, they can only keep their “worker” category for six months, and then only if they immediately register their unemployment with the Swedish Public Employment Service (Arbetsförmedlingen).

If they either forget to register as unemployed, fail to get a job, or fail to register under another category such as under student or self-sufficiency rules, their stay in Sweden will then not count as “legal” for the purposes of citizenship or residency. 

Note that for the purposes of permanent residency, post-Brexit residence status is seen as equal to EU right of residence. This means, for example, that Brits with post-Brexit residence status do not need to apply for a permanent residence permit (permanent uppehållstillstånd or PUT), but they gain permanent residence status after a period of five years, as long as they have met the EU requirements for residence for that entire period.

Under EU rules, you do not need to apply for permanent right of residency, it is a right you gain automatically after staying in Sweden legally for at least five years. You can, however, apply for a certificate documenting your right of residency, referred to as a certificate or intyg of permanent right of residence.

As far as The Local understands, the same applies for those living in Sweden on post-Brexit residency, although it is not clear how Brits with residence status can apply for permanent residence status after living in Sweden long enough.

It is also important to note that the only truly permanent residence document, which cannot be revoked (all others can be revoked after a period of living outside of Sweden), is Swedish citizenship.

Are there any changes in citizenship rules for pre-Brexit Brits?

The short answer is ‘no’.

The Migration Agency told The Local that “there are no changes in the possibility of gaining citizenship when compared with the rules prior to Brexit.”

Brits with post-Brexit residence status are not required to hold a permanent residence permit (PUT) in order to apply for Swedish citizenship, with post-Brexit residence status seen as equal to EU right of residence for the purpose of citizenship applications.

For example, an EU citizen or Brit with post-Brexit residence status is eligible for citizenship after living in Sweden for just three years if they live with a Swedish citizen and have done so for the past two years or more, whereas non-EU citizens (and post-Brexit Brits) must hold a PUT in order to apply for citizenship, meaning they can usually apply after four years, at the earliest, even if they also live with a Swedish citizen.

You can see the requirements for citizenship here.

Member comments

  1. Hi,

    What if you became a Swedish citizen but your but your children and wife still have residence status , would they lose the residence status and need to apply for permits as family members to a Swedish citizen ?

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For members

TRAVEL NEWS

What will Europe’s EES passport checks mean for dual nationals?

The EU's Entry & Exit System (EES) of enhanced passport checks will usher in big changes for travellers - here we answer readers' questions on the position for dual nationals.

Published: 22 April 2024 17:10 CEST
What will Europe's EES passport checks mean for dual nationals?

The EU is preparing, after many delays, to introduce the EES system for travel in and out of Europe.

You can find a full explanation of how it works HERE, but in essence it is an enhanced passport check – registering biometric details such as fingerprints and facial scans and introducing an automatic calculation of how long you have stayed within the EU/Schengen zone in order to detect ‘over-stayers’.

And it’s already causing stress for travellers. We asked readers of The Local to share their questions here – and one of the biggest worries was how the system will work for dual nationals ie people who have a passport for both an EU country and a non-EU country.

EES: Your questions answered

EU passports 

One of the main purposes of EES is to detect ‘over-stayers’ – people who have either stayed in the EU longer than their visa allows or non-EU nationals who have over-stayed their allowance of 90 days in every 180.

As this does not apply to EU nationals, people travelling on an EU passport are not required to do EES pre-registration and will continue to travel in the same way once EES is introduced – going to the ‘EU passports queue’ at airports, ports and stations and having their passports scanned as normal.

Non-EU 

Non-EU travellers will, once EES is up and running, be required to complete EES pre-registration.

This means that the first time they cross an EU/Schengen zone external border they will have to go to a special zone of the airport/port/terminal and supply extra passport information including fingerprints and a facial scan.

This only needs to be done once and then lasts for three years.

Non-EU residents of the EU/Schengen zone

This does not apply to non-EU citizens who are permanent residents of an EU country or who have a long-stay visa for an EU/Schengen zone country – click HERE for full details.

Schengen zone passports/Irish passports 

EES applies within the Schengen zone, so people with Swiss, Norwegian and Icelandic passports are treated in the same way as citizens of EU countries.

Ireland and Cyprus are in the EU but not the Schengen zone – these countries will not be using the EES system at their borders, but their citizens are still EU citizens so can continue to use EU passport gates at airports and will be treated the same as all other EU citizens (ie they don’t have to do EES pre-registration).

OK, so what if you have both an EU and a non-EU passport?

They key thing to remember about EES is that it doesn’t actually change any of the rules on immigration – it’s just a way of better enforcing the rules that are already in place. 

Therefore the rules for dual nationals remain as they are – for most people which passport to travel on is a matter of personal choice, although Americans should be aware that if you have a US passport and you are entering the USA, you must use your American passport. 

But it’s also important to remember that the passports of dual nationals are not ‘linked’ – therefore if you present an American passport at the Italian border, you will be treated exactly the same as every other American, there is no way for the border guard to know that you are also Italian.

Likewise if you are a UK-Germany dual national and you travel back to the UK on your German passport, you can expect to be treated the same as every other German at the border, and might be asked for proof of where you are staying in UK, how long you intend to stay etc – the system has no way of knowing that you are also British. 

Therefore whether you have to complete EES pre-registration or not is entirely a matter of which passport you are travelling on – if you use your EU passport you won’t have to do it, if you use your non-EU passport you will.

It’s also possible to use two passports for the same trip – so let’s say you’re travelling from Spain to Canada – you enter Canada on your Canadian passport, and show your Canadian passport again when you leave. However, once you re-enter Spain you show your Spanish passport in order to benefit from the unlimited length of stay.

If you’re travelling between France and the UK via the Eurostar, Channel Tunnel or cross-Channel ferry, you need to remember that the Le Touquet agreement means that French passport checks take place in the UK and vice versa. You can still use both passports, but you just need to keep your wits about you and remember to hand the French one to the French border guards and the British one to British guards.

In terms of avoiding immigration formalities using two passports is the most efficient way for dual nationals to travel, but some people prefer to stick to one passport for simplicity, or don’t want to keep both passports together in case of theft.

Basically it’s a personal choice, but you just need to remember that you will be treated according to the passport that you show – which includes completing EES pre-registration if you’re showing a non-EU passport.

It’s also worth remembering that if the changes do cause border delays (and there are fears that they might especially at the UK-France border), then these will affect all travellers – regardless of their passport. 

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