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.