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RESIDENCY PERMITS

The difficulties of moving to Sweden as a non-EU spouse… even if you marry a Swedish princess

Sweden's Princess Madeleine and her British-American husband, Chris O'Neill, are returning to Sweden after living in Florida since 2018. But how can Chris move to Sweden as a non-EU citizen?

The difficulties of moving to Sweden as a non-EU spouse... even if you marry a Swedish princess
Chris O'Neill and Princess Madeleine at Crown Princess Victoria's 40th birthday party in 2017. Photo: Christine Olsson/TT

Princess Madeleine and Chris O’Neill are moving back to Sweden with their three children in August. We hope they like it here.

Unfortunately for O’Neill, some things have changed since he left Sweden in 2015. Brits are no longer EU citizens, which means he’ll have to apply for a residence permit like all the other non-EU citizens planning a move to Sweden.

Unlike before, when O’Neill could live in Sweden as a self-sufficient EU citizen with comprehensive health insurance, there’s no such option for non-EU citizens, meaning he’ll have to fulfil the criteria for a non-EU residence permit (uppehållstillstånd), apply from abroad, and potentially wait for his permit to be processed before he can enter Sweden.

With waiting times well over a year for both family reunification permits and work permits, planning a move to Sweden in just a few months might be a bit… optimistic.

What options does Chris O’Neill have?

The most obvious route for O’Neill to take is a residence permit for moving to someone in Sweden, sometimes also referred to as a sambo permit.

O’Neill qualifies for this, as he is married to a Swedish citizen. His wife must also be able to support him and his three children. According to the Migration Agency, this maintenance requirement is fulfilled if the family member in Sweden has enough money to pay for their home, as well as living costs for the family.

The Migration Agency states more specifically that the Swedish family member must earn 9,445 kronor per month to support a couple living together, plus 3,055 kronor per month for each child under the age of six and 3,667 kronor for each child aged between 7 and 10 years old.

The couple’s children are aged 5, 7 and 9, meaning that Madeleine will need earnings of at least 19,834 kronor a month (after tax) on top of housing costs in order to fulfil this requirement. She can also fulfil this requirement by having enough savings to support the entire family for at least two years – so a mere 476,016 kronor, plus whatever their housing costs will be for the two-year period.

Let’s assume that she can cover the family’s living costs – she’s a member of the Swedish royal family, after all. 

Next, Madeleine needs to have a home “of a suitable size and standard” for the family to live in together.

The Swedish Migration Agency states that a family consisting of two adults needs to have an apartment with a minimum of one room and a kitchen or kitchenette, with more rooms necessary if the family has children. Two children can share one room, it states, meaning that O’Neill and Madeleine need a room with at least three rooms, one kitchen and one bathroom for them and their three children.

The family’s seven-room apartment by Nybroplan in Stockholm is definitely “of a suitable size”, and after a six million kronor renovation a few years ago we can assume that the standard is up to scratch.

O’Neill will also have to provide proof of identity with a valid passport. He’s a citizen of the US and the UK, so here he can choose whichever passport he prefers.

Great, so Madeleine and Chris O’Neill easily fulfil the requirements. 

What are the next steps? 

Firstly, as Madeleine is a Swedish citizen planning on moving to Sweden with a family member who does not hold EU citizenship, the couple will need to prove that they are planning on moving to Sweden “within the near future”. They can do this by providing a housing contract or a job offer, or presumably a press statement from the Swedish royal family stating their plans to move over in August.

O’Neill can’t move to Sweden until his application has been processed, but he is allowed to visit Sweden for up to 90 days at a time, and, as a citizen of a visa-free country, he doesn’t need a visa to do so.

He may also need to visit a Swedish embassy abroad in order to undertake an interview before his application can be processed.

With the family planning on enrolling their children in Swedish schools this autumn, it looks like Chris and Madeleine – like many couples consisting of a Swede and a non-EU citizen – will have to live apart, with Chris separated from his children for months at a time.

In that time, he won’t be eligible for a Swedish personal number, Swedish healthcare, or any other benefits such as sick leave or VAB.

He’ll also have trouble getting BankID or opening a Swedish bank account (unless he already has one from last time they lived in Sweden), and may struggle to get a gym membership, phone contract, or even a membership card at the local ICA (do husbands of princesses do their own food shopping?)

As a British citizen applying for a residence permit for the first time to move to someone in Sweden for the first time who he has been living together with outside Sweden for at least two years, O’Neill can expect to wait around 15 months. Now, that figure isn’t a guide – technically, only 75 percent of recently closed cases matching those criteria were concluded within 15 months – so he could have a much longer or much shorter wait before he’s reunited with his family.

You may be thinking ‘but he’s a successful businessman, can’t he just apply as a self-employed person’? Well, yes, if he wants, but then he’ll be waiting even longer – 75 percent of recently closed cases for permits as a self-employed person got an answer within 29 months.

Member comments

  1. A very well written article as well as a good chuckle Becky.
    So sad and all so true.
    What a stressful time this is after Brexit.

  2. Call me cynical, but I can’t imagine he won’t be granted a permit before he’s even applied for one.

  3. Cute article, but I’m assuming much like here in Chicago, being a member of a power broker family (such as the King of Sweden might be considered), that they’ll be able to jump the line and be settled relatively quickly. My son was a foreign exchange student and there was some snafu with his student visa and we had to cancel his initial flight to Sweden, but they had it figured out within 2 days so he didn’t miss the entire week of classes (but did miss any of the ‘get to know people’ events the days before classes started.

  4. I’m in a similar situation, (damn you brexit!) we want to retire to Sweden, I’m a Brit my wife is Swedish, we have an elderly Mum (in law in my case) needing our support and an adult daughter in Sweden already yet I’m still waiting and constantly checking my 90 day limit on the Schengen app! why do these applications take so long? I would have thought O’Neil would qualify on the golden ticket section where wealthy people can get residency based on their rich status anyway?

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WORK PERMITS

EXPLAINED: How a ‘request to conclude’ can speed up Swedish Migration Agency decisions

If you've been waiting six months or more for a ruling from a Swedish agency you can according to law submit a "request to conclude", forcing the agency to take a decision. Is this worth doing in work permit, residency permit and citizenship cases?

EXPLAINED: How a 'request to conclude' can speed up Swedish Migration Agency decisions

What is a ‘request to conclude’? 

According to Sweden’s Administrative Procedure Act, which came into force in 2018, if an application you have made has not been decided “in the first instance” within six months at the latest, you can request in writing that the agency decide the case, using a process called a dröjsmålstalan, or “request for a case to be expedited”. 

The agency then has four weeks to either take a decision or reject the request to conclude in a separate decision. You can then appeal this rejection to the relevant court or administrative authority. 

You can only use the request to conclude mechanism once in each case. 

READ ALSO: Sweden’s government snubs Migration Agency request for six-month rule exemption

How do you apply for a ‘request to conclude’ a Migration Agency case? 

It’s very easy to fill in the form on the Migration Agency website, which only asks you to give your personal details, say whether your case concerns a work permit, residency permit, right of residency case, or ‘other’, and list any other people applying along with you. You then send the application by post to the Migration Agency address on the form. 

Does it work? 

A lot of people do seem to have success using the mechanism. The Migration Agency in section 9.1 of its annual report says that it is forced to to prioritise those who do this trick after a six month wait ahead of those who have spent longer in the queue. This is particularly the case for the ‘easy’ applications. 

More or less everyone, though, has their initial request to conclude refused, seemingly automatically without the request ever being seen by a case officer. 

Most them are then successful when they then appeal this refusal to the Migration court, with the Migration Agency stating on page 91 of its annual report that it lost 96 percent of such cases in 2021, 80 percent of such cases in 2022 and 77 percent of such cases in 2023.

As the Administrative Procedure Act states clearly that a decision should come within six months, the Migration Agency has in most cases a weak legal position.  

Once your request is rejected you only a short time to appeal, so it is important to act quickly, even if the agency fails to inform you that your request has been rejected. It you have heard nothing and the four weeks are up, it’s important to chase your request so you can appeal before the deadline expires. 

Even those who are rejected and don’t appeal sometimes get results, finding they are asked to submit their passport shortly afterwards. 

However, this is not always the case, so it is essential to go ahead with the appeal anyway, even if your passport is requested. 

What do people say? 

The mechanism appears to be particularly popular among British people, with one member of the Brits in Sweden Facebook page saying that “pretty much everyone has used it”, but it is also used by other groups, such as Indians in Sweden. 

One British woman said she had been informed about the rule by her case officer, and, although she was worried it might make a negative decision more likely, is glad she did so. 

“I used it as it was offered and I didn’t want to wait any longer. I thought there was nothing to lose and it didn’t cost anything, only a bit of time!” she said. 

She had her request for decision accepted, with the officer in four weeks getting back to her requesting that she send in two more forms, one documenting her relationship with an EU citizen, and another on her ability to support herself and pay for her accomodation

“It’s a shame they didn’t advertise it more widely and I didn’t hear about it before. as I could have got a decision earlier on my residency application and then could have applied for permanent residency much sooner,” she said. 

Another British woman said that she had decided to send in a request for a decision after she had been waiting for seven months for a decision on citizenship and her case officer told her to expect to wait as long as 36 months, despite being a simple case given that she had lived in Sweden lawfuly for five years, working throughout. 

“I knew of the request to conclude option and used it. They waited the full month before responding and rejecting it, as was expected. But the next day also assigned me a case officer and asked for my passport,” she remembers. “I believe they did this so I wouldn’t appeal their rejection and get the courts support for them to hurry up and process it.” 

Two months later, her citizenship was approved. 

An Indian man said he had used the mechanism no fewer than three times, firstly when extending a work permit, then when applying for permanent residency for a dependent, and thirdly, when applying for citizenship.

In the first case, he said, the request had been accepted on a first attempt and his work permit extension — for which he had been waiting for more than a year — was granted 28 days later.

The second request, which he made after discovering his dependent had no case officer after seven months, was rejected. They appealed, the court ruled in their favour and their case officer gave a positive decision a month later. 

Finally, in the citizenship case, the court ruled in his favour after the request was rejected, but 40 days later he is still waiting for a decision on the initial application.

Does sending in a request increase your chance of having an application rejected? 

Anecdotally, it doesn’t appear to. 

“It was a concern, yes,” the first British woman said, saying she had been told that sending in the form was “no reason to reject my application.” 

“But this is Sweden and in my opinion, even simple or clear-cut things can be a gamble,” she added. 

How does the mechanism affect handling times overall? 

While the request-to-conclude mechanism might help applicants in individual cases, the Migration Agency complains that it has been making the problem of long processing times worse by creating an addition set of processes case officers need to handle, and also by affecting the agency’s ability to prioritise. 

“The fact that many individuals request that their cases be decided is taking up a lot of resources and leading to processing times generally becoming longer, not least as many delay cases are appealed to the court,” Mikael Ribbenvik, the Migration Agency’s former Director General said when asking for the agency to be exempted from the system in April 2023. 

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