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British Embassy issues Brexit update for ‘uncertain time’

The British Embassy in Stockholm has issued an update on Brexit for the affected citizens, which clarified some of the procedures that would be necessary in the event of a no-deal Brexit but highlighted the uncertainty for many Brits living in Sweden.

British Embassy issues Brexit update for 'uncertain time'
Over the summer, legislative changes were approved aimed at assisting Brits living in Sweden. Photo: Matt Dunham/AP/TT

In a video shared by the embassy's Facebook page on Monday, Acting Ambassador Peter Ruskin acknowledged that it was an “uncertain time” for British citizens living in the EU, and said that the government would prefer to leave the EU with a deal.

“If it's not possible to reach a deal we will have to leave with no deal – and are making all necessary preparations to do so,” he said.

While the update did not include any new decisions or policies, it provided information on what British citizens in Sweden would need to do in the event of both a deal and a no-deal scenario.

British Prime Minister Boris Johnson pictured leaving 10 Downing Street in London. Photo: AP Photo/Kirsty Wigglesworth

No-deal grace period 

If the UK leaves without a deal, Sweden has committed to a one-year grace period for British citizens.

This means that for one year from the date the UK leaves the EU (October 31st, 2019), Brits would retain the same rights to live, work, access healthcare, and study in Sweden without a residency or work permit. 

The exemption will apply automatically, so Brits and their family members do not need to make special applications in order to continue living and working as normal immediately after any no-deal Brexit.

READ ALSO: Essential no-deal Brexit checklist for Brits in Sweden

Residency permits

The embassy said that “the key thing” was that Brits would need to apply for residency permits during this one-year period.

“This would enable you to keep your rights after the grace period has ended. In this scenario, it would be your responsibility to apply for residency, if you want to continue to live in Sweden with the rights that you have today,” stated Ruskin. Those who have already applied for Swedish citizenship but not yet received a decision by the date of any no-deal Brexit have been advised they should apply separately for residence.

However, it remains unclear whether current regulations around work and residence permits would apply (including requirements for certain income thresholds and workplace insurance), or whether the government would introduce new legislation to deal with the affected Brits. Both the Migration Agency and Sweden's largest major business federation have warned that applying existing legislation to Brits would be problematic.

It's also unclear what rules would apply to self-supporting Brits, including pensioners as well as those who do not have a job or Swedish partner during the one-year grace period.

When The Local spoke to Sweden's EU Minister Hans Dahlgren in March, he said he was unable to guarantee what the status of Brits in Sweden would be one year after a no-deal Brexit, including for Brits working in companies that do not meet the conditions required to offer third-country work permits, for example smaller startup companies without a collective bargaining agreement (kollektivavtal).

Sweden 'cannot guarantee Brits' future in no-deal Brexit', EU minister tells The Local
EU Minister Hans Dahlgren, right, next to Prime Minister Stefan Löfven. Photo: Pontus Lundahl/TT

The minister added: “I'm sure that during the negotiations that follow, we'll make every effort to facilitate for UK citizens now living in Sweden to have as easy an access to this country as possible. But the details of this have to be worked out during this grace period. A lot of things can be done in one year and if there are remaining problems I'm sure they can be worked out.”

As for those who have not yet been in Sweden long enough to apply for permanent residence or citizenship (between three and five years, depending on your situation and subject to certain criteria), the Swedish parliament in July approved legislative changes which mean Brits and their family members can count their time in Sweden under EU freedom of movement towards a future residence permit application. In other words, the clock would not restart once they became a third-country citizen on October 31st, 2019. 

READ ALSO: Sweden fast-tracks citizenship applications from Brits as Brexit negotiations continue

Passport stamps

Another thing to be aware of is that during the one-year grace period, British citizens in Sweden and their families have been advised to request a special passport stamp to prove their status.

This will be provided free by the Swedish Migration Agency if and when it becomes clear that the UK will leave the EU without a deal. If this happens, both the Migration Agency and the British Embassy will update their information and provide details of exactly how to apply.

The Migration Agency has previously said it hopes to process applications for stamps within one week.

READ ALSO: How the Swedish Migration Agency is preparing for a no-deal Brexit

How the Swedish Migration Agency is preparing for a no-deal Brexit
A Migration Agency office in Småland, southern Sweden. Photo: Adam Wrafter/SvD/TT

If the UK leaves with a deal

The measures outlined above apply only if the UK leaves the EU without a deal. While Ruskin stressed that leaving with a deal was the government's preferred outcome, new Prime Minister Boris Johnson has said he is prepared to leave without a deal.

If the UK leaves the EU with a deal, EU member states and the UK have agreed on an 'implementation period', which is planned to last until December 31st, 2020. During this time, British citizens would retain their current rights as EU citizens.

This means that not only would those already living in Sweden keep their right to live, work, access healthcare, and study in Sweden, but that they could also travel freely throughout the EU (without the need for a passport stamp), and also that British citizens could move to Sweden, or any other EU country, under the EU's freedom of movement until the end of 2020.

During that period, negotiations between the UK and EU would be carried out which would determine the future relationship between the countries.

READ ALSO: Confused about Brexit? Here are 8 essential websites for Brits in Sweden

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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