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COVID-19

Sweden entry ban: What counts as an ‘urgent family reason’?

Entry to Sweden from many non-EU countries, including India, the UK and US for example, is not currently possible unless the traveller is covered by an exemption to the travel ban. One exemption is 'urgent family reasons', but these can be complex to define.

Sweden entry ban: What counts as an 'urgent family reason'?
Sweden's entry ban makes exceptions for some categories of travellers. Photo: Erik Simander/TT

Assuming that the traveller is not covered by any other exemption (such as being an EU/EEA citizen themselves, or having a Swedish residence permit), there are two main routes for people with family in Sweden to get here despite the entry ban.

The first is quite straightforward to define: close family connections. This primarily applies to people with a partner or underage child in Sweden.

According to police, it applies to travellers whose close family member falls into the one of the following categories:

  • Swedish citizens
  • EEA citizens
  • Foreigners with a residence permit in Sweden or in another EEA country
  • Foreigners that have long-term resident status in Sweden or another EU Member State
  • UK citizens who are holding or have applied for residence status
  • Foreigners with a national (class D) visa for Sweden or another EEA state

The traveller must either be travelling to Sweden to join this family member or be travelling with them.

In this context, “close family connection” means spouses, cohabiting partners, partners moving to Sweden to cohabit with or marry their partner, parents of minor children, and children under the age of 18. Siblings, cousins, grandparents and parents of adult children are only counted in special circumstances where there is a proven financial dependency.

You will need to prove your close family connection, and the police say you can do this “with the decision letter from the Swedish Migration Agency, excerpt from the population register, marriage certificate or license, cohabitation agreement, bank statement from a common bank account, birth certificate etcetera”, either written or translated in English or a Scandinavian language. If this exemption applies to you, it is enough to prove the family connection; you do not need to prove that the reason for travel is urgent.

The other way for people to travel from outside the EU/EEA to join family in Sweden is if they can prove “urgent family reasons” apply.

The police say urgent family reasons apply when there has been a sudden illness or accident which requires the foreign traveller to be in Sweden, for example to be present for a birth, a funeral, or palliative care. Note that post-birth visits are not generally included.

Other celebrations including weddings do not count, but you may be covered by this exemption if you need to be in Sweden for “property division, inheritance negotiations, or being called to court negotiations in a public court or family court”. It’s the responsibility of the traveller to bring proof of the exemption.

Unlike the criteria for “close family connections”, if you are travelling for “urgent family reasons” the criteria for a family relationship is intended to be “inclusive” according to Swedish police. There is no strict definition of the relationship you need to have to the person receiving care, and the policy even say that this can apply to relationships outside the traditional nuclear family, suggesting that siblings for example may be included, or parents of adult children. In other words, it may be possible to travel from a non-exempt country to be present when your adult child gives birth, or to care for a sibling after a sudden illness, but it is unlikely you would be able to make the journey simply for the purpose of visiting either family member.

It’s not possible to get pre-approval from the Swedish police, who are in charge of border control, or any other authority, so there is a certain risk if you travel in the hope of being covered by this exemption.

If you are travelling to Sweden from a non-EU country due to urgent family reasons, you are exempt from the requirement to show a negative Covid-19 test result on entry, but if you are travelling due to a close family connection, you must show this certificate as well as proving your family connection.

Finally, for people who cannot enter Sweden under the rules outlined above, there may still be alternative routes to reuniting.

One of the most obvious is to travel to Sweden via a Nordic country (Denmark, Finland, Iceland or Norway). There are currently no restrictions on entry from the other Nordic countries, and that applies even if you are a non-Nordic or non-EU resident. There is no set amount of time you need to spend in a Nordic country before entering Sweden restriction-free, so if you are able to enter one of these countries under their travel restrictions, you should be able to cross the border to Sweden from there.

At the time of writing, Denmark had an exemption to its non-EU entry ban for fully vaccinated travellers from some countries, while Sweden did not, so it would be possible for a fully vaccinated traveller to travel from a non-exempt country to Denmark, and then travel on to Sweden. An important caveat is that, again, decisions on border control are made by the Swedish police. 

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TRAVEL NEWS

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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