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Deadline approaches for Brits in Sweden to apply for post-Brexit status

Brits living in Sweden have until December 31st to apply for post-Brexit residency status. Those who don't apply in time could lose their right to stay in Sweden.

Published: 2 December 2021 16:39 CET
Union Jacks hanging between two buildings
Brits have less than a month left before the application deadline. Photo: A Parry on Unsplash

British nationals and their family members who were living in Sweden under EU rules before the end of the transition period on December 31st, 2020, may continue to live in Sweden as before – as long as they apply for a new post-Brexit “residence status” (uppehållsstatus).

The deadline for applying was previously extended from September 30th until December 31st, giving Brits who haven’t yet applied another chance to do so.

More than 10,000 UK nationals have already applied, said the British Embassy in a statement, yet there are still many who must do so before the deadline.

“With just one month until the deadline, ensuring you have applied for residency is a matter of urgency in order to protect your rights to live in Sweden and your future,” said British ambassador Judith Gough.

“Those of who have British friends, neighbours or family members who arrived in Sweden before 1 January, should ask them whether they have applied and, if not, encourage them to start the process now,” she continued.

British citizens who arrived before January 1st 2021 have until December 31st the right to continue living, working and studying in Sweden, even without citizenship or residence status.

But after December 31st, they will lose that right unless they apply before that date. Note that if you have applied for citizenship but have not yet received a response, then you need to apply for the post-Brexit residence status.

“Individuals who neither apply in time nor legalise their stay in Sweden in some other way will – after 31 December 2021 – be staying in Sweden unlawfully. This may have serious consequences for those who neglect to submit their application,” warned a statement by the Justice Ministry when the deadline was extended in September.

The Migration Agency has recommended that Brits apply well in advance. Once you have submitted your application, you will receive a letter of confirmation, and can use this if you need to prove your right to live in Sweden – for example if returning to the country after travel overseas.

During the time that British applicants are waiting on a decision, they have the same rights as EU citizens and can continue to live and work in Sweden even after the application deadline, as long as they moved to Sweden under EU rules before December 31st, 2020.

Once an application has been approved, it is necessary to visit one of the Migration Agency’s Service Centres to have fingerprints and a photo taken before the residence card can be issued.

Brits with Swedish citizenship or a permanent residence permit (permanent uppehållstillstånd) do not have to apply for the new residence status, but you can still do so if you wish. This will affect, for example, which family members are allowed to join you in Sweden.

It is important to note that all Brits who were living in Sweden under EU rules at the end of 2020 and haven’t yet secured their right to stay must do so before the deadline. This applies regardless of how long you’ve lived in Sweden, and regardless of whether or not you have a permanent residence card or certificate of permanent right of residence (which are not the same as a permanent residence permit – anyone who is unclear about their current status in Sweden is strongly advised to contact the Migration Agency).

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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

Published: 7 May 2024 10:29 CEST
How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

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