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No second chance for Brits in Sweden who missed post-Brexit status deadline

Sweden is not planning to follow Denmark’s lead and let Brits who missed the deadline reapply for post-Brexit residence status, a government spokesperson has told The Local.

No second chance for Brits in Sweden who missed post-Brexit status deadline
A total of 2,630 UK citizens were ordered to leave countries in the EU and EEA in 2021 and 2022, with Sweden responsible for 41 percent of these. Photo: AP Photo/Alastair Grant

The Danish government in March announced that hundreds of British nationals who missed the deadline for post-Brexit residency would be allowed to apply or reapply.

But a spokesperson for Migration Minister Maria Malmer Stenergard confirmed to The Local on Tuesday that a similar reprieve was not being planned in Sweden “at the moment”.

Sweden has ordered 1,100 British citizens to leave the country since the end of the Brexit transition period, according to data from the EU’s statistical office Eurostat – 41 percent of the EU’s total deportation orders for Brits.

When The Local in February asked the migration minister to explain the high figures, she said they came as “complete news” to her.

“We want them here,” she told us at the time.

We have, despite repeated contact with the Swedish border police, Migration Agency and government, not been able to confirm how many of the Swedish deportation orders are due to late applications, but data suggests they are, as in Denmark, only a few hundred.

Reasons for rejected applications for post-Brexit residency, according to the Migration Agency, include “incomplete applications, applications where the applicant did not fulfil the requirement for residence status, and applications listed as ‘reason unknown’”.

The deportation figures include Brits whose residency application was rejected, but also other reasons for deportation, such as recently released prisoners or people turned away on the border because they did not have the right to enter Sweden. There could be some degree of inaccuracy, including people being counted twice, and reported data may to some extent vary between EU countries.

OPINION: Sweden should follow Denmark and reconsider Brexit deportations

In Denmark, at least 350 British nationals who lived in Denmark at the time of Brexit failed to apply to remain in the country before the deadline of the end of 2021, after letters to remind them were not sent out. Many of them were subsequently given orders to leave.

But after criticism from rights groups, who accused Danish immigration authorities of not correctly applying the rules of the Brexit Withdrawal Agreement, the Danish government announced that the deadline would be extended until the end of 2023.

“It’s hard to see how Sweden has fulfilled its obligations under the Withdrawal Agreement concerning publicity and the admissibility of late applications from UK nationals,” David Milstead of the Facebook group Brits in Sweden, which in the run-up to the deadline warned that Sweden was not doing enough to reach Brits affected by Brexit.

Sweden ran information campaigns but generally did not contact Brits directly to inform them that they needed to secure their right to stay.

“Sweden mainly targeted those British citizens in the care of the state. This is important but ultimately these are people who could have applied late with a well motivated reason to have a late application accepted. The authorities essentially ignored the bulk of UK nationals. As a strategy to ultimately get as many Brits in Sweden as possible to acquire the new residence status and avoid deportation it was ill-thought-out,” said Milstead.

Several readers of The Local told us they wrongly believed they already had the right to stay in Sweden and did not need to apply for residence status, due to confusion over similar-sounding terms such as residence permit, residence card and residence status.

“Late applicants typically encountered confusing information from the Swedish state. For example, many looked at the Migration Agency web pages after Brexit and were assured that they had acquired permanent residency. They discovered much later that permanent didn’t mean permanent in their case,” said Milstead.

Late applications are not the only reasons why so many British nationals in Sweden have had their residence status rejected.

One British citizen, Gregory, had lived in Sweden for 21 years but was between jobs at the time of the deadline, which he told The Local meant he did not qualify.

Stockholm chef Stuart Philpott only learned that he should have applied for post-Brexit status shortly before he was frogmarched onto a return flight by Swedish border police.

James, a British citizen working in the building industry, only found out he no longer had residency in Sweden after calling the Migration Agency about an unrelated issue.

The Swedish Migration Agency last week put the deportation of Kathleen Poole, an elderly woman with Alzheimer’s, “on hold” pending an assessment of her health. The expulsion order, which has sparked outrage in the UK, has however not been repealed.

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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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