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OPINION AND ANALYSIS

OPINION: Migration Agency boss is ducking responsibility for Sweden’s Brexit failure

The Local's interview with Mikael Ribbenvik, Director General of the Swedish Migration Agency, only went to underline the agency's refusal to accept responsibility for its own Brexit failures, argues David Milstead, from the Brits in Sweden group.

OPINION: Migration Agency boss is ducking responsibility for Sweden's Brexit failure
The UK voted to leave the EU in 2016. Photo: AP Photo/TT/Alberto Pezzali

The Local’s interview with Mikael Ribbenvik made for interesting and depressing reading.

Instead of tackling the substantive issues affecting Brits in Sweden, Mr Ribbenvik instead chose instead to wrestle with a few strawman arguments and make claims that don’t survive confrontation with the evidence base.

First, the strawman arguments.

Though I’m glad Mr Ribbenvik confirmed that there was no secret goal of getting rid of Brits, I’d never heard anyone suggest otherwise.

Similarly, interesting though it may be to discuss the Eurostat data, we never thought that it did imply that Sweden had actually deported as many as one thousand Brits. The issue is that, once again, there is a difference between Sweden and the other EU countries.

This has also been observed in data on failures of applications for Withdrawal Agreement protections for residence and cross-border workers. This is a contributing factor to the Eurostat data. The failure rate for Withdrawal Agreement protections suggest that Sweden is driving a legally questionable, hard line compared with other EU countries. The conclusion that Sweden is something of an outlier is also supported by lived experiences.

Some of these even led to the European Commission forcing Sweden to change one of its most restrictive criteria for residence following a complaint. Unfortunately, the complaint procedure took two years and the end result was thus of little practical benefit to Brits. This all requires a (verifiable) explanation. It’s a pity he didn’t offer one.

Second, Mr Ribbenvik’s claims.

He argues that the authorities tried ‘to reach every corner’ to let Brits know that they needed to apply. Unless Brits in Sweden live in a big circle, this argument doesn’t hold water. It was a very lucky Brit who encountered any outreach from the Swedish authorities despite the Withdrawal Agreement requiring a PR campaign from Sweden.

Furthermore, Brits who did contact the Swedish Migration Agency frequently received advice that was dangerously wrong. Some missed the application deadline as a consequence. Even now, there is information on the agency’s web pages on Withdrawal Agreement rights that is unambiguously incorrect.

Another questionable claim by Mr Ribbenvik is that Brits who fail to gain Withdrawal Agreement protection just need to deal with the “hassle” of applying as third country citizens for another immigration title. This is disingenuous. The purpose of the Withdrawal Agreement is that Brits resident in Sweden before 2021 retain broadly the same rights as before, as Swedes have done in the UK.

If many need to shop around in a residence limbo for another immigration title then this is a failure of Sweden’s implementation of the Withdrawal Agreement, especially if this isn’t happening elsewhere in the EU to the same degree.

Furthermore, Mr Ribbenvik seems to have forgotten his earlier public warnings about residence security for those with a permanent residence permit under national law. He thinks that they should be worried given the plans of the current government.

Finally, and most importantly, it is beyond pure “hassle” to discover that there is no national immigration title to which someone can apply. Mr Ribbenvik claims this isn’t “life-destroying”. True, but for someone who has lived for decades in Sweden, it’s close enough.

Possibly the most bizarre of Ribbenvik’s assertions is that the number of Brits missing the deadline would have been unchanged had Sweden, like Denmark and the Netherlands, individually contacted Brits.

I know people who can’t sleep for worrying about deportation. They missed a deadline of which they were unaware or because they thought (because they had read it on the Swedish Migration Agency web pages) that they had a permanent right of residence.

It stretches credulity to consider that a letter explaining that their ‘permanent’ right of residence would end and that they must make an application to retain legal residence would not have made a difference.

Mr Ribbenvik also commented on the Swedish Migration Agency’s ongoing attempts to have Mrs Kathleen Poole, a 74-year old with advanced Alzheimer’s disease, deported.

In Mr Ribbenvik’s view, one reason why this has happened is that Sweden doesn’t have a “dictator” who can impose or revoke a decision by a government agency. The obvious response to this is to point out that a “dictator” isn’t needed.

The problem could likely have been avoided had Sweden followed the Withdrawal Agreement more rigorously, in particular with respect to the provision to help applicants. For example, the UK’s implementation of the Withdrawal Agreement has measures for vulnerable citizens who can’t obtain photo ID.

Mrs Poole’s case is the most egregious example of how Sweden is implementing the Withdrawal Agreement but it is far from being an isolated case. Many long-term residents have been forced out, usually the most vulnerable.

These include a pensioner couple who had lived here for decades but whose income was deemed too low and a Brit who had been hospitalised with mental illness.

Right now, hundreds are in limbo, having missed the deadline.

Unfortunately, the Swedish Migration Agency refuses to accept responsibility for its own contributing failures, including its own empirically poor outreach and its draconian application of the Withdrawal Agreement.

Listen to the interview with Mikael Ribbenvik

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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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