Special regulations on residence permits in the event of a no-deal Brexit
The Ministry of Justice has circulated a memorandum for comment containing proposals for special regulations on residence permits for UK citizens in the event of a no-deal Brexit. The proposals are part of the Government’s preparations ahead of Brexit and aim to make it easier for UK citizens living in Sweden to be granted a residence permit here.
“In the Government’s assessment, the risk of the United Kingdom leaving the European Union without a withdrawal agreement has increased. If so, it would put all UK citizens living and working in Sweden in a difficult situation,” says Minister for Justice and Migration Morgan Johansson.
According to the current timetable, the UK will withdraw from the EU at midnight on 31 October 2019. To address the most serious consequences of a no-deal withdrawal, the Government has taken a range of measures that strengthen Sweden’s preparedness. For example, in March this year the Government adopted an ordinance containing a temporary exemption from the requirement on residence and work permits for those UK citizens and their family members who – on the day before the withdrawal from the EU – had the right to stay and work in Sweden.
“The basic premise is that the exemption will be in effect for at least one year after the UK withdraws,” says Mr Johansson.
The Government considers it important that UK citizens who currently reside in Sweden have the opportunity to stay even after the temporary exemption is no longer in effect. The memorandum now being circulated for comment therefore contains proposals for special provisions on residence permits for these UK citizens and their family members. The proposals aim to make it easier for this group to be granted a residence permit in Sweden so that they can continue to live and work here under similar conditions as at present, even in the long term.
The requirements for the proposed new permits are based on the conditions for free movement that apply for EU citizens. The proposals mean that a UK citizen who has a right of permanent residence in Sweden will be granted a permanent residence permit, and that at UK citizen who fulfils the requirements for a right of residence here will be granted a temporary residence permit valid for five years. The proposals also entail a right for family members of UK citizens to be granted a residence permit if they live in Sweden at the time of the withdrawal.
It is proposed that most of the proposals enter into force on 1 January 2020, and that 31 October 2020 will be the final date to submit an application for the special permit. The proposals are only relevant should the UK leave the EU without a withdrawal agreement.