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BREXIT

Swedish government sends post-Brexit residence bill to parliament

The Swedish government on Tuesday put forward its proposal on British citizens' post-Brexit rights to parliament, the final legislative hurdle the bill needs to clear to come into force by the end of the year.

Swedish government sends post-Brexit residence bill to parliament
The proposal is meant to complement the Withdrawal Agreement. Photo: AP Photo/Virginia Mayo

After the UK left the EU on February 1st, 2020, it entered a so-called transition period during which UK nationals retained the same rights as before to move to, live in, and work in Sweden. This transition period is scheduled to end on December 31st, 2020, after which EU law will no longer apply to Brits.

Under the Swedish government's new proposal, which we have previously written about on The Local, British citizens and their family members who settle in Sweden before the end of the transition period will have to apply to the Swedish Migration Agency (Migrationsverket) for a new residence status (uppehållsstatus).

To be granted the status, they should fit into one of the following categories: be either employed or self-employed; have sufficient assets and sickness insurance to take care of themselves; be a family member of another person who meets the requirements; or have previously received right of residence (i.e. have legally lived in Sweden for more than five years, which means they no longer need to meet the other requirements).

Those who are granted this status will be able to continue living and working in Sweden in much the same way as before.

The government also proposes that the Migration Agency issue documents to cross-border workers (for example, those Brits who are working in southern Sweden but commuting from their home in Denmark).

The proposal states that “a fee should not be charged for the issuance of proof of residence status”. The EU left it up to individual member states to decide if a fee would be charged for the permit (although this could not be higher than fees for equivalent ID cards) and what the format of the documentation would be.

The bill, which is currently set to come into force on December 1st, also states that the government would have the authority to set a deadline for when Brits would have to apply for their new residence status. The updated proposal does not propose a specific deadline, but ten months have previously been suggested.

Some general provisions are covered in the Withdrawal Agreement between the UK and the EU, and the proposal, first published in late February, would supplement this agreement.

Brits who move to Sweden after the end of the transition period are currently expected to have to follow the process for applying for a residence permit the same way as other non-EU nationals.

A date has not yet been set for a vote in parliament.

Read the full proposal (in Swedish) here.

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TRAVEL NEWS

Passports: What are the post-Brexit rules for dual-nationals travelling in Europe?

People who have more than one citizenship often hold multiple passports, so what does this mean for crossing borders? Here's what you should know.

Passports: What are the post-Brexit rules for dual-nationals travelling in Europe?

For many readers of The Local, gaining citizenship of the country where they live helps them to feel more settled – but there are also travel benefits, including avoiding the long ‘non EU’ queue when coming back into the Schengen zone.

But this week the problems associated with travelling while holding dual citizenship came to light, leaving many people wondering what they should know when they are entering different countries.

Put simply – which passport should you use? And do you have to carry both with you?

Financial Times journalist Chris Giles tweeted that the UK Border Force “detained” his dual-national daughter while she was travelling from France into the UK with her German passport – and not her British one. 

He went on to say that UK border guards released his daughter. According to Giles, the border staff said she should have had both passports with her “and asked why she was travelling on her German one”.

The rules on dual-nationality have not changed, but now that the UK is not in the EU, there are strict rules on non-Brits who enter the country (and vice-versa) which has made it trickier for travel.

For instance, UK nationals receive a stamp in their passport when entering Schengen member states because they are only allowed to stay up to 90 days within an 180 period (unless they have a visa or residency card).

READ ALSO: Brexit: EU asks border police not to stamp passports of British residents 

People coming from the EU to the UK can generally visit as a tourist for up to six months without a visa – but are not allowed to carry out any work while there.

So which passport should you show?

The first thing to be aware of is there are no specific rules on travelling with more than one passport. 

Travellers can choose to use whichever passport they prefer when going to a country. 

But one thing to note is that it’s worth using the passport that is best suited to your destination when travelling there. Each country has its own set of immigration and visa rules that you’ll need to research closely.

It could be that one passport is better suited for your trip – and you may be able to avoid visa requirements.  

READ ALSO: How powerful is the German passport?

In the case of the UK, many people are still getting to grips with the different rules that apply because it’s not in the EU anymore.

A question submitted to the Secretary of State for the Home Department in September 2021 provided some insight into this issue. 

The question from Labour’s Paul Blomfield asked what steps the UK government “is taking to enable dual UK and EU citizens to travel to the UK on an EU member state passport without having to further prove their UK citizenship?”

The Conservatives Kevin Foster said: “Border Force Officers examine all arriving passengers to establish whether they are British citizens, whether they require leave to enter or if they are exempt from immigration control.

“Where the passenger claims to be British, but does not hold any evidence of British citizenship, the officer will conduct all relevant checks to satisfy themselves the passenger is British.

Border control at Hamburg airport.

Border control at Hamburg airport. Photo: picture alliance/dpa | Christian Charisius

“When dual nationals who are eligible to use e-gates travel to the UK, they will enter via the e-gates without being examined by an immigration officer.

“We recommend all dual nationals, including EU citizens, travel on their British passport or with evidence or their British citizenship to minimise any potential delay at the border or when commencing their journey.”

The Local contacted the UK Home Office to ask if there was any official advice. 

A spokesman said: “An individual can present whichever passport they desire to enter the UK, however they will be subject to the entry requirements associated with the nationality of the passport they present.”

They said anyone who is looking for more information should check out guidance on entering the UK and on dual nationality.

In short, if you present a German passport on entry to the UK you will be treated the same as any other German citizen – which can include being quizzed about your reasons for visiting the UK – as border guards have no way of knowing that you are a dual-national. 

Do I have to carry both passports?

There’s no rule requiring you to have both passports, but you won’t get the benefits of a British passport (entry into the UK without questions) if you don’t show it.

Likewise if you are a French-British dual national and you enter France on your UK passport, you will need to use the non-EU queue and may have your passport stamped.

Should I think about anything else?

An important thing to remember is that if you apply for a visa and register your passport details, the same passport has to be used to enter the country. 

It could also make sense to travel with both passports, just in case. 

However, note that some countries – like the US – require that US nationals use a US passport to enter and leave the States even if they are dual nationals. 

In general, it’s best to use the same passport you entered a country with to depart.

The rules and systems are different depending on the country. But many countries require people to show their passport when leaving – and they will either stamp or scan the passport – this is how authorities know that a foreign visitor hasn’t overstayed their time in the country. 

So if your passport is checked as you leave the UK, you should show the one you arrived with, just to ensure there is a record of you arriving and leaving.

However as you enter France/Germany/other EU destination, you can show your EU passport in order to maximise the travel benefits of freedom of movement.

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