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BREXIT

Key victory for family rights of Britons returning to the UK from EU

Citizens rights group were celebrating on Monday after the House of Lords - the upper house of the UK parliament - voted in favour of maintaining the family reunification rights of Britons who move back to the UK from the EU.

Key victory for family rights of Britons returning to the UK from EU
Tyler Nix on Unsplash

Members of the House of Lords voted in favour of an amendment to the immigration bill that would allow Britons established in the EU before the end of the Brexit transition period to maintain the right to return to the UK with their European family members without them being subject to strict immigration rules and means tests.

Currently the law for Britons living in the EU is that they will be to bring non-British family members, including children, partners, parents and grandparents if they return to the UK before the end of March 2022.

Standard immigration rules will then apply to relatives brought in after the cut-off date meaning they would be subject to strict immigration rules, visa obligations and financial means tests.

The vote in the Lords was delayed from last week and came after hundreds of UK citizens living in the European Economic Area and Switzerland wrote to peers over recent weeks to explain what it would mean to them and their families if they were unable to return to live in the UK with our non-UK partners after March 2022.

The campaign group British in Europe reacted to the vote saying: “Peers heard our voices, took notice of our concerns, and voted to keep families together, and we are immensely thankful to them for doing so.”

However the ball is now in the hands of PM Boris Johnson's government who must decide whether to accept the amendment as part of the new law when the bill returns to the lower House of Commons.

British in Europe have long complained that the Brexit Withdrawal Agreement in fact locks many Britons out of the UK because they would not be able to return home with their non-British partners in the future.

Those who return to care for family members for example won't be able to reach the minimum income requirements currently in place.

“Elderly parents will not have carers, siblings will not have support and non-British parents will be separated from their British children,” British in Europe said.

“Nobody voted for British citizens to lose this right to return with our families. During the Referendum, Vote Leave and the current Prime Minister promised us that our rights would not be adversely affected by Brexit.

“But this Government’s planned changes to the immigration rules remove this most fundamental of rights. Thanks to this afternoon’s vote, the Government has another opportunity to make good on part of its pre-Brexit promises to 1.2 million UK citizens living in the EEA and Switzerland.

“We are a finite group of people asking only that our rights should not be taken away from us.

“Our amendment covers only those UK citizens in the EEA/Switzerland who fall within scope of the withdrawal agreements and who have existing non-British close family members at the end of 2020.

“Most of us will probably not leave the countries where we have made a home, but what we are asking for is the right to do so with our families if necessary. Is that too much for British citizens to ask of a British Government?”
 

 

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BREXIT

OPINION: Sweden should follow Denmark and reconsider Brexit deportations

Hundreds of Brits who failed to secure post-Brexit residency in Denmark will be given a second chance. Sweden should offer the same kind of amnesty, writes The Local’s editor Emma Löfgren.

OPINION: Sweden should follow Denmark and reconsider Brexit deportations

The Danish government this week announced that British nationals who missed the deadline for post-Brexit residency will be allowed to apply or reapply.

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 December 2021, and many 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 government on Monday announced that the initial deadline will now be extended until the end of 2023.

It is time for Sweden to follow Denmark’s lead.

Sweden has ordered more Brits to leave since Brexit than any other EU state. Eurostat data reveals that about 2,205 UK citizens were ordered to leave EU countries between 2020 and September 2022 – with around half of this number from Sweden alone.

It’s hard to get clarity into the facts behind these figures, with authorities conceding there could be some degree of inaccuracy, including people being counted twice. They also include people turned away on the border, so they could also include Brits who never lived in Sweden nor had the right to stay post-Brexit.

At The Local, our reporters have repeatedly contacted both the Migration Agency and the border police for more information, which each authority directing us to the other.

But other figures such as rejected applications support the claim that Sweden has turned away an unusually high number of Brits compared to other EU states.

What we know for sure is that Swedish migration authorities rejected a total of 2,155 applications for post-Brexit residence status between November 2020 and December 2022. It’s not clear how many of these were denied because they arrived after the deadline, but data suggests these were a few hundred at most.

Several readers of The Local have 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 applications are however not Sweden’s only problem.

Other reasons for a rejected application, according to a Migration Agency spokesperson, include “incomplete applications, applications where the applicant did not fulfil the requirement for residence status, and applications listed as ‘reason unknown’”.

They also include people such as Gregory – who had lived in Sweden for 21 years but was in between jobs at the time of the deadline, which meant he did not qualify for residence status. Or Kathleen Poole, a bedbound grandmother with Alzheimer’s.

When The Local in early February asked Swedish Migration Minister Maria Malmer Stenergard to explain the high figures, she said they came as “complete news” to her.

“We want them here,” she told us.

She said she could not explain the figures and promised to look into them, but after chasing her office for nearly two months, our reporters have yet to receive a reply.

It’s not as if the risk of deportations should have come as a surprise to anyone.

In the run-up to the Brexit deadline for residency, The Local carried a warning by a leading Facebook group for Brits in Sweden that authorities in the country were not doing enough to reach UK citizens to make them aware of the date.

Malmer Stenergard’s party wasn’t in government at the time, but she chaired the Swedish parliament’s social security committee, which processed the government’s bill on post-Brexit residence status for Brits – a bill the group Brits in Sweden had warned put a concerningly large number at risk of losing their right to stay.

Decision-makers in Sweden have less freedom than their Danish counterparts to influence decisions by government agencies such as the Migration Agency, with so-called “minister rule” being frowned upon – an issue that was brought to its head during the Covid pandemic.

But it should be possible to at least do what Denmark has done and allow those who missed the deadline a chance to reapply and be tried on the same terms as everyone else.

In any case, Brits affected by Brexit deportations deserve an answer, not just silence.

Denmark has found a (half) solution. Sweden, we’re waiting.

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