Living in Sweden post Brexit: Who has to apply for residence status?
Many, but not all, Brits need to apply for their post-Brexit residence to secure their right to stay in Sweden after December 31st.
Whether or not you need to apply for the post-Brexit status depends on your current residence status.
If you moved to Sweden as a British national after December 31st 2020, then you are not eligible for the post-Brexit status, and should have applied for another kind of residence permit as a third country national in order to live here.
If you moved to Sweden before December 31st 2020, then under the terms of the Brexit withdrawal agreement you are eligible to apply for the post-Brexit status and secure your continued right to live here, as long as you previously had right of residence. This applies both to British nationals and to their immediate family members.
Holders of certain residence documents do not need to apply for the status in order to stay living and working in Sweden, but there may still be advantages to doing so. It is free to apply for the post-Brexit status, and you can apply until the end of 2021.
If you have permanent right of residence (uppehållsrätt)
Most Brits and their third country family members who arrived before December 31st 2020 had right of residence (uppehållsrätt) either as EU citizens, if they moved before Brexit, or under the terms of the Withdrawal Agreement. Anyone in this category who was working in Sweden (including as self-employed), studying, or otherwise had sufficient means to support themselves had right of residence under EU rules.
People in this category did not previously need any document to prove their right of residence, but those who have had right of residence for over five years may have applied for a certificate of permanent right of residence (Intyg om permanent uppehållsrätt).
If you are in this category, even if you have the certificate of permanent right of residence, you need to apply for residence status before December 31st 2021 if you wish to remain in Sweden. That's because your current right of residence is linked to EU rules, which now no longer apply to British citizens.
If you have a residence card (uppehållskort)
Another type of residence document is a residence card (uppehållskort). These are for non-EU citizens who live with a non-Swedish EU citizen, so it is unlikely that many Brits have this kind of document if they arrived pre-December 2020, as they probably applied as EU citizens, but you might have it if you moved to Sweden with an EU partner but did not have right of residence under EU rules at the time.
After five years, those with a residence card can apply for a permanent residence card (permanent uppehållskort).
These cards are also issued under EU rules, so if you have one of these, you must apply for residence status before 31st December 2021 if you wish to remain in Sweden.
Residence permit (uppehållstillstånd/UT)
Another type of residency document is a residence permit (uppehållstillstånd/UT) or residence permit card (uppehållstillståndskort/UT-kort). This is a permit issued to non-EU (or “third country”) citizens who are eligible for residency in Sweden under Sweden's national rules.
If you did not qualify for residency under EU rules, but you qualified for residency under Swedish rules (a common example is if you were not working, studying or able to support yourself when you applied, but moved to Sweden as a family member of a Swedish citizen), then you may have one of these.
These are unaffected by Brexit as they are issued irrespective of EU citizenship, so if you have one of these, you do not have to apply for residence status, but you can if you want. You will, however, need to renew this permit once it runs out if you do not have a permanent residence permit (permanent uppehållstillstånd/PUT), or you may lose your right to work in Sweden until your new permit is approved, even if you still qualify for a permit.
Brits with Swedish or EU citizenship
If you have Swedish citizenship, you do not need to apply for residence status in order to remain in Sweden, but you can if you are eligible to (ie if you qualify for right of residence under EU rules). This also applies to British nationals with another EU citizenship.
Note that if you are eligible for Swedish citizenship but your application is still pending, you should apply for the post-Brexit status. This is because there is no guarantee you will receive your citizenship before the December 31st deadline, and an in-progress application is not enough to guarantee your right to stay.
If you fall into the category of people who do not need to apply for residence status in order to stay in Sweden but you are still eligible (ie. in addition to your citizenship or residence, you also have right of residence under EU rules), note that you still have the right to apply for it, under EU law.
The EU also strongly recommends that you apply regardless of the residence permit you already have, as residence status shows that you have the right to enter Sweden, and exempts you and your family members from any visa requirements.
The Local contacted the Swedish Migration Agency for information on how to apply for residence status if you fall into the category of Brits with Swedish citizenship or a permanent residence permit.
We were told that these people can apply via the usual online form or via post and explain that they have citizenship or a permanent residence permit under "other information" (or "övriga upplysningar", if using the Swedish form). As this only applies to dual citizens or people with permanent residence permits who also qualify for residence status under EU rules, you will also need to state your reason for having right of residence under EU law (worker, student, self-employed, or able to support yourself).
Do you have questions? Reach out to us via email or in the comments below.
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Whether or not you need to apply for the post-Brexit status depends on your current residence status.
If you moved to Sweden as a British national after December 31st 2020, then you are not eligible for the post-Brexit status, and should have applied for another kind of residence permit as a third country national in order to live here.
If you moved to Sweden before December 31st 2020, then under the terms of the Brexit withdrawal agreement you are eligible to apply for the post-Brexit status and secure your continued right to live here, as long as you previously had right of residence. This applies both to British nationals and to their immediate family members.
Holders of certain residence documents do not need to apply for the status in order to stay living and working in Sweden, but there may still be advantages to doing so. It is free to apply for the post-Brexit status, and you can apply until the end of 2021.
If you have permanent right of residence (uppehållsrätt)
Most Brits and their third country family members who arrived before December 31st 2020 had right of residence (uppehållsrätt) either as EU citizens, if they moved before Brexit, or under the terms of the Withdrawal Agreement. Anyone in this category who was working in Sweden (including as self-employed), studying, or otherwise had sufficient means to support themselves had right of residence under EU rules.
People in this category did not previously need any document to prove their right of residence, but those who have had right of residence for over five years may have applied for a certificate of permanent right of residence (Intyg om permanent uppehållsrätt).
If you are in this category, even if you have the certificate of permanent right of residence, you need to apply for residence status before December 31st 2021 if you wish to remain in Sweden. That's because your current right of residence is linked to EU rules, which now no longer apply to British citizens.
If you have a residence card (uppehållskort)
Another type of residence document is a residence card (uppehållskort). These are for non-EU citizens who live with a non-Swedish EU citizen, so it is unlikely that many Brits have this kind of document if they arrived pre-December 2020, as they probably applied as EU citizens, but you might have it if you moved to Sweden with an EU partner but did not have right of residence under EU rules at the time.
After five years, those with a residence card can apply for a permanent residence card (permanent uppehållskort).
These cards are also issued under EU rules, so if you have one of these, you must apply for residence status before 31st December 2021 if you wish to remain in Sweden.
Residence permit (uppehållstillstånd/UT)
Another type of residency document is a residence permit (uppehållstillstånd/UT) or residence permit card (uppehållstillståndskort/UT-kort). This is a permit issued to non-EU (or “third country”) citizens who are eligible for residency in Sweden under Sweden's national rules.
If you did not qualify for residency under EU rules, but you qualified for residency under Swedish rules (a common example is if you were not working, studying or able to support yourself when you applied, but moved to Sweden as a family member of a Swedish citizen), then you may have one of these.
These are unaffected by Brexit as they are issued irrespective of EU citizenship, so if you have one of these, you do not have to apply for residence status, but you can if you want. You will, however, need to renew this permit once it runs out if you do not have a permanent residence permit (permanent uppehållstillstånd/PUT), or you may lose your right to work in Sweden until your new permit is approved, even if you still qualify for a permit.
Brits with Swedish or EU citizenship
If you have Swedish citizenship, you do not need to apply for residence status in order to remain in Sweden, but you can if you are eligible to (ie if you qualify for right of residence under EU rules). This also applies to British nationals with another EU citizenship.
Note that if you are eligible for Swedish citizenship but your application is still pending, you should apply for the post-Brexit status. This is because there is no guarantee you will receive your citizenship before the December 31st deadline, and an in-progress application is not enough to guarantee your right to stay.
If you fall into the category of people who do not need to apply for residence status in order to stay in Sweden but you are still eligible (ie. in addition to your citizenship or residence, you also have right of residence under EU rules), note that you still have the right to apply for it, under EU law.
The EU also strongly recommends that you apply regardless of the residence permit you already have, as residence status shows that you have the right to enter Sweden, and exempts you and your family members from any visa requirements.
The Local contacted the Swedish Migration Agency for information on how to apply for residence status if you fall into the category of Brits with Swedish citizenship or a permanent residence permit.
We were told that these people can apply via the usual online form or via post and explain that they have citizenship or a permanent residence permit under "other information" (or "övriga upplysningar", if using the Swedish form). As this only applies to dual citizens or people with permanent residence permits who also qualify for residence status under EU rules, you will also need to state your reason for having right of residence under EU law (worker, student, self-employed, or able to support yourself).
Do you have questions? Reach out to us via email or in the comments below.
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