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BREXIT

REVEALED: More than 1,000 Brits ordered to leave Sweden since Brexit

Almost two years after the UK officially left the European Union, one of the consequences of ending free movement has become clear for the hundreds of Britons in Sweden who have been ordered to leave.

REVEALED: More than 1,000 Brits ordered to leave Sweden since Brexit

Data published recently by the EU statistical office, Eurostat, reveals that about 2,250 UK citizens were ordered to leave EU countries between 2020 and September 2022 – with around half of this number from Sweden alone.

If we add the numbers for the countries of the European Free Trade Association (Norway, Iceland, Liechtenstein and Switzerland), where EU free movement rules also apply, the total increases to 2,830.

The UK officially left the EU at midnight on January 31st 2020, but free movement with the EU continued until December 31st 2020, when the post-Brexit transition period ended. This period coincided with lockdowns and travel restrictions to limit the spread of Covid-19.

Data on non-EU nationals ordered to leave EU member states includes people found to be illegally present in member states who are subject to an administrative or judicial decision imposing them to depart. In other words those who fail to meet residency or visa requirements as well as those ordered to leave after committing crimes.

While the data doesn’t include the exact reasons on why these Britons were ordered to leave – so we don’t know the exact figure on how many orders were directly linked to the results of Brexit and the ending freedom of movement – citizens’ rights campaigners say the numbers reflect what has been happening in certain countries since Brexit.

It is also not possible to compare the figure to pre-Brexit figure for the number of Britons deported because Britons were not considered third-country nationals prior to Brexit so the data is not available.

In total, according to Eurostat, more than a million non-EU citizens were ordered to leave the EU between January 2020 and September 2022. UK citizens represent a small proportion, but the situation varies between countries, depending on national migration policies, administrative and judicial procedures and data reporting.

This is what emerges from the Eurostat data for the countries covered by The Local.

Sweden the toughest

While France was responsible for the highest proportion of leave orders to non-EU citizens, it is Sweden and the Netherlands that have taken the toughest approach to Brits.

Sweden is responsible for 1,050 of the 2,250 British nationals ordered to leave EU countries between the first quarter of 2020 and the third quarter of 2022.

In the run up to the Brexit deadline for residency The Local carried a warning by a leading 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.

READ ALSO: Post-Brexit residence status: Sweden rejects more Brits than any other EU country

Recently The Local covered the story of Stockholm chef Stuart Philpott, who only learned that he should have applied for post-Brexit residence shortly before he was frogmarched onto a return flight by Swedish border police.

After Sweden the Netherlands followed with 615 orders for Britons to leave. Norway and Switzerland, which are not part of the EU and have separate Brexit agreements with the UK, issued 455 and 125 departure orders respectively, according to Eurostat data.

Malta ordered 115 UK citizens to leave, France 95, Belgium 65, Denmark 40, Germany 25 and Austria 10.

When it comes to Denmark The Local revealed that hundreds of Brits who had moved to the country shortly before Brexit were not sent reminder letters that they needed to apply for a new residency status. Some of those Britons now face deportation, despite having jobs and family in Denmark.

Spain, which hosts the biggest UK community in the EU, has not ordered any Briton to leave the country since Brexit, and nor has Italy – at least according to the Eurostat data.

Jane Golding, co-founder of the British in Europe citizens’ rights group, said the data about Sweden was “not surprising”. “We do know that, statistically, the percentage of refusals of status in Sweden is far higher than in equivalent countries and the numbers ordered to leave correspond fairly closely to refusals of status under the withdrawal agreement,” she said.

Michaela Benson, Professor in Public Sociology at Lancaster University and expert on migration, citizenship and identity, added: “It is a reminder that since Brexit, British citizens no longer enjoy freedom of movement.

“Anyone newly arriving or who did not meet the deadlines for applying for status under the terms of the withdrawal agreement, is now considered as a third country national and subject to domestic immigration controls in the EU-26 member states [the 27 EU countries minus Ireland].”

Similar to other nationalities, the majority of leave orders concerned men (1,560). Some 195 also affected young people below the age of 18, with Sweden topping the list (135), followed by the Netherlands (20) and Germany (5).

Debbie Williams of the group Brexpats Hear our Voice said countries need to provide more detailed data to explain the orders to leave.

“I’d like to see more transparency on these issues because how do we know if the withdrawal agreement is failing people if we don’t know the detail,” she said.

Illegally present in EU

When it comes to immigration law enforcement, Eurostat collects statistical information from individual countries not only about orders to leave, but also about people refused entry at the EU external borders, people found to be illegally present in a member state territory and people returned, or deported, following a leave order.

There might be differences however between the number of persons found to be illegally present in a country and those ordered to leave because those affected might have left the territory voluntarily or their situation might have been regularised.

Third-country nationals are considered illegally present in an EU member state under national immigration law if they have entered unlawfully – for instance avoiding immigration controls or using a fraudulent document – if they have overstayed their permission to remain – for example stayed for longer than 90 days without a visa or residency permit – or they have undertaken unauthorised employment.

Of the 681,200 non-EU citizens found to be illegally present in the EU in 2021, only 590 (less than 1 percent) were British. Some 110 cases were due to overstays, 90 to illegal entry and 210 for “other reasons”.

Switzerland reported 75 overstays and 50 illegal entries.

Malta reported 70 Britons, all for overstays. 

Germany found 140 Brits to be illegally present in the country’s territory in 2021; the Netherlands 55; France 50; Austria, Sweden and Norway 30; Italy 25; Denmark 5; Spain none. 

Deportations

In total 195 UK citizens were returned from EU countries in 2021 after receiving an order to leave. The largest number, 70, were deported from Malta, followed by the Netherlands (30), Latvia (20), Austria and Poland (15), Denmark and Belgium (10).

The data is not available for France, Italy and Spain. 

In comparison, some 82,700 non-EU citizens were returned to another country in 2021, with Ukrainians and Albanians representing the largest share. This was before the start of the war in Ukraine, when most EU countries relaxed visa rules for Ukrainians.

For more info on these statistics READ MORE.

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RESIDENCY PERMITS

The difficulties of moving to Sweden as a non-EU spouse… even if you marry a Swedish princess

Sweden's Princess Madeleine and her British-American husband, Chris O'Neill, are returning to Sweden after living in Florida since 2018. But how can Chris move to Sweden as a non-EU citizen?

The difficulties of moving to Sweden as a non-EU spouse... even if you marry a Swedish princess

Princess Madeleine and Chris O’Neill are moving back to Sweden with their three children in August. We hope they like it here.

Unfortunately for O’Neill, some things have changed since he left Sweden in 2015. Brits are no longer EU citizens, which means he’ll have to apply for a residence permit like all the other non-EU citizens planning a move to Sweden.

Unlike before, when O’Neill could live in Sweden as a self-sufficient EU citizen with comprehensive health insurance, there’s no such option for non-EU citizens, meaning he’ll have to fulfil the criteria for a non-EU residence permit (uppehållstillstånd), apply from abroad, and potentially wait for his permit to be processed before he can enter Sweden.

With waiting times well over a year for both family reunification permits and work permits, planning a move to Sweden in just a few months might be a bit… optimistic.

What options does Chris O’Neill have?

The most obvious route for O’Neill to take is a residence permit for moving to someone in Sweden, sometimes also referred to as a sambo permit.

O’Neill qualifies for this, as he is married to a Swedish citizen. His wife must also be able to support him and his three children. According to the Migration Agency, this maintenance requirement is fulfilled if the family member in Sweden has enough money to pay for their home, as well as living costs for the family.

The Migration Agency states more specifically that the Swedish family member must earn 9,445 kronor per month to support a couple living together, plus 3,055 kronor per month for each child under the age of six and 3,667 kronor for each child aged between 7 and 10 years old.

The couple’s children are aged 5, 7 and 9, meaning that Madeleine will need earnings of at least 19,834 kronor a month (after tax) on top of housing costs in order to fulfil this requirement. She can also fulfil this requirement by having enough savings to support the entire family for at least two years – so a mere 476,016 kronor, plus whatever their housing costs will be for the two-year period.

Let’s assume that she can cover the family’s living costs – she’s a member of the Swedish royal family, after all. 

Next, Madeleine needs to have a home “of a suitable size and standard” for the family to live in together.

The Swedish Migration Agency states that a family consisting of two adults needs to have an apartment with a minimum of one room and a kitchen or kitchenette, with more rooms necessary if the family has children. Two children can share one room, it states, meaning that O’Neill and Madeleine need a room with at least three rooms, one kitchen and one bathroom for them and their three children.

The family’s seven-room apartment by Nybroplan in Stockholm is definitely “of a suitable size”, and after a six million kronor renovation a few years ago we can assume that the standard is up to scratch.

O’Neill will also have to provide proof of identity with a valid passport. He’s a citizen of the US and the UK, so here he can choose whichever passport he prefers.

Great, so Madeleine and Chris O’Neill easily fulfil the requirements. 

What are the next steps? 

Firstly, as Madeleine is a Swedish citizen planning on moving to Sweden with a family member who does not hold EU citizenship, the couple will need to prove that they are planning on moving to Sweden “within the near future”. They can do this by providing a housing contract or a job offer, or presumably a press statement from the Swedish royal family stating their plans to move over in August.

O’Neill can’t move to Sweden until his application has been processed, but he is allowed to visit Sweden for up to 90 days at a time, and, as a citizen of a visa-free country, he doesn’t need a visa to do so.

He may also need to visit a Swedish embassy abroad in order to undertake an interview before his application can be processed.

With the family planning on enrolling their children in Swedish schools this autumn, it looks like Chris and Madeleine – like many couples consisting of a Swede and a non-EU citizen – will have to live apart, with Chris separated from his children for months at a time.

In that time, he won’t be eligible for a Swedish personal number, Swedish healthcare, or any other benefits such as sick leave or VAB.

He’ll also have trouble getting BankID or opening a Swedish bank account (unless he already has one from last time they lived in Sweden), and may struggle to get a gym membership, phone contract, or even a membership card at the local ICA (do husbands of princesses do their own food shopping?)

As a British citizen applying for a residence permit for the first time to move to someone in Sweden for the first time who he has been living together with outside Sweden for at least two years, O’Neill can expect to wait around 15 months. Now, that figure isn’t a guide – technically, only 75 percent of recently closed cases matching those criteria were concluded within 15 months – so he could have a much longer or much shorter wait before he’s reunited with his family.

You may be thinking ‘but he’s a successful businessman, can’t he just apply as a self-employed person’? Well, yes, if he wants, but then he’ll be waiting even longer – 75 percent of recently closed cases for permits as a self-employed person got an answer within 29 months.

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