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BREXIT

Defeat for rights of Britons wanting to return from EU in future

A proposal to protect the family rights of British people in Europe returning to the UK has been voted down in the UK parliament.

Defeat for rights of Britons wanting to return from EU in future
Brits may be 'locked out' of the UK if their EU partner can't meet income requirements. Photo: AFP

While British people who move to live within the EU before December 31st 2020 are protected by the Brexit Withdrawal Agreement, this doesn't cover family reunification rights if they want to return to the UK.

So if British people now living in the EU and married to an EU national want at some point to return to the UK, their EU spouse will be subject to the UK's strict new immigration rules.

READ ALSO What is the Brexit Withdrawal Agreement and does it cover me?

 

These include language and income requirements and mean that some British people face having to make a choice between their family in the UK and their European partner or spouse – those who return to the UK to care for family members for example may struggle to meet income requirements.

The citizens' rights group British in Europe has been supporting 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.

However the amendment was defeated by a vote in the House of Commons on Wednesday.

A spokesman for British in Europe said: “We are of course disappointed by the result, and appreciated the support of all the peers who spoke up for us and especially Baroness Hamwee, who put the arguments so well and the amendment to a vote again.

“Obviously the government recognises the unfairness of this change, otherwise they wouldn’t have agreed to a grace period at all, although a three-year grace period that starts before the rules have changed is a nonsense!

“We simply don’t understand why the rules could not remain unchanged for a finite group of people for a finite and fair period and only for pre-existing family members as we asked.

“But this is also a wider issue about the fairness generally of the minimum income requirement for all those affected and we are very glad that Baroness Hamwee alluded to that too.”

Unlike most new Brexit rules, which come into force at the end of the transition period on January 1st 2020, the new immigration rules for the EU family members of British people living in the EU have a grace period – they will not come into effect until March 2022.

It means that many British people living in the EU, especially those with ageing family members back in the UK, may now need to have serious conversations about where they see their long-term future.

Although the Brexit Withdrawal Agreement gives many guarantees for people to be able to stay in the country they are currently living in, it doesn't cover any onwards moves to another EU country and it in effect 'locks out' many Britons from returning to the UK, unless their EU partners can fit the new immigration criteria.

READ ALSO 'Doors will close for Brits in the EU' – why the UK's immigration proposals sparked alarm

 

 

 

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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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