Reader question: Can British-Swedish dual citizens apply for post-Brexit residency status?
Our recent articles on post-Brexit residency status have had questions from our readers on how dual citizenship affects applications. In this article, we try to provide answers.
Question: I don’t understand how someone with dual British/Swedish citizenship can apply for residency status when their Swedish citizenship automatically gives them the right to residency. Surely once you have obtained Swedish citizenship you can’t also apply for post-Brexit residency status in Sweden because you already have it through your citizenship. Or am I misunderstanding something here?
To answer this question, we need to get into the nitty-gritty of what rights the new post-Brexit residency status gives you.
The first, more obvious right, is the right to continue living in Sweden. Our reader is correct here in that those with Swedish citizenship don't need post-Brexit residency status to continue living here. This also applies to dual EU/British citizens, who have right of residency in Sweden as long as they fulfill EU criteria.
READ ALSO: Should British-Swedish dual citizens still apply for post-Brexit residence status?
However, the less obvious right which post-Brexit residency status protects is the right for your family members to come and join you in Sweden visa-free. The Swedish Migration Agency describes it like this: "If you have residence status, more family members than just your spouse/cohabitating partner and underaged children can apply to move to live with you. This applies, for example, to parents or children over 21 who are financially dependent on you. The same also applies to the family members who are not EU/EEA citizens and want to visit you and usually apply for a visitor visa to come to Sweden. In their case, the application is also free-of-charge in contrast to if you have a permanent residence permit in Sweden or a Swedish citizenship."
READ ALSO: Living in Sweden post Brexit: who has to apply for residence status?
This last benefit is the reason why some people with permanent residence permits or Swedish citizenship may wish to apply for post-Brexit residence status, even though they don't technically have to in order to stay in Sweden.
But, not everyone who has dual Swedish/British citizenship, EU/British citizenship, or a permanent residence permit can apply for post-Brexit residency status – only those who also qualify for residency under EU rules. This is why some of our readers have contacted us with questions on how they should fill in the form when applying for residence status, as it asks what you have been doing in Sweden (working, studying, supporting yourself, or a family member of a British resident in Sweden). Those who have residency due to other reasons (such as accompanying a Swedish citizen), are therefore unable to apply.
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).
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Question: I don’t understand how someone with dual British/Swedish citizenship can apply for residency status when their Swedish citizenship automatically gives them the right to residency. Surely once you have obtained Swedish citizenship you can’t also apply for post-Brexit residency status in Sweden because you already have it through your citizenship. Or am I misunderstanding something here?
To answer this question, we need to get into the nitty-gritty of what rights the new post-Brexit residency status gives you.
The first, more obvious right, is the right to continue living in Sweden. Our reader is correct here in that those with Swedish citizenship don't need post-Brexit residency status to continue living here. This also applies to dual EU/British citizens, who have right of residency in Sweden as long as they fulfill EU criteria.
READ ALSO: Should British-Swedish dual citizens still apply for post-Brexit residence status?
However, the less obvious right which post-Brexit residency status protects is the right for your family members to come and join you in Sweden visa-free. The Swedish Migration Agency describes it like this: "If you have residence status, more family members than just your spouse/cohabitating partner and underaged children can apply to move to live with you. This applies, for example, to parents or children over 21 who are financially dependent on you. The same also applies to the family members who are not EU/EEA citizens and want to visit you and usually apply for a visitor visa to come to Sweden. In their case, the application is also free-of-charge in contrast to if you have a permanent residence permit in Sweden or a Swedish citizenship."
READ ALSO: Living in Sweden post Brexit: who has to apply for residence status?
This last benefit is the reason why some people with permanent residence permits or Swedish citizenship may wish to apply for post-Brexit residence status, even though they don't technically have to in order to stay in Sweden.
But, not everyone who has dual Swedish/British citizenship, EU/British citizenship, or a permanent residence permit can apply for post-Brexit residency status – only those who also qualify for residency under EU rules. This is why some of our readers have contacted us with questions on how they should fill in the form when applying for residence status, as it asks what you have been doing in Sweden (working, studying, supporting yourself, or a family member of a British resident in Sweden). Those who have residency due to other reasons (such as accompanying a Swedish citizen), are therefore unable to apply.
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).
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