Briton with severe health issues in hiding in Sweden over Brexit residency error

Mark Smith says Swedish authorities initially told him he did not need to apply to remain after Brexit

By LineZotpaper
Published
Read Time2 min
A seriously ill British man living in Sweden has gone into hiding with his wife after being told he must leave the country by 17 October, following what he describes as a Brexit residency error. Mark Smith, 60, who suffers from heart attacks, strokes and chronically high blood pressure, says Swedish authorities initially assured him he did not need to take any action to stay after Brexit, but Sweden was among a group of EU states that required a formal application.

Mark Smith, a 60-year-old British man with severe health conditions including heart attacks, strokes and chronically high blood pressure, has moved out of his home in Falkenberg, southwest Sweden, to a caravan park after being told he risked deportation.

Smith has lived in Sweden since 2017. He says he asked the tax authorities on three separate occasions whether he needed to take any steps to remain in Sweden after Brexit, and was told he did not. He worked, had private health insurance, supported his wife and registered on the population register administered by the national tax authority, as required under Swedish rules.

However, Sweden was among 13 of the 27 EU member states that required Britons living in the country before Brexit to make a formal application to remain. Other countries, such as Spain, used a simpler declaration system.

Smith said he was unaware of the application requirement. “I asked the tax authorities three times on different occasions if I had to do anything because of Brexit and they said no, telling me I had to wait for five years to apply for permanent residence,” he told the Guardian.

He was later told by phone that he was an “alien” without permission to stay and should leave by 17 October. A court ruled on 12 October that a decision on deportation would not be suspended, but gave Smith until 20 October to submit an application for a retrial.

“We are in hiding, we daren’t go back to our apartment. We are scared to go out as we don’t know if the police will come and take us,” Smith said.

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Analysis

Why This Matters

  • The case highlights the human impact of post-Brexit residency rules, which vary between EU member states and can leave people vulnerable to deportation through no fault of their own.
  • If Smith is deported, it could set a precedent for other Britons in Sweden and elsewhere who may have relied on incorrect advice from local authorities.
  • The situation raises questions about the duty of EU member states to provide clear and consistent information to UK nationals who moved in good faith before Brexit.

Background

After the UK left the EU, the Withdrawal Agreement protected the rights of UK nationals living in EU countries before the end of the transition period (31 December 2020). However, the implementation was left to individual member states. Some countries required UK nationals to apply for a new residence status, while others automatically granted it or used a simple registration system. Sweden chose the formal application route, alongside 12 other EU states, but communication about this requirement appears to have been inconsistent. Smith says he was repeatedly told by the Swedish tax authority that no action was needed.

Key Perspectives

Mark Smith: A British man with serious health problems who says he followed Swedish advice and now faces deportation. He maintains he was never informed of the need to apply formally and has gone into hiding to avoid removal.

Swedish Migration Agency: The agency has ruled that Smith lacks permission to stay. Sweden's position is that the legal requirement for formal applications applies to all UK nationals who want to retain residency, regardless of earlier advice from other state bodies.

Critics of the system: The case points to a broader failure in information-sharing between Swedish government agencies. If the tax authority gave incorrect advice, Smith should not bear the penalty, but the current process places the burden on the individual.

What to Watch

  • 20 October deadline for Smith to submit a retrial application.
  • Whether the Swedish Migration Agency agrees to reconsider his case given the conflicting advice he received.
  • Potential political attention and diplomatic involvement from the UK government, which has previously dealt with similar cases of Britons caught in post-Brexit residency gaps.

Sources

Zotpaper

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