A Briton with severe health issues is in hiding, fearing deportation from Sweden due to a Brexit residency error. Mark Smith, 60, who has suffered heart attacks, strokes, and chronically high blood pressure, was told by Swedish authorities to leave the country by 17 October because he was considered an "alien" without permission to stay.
Who Is Mark Smith and Why Is He Facing Deportation?
Mark Smith, 60, has lived in Sweden since 2017. He worked, had private health insurance, supported his wife, and registered with the Swedish population register as required. After Brexit in 2020, he was told by authorities that he did not need to do anything to remain in Sweden. However, he was unaware that Sweden was among 13 EU member states requiring Britons living there before Brexit to make a formal application for residency.
The Brexit Residency Error: What Went Wrong?
Smith's case highlights a critical Brexit residency error. Many Britons in the EU were caught off guard by varying rules across member states. While some countries automatically granted residency, Sweden required a formal application under the Withdrawal Agreement. Smith says he was misinformed by authorities, leading to his current predicament.
Consequences for Smith and His Wife
Fearing deportation, Smith and his wife left their home in Falkenberg, south-west Sweden, and moved to a caravan park. "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," he said. A court ruled on 12 October that the deportation decision would not be suspended but gave him until 20 October to submit an application for a retrial. The background to this story is set out in British Widow Facing Deportation from Sweden Calls It a Death Sentence. A related thread runs through Brexit Deportation Threat for British Widow in Sweden After 21. Earlier coverage in British Widow, 78, Faces Deportation from Sweden After 21 Years shows how the argument developed.
Comparison of Residency Requirements Across EU Countries
The table below shows how Sweden's requirements compare to other EU countries for Britons post-Brexit. A closer look at the same subject appears in Brexit Deportation of British Widow, 78, Sparks Outrage in Sweden. Anyone following the wider picture can start with British Widow, 78, Fights Deportation from Sweden After 21 Years. The same theme surfaces in Brexit Fallout: British Man Faces Deportation from Sweden, which takes a different angle.

| Country | Formal Application Required? | Deadline for Application | Automatic Residency? |
|---|---|---|---|
| Sweden | Yes | Specific deadline (e.g., 17 Oct for Smith) | No |
| Germany | Yes | Within 3 months of Brexit | No |
| France | Yes | Before 1 July 2021 | No |
| Spain | Yes | Before 31 Dec 2020 | No |
| Italy | Yes | Before 31 Dec 2020 | No |
Key Takeaways for Britons in the EU
- Check residency requirements in your EU country of residence immediately.
- Keep records of any communication with authorities regarding your status.
- Seek legal advice if you are unsure about your residency rights.
- Don't assume that pre-Brexit residency automatically grants you the right to stay.
What Can Be Done? Legal Options and Support
Smith's case is ongoing, with a retrial application pending. Britons in similar situations should contact immigration lawyers specializing in EU residency post-Brexit. Organizations like the3million and British in Europe offer support and guidance. It's crucial to act quickly and gather all relevant documentation. Context on how this played out before sits in British Widow Faces Deportation from Sweden After 21 Years: Brexit. A companion piece, EU Citizens in UK Face Residency Rights Error Letters, approaches the same subject from another angle.
FAQ
What is the Brexit residency error?
The Brexit residency error refers to misunderstandings or misinformation about the need to apply for residency in EU countries after Brexit. Many Britons were unaware that some countries required a formal application to retain their rights.
Can I be deported from Sweden if I am ill?
Yes, deportation can occur regardless of health status if you do not have legal residency. However, health issues may be considered in appeals or retrials. It's essential to seek legal advice immediately.
What should I do if I'm a Briton living in the EU without proper residency?
Contact an immigration lawyer or a support organization like the3million. Gather all documents showing your residence, work, and ties to the country. Apply for residency as soon as possible if you haven't already.