Mark Smith, 60, arrived in Sweden with his wife Petra in 2017, hoping for stability after Brexit. He had been granted a work permit, private insurance and was registered with the Swedish Tax Agency, all of which he relied on to remain legally resident.
In 2021, after suffering a heart attack and a stroke, Smith applied for sickness benefits and was told that he had missed a post‑Brexit residency application deadline. He and Petra filed the required paperwork by 31 December 2021, but the Swedish Migration Agency rejected it on 12 October 2026, citing the absence of a ‘family‑connection’ clause, a requirement that does not apply to free‑movement rights.
The denial has plunged the couple into a state of limbo; they fled their Falkenberg apartment and now sleep in a caravan park, fearing police intervention. Smith, who suffers chronic hypertension and severe headaches, has been medically advised not to drive or travel, leaving him physically unable to comply with any deportation order.
Campaigner David Milstead, who works with British citizens in Sweden, says Smith’s case reflects a systemic failure to inform expatriates about residency obligations. He urged the European Commission to intervene, noting that Sweden has previously denied violating EU withdrawal agreement obligations.
A Swedish judge has ordered that Smith must submit an application for a retrial by 20 October, after which authorities will decide whether to uphold the deportation or grant an extension. The couple awaits the outcome, hoping the High Court will overturn the Migration Agency’s decision.