Mark Smith, a 60-year-old British man, is in hiding in Falkenberg, Sweden, with his wife Petra after a Swedish court ruled on October 12, 2026, against suspending his deportation, categorizing him as an "alien" without permission to stay. The ruling gave Smith until October 20, 2026, to "submit his application for a retrial" regarding "the grounds for the decision on indefinite deportation".

Smith's situation highlights the human cost of differing interpretations of the post-Brexit Withdrawal Agreement by EU member states and Sweden's unusually high refusal rate for residency applications from British citizens. It also brings into focus the challenges faced by vulnerable individuals who claim to have received incorrect information regarding their status after Brexit.

What the records show

Mark Smith moved to Sweden in 2017, securing a job, private health insurance, and registering with the national tax authority. He states Swedish tax authorities repeatedly advised him that he did not need to take action to remain in the country after Brexit. This advice, he claims, led him to believe he did not need to apply for the new residence status mandated by Sweden for British citizens covered by the Withdrawal Agreement.

The Brexit transition period ended on December 31, 2020. British nationals lawfully resident in Sweden by that date were generally covered by the Withdrawal Agreement, but Sweden, like 12 other EU member states, required a formal application for residence status. The deadline for this application was December 31, 2021. Late applications are accepted only in "exceptional cases with a reasonable written explanation," and "not knowing about the deadline does not count" as a valid reason.

By 2024, Sweden had rejected nearly 4,000 of 14,233 post-Brexit residency applications, a rate three times higher than any other EU state and significantly above the bloc's 3-4% average. Between 2021 and 2025, 2,490 UK nationals were ordered to leave Sweden, almost a third of the total across all 27 EU member states. As of September 2026, Sweden had deported 458 British citizens.

The Timeline

Smith moved to Sweden in 2017. The Withdrawal Agreement became effective on February 1, 2020, and the Brexit transition period concluded on December 31, 2020. The deadline for British citizens in Sweden to apply for post-Brexit residence status was December 31, 2021. Smith's residency issues surfaced in 2021 when he applied for sickness benefits. On October 12, 2026, a Swedish court ruled against suspending a deportation decision but granted him until October 20, 2026, for a retrial application. He was notified by phone on October 17, 2026, that he should leave Sweden by that date.

What Changed and For Whom

Post-Brexit, British citizens in EU member states no longer had automatic rights of residence. While the Withdrawal Agreement aimed to protect rights for those resident before December 31, 2020, Sweden's requirement for a new residence status application and its strict interpretation of late applications created a new hurdle. The UK FCDO noted that "in practice" late applicants in Sweden are "not likely to have their reasonable grounds accepted". This has affected vulnerable Britons like Smith, Joyce Thomas, a 78-year-old widow, and Horace Mason, a 74-year-old with vascular dementia.

What the Subject Has Said Publicly

Mark Smith expressed his fear, stating, "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". His wife, Petra, highlighted his severe health conditions, asking, "He has been told he can't drive, he can't fly – what do they expect him to do? Get up and walk to England?".

Johan Forssell, Sweden's migration minister, stated the Migration Agency had "fulfilled its commitments" regarding the Withdrawal Agreement, a view he claimed the European Commission shared. Forssell added the government was "investigating whether further measures can be taken to facilitate the process in the future". David Milstead, a British-Swedish citizens' rights activist, called Smith's case "depressingly familiar" and questioned the European Commission's stance, arguing that "Sweden stands out so starkly from other EU countries, and there are serious questions that remain unanswered".

What we could not confirm

The precise content of the advice Mark Smith states he received from Swedish tax authorities regarding post-Brexit residency requirements is not detailed. The specific "further measures" the Swedish government is investigating to facilitate the process for late applicants, as mentioned by Migration Minister Johan Forssell, are not publicly known. Details of the European Commission's conclusion that Sweden's treatment of late applications does not warrant a challenge, especially given activist David Milstead's questioning of this stance, are also not available.