Contrast the post-Brexit experience of British nationals in Sweden, where thousands face deportation, with Germany, which has taken a vastly different administrative path. While the transition out of the European Union disrupted lives across the continent, the choice of residency systems has created starkly different realities for British expats. In Sweden, Eurostat figures indicate that 2,500 British citizens have received deportation orders, and approximately 458 have been forcibly removed or deported since Brexit took effect. This stands in sharp contrast to Germany, where British residents have largely been spared such drastic enforcement measures.
The scale of the crisis in Sweden is highlighted by figures from the UK Foreign Office, which reveal that 27.5 percent of British applicants in the country were refused post-Brexit residency. This rejection rate dwarfs the European Union average of less than 4 percent. Prominent cases have brought international attention to the issue, including that of Joyce Thomas, a 78-year-old retired nurse. Despite having lived in Sweden for 21 years, Thomas now faces deportation because she submitted her application for post-Brexit residency rights after the official deadline.
In Germany, the legal framework for British citizens who arrived before the December 31, 2020 cut-off date is fundamentally different. Their rights are protected under the post-Brexit Withdrawal Agreement, granting them the right to obtain an Aufenthaltsdokument-GB to formally document their status. After residing in the country for five years, these individuals become eligible to apply for permanent residence. Crucially, the lack of widespread deportations in Germany stems from its choice of a "declaratory" residency scheme.
Under the terms of the Withdrawal Agreement, individual EU member states were permitted to decide how they would document the rights of British nationals. Germany selected a declaratory system, under which British citizens automatically retain their residency rights as long as they meet the criteria, regardless of whether they have registered with local authorities. Conversely, Sweden opted for a "constitutive" system, which mandates that British nationals actively apply for a new residence status to have their legal rights recognized.
Matt Bristow, a representative of the advocacy group British in Germany, emphasized that this structural choice is the primary reason Germany has avoided the wave of permit rejections and deportations seen in Sweden. Bristow noted that British in Germany had actively lobbied for a declaratory system during the Brexit transition. He explained that under Germany's system, individuals possessed their rights automatically if they met the requirements, without the necessity of filing an application. Had Germany chosen a constitutive system like Sweden's, Bristow warned, the country would likely have faced the exact same crisis of residents being refused permits or ordered to leave.
Immigration experts also point out that Sweden has adopted an exceptionally strict interpretation of EU residence criteria, making it a notable outlier even among other nations utilizing constitutive systems. Additionally, Sweden's domestic immigration landscape has grown increasingly restrictive. Since 2022, the Swedish government has substantially increased the minimum salary threshold required to secure a work permit. It has also raised the financial maintenance and housing standards required for family reunification, presenting severe obstacles for British nationals in lower-paying jobs who need to renew temporary permits.
David Milstead, a physicist at Stockholm University who volunteers with the Brits in Sweden support group, observed that the current wave of deportation orders reflects the finalization of earlier residency rejections. Milstead explained that while some individuals were previously granted temporary reprieves, Sweden's significantly toughened national residence laws have made it extremely difficult for them to transition to permanent residency under national law, leaving many with no choice but to depart. Bristow echoed this sentiment, expressing gratitude for the protective path Germany chose to safeguard British residents' rights.
Despite the lack of deportations, British nationals living in Germany have not experienced a completely seamless process. Many have encountered significant hurdles when trying to secure their permanent residence titles, primarily due to confusion within local immigration offices regarding the specific rules of the Withdrawal Agreement. Bristow reported that some expats receive highly conflicting information or are incorrectly told they do not qualify for permanent status, though he clarified that such administrative errors do not mean they are required to leave the country.
According to British in Germany, advisors frequently encounter cases where local officials mistakenly instruct British nationals to apply for standard residence permits rather than recognizing their protected rights under the Withdrawal Agreement. Bristow remarked that while the overwhelming majority of British citizens in Germany should now qualify for permanent status—having resided there for more than five years—the incorrect advice and unnecessary administrative demands have caused considerable stress. He urged British nationals to remain fully informed of their specific rights under the Withdrawal Agreement.
Compounding the difficulty of assessing the situation in Germany is a lack of comprehensive statistical data regarding how many British nationals have been refused residence permits or permanent status. A spokeswoman for the German Interior Ministry confirmed that the government does not record statistics on residence permit refusals for this group. However, she noted that the number of British nationals required to leave Germany did not change significantly between 2015 and 2025 when comparing the pre- and post-Brexit periods, with the annual figure consistently remaining in the double digits. By the end of 2025, approximately 77,500 British nationals were residing in Germany.
Another issue affecting foreigners in Sweden is tougher immigration rules.
"We've definitely heard of people being given the wrong advice," Bristow said.
