ECAS logo ECAS logo

Once again Sweden fails to comply with EU regulations, says EU Rights Clinic.

13 September 2018

The EU Rights Clinic has again referred Sweden to the European Commission for its failure to abide by EU law.

In a second complaint to be filed against Sweden in under a year, this case relates to the failure of the Swedish Migration Agency (Migrationsverket) to issue residence cards to non-EU family members of EU citizens within the deadline of six months laid down by EU law.

The evidence collated by the EU Rights Clinic and its partner Crossroads in Göteborg shows that it can take up to two years for the Migrationsverket to process such applications.

The delay in issuing residence cards is affecting the ability of non-EU family members to lead a normal life in Sweden. The affected family members cannot prove their right to work, they are unable to leave Sweden while awaiting their residence card, and the state of uncertainty caused by excessive delays is leading many to anxiety and even depression.

In previous cases involving similar delays in processing applications for residence documents for family members of EU citizens in Ireland, Spain and the UK, the Commission opened official infringement cases against these Member States, which eventually led those countries to take the necessary measures to comply with the six-month deadline.

The EU Rights Clinic urges the Commission to take similar robust enforcement action against Sweden, including launching formal infringement proceedings before the EU Court of Justice in the event Sweden fails to take swift action to remedy the situation.

Find background details here, as well as the Executive Summary of the Complaint.

If you would like to support the EU Rights Clinic’s Complaint, or if you or your family member have suffered similar delays to the issuing of your residence cards please indicate your name, job title, organisation and email address in the following form.

Read article about the Complaint published by The Local (Sweden) here.

The EU Rights Clinic is a collaboration between ECAS and the University of Kent in Brussels. As part of the ACT for Free Movement project, funded by EPIM, the EU Rights Clinic is investigating cases of breaches of free movement rights in EU Member States. This complaint was submitted in cooperation with Crossroads of the Göteborgs Kyrkliga Stadsmission. Together, the EU Rights Clinic and Crossroads Göteborg have received 20 complaints from affected EU citizens and their family members.