Lewis Silkin – Changing European immigration requirements will impact British travellers

If you are a British traveller planning to visit or transit through the Schengen area, you may soon be affected by upcoming European immigration requirements, including the Entry/Exit System (EES) and the European Travel Information and Authorisation System (ETIAS). This article explains the timing and impact of the EES for travellers, businesses and UK transport terminals, as well as providing an update on ETIAS.

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What is the Entry and Exit System (EES)?

The EES will register all visa-free and visa-required travellers entering the Schengen area for short stays. Registration will not apply to citizens of Schengen member countries, or to the two EU countries (Cyprus and Ireland) that are not parties to the Schengen agreement. It will be a requirement for British citizens travelling on a British passport unless an exemption applies.

If you need to register your details with the EES, no action will be needed before your trip; registration happens at the external border of any of the 29 European countries that are members of the Schengen area.

The EES will collect your facial image, fingerprints, travel document data, and record the time and place of entry and exit. It will also log any previous refusals of entry, including details of the refusal. This will replace manual ‘wet stamping’ of passports.

Using advanced technology, the EES will create a detailed travel history, calculate the duration of your authorised stay, generate alerts when your stay is due to expire and flag if you overstay. It will improve border management, detect document and identity fraud, and monitor unauthorised short stays. The goal of the system is to make external borders stronger, smarter and more secure.

When is EES being rolled out?

If the EES applies to you, then starting from 10 November 2024, you will need to register your biometric information at border crossing points when entering for the first time since the EES was implemented.

You will also need to re-register every three years.

What are the main impacts of EES?

For travellers:

There is a 90/180 day rule for British and other non-EU visitors to the Schengen area. This limits presence in the Schengen zone to a maximum of 90 days in any 180-day period. The EES will enable stricter enforcement of this rule by digitally tracking entry and exit dates. Travellers will need to take care to comply with this rule to avoid penalties or entry refusals, such as not being permitted to re-enter the country.

Click here to use the short-stay visa calculator, which can assist with monitoring presence in the Schengen area and ensuring the 90/180 day rule is not breached.

The EES will streamline border checks, but you should be prepared for potential delays, especially during the initial implementation phase. It’s a good idea to bring food, water, plus any necessary medication, as queues might be longer than usual. It will add two to three minutes of processing time per passenger, up from about 45 seconds at present.

For airline passengers, at larger hubs, you’ll be directed to kiosks, much like those at US airports, to answer multiple-choice questions, have your fingerprints captured, and a photo taken. After that, you’ll proceed to the border as usual. At smaller airports, your picture and fingerprints will be taken at the border-control booth, and the questions will be asked by the official.

For businesses:

Businesses should consider:

  • Reminding staff of the 90/180 day rule, noting that following the introduction of EES, this will be routinely enforced;
  • Directly monitoring the presence of staff as visitors to the Schengen area, to minimise the risk that a staff member may not be eligible to travel to the area on business due to excessive personal and business visits; and
  • Ensuring that the purpose and scope of business-related travel to the Schengen area is actively monitored, and that appropriate work permission is secured in advance of travel, if required.

For further information, see our earlier article here.

For transport terminals:

The European Commission, EU member states, local authorities, and the travel industry are preparing ports for the EES. In the UK, this includes funding of £3.5 million each for Eurostar, Eurotunnel, and the Port of Dover for registration kiosks and infrastructure.

Eurostar will have 50 kiosks across three stations, with the aim of making EES registration quick and easy. Eurotunnel will have over 100 kiosks. The Port of Dover will have 24 kiosks for coach passengers, as well as using agents and tablets for car passengers to streamline the process.

What’s the latest on the European Travel Information and Authorisation System (ETIAS)?

The new European Travel Information and Authorisation System (ETIAS) is a pre-travel authorisation system.

The EES is being introduced ahead of the launch of the European Travel Information and Authorization System (ETIAS), which is a pre-travel authorisation system for citizens of certain countries (including the UK) who aren’t required to get a visa before visiting the Schengen area. It’s similar to the American ESTA.

ETIAS is currently due to launch in the first half of 2025, although this timeline could slip as it has been pushed back before.

Once ETIAS becomes a requirement, it will apply to British visitors unless a specific exemption applies.

If you are required to get an ETIAS authorisation, you’ll need to apply online or via a mobile app, and your information will be checked against EU security systems. You’ll need to provide passport details and answer a series of questions, for example about criminal records and medical conditions.

Most applications should be approved within minutes, but it could take up to 30 days. An ETIAS authorisation will be valid for three years or until your passport expires, costing €7 (£6) for those aged 18 to 70, and free for others.

ETIAS will allow unlimited visits within its validity period but is linked to your passport, so if your passport expires, you’ll need a new ETIAS.

Frequently asked questions about ETIAS are available here.

Need some more information?

We have created a set of template communications and guides to help businesses explain the rollout of the EES to people teams and staff. If you would like to learn more, please get in touch with a member of our Immigration team.

 

Related Item(s): Immigration

Author(s)/Speaker(s): Supinder Singh Sian, Clara Le Chevallier, George Hannah,