Why the UK must be ready for new border rules

After Brexit, UK residents have experienced various effects from the end of the freedom of movement and the introduction of these new electronic systems will only make this more apparent. The Entry/Exit System (EES), which registers non-EU nationals travelling within the region, is planned to be rolled out in 2025.

The EES will replace physical passport stamping and require travellers crossing external EU borders to submit biometric checks including facial image and fingerprint scans, which will be kept on file for three years, and in some cases, even longer.

Many fear that this new system will lead to an increase in waiting times when entering - and thus, immigration queues - particularly at crossing points such as Port of Dover for ferry services and Eurostar’s international station at London’s St Pancras. In addition, the new system will monitor the days spent in the Schengen Area and will make it easier for authorities to enforce the 90 days in any 180-day rule and sanction overstayers.

However, the EES is not the only new entry system awaiting visitors to the EU as the European Travel Information and Authorisation System (ETIAS) finally comes to fruition.

The ETIAS is a travel authorisation that UK citizens, and numerous other nationals who have become accustomed to visa-free travel within the EU, will need to apply for before travelling to the Schengen Area in mid-2025. ETIAS will be a mandatory requirement for UK citizens who are visa-exempt when travelling to the Schengen Area.

The travel industry has raised concerns about the lack of public awareness of the new systems and their potential impact on both travellers and the industry.

To prepare, visitors must familiarise themselves with these significant changes. 

What is EES?

• Aims to modernise border management by electronically registering non-EU nationals’ entries and exits, or entry refusals;
• Designed to make border checks more efficient;
• Helps combat identity fraud by collecting biometric data;
• Improves security within the EU;
• Acts as an identification verification tool, and so helps to combat organised crime and terrorism.

Does it apply to you?

The EES applies if you are a non-EU national travelling for a short stay to a European country and you either:

• have a short-stay visa; or
• do not need a visa to stay for a maximum of 90 days in any 180-day period.

Some categories of travellers will not be subject to the EES (for instance, family members of EU citizens who are accompanying or joining their EU family member), therefore it is important to know which rules apply to you.

Governments will be able to use the EES data to track and identify anyone who overstays the maximum allowed time within a particular country or the Schengen Area.

What is ETIAS?

ETIAS, which be operational in the middle of 2025, will work in a similar way to the ESTA scheme in the United States. The authorisation will be required for travel to 30 countries. Travellers will apply online at a cost of EUR7 (free for those under 18 and over 70 years of age), and it will be valid for three years or until passports have three months or less validity, whichever is first.

Air and sea carriers bear the burden of ensuring that travellers have this documentation by verifying their documents 48-hours before departure. There will nevertheless be a transition period of six months during which travellers without an ETIAS will not be refused entry as long as they fulfil all remaining entry conditions. Additionally, there will be a grace period of another six months during which ETIAS-required citizens coming to Europe for the first time since the end of the transition period will be allowed to enter without an ETIAS if all remaining entry conditions are met. All other travellers will be refused entry if they do not hold an ETIAS travel authorisation.

How can travellers comply?

• Stay abreast of changes and delays with the implementation of these systems
• Once available, apply for your ETIAS authorisation well in advance, before booking your travel or accommodation.
• Ensure your passport details correspond to those in your ETIAS authorisation. If not, you will be refused entry.
• Retain evidence of your approved ETIAS once issued
• Ensure your ETIAS is valid and how long you can stay in the countries requiring ETIAS.
• Ensure your passport is valid for three months after your intended departure from the European countries requiring ETIAS.

It’s essential for the business travellers to prepare for the rollout of these new systems. Employers should ensure that their business travel population is fully informed about the new requirements as they plan their journeys.  Technology platforms such as Nomadic can help organisations to navigate these changes.

 

About the authors

Andreia Ghimis is a Manager in Fragomen’s Brussels office, where she leads the Fragomen Consulting team that specializes in building European immigration solutions for clients that have operations in multiple EU countries. Andreia has significant experience advising on mobility strategies for intra-company transfers, remote work policies, and Schengen compliance requirements. Connect with Andreia on LinkedIn.  Nomadic Director Jen Fackelman is a recognized thought-leader in short-term cross-border business travel. An industry innovator, Jen brings extensive experience to the business travel conversation and opens new and exciting debates on topics. She is based in London. Connect with Jen on LinkedIn.