Passport to Europe: EU’s Updated Travel Rules for Non-EU Visitors
The European Union remains committed to introducing significant changes to border controls for non-EU travellers, including UK citizens albeit with delays to the original planned launch dates. These changes will include a new visa waiver system called the European Travel Information and Authorisation System (ETIAS) and an Entry and Exit System (EES), both designed to enhance security and streamline travel across European borders.
Recap of the New Systems
1. European Travel Information and Authorisation System (ETIAS):
The ETIAS is a new visa waiver that will apply to citizens from various non-EU countries, including the UK, by summer 2025 (a delay to the original 2024 launch date). This waiver will be required for short stays of up to 90 days within a 180-day period in the Schengen area, which covers most EU countries (excluding Ireland and Cyprus) as well as Iceland, Liechtenstein, Norway, and Switzerland. The ETIAS will cost €7 (which the EU Commission notes is far less than the US Esta, which is currently $21) and will apply to passengers aged 18 to 70. Children under 18 and adults over 70 will be exempt from the fee.
2. Entry and Exit System (EES):
The EES is an automated IT system designed to register the fingerprints, photographs, and passport details of non-EU nationals each time they cross the external borders of the Schengen area. The EES is now scheduled to launch on 10 November 2024, following an original launch date of 2022 which was pushed back after several targets were missed. This system aims to enhance security by tracking and storing biometric data, ensuring that travellers’ entry and exit from the Schengen area is accurately recorded.
Why are these systems being introduced?
The EU is implementing these new systems as part of a broader effort to strengthen border security, particularly in response to concerns over migration and terrorism. The ETIAS and EES will enable EU countries to better assess potential security risks posed by travellers from non-EU countries, prevent cross-border crime, and enhance the overall safety of the Schengen area.
As the launch of these systems approaches, travellers from the UK and other non-EU countries need to stay informed about these changes to ensure smooth travel plans to Europe in 2025 and beyond. The government is expected to allocate £10.5 million in funding to prepare for new EU border checks. This financial support will be directed to the Port of Dover, Eurotunnel, and Eurostar in an attempt to reduce travel delays and queues for passengers.
How will the ETIAS work?
Travelers from eligible non-EU countries will need to apply for the ETIAS online or via a mobile app. The application process is expected to take around 10 minutes and will require passport information, along with responses to background questions related to criminal records and medical conditions.
The majority of applications will be automatically approved within minutes. However, some may take up to 72 hours to process, and in exceptional cases, applications could take up to four weeks or be denied altogether.
Once approved, the ETIAS will be electronically linked to the applicant’s passport and will be valid for three years or until the passport expires, whichever comes first. The waiver will allow an unlimited number of visits during its validity period, although it does not guarantee entry; border guards will make the final decision at the point of entry.
How will the EES work?
Those traveling from the UK into the EU must scan their passport (or travel document) in a self-service kiosk before crossing the border. Passports will no longer be stamped. For some it will mean that biometrics (finger prints and facial images) will be scanned and stored in the system the first time they cross the border. Children under the age of 12 will be exempt. It will apply to all non-EU citizens entering the EU, unless they already have a form of immigration permission to enter the EU.
Implementation Timeline
The EES will go live on 10 November 2024, while the ETIAS is expected to be introduced by the first half of 2025. Initially, the ETIAS requirement will not be strictly enforced for at least six months, but travellers are encouraged to obtain the waiver during this period.
What is the latest on the UK scheme?
On 10 September 2024 the Home Office released the following statement:
“Today we are confirming that from 27 November 2024, eligible non-Europeans can apply for an ETA and will need an ETA to travel from 8 January 2025. ETAs will then extend to eligible Europeans from 5 March 2025, who will need an ETA to travel from 2 April 2025.”
Update on minimum salary levels for sponsored work
Minimum salary levels for sponsored work were dramatically increased with effect from 4 April this year, with the general minimum salary for skilled workers increasing to £38,700 and going rates also substantially increasing.
These new rates were written into the immigration rules and reflected in the Home Office guidance. However, over the summer the Home Office announced that there were discrepancies between the rates stated in the immigration rules vs the guidance for several SOC codes. Bizarrely the correct rate has been showing in the guidance with the immigration rules (i.e. the legislation underpinning the immigration framework in the UK) showing an incorrect higher rate. Frustratingly this means anyone following the minimum salary rates laid down in the immigration rules may have incorrectly believed that they were priced out of the role they intended to sponsor.
For example, the minimum going rate for a senior fire officer (SOC code 1163) shows in the rules as £55,500 per year, whereas the same code in the guidance has a minimum rate of £46,300 per year.
The Home Office has confirmed that it has followed the guidance (and not the rules) when assessing applications, and the error will be rectified soon.
Evisa roll out
Anyone with a biometric residence permit should be in the process of creating an online visa account with the Home Office. Previously the Home Office was inviting people in groups to create the account, and over the summer the ‘invitation only’ element was removed, and all with BRP’s are encouraged to get an eVisa account as soon as possible and before the end of the year.
The latest guidance confirms that individuals should keep hold of physical biometric residence permits or cards in case “they can help with future applications to stay in the UK” and for the individual’s “personal records”, even after the card itself expires.
For more information see the Home Office guidance here and our previous post.
Labour’s new immigration strategy
The long and short of it is… there are no real changes to the proposals introduced by the Conservative government.
Labour instead intends to continue implementing the ‘five point plan’ with a slight tweak in that the minimum income threshold for partner visas will remain at £29,000 per year while the Migration Advisory Committee conducts a review. Labour also announced plans for the Home Office to work more closely with the MAC to inform immigration policy going forward, which we can only hope will be a positive step forwards. Currently, the MAC are reviewing reliance on international recruitment in key sectors and we will wait to see their result and recommendations in due course.
Unfortunately, this means that the new increased salary levels, and ban on accompanying family members is here to stay (for the short term at least), despite concerns from employers on their ability to recruit into key sectors.
Yvette Cooper has also announced plans to target and disrupt organised crime networks and illegal working by hiring up to 100 specialist intelligence and investigation officers. Aims include decreasing boat crossings, a ‘surge in enforcement and flight returns’ to increase removals from the UK and a greater focus on identifying and penalising employers for illegal working.
Employers are encouraged all the more to make sure they are up to date with their right to work checking processes and procedures.
Jordan added to list of visa national countries
On 10 September 2024 the Home Office also announced that from 3pm on that date, nationals from Jordan will be considered ‘visa nationals’. This means that needs they will need to apply for and be granted permission to enter the UK, including for business, before they travel to the UK.
The change is apparently being introduced following concerns that nationals from Jordan were travelling to the UK to live, work and claim asylum or to use an ETA to transit through the UK to claim asylum in Ireland.
There is a transitional arrangement in place, so that nationals of Jordan who hold a valid ETA and confirmed booking to enter the UK made before 3pm on 10 September 2024, can still arrive in the UK under the old rules providing they do so before 3pm on 8 October 2024.
How can we help?
As ever, if you have any queries on the above or if you would like support, please get in touch with our immigration team.
