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IMPACT — MEDIUM
The European Council has advised EU member states to lift all COVID-related travel and entry restrictions.
Key Points:
BAL Analysis: Most EU countries have already lifted COVID-19 entry and travel requirements. Policies can change with little or no notice, however, and the U.S. continues to enforce a vaccination requirement on most foreign nationals entering (or reentering) the country. Employers and employees are encouraged to continue consulting their BAL professional before planning international travel from the United States.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Croatia will join the Schengen Area, Europe’s free-travel zone, Jan. 1.
Background: The Schengen Area is made up of 26 countries — 27 with the addition of Croatia — and allows free movement to member countries. Individuals holding a Schengen member state passport or ID card can travel freely within the free-movement area.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
IMPACT – MEDIUM
The European Council has moved to fully suspend the visa facilitation agreement between the European Union and Russia.
Background: The EU and Russia entered into the visa facilitation agreement in June 2007. Following Russia’s invasion of Ukraine earlier this year, the EU enacted a partial suspension of the agreement for diplomats, Russian officials and some business people. At an Aug. 31 meeting, EU foreign affairs ministers agreed to fully suspend the visa facilitation agreement. The European Council adopted the measure last week and said it would provide additional guidelines to ensure the suspension does not negatively impact people, including journalists, civil society representatives and those traveling for essential purposes.
BAL Analysis: Russian nationals should expect continued difficulty in obtaining visas for travel to Europe. Many countries had already imposed restrictions on visa processing and the full suspension of the visa facilitation agreement will likely make it even more difficult to obtain Schengen Visas. Employers should plan travel well in advance to avoid complications and delays. BAL will continue to follow this issue and will provide updates as information becomes available.
This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The European Commission has delayed the implementation of the European Travel Information and Authorization System (ETIAS).
Additional Information: The European Commission announced plans to introduce ETIAS in April of 2016 in order to facilitate border checks, streamline the entry process, ensure a coordinated risk assessment of third-country nationals and reduce the number of refusals of entry at border crossing points. The full implementation has been delayed a number of times, including because of the COVID-19 pandemic.
BAL will provide updates as the implementation date gets closer. More information regarding ETIAS is available here.
The European Council has published guidance for the partial suspension of its visa facilitation agreement with Russia.
Additional Information: More information regarding the Council’s guidelines and a link to the full guidance is available here.
BAL Analysis: The Council published its guidance to help Member States apply the partial visa suspension and to clarify procedures for issuing visas to Russian nationals. Some member states have introduced their own visa restrictions on Russian nationals, and even with the publication of the guidance, policies will vary from country to country. Employers should work closely with their immigration provider when planning travel by Russian nationals.
The European Travel Information and Authorization System (ETIAS) will be fully implemented by May 2023, the European Commission said.
Additional Information: The European Commission announced plans to introduce ETIAS in April of 2016 in order to facilitate border checks, streamline the entry process, ensure a coordinated risk assessment of third-country nationals and reduce the number of refusals of entry at border crossing points. The full implementation has been delayed a number of times, including because of the COVID-19 pandemic. More information regarding ETIAS is available here.
BAL Analysis: EU authorities made the decision to implement ETIAS to help participating Schengen Area states to manage their external borders more effectively and improve internal security. The change will add a step to U.S. nationals and other visa-waived nationals planning travel to Europe. BAL will provide updates as the implementation date gets closer.
The European Commission has proposed to digitalize the Schengen visa process.
Additional Information: The proposal marks the first step in introducing new legislation. More information regarding the EU’s proposal and legislation process is available here. The Commission’s official statement is available here.
BAL Analysis: The Commission made the proposal to improve the visa application process and reduce costs and burdens placed on Member States and applicants. BAL will provide updates on the proposal as it moves through the EU legislative process.
The European Council has introduced temporary immigration protections for individuals fleeing Ukraine.
Additional Information: Member states may extend temporary protection to other individuals, including third-country nationals who were living in Ukraine and are unable to return to their country safely and Ukrainians who fled the country not long before Feb. 24.
BAL Analysis: A number of countries have adopted special immigration measures for Ukrainians following Russia’s invasion of the country. The U.S., for example, recently announced that Ukraine would be designated for Temporary Protected Status and has exempted some travelers from COVID-19 entry requirements.
The European Council has removed Argentina, Australia and Canada its safe-travel list.
Additional Information: Press reports indicate that EU countries plan to lift restrictions on travel from South African countries.
BAL Analysis: The European Council continues to update its COVID-19 travel recommendations, and while member states have, in many cases, moved to implement the recommendations, exact policies will vary from country to country. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.
The European Council updated the list of countries for which it recommends travel restrictions be lifted, adding Indonesia to the list.
Additional Information: Recently, the Council recommended that its member states re-implement restrictions on nonessential travel from Singapore and Ukraine. Member states have the right to impose or lift entry restrictions and are not legally bound to apply the EU Council’s recommendations.
BAL Analysis: The EU continues to update its COVID-19 travel recommendations, and while member states have, in many cases, moved to implement the recommendations, exact policies will vary from country to country. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.