IMPACT — MEDIUM

The European Council has advised EU member states to lift all COVID-related travel and entry restrictions.

Key Points:

  • The European Council recommends that member states lift all remaining COVID-19 entry restrictions and said they “should not impose any restrictions on travel on the grounds of public health.”
  • In the event that the COVID-19 situation worsens, the Council said member states should “decide in a coordinated manner to reintroduce appropriate requirements for travelers prior to departure.” Such requirements could include vaccination, proof of recovery or testing, or quarantine upon arrival.
  • The Council said that if a “variant of concern or interest” emerges in a third country, member states could establish a temporary travel restriction for 21 days.

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.

IMPACT — MEDIUM

Croatia will join the Schengen Area, Europe’s free-travel zone, Jan. 1.

Key Points:

  • Beginning Jan. 1, 2023, Croatia will become part of the Schengen Area; Croatian nationals will be able to travel to other Schengen Area countries without obtaining a visa.
  • Croatian authorities will begin accepting applications from third-country nationals for Schengen visas and using the Schengen Information System. Croatian authorities will determine the business activities permitted under a Schengen “C” visa.
  • More information regarding the European Council’s decision to add Croatia to the Schengen Area is available here.

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.

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.

IMPACT – MEDIUM

The European Council has moved to fully suspend the visa facilitation agreement between the European Union and Russia.

Key Points:

  • As of today, Russian nationals are no longer eligible for Schengen Area short-stay visas through the EU-Russia visa facilitation agreement.
  • The suspension of the agreement does not fully prohibit short-term travel to the Schengen Area by Russian nationals, but it will have the following impacts:
    • Short-stay visa application fees for Russian nationals will increase from 35€ to 80€.
    • Authorities will have 15 days instead of 10 to process short-stay visa applications from Russian nationals. The timeframe can be extended an additional 45 days as needed.
    • Russian nationals may be required to provide additional documentation when applying for short-stay visas.

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.

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 Commission has delayed the implementation of the European Travel Information and Authorization System (ETIAS).

Key Points:

  • ETIAS is now expected to be fully implemented by November 2023 instead of May 2023; the exact date will be posted on this website at a later time.
  • Once implemented, non-EU nationals who do not need a visa to travel to Schengen Area countries will have to apply for travel authorization through ETIAS before traveling.
  • Applicants will have to apply for ETIAS online or through a mobile application and pay the €7 fee before traveling to the Schengen Area.

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.

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.

IMPACT – MEDIUM

The European Council has published guidance for the partial suspension of its visa facilitation agreement with Russia.

Key Points:

  • The Council’s guidance affects:
    • Russian business travelers and representatives of business organizations.
    • Members of Russia’s official delegations or national and regional governments.
    • Those who hold Russian diplomatic passports.
  • These travelers will now be required to submit additional documentary evidence when applying for visas to enter the EU and will no longer benefit from reduced visa processing fees.
  • The suspension does not affect ordinary Russian citizens wishing to travel to the EU.

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.

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.

IMPACT – MEDIUM

The European Travel Information and Authorization System (ETIAS) will be fully implemented by May 2023, the European Commission said.

Key Points:

  • Once implemented, non-EU nationals who do not need a visa to travel to Schengen Area countries will have to apply for travel authorization through ETIAS before traveling.
  • Applicants will have to apply for ETIAS online or through a mobile application and pay the €7 fee before traveling to the Schengen Area.
  • ETIAS is expected to be fully implemented by May 2023; the exact date will be posted on this website at  a later time.

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.

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.

IMPACT – MEDIUM

The European Commission has proposed to digitalize the Schengen visa process.

Key Points:

  • Under the proposal, the Commission intends to replace the current Schengen visa application process with an online application. The proposal would also replace the visa sticker with an electronic sticker.
  • The Commission intends to fully digitalize the Schengen visa process by 2025.

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.

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.

IMPACT – MEDIUM

The European Council has introduced temporary immigration protections for individuals fleeing Ukraine.

Key Points:

  • Ukrainian nationals, third-country nationals and stateless persons who resided in Ukraine on or before Feb. 24 may be eligible to benefit from temporary protection.
  • Rights under temporary protection include residence, access to the labor market, housing, medication assistance and education for children.
  • Individual member states will adopt their own procedures for applying for residence under the temporary protection.
  • Temporary protection for individuals fleeing Ukraine will initially be valid for one year and may be extended.

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.

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.

IMPACT – MEDIUM

The European Council has removed Argentina, Australia and Canada its safe-travel list.

Key Points:

  • As of Jan. 17, the European Council no longer advises member states lift restrictions on travel from Argentina, Australia and Canada.
  • The Council the continues to recommend the lifting of restrictions for Bahrain, Chile, China, Colombia, Indonesia, Kuwait, New Zealand, Peru, Qatar, Rwanda, Saudi Arabia, South Korea, the United Arab Emirates and Uruguay.

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.

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.

IMPACT – MEDIUM

The European Council updated the list of countries for which it recommends travel restrictions be lifted, adding Indonesia to the list.

Key Points:

  • On Nov. 18, the European Council advised its member states to gradually lift travel restrictions for travelers from Indonesia.
  • The Council recommended the continue lifting of restrictions for many countries, including Australia, Canada, New Zealand, Saudi Arabia, South Korea and the United Arab Emirates. The full list is available here.

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.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2021 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.