Search
Contact
Login
Share this article
IMPACT – MEDIUM
European Council President Donald Tusk said in a letter Friday that the European Union’s Brexit negotiations with the United Kingdom should initially focus on guarantees for EU nationals in the U.K., the U.K.’s financial obligations to the EU and preventing the establishment of a hard border between the Republic of Ireland and Northern Ireland.
The letter was sent to European Council members a day before EU officials will meet to adopt guidelines for the EU’s Brexit negotiations, and Tusk repeated that the EU will focus on negotiating the U.K.’s departure from the EU before it begins talks on the EU and U.K.’s future relationship. “Before discussing our future, we must first sort out our past,” he said.
Key Points:
BAL Analysis: While negotiations have not yet formally begun, Tusk’s letter offers an indication of the line of negotiation that the EU is likely to pursue. The EU and U.K. both appear interested in an agreement that would protect the status of EU and U.K. nationals in the U.K. and EU, though no guarantees have been made yet. The EU’s positioning speaks to the concerns businesses and EU nationals have about the future status of EU nationals in the U.K., as immigration continues to be at the heart of Brexit talks.
BAL will continue to follow Brexit-related immigration developments and keep clients informed on key developments.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2017 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.
EU member states are expected to sign off on a set of tough Brexit negotiating points, including a requirement that the U.K. accept EU laws and budget if it seeks a transitional “implementation phase” following the U.K.’s break from the EU in the spring of 2019.
Key points:
Background: The U.K. has indicated that it will pursue a “hard Brexit,” where it leaves Europe’s single market and retakes control of its migration processes for EU nationals. The U.K. invoked Article 50 March 29, officially signaling the country’s intent to leave the EU after the U.K. narrowly voted to leave the bloc in 2016.
BAL Analysis: While negotiations have not yet formally begun, the EU has indicated that it will take a hard line with the U.K. The U.K. may push for a transitional phase under which free movement would continue for a set amount of time after the U.K. officially leaves the EU, but it is unclear whether the government would be willing to accept the costs associated with such an arrangement that, for now, the EU has indicated that it would seek to impose. Businesses will hope for a transitional phase to adjust to big changes that look set to lie ahead for the U.K, and recent guidance from the Government regarding the rights of EU nationals could be seen as a move to reassure businesses and EU nationals that the law remains unchanged until formal Brexit.
What is the change? The EU Parliament has approved allowing Ukraine nationals visa-free trips to the Schengen Area for up to 90 days within a 180-day period.
What does the change mean? The measure must be approved by EU member states and is expected to take effect in June.
Background: The measure allows Ukrainians to travel without a visa to the Schengen Area for up to 90 days in a 180-day period for business, tourism or family visits, but not for work. In April 2016, the European Commission recommended adding Ukraine to the list of nationals eligible for the Schengen visa waiver after determining that Ukraine had met key benchmarks on legal and political reforms. Negotiations over the visa waiver have been ongoing since 2008.
The EU also recently implemented visa-free travel for nationals of Georgia, but strengthened the mechanism for the EU to suspend visa waivers and re-impose visas in certain circumstances.
BAL Analysis: The waiver will benefit Ukrainians traveling to the EU (excluding Ireland and the U.K.) and ease consular visa processing. German consulates in particular receive a high volume of visa applications from Ukrainian nationals. Ukrainian nationals should anticipate high demand for biometric passports and apply early. Travelers are reminded that a 90-day stay is calculated within a rolling 180-day period and, if not counted properly, can lead to overstays.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? The European Union’s visa-free travel agreement with Georgia has entered into force.
What does the change mean? Effective immediately, Georgian nationals who hold biometric passports will be able to travel visa-free to Schengen Area countries for up to 90 days within a 180-day period.
Background: The European Parliament approved the visa waiver for Georgia last month and the agreement was subsequently finalized. The waiver allows travel by Georgian nationals to all Schengen Area countries, including four Schengen candidate countries of Bulgaria, Croatia, Cyprus and Romania. It does not cover travel to Ireland or the United Kingdom, which are not part of the Schengen Area. It does cover travel to Iceland, Liechtenstein, Norway and Switzerland, which are part of the Schengen Area but not the EU.
BAL Analysis: Travelers are reminded that the visa waiver is appropriate for business, family and tourist purposes; those conducting work activities, however, must obtain an appropriate work permit.
This alert has been provided by the BAL Global Practice group and our network partner in Georgia. For additional information, please contact your BAL attorney.
The European Parliament adopted a nonbinding resolution Thursday, calling on the EU to impose a visa requirement on U.S. nationals.
The resolution was the latest move in a long-running dispute between the EU and the U.S., with some EU officials saying that the U.S. should not have visa-free access to the EU unless it lifts visa requirements on five member states: Bulgaria, Croatia, Cyprus, Poland and Romania.
The European Parliament called on the EU Commission to address the matter.
“The EU Commission is legally obliged to take measures temporarily reintroducing visa requirements for US citizens, given that Washington still does not grant visa-free access to nationals of five EU countries,” a statement from parliament said. “In a resolution approved on Thursday, MEPs urge the Commission to adopt the necessary legal measures ‘within two months.’”
The dispute dates back to 2014, when the EU issued a “notification of non-reciprocity” over the U.S.’s visa policies. The Commission issued a report on the matter in April 2016, outlining the economic and political consequences of suspending visa waivers for U.S. nationals.
Canada also imposes visa requirements on Bulgarian and Romanian citizens, but has said those requirements will be lifted Dec. 1.
BAL Analysis: While Thursday’s vote is nonbinding, it nonetheless was a strong statement from the EU about the U.S.’s visa policies toward five member states. The likelihood of imposing a visa requirement on U.S. nationals seems remote, especially given the economic and political consequences and the fact that the U.S. would most likely reciprocate by imposing visa requirements on all EU nationals traveling to the U.S. That said, U.S. nationals traveling to Europe should make sure they are traveling with the appropriate documentation and prepare for the possibility of additional scrutiny at EU points of entry.
This alert has been provided by the BAL Global Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
The new EU ICT Directive offers companies with European operations a strategic route for mobilizing their workforce on short- and long-term assignments. By unifying procedures for multinational companies that are transferring third-country managers, specialists and trainees to affiliated offices, the new Directive alleviates the administrative burdens associated with multiple assignments in several member states. Recognizing that flexible immigration policies contribute to the region’s economic development, the new EU ICT Directive enables greater mobility and flexibility for international businesses wishing to foster the transfer of skills, knowledge, and innovation.
Read the full report here.
What is the change? The European Parliament has approved visa-free travel for nationals of Georgia.
What does the change mean? The visa waiver has not been implemented yet, but will allow citizens of Georgia to travel without a visa to the Schengen region, as well as Iceland, Liechtenstein, Norway and Switzerland, for up to 90 days within a 180-day period.
Background: The European Parliament approved the visa waiver for Georgia by a vote of 553-66 with 28 abstentions. The visa liberalization path required Georgia to undertake a broad series of democratic reforms. The waiver must be formally approved and will take effect as soon as a pending EU law is finalized. That law, which is near completion and awaits final legal text and translations, would allow a visa waiver agreement to be suspended in case of a high rate of irregular migration from a visa-exempt country.
BAL Analysis: Travelers are reminded that the visa waiver is appropriate for business, family and tourist purposes; those conducting work activities must obtain an appropriate work permit.
The European Commission and the European Parliament have agreed to introduce mandatory security checks of all travelers, including EU nationals, when they cross the EU’s external borders.
Background: The proposal is one of a number of security measures the EU has undertaken following terrorist attacks in Paris on Nov. 13, 2015. The union launched the European Border and Coast Guard in October. The European Commission proposed a new electronic screening system for visa-waived travelers in November. And internal border controls have been extended in Austria, Denmark, Germany, Norway and Sweden. Dimitris Avramopoulos, commissioner for migration, home affairs and citizenship, said the external checks represent “another crucial step in our work to preserve the freedom of movement within the Schengen area and ensuring the security of our citizens.”
BAL Analysis: The changes, once implemented, may slow entry into Europe for EU nationals who, until now, have not had to undergo systematic security checks when crossing an external border.
Copyright © 2016 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.
The State Department issued a travel alert for this week, highlighting the possibility of terrorist attacks in Europe throughout the holiday season and into the new year.
Background: The State Department’s travel alert follows attacks in Belgium, France, Germany and Turkey, in the past year. The department issued a similar warning in May and said Monday it “remains concerned about the potential for attacks throughout Europe.” The alert is set to expire on Feb. 20.
BAL Analysis: Foreign nationals traveling or residing in Europe should exercise caution and expect delays, especially when crossing borders where border controls have been instituted. Companies with employees outside the U.S. should (1) register their employees with the appropriate U.S. embassy; (2) establish evacuation plans; (3) develop visitor logs; and (4) have employees carry copies of their passport at all times.
U.S. companies overseas should (1) engage with the Overseas Security Advisory Council (OSAC) and (2) develop an emergency communication system. Employers may additionally wish to encourage their employees to enroll in the Smart Traveler Enrollment Program, a free service that provides updated security information and allows Americans to register their trips abroad with the closest U.S. embassy or consulate.
What is the change? The European Commission on Wednesday proposed a new electronic screening system, the European Travel Information and Authorisation System (ETIAS), for visa-waived travelers.
What does the change mean? The system would require visa-waived travelers to register their information online, pay a €5 fee, and obtain an electronic travel authorization before traveling to the Schengen Area.
Background: The ETIAS, modeled after the U.S. Electronic System for Travel Authorization, is intended to screen visa-waived travelers against various databases to better monitor and track visitors who are visa-exempt.
Under the proposal, travelers must fill out an online application for an electronic travel authorization, which would be valid for multiple entries for a period of five years or until the traveler’s passport expires. It may be revoked if the individual’s conditions no longer apply.
B·A·L Analysis: The ETIAS is not a visa and does not change Schengen visa policy. The proposal is in step with similar electronic travel authorization systems in Australia and the U.S. and the recently launched eTA system in Canada. U.K. nationals are reminded that if the U.K. leaves the EU in 2019, they are likely to be subject to the ETIAS system for business and holiday travel as non-EU nationals (unless the U.K. and EU agree upon some degree of free movement in Brexit negotiations).