By: Clara Excler

Changes to travelling in Europe are due to take place in 2024 and 2025 with the introduction of the Entry-Exit System (EES) and the European Travel and Immigration Authorisation System (ETIAS). This update provides a summary on the EES.

Purpose of EES

EES is an automated border registration system that travelers will need to go through each time they enter and exit the Schengen area (I.e. each time they cross the external EU borders. The system does not apply to intra-Schengen travel).

The aims of EES include:

• To check the identity of the traveler
• To replace entry and exit stamps in passports
• To check travelers’ criminal records
• To check travelers’ immigration history, including previous entry or visa refusal
• To create an electronic record of each traveler’s stay in the Schengen area.

Please note:

• If a traveler has exceeded their Schengen allowance of 90 days in a 180-day period, they can be refused entry.
• Visits for both business and personal (tourist) reasons are counted towards the Schengen allowance.

EES-required nationals

All non-EU/EEA/Swiss nationals will require an EES. This includes visa-required as well as non-visa-required non-EU/EEA/Swiss nationals entering the Schengen area as visitors.

EES-required countries

All Schengen countries will be using the EES:

• Austria
• Belgium
• Croatia
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Norway
• Poland
• Portugal
• Slovakia
• Slovenia
• Spain
• Sweden
• Switzerland

EES process for travelers

Travelers will have their biometric data (fingerprints and facial photograph) taken at a special kiosk, before processing their passport, and the system will check the data against EU security databases (SIS, Interpol, SLTD).

A mobile application is currently being developed by the EU, to start pre-registration from home, but it is not expected to be ready for the launch of the new system.

Airports, ports and railway stations are in full preparation mode, investing in dedicated registration zones and facilities, planning to adapt their queuing system (especially for cars and coaches) and installing and testing the new kiosks.

While some airports are raising concern about their readiness, the biggest challenges are faced at the English Channel crossing, at the ports of Calais, Dover, Folkestone, and the Eurostar terminals, which have dual controls, limited space for processing, and must also plan to adapt the registration zones to weather conditions.

EES implementation timeline

There have been a number of delays to implementation, and current reports indicate that the implementation of EES is once again postponed. The European Authorities never formally confirmed a date, but October 2024 had been the latest launch date circulated. Amid concerns of readiness, November 10, 2024 (November 17 at the very latest) is now suggested as the new tentative launch date.

Newland Chase insight

We recommend anticipating delays when entering and exiting the Schengen area, particularly during the transition phase after initial implementation of the system. Travellers should allow additional time prior to boarding, especially when crossing the English Channel via train or ferry.

We also advise employers to keep track of their employees’ Schengen allowance (which includes any time spent in the Schengen area for either business or holidays), as it will become recorded and tracked by the EES, leaving no room for mistakes.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Case for any case- or company-specific assessments.

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Update, May 8, 2024: China has extended the visa-free policy for short-term visits to China for 12 countries until December 31, 2025. The extension is “to promote exchanges between Chinese and foreign nationals”, and applies to citizens of France, Germany, Italy, the Netherlands, Spain, Malaysia, Switzerland, Ireland, Hungary, Austria, Belgium, and Luxembourg. Citizens of these countries with ordinary passports will be allowed to enter and stay in China visa-free for up to 15 days for business, tourism, visiting relatives and friends, and transit.

Update, March 7, 2024: The government of China is extending limited visa-free travel to an additional six European countries. As of Thursday, 14 March, passport holders from Switzerland, Ireland, Hungary, Austria, Belgium, and Luxembourg will also be allowed to visit China for business, tourism, or to visit family, for up to 15 days without a visa. The waiver for these six countries will remain in effect until 30 November 2024.

For visits of longer than 15 days, or for reasons other than those cited above, visitors will still need to apply for the appropriate visa from the Chinese government.

Late last year, China launched visa-free travel for up to 15 days for passport holders from six countries – please see our original post below for additional information.

Original Post, November 27, 2023: China is granting a visa-waiver to citizens of six countries, allowing them to visit China for periods up to 15 days for Business, Tourism, Family Visit, and Transit purposes. The waiver applies to citizens/passport holders from the following countries.

• Germany​
• The Netherlands​
• France
• Italy
• Spain
• Malaysia​

China already allows short-term visa-free travel from some Asian nations, including Singapore.

The waiver is being introduced on a temporary basis and is expected to be in place for at least the next year. The waiver goes into effect for passport holders from the six countries on 01 December. It allows entry through any port-of-entry in Mainland China. People traveling on the visa-waiver are limited to a single entry/exit; multiple entries are not permitted. The traveler must exit China by midnight of the 14th day of their visit.

The policy may be revoked by the Chinese government at any time. It comes as China continues to try to build back international tourism following the COVID-19 pandemic. While China has seen domestic travel now exceed pre-pandemic levels, international travel to China is still lagging. ​

Immigration Insights​

Although the policy has been formally announced, a number of questions remain. It is unclear if existing visas for travel from these countries for periods under 15 days will still remain valid. China is indicating travelers will not be able to apply for visas “just in case” as a backup, if they qualify for the waiver. It is also unclear if airlines and cruise lines have been informed of the policy change, and if attempting to travel visa-free will cause issue with air carriers and cruise lines.

We will continue to monitor this developing situation and continue to provide updates about its implementation.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
​

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On March 31, 2024, Japan launched a new residence status called “Digital Nomad Visa”. This visa allows eligible foreign nationals to remain in Japan for up to six months in a 12-month period and work remotely for their overseas employer. Digital Nomad Visa holders are permitted to carry out the provision of paid services or selling of goods to overseas clients and are geared towards professions such as software developers, digital designers, virtual assistants, or sole proprietors of foreign companies.

How do applicants qualify for this visa?

• Applicants must be a national of a visa-exempt country and a country with a bilateral tax treaty with Japan. 
• Applicants must be employed by and remunerated by their employers overseas. 
• Applicants must have a minimum annual income of at least JPY 10 million (approx. USD 68,300) or more at the time of application 
• Applicants must hold an insurance policy that covers death, injury, and illness during their stay in Japan. Coverage of 10 million yen or more for the costs of treatment for injuries and illnesses must be in place.

A Digital Nomad Visa-holder can bring a legally married spouse and children with legal parentage to Japan, provided they also meet eligibility criteria. The Digital Nomad Visa will come under the “designated activities” visa category. Refer to the table below for the list of eligible nationalities.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

Nationalities Eligible for Japan’s Digital Nomad Visa

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments. 

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On March 29, 2024, the Italian Government announced changes to the EU Blue Card scheme. These changes bring about new opportunities for applicants when applying for this permit in Italy. The changes include an update to the requirements a worker must meet to apply for the EU Blue Card. Previously, all applicants we required to have a university degree from a course of at least three years duration. This excluded highly skilled workers from being eligible to apply for this process in Italy. The updates now allow workers who do not have a university degree, but can prove the following requirements, to apply for the EU Blue Card:

• Higher professional qualification attested by at least five years of professional experience relevant to the profession or field specified in the employment contract or employment offer. Please note, if the above documents have been issued outside of the EU, they will need to be legalized/apostilled.
• Higher professional qualification attested by at least three years of relevant professional experience, acquired within the last seven years preceding the submission of the application for the EU Blue Card. This requirement is specifically for managers and specialists in the field of information and communication technology.

Additionally, this update has clarified the amended employment and employer requirements.

• Employers must provide proof that they could not find any local workers for the applicable position. 
• The employment offer must be for six months minimum with an annual gross salary that is not lower than the annual gross salary or the national collective labour agreements. This is currently around €27,000. 
• Changes of employer during the first 12 months require prior authorization from the Territorial Labor Inspectorate. 
• During the first 12 months of employment, activities other than those highly qualified are prohibited. 
• Holders of EU Blue Cards that have been issued by another Member State can enter and stay in Italy, for professional activities, for up to 90 days within a period of 180 days. After the worker has completed 12 months of legal residence in another member state, they can enter Italy without a visa to carry out highly qualified work for more than 90 days. This is subject to approval.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments. 

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Effective April 24, 2024, the Peruvian visa exemption for Mexican ordinary passport holders for tourist and business visits to Peru will be suspended. Mexican ordinary passport holders who wish to visit Peru for tourism or business purposes must apply for an appropriate visa at the nearest Peruvian diplomatic mission in their country of citizenship or ordinary residence before travel.

However, the following Mexican passport holders remain exempt from tourist and business visa requirements for up to 180 calendar days, either as a continuous visit or several consecutive visits during a one-year period, and are not required to apply for a visa before travel:

The holder of a visa for the United States of America, Canada, United Kingdom, Australia, Japan, or any member state of the Schengen area (see Note 1), with a minimum validity of six months.

The holder of permanent residence status as a foreigner for the United States of America, Canada, United Kingdom, Australia, Japan, any member state of the Schengen area, or any member state of the Pacific Alliance (see Note 2).

Newland Chase insights

The visa exemption suspension by the Peruvian government is in response to the Mexican government’s decision on April 6, 2024, to temporarily suspend the visa exemption enjoyed by Peruvian passport holders for travel to Mexico for tourism or business purposes with effect from April 20, 2024. The decision was taken due to an exponential increase in the number of irregular Peruvian migrants travelling through Mexico to reach the United States and Canada, which has created a humanitarian emergency. It is hoped that this measure will stop migrants from putting their lives, health and human rights at risk.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

Notes:

1. The member states of the Schengen area include Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

2. The member states of the Pacific Alliance, include Chile, Colombia, Mexico and Peru.

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Following the introduction of the Italian Digital Nomad Visa in 2022, the Italian authorities have published a decree implementing the new visa. The decree has provided details regarding the application process and eligibility requirements.

Process

The applicant is to submit the visa application at the Italian Consulate in their country of residence. The applicant will be required to request a residence permit within eight days of arrival in Italy.

Eligibility Criteria

To be eligible for the visa and permit, the applicant must meet the following criteria:

• Income more than three times the minimum level required for exemption from health care participation expenses;
• Health insurance in Italy for the whole duration of the visa validity;
• Evidence of accommodation in Italy;
• Evidence of minimum six months experience in the relevant role;
• Employment contract with an employer outside Italy showing that the applicant is employed outside of Italy, or service contracts with companies outside of Italy showing that the applicant is self-employed.

Validity

The permit is issued for a period of 12 months, and can be renewed for 12 months on each application.

Dependants

Family members can be eligible to obtain a permit to accompany the applicant.

Newland Chase Insight

The implementation of the Digital Nomad Visa is welcome development to facilitate flexibility in the Italian immigration process.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

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As the world’s largest economic region, and home to many of the highest scoring countries for quality of life and general well-being, Europe attracts foreign workers and business visitors from all over the world. In addition, its rich cultural heritage and diverse natural landscapes position the region as the global leader for tourism.

Most European countries have either joined the European Union (EU)¹ and/or the European Economic Area (EEA)², or have applied for membership of the EU. Between the EU and EEA countries, and to a lesser extent, Switzerland, there exists freedom of movement of capital, goods, persons, and services. This provides for some interesting options for cross border travel and work within the region (hereafter referred to as EU+), both for nationals of these countries as well as nationals from the rest of the world—so-called third-country nationals (TCNs).

The EU+ countries, with the exception of Bulgaria, Cyprus, Ireland and Romania, have also joined together to create the Schengen Area³—a single travel area within which generally no border controls take place⁴.

However, the cooperation between these countries also comes with limitations, which are often unknown or misunderstood by employers and their employees, and visitors generally. In this article we address some of the most common misconceptions about short-term travel within Europe from abroad.

Misconception 1: One visa allows travel to all European countries

The countries which form the Schengen area have defined a common list of third country nationalities who are visa-exempt for a cumulative stay up to 90 days in each rolling 180 days period (90/180 days, in short) in the whole of Schengen⁵. Nationalities not included in the visa-exempt list will require a so-called Schengen C visa for such short stays, which can be issued as Single Entry for one specific trip, Double Entry for two specific trips or (after having compliantly travelled on one or both of these several times) Multiple Entry within a longer period. Such Schengen C visas upon entry generally allow travel throughout the whole of the Schengen area (with border crossings within Schengen not being considered separate entries). The maximum allowed stay on a Schengen C visa can also be up to 90/180 days but is subject to the validity duration approved by the consulate.

Therefore, while one visa can indeed facilitate travel to many European countries, Bulgaria, Cyprus, Ireland and Romania, although part of EU and EEA, are not part of Schengen and therefore have their own visitor visas. Bulgaria, Cyprus and Romania do allow travel for Schengen visa holders to some extent, but the Schengen visa cannot be obtained through their consulates, and their national visas do not allow travel to Schengen. All other European countries outside of these four also have their individual visas which cannot be used for international travel within Schengen or the rest of Europe.

Misconception 2: A visa-exempt stay in Schengen can be extended by obtaining a Schengen visa or a second passport

Many travellers who are exempt from requiring a Schengen visa incorrectly believe that if they want to stay longer than the 90/180 days, they will simply be able to apply for a Schengen visa when nearing the maximum allowed period of stay. In fact, it is generally not possible for exempt nationals to obtain a Schengen C visa at all.

There are some circumstances in which a Schengen visa waiver national would require a special Schengen C visa (most commonly if the individual wants to work for a short period in certain countries), but in such scenarios the time spent on that special Schengen C visa will still count towards the 90/180 days stay limit. (Stays on a special C visa will be counted together with the visa free stay).

Obtaining a second passport does not extend the allowed stay beyond 90/180 days. This restriction applies per person, not per passport.

The only way to obtain authorisation for a stay of longer than 90/180 days in Schengen is to obtain long term residence authorisation in a specific country (either through a residence permit or the equivalent Schengen long stay D visa for that country), in which case stay in that country only will no longer count towards the 90/180 days restriction. However, such residence authorisation can generally only be obtained if the planned stay in that country is more than 90/180 days, and in most cases requires a company sponsoring the permit for work related reasons, as well as having a residential address in the country.

Therefore, it is crucial for frequent travellers to Schengen to plan their trips as far in advance as possible, and to keep close track of all dates of stay in Schengen (including dates of arrival and departure, no matter how short the stay). This should include not only dates travelled for work—personal stays in Schengen will also need to be counted.

If travel is planned by someone else (e.g. a project manager), then those personal dates of stay in Schengen will need to be shared with them. The European Commission has created a Schengen calculator which allows you to verify that planned travel is within the allowable limit: https://ec.europa.eu/assets/home/visa-calculator/calculator.htm?lang=en⁶

Misconception 3: Visa exempt stay allows work

Many people refer generally to immigration documentation as “visa requirements”. This may be because there are a few well known countries in the world where work and residence authorisation are both issued in the form of a visa, most notably the USA. However, in most countries a visa only allows its holder, subject to the border control officer’s discretion, to enter a country for a pre-determined period. In most countries, work authorisations and long term residence authorisations are issued through separate documents, most commonly work and residence permits (potentially combined in a single permit). For this reason, it is better to refer to “immigration requirements”.

Due to the incorrect use of the term “visa requirements”, people could incorrectly assume that if they are visa exempt for a short stay in Schengen (or another country or region), that this means that they are authorised to carry out working activities on this visa free status as well.

However, generally this is not allowed, and activities should be strictly limited to activities such as tourism, visiting family and friends, and any activities recognised as business in the specific host country.

The same restrictions apply for people travelling on a Schengen C visa as for visa waiver nationals (unless, in either case, additional work authorisation has been obtained). Furthermore, if the activities are considered work, then other requirements, such as a Posted Worker Notification and related obligations, may also apply.

A special note for British nationals: although the EU and the UK negotiated a Trade and Cooperation Agreement⁷ (TCA), this agreement does not in general allow work to be carried out by British nationals in the EU (or vice versa). The TCA does contain a list with some activities that should be allowed on business status which otherwise tend to be considered work, however, some of these activities are open to different interpretations. In addition, some non-conforming measures have been included by some of the EU member states, which means that it has been agreed for them still not to allow some of those activities without a work permit, or for them to add additional restrictions to the activities for them to be allowable on business status. Posted Worker obligations may also still apply, even if the activity is work permit exempt.

Misconception 4: All countries in Europe allow the same activities on business status

Although there is a lot of cooperation between European states, this in general does not include a common list of allowed activities on business status. Many countries do not even themselves have a clear definition of what business activities are, so there are a lot of grey areas.

Therefore, whenever travelling abroad for work related reasons, even if it is only for one or a few days, it is always important to verify if the planned activities are allowed on business status or would potentially require work authorisation. Companies that have many frequent travellers could benefit from a robust assessment tool, to obtain visibility and ensure their employees are travelling compliantly.

However, apart from the aforementioned TCA business-allowed activities for British nationals, there is one other exception: the EU Blue Card Directive (2021/1883)⁸ contains a list of activities which EU Blue Card holders should be allowed to carry out when travelling on their Blue Card for business to other EU states: attending internal or external business meetings, attending conferences or seminars, negotiating business deals, undertaking sales or marketing activities, exploring business opportunities, or attending and receiving training. That said, new Directive, although officially due to be implemented into national legislations by 18 November 2023, has not been implemented yet in most EU countries. In addition, some of the activities as included in the list above are still subject to multiple possible interpretations. Therefore, it is expected that there will remain differences in what will be allowed for EU Blue Card holders when travelling on business to other EU countries.

Misconception 5: You can choose where to apply for a Schengen visa

Although a Schengen C visa, once issued, can in most cases be used to travel throughout the Schengen area, this does not mean that you can freely choose through which country’s consulate you want to apply for the visa. Instead, the visa needs to be obtained through a consulate of the country of main destination. In case the person is planning to travel to multiple countries, then in principle, the country where the person will stay the longest is considered the main destination. If stay will be equally long, then the country of first entry into the Schengen area has jurisdiction. Note that if multiple destinations are known at the time of visa application, supporting documentation regarding all those destinations will need to be provided.

Furthermore, a person needs to apply at the consulate with jurisdiction over their country of nationality or country of residence (which in some low volume locations can actually be in another country). Within that country there may be multiple consulates and/or visa application centres representing the same Schengen country.

Often then one consulate/visa application centre will have jurisdiction based on city of residence, although some Schengen states may allow applications to be filed at any of their representations within a specific country.

Preparations are currently being made to move the Schengen application process to one unified online system. Although this online system is planned to be implemented within the next few years, the current experience of continuing delays in the implementation of two other travel related digitalisation efforts (ETIAS travel authorisation for visa exempt nationals and the Entry and Exit System-EES) may cast doubt on whether such short timeline will be met.

Misconception 6: You can apply for a tourism visa to carry out business activities

Schengen C visas can be issued for different purposes, most commonly tourism and business, each of which require different types of supporting documents. Furthermore, different countries can issue different visa types. For example, Switzerland has a separate Schengen C visa category for visiting family, while many other countries may include this in the more generic tourism visa type.

The visas are sometimes issued with a remark from the issuing Schengen country regarding the purpose for which the visa has been issued. However, if the visa is issued for Multiple Entry (not to be confused with a Double Entry visa), then the visa can also be used for a purpose other than the one indicated in the Remark (if that type of activity is allowed on a visitor status by the host country). This means that, for example, a visa with the remark of tourism can be used for a business visit. However, this does not mean that you can apply for a Tourism Schengen C visa, if the purpose of obtaining the visa is to carry out business activities.

At time of application for a Schengen C visa, it is mandatory to provide information and documentation related to all planned visits at that time, and all information needs to be accurate at that time (for example, it is not permitted to use dummy hotel reservations).

This means that if, at the time of application, you have already planned a specific business visit, you will need to submit supporting documentation related to that business visit and apply for a business visa. Not doing so may be considered fraud.

However, if you currently only have tourism activities planned, then you can apply for a tourism visa with related supporting documents. If the issued validity allows, you can then later use that visa for a later planned business visit as well.

If using a visa with a remark referring to a different purpose, it is advisable to bring some proof that you have initially travelled for the purpose for which the visa was issued. In the event that the initial trip for which the visa was obtained was cancelled, then documentation relating to the cancellation of the trip should ideally be available. Without such documentation the border control officer may draw the conclusion that you have obtained your visa on a fraudulent basis, which may result in refusal of entry and visa cancellation and can negatively impact future visa applications.

About the author: Carlijn Langeveld is a seasoned global immigration specialist with more than 16 years of experience under her belt. As Advisory Services Manager she provides strategic immigration advice to Global Mobility and Travel Managers of both Small and Medium Sized companies, as well as large Fortune 500 multinationals. Her specialties include work related travel in Schengen and the EU, and Posted Worker Compliance.

1 EU consists of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden

2 EEA consists of EU, plus Iceland, Norway and Liechtenstein

3 Bulgaria and Romania are making significant steps towards joining the Schengen area. As part of this process, from 31st March 2024 border control between Schengen and these countries will be abolished for travellers through air and sea.

4 If special circumstances threaten its safety, a Schengen country can temporarily reintroduce border controls. This exception has e.g. been widely used during the Covid crisis, and is currently being used by some countries related to the war in Ukraine.

5 This means that on any day of stay in Schengen on visa exempt visitor status you need to look back at the past 180 days (including that day), and determine if this day of stay will bring you beyond the allowed 90 days in that 180 days period.

6 Newland Chase has a more user-friendly Schengen stay calculator available which allows for more continuous tracking and planning.

7 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:22021A0430(01)&from=EN#d1e33059-10-1

8 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021L1883&from=EN

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In the ever-evolving landscape of global mobility and immigration, the year 2024 stands as a pivotal moment for significant transformations and technological advancements. This article provides a comprehensive analysis of the latest shifts and innovations in the field, ranging from the implementation of the EU Entry/Exit System (EES) to the increasing digitization of visa processes, the strategic pursuit of global talent, and the crucial balancing act between immigration compliance and enforcement.

As nations strive to attract highly skilled professionals while ensuring robust border security, let’s explore the intricate dynamics and forward-thinking strategies that are shaping the future of global immigration and mobility.

Entry/Exit System (EES)

The EU Entry/Exit System (EES) is an automated system for registering travellers from third-countries, both short-stay visa holders and visa exempt travellers, each time they cross an EU external border. The system will register the person’s name, type of travel document, biometric data (fingerprints and captured facial images), and the date and place of entry and exit, all while fully respecting fundamental rights and data protection.

The introduction of this system will ensure that travelling to European countries is more efficient and removes the need for passport stamping and border control procedures on arrival as registration will be done at the external border. The EES will also make it easier for immigration officials to identify any traveller who has overstayed in EU countries or confirm if an individual has no right to enter.

Whilst the exact date that the EES becomes operational is still to be confirmed it is expected to be in place in or around October 2024.

Digitisation Persists

Throughout 2024, we expect to see an increase in countries continuing to leverage advanced online filing systems to simplify immigration procedures. Governments have continued to phase out mandatory requirements to submit hard copy applications, with the widespread adoption of electronic visas expected to become more standard practice.

For example, the Australian Government are looking to implement changes that will improve the migration system’s efficiency. Their plans include streamlining visa application routes and enhancing overall user-friendliness within the immigration system.

Countries such as Kenya have recently implemented digital pre-travel security checks for visa-waiver nationals through electronic travel authorization systems. This will eliminate the requirement to obtain a visitor visa for Kenya. The UK are also preparing to introduce the ETA in 2024 and final preparations will be made for the implementation of ETIAS in EU/Schengen which has a revised start date to begin in 2025.

Global Talent Dynamics

The competition for global talent will remain as organizations seek specialized skills. Countries will prioritize attracting and retaining highly skilled professionals to drive economic growth. In December 2023, Ireland’s Department of Enterprise, Trade & Employment announced an increased eligibility for employment permits for non-EEA nationals adding 11 roles to the Critical Skills Occupation List and made an additional 32 roles eligible for a General Employment Permit.

The recent update to the EU Blue Card is another example that demonstrates greater facilitation of the movement of foreign nationals, specifically within the EU. Once the EU Blue Card holder has completed 12 months employment in the first member state (which was previously required to be 18 months) they may then be eligible to enter, reside, and subsequently work in a second member state within 30 days of filing a simplified new EU Blue Card application. Time spent on the EU Blue Card in the first Member State will count towards the legal residency requirement for obtaining EU Long Term Residency status in the second member state.

Furthermore, remote work visa options and digital nomad visas continue to be considered by an increasing number of countries as a means to attract foreign workers and accommodate the rise in flexible work arrangements. South Korea have recently begun a pilot operation of the digital nomad visa which began on January 01, 2024. This visa allows foreign nationals to work remotely while being able to avail of an extended stay in South Korea. The foreign national must be employed outside of South Korea.

Another emerging trend is that of governments choosing to extend visa-waiver options to nationals of additional countries. From March 2024, Thailand and China will permanently waive visa requirements for each other’s citizens. Additionally, China is granting a visa waiver to nationals of six countries (Germany, France, Spain, Italy, Malaysia and the Netherlands), who will be able to visit China for up to 15 days for business, tourism, family visits and transit purposes.

Despite all the above-mentioned measures being introduced to lure foreign talent, protectionist measures will persist due to ongoing economic challenges. Governments will need to navigate a delicate balance between global talent acquisition and safeguarding jobs for local workers. Hungary is introducing changes to existing immigration rules, with an aim to tighten their immigration regulations.  In the second half of 2024, elections will take place in the United Kingdom and United States and the outcome of these will determine immigration policies in both countries.

Immigration Compliance and Enforcement

Governments will intensify efforts to enforce immigration compliance by way of visa inspections and increased scrutiny of purpose of travel at borders.

For example, we have recently observed German immigration authorities requesting temporary reinstatement of internal Schengen borders.  We also anticipate an increase in inspections to verify posted worker compliance in EU and EEA countries as well as more focus on the social security aspect of compliance (A1 form).

Countries including the US, Canada, and South Africa continue to grapple with huge application backlogs, largely rooted in the COVID-19 pandemic. These backlogs leave foreign nationals in a state of limbo for extended periods and lead to some seeking more efficient administration and security elsewhere, which is problematic, particularly in the case of highly skilled migrants. The United States Department of Homeland Security plans to make changes in 2024 to the process for adjustment of status to permanent residence. This change is anticipated to reduce processing times and promote the efficient use of immediately available immigrant visas

Preparing for the Next Global Challenge

Finally, companies increasingly find themselves operating in challenging locations and subject to adapting to the latest “polycrisis”. Emergency situations and the need for crisis management are becoming increasingly common and require complex strategic solutions. The need for urgent international travel—either in to or out of locations—can result from many types of emergencies: from natural disaster to pandemic; from political upheaval to military conflict.

We also anticipate growth and high volumes of movement in the Middle East and particularly Saudi Arabia. Authorities in Saudi Arabia have introduced a tourist eVisa, which allows foreign nationals to take part in tourism-related activities such as events, family and relatives visits, or leisure activities. It is also anticipated that Saudi Arabia will introduce an eVisa for business travel. With Saudi Arabia being the sole bidder for the FIFA World Cup in 2034, we expect that this will create a significant increase in job opportunities for companies seeking to hire foreign talent.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments. 

The post Navigating New Horizons in Global Immigration: Emerging Trends 2024 appeared first on Newland Chase.

The decree allows for entry and stay for periods of more than three months to highly qualified foreign workers, who intend to carry out paid work on behalf of or under the direction or coordination of another person or legal entity, and who can demonstrate the following:

• A tertiary higher education qualification issued by the competent authority in the country where it was obtained, attesting to the completion of a higher education course of at least three years’ duration or a post-secondary vocational qualification of at least three years’ duration or corresponding to at least level 6 of the National Qualifications Framework;
• Higher professional qualification attested by at least five years’ professional experience comparable to tertiary level higher education qualifications; or
• Higher professional qualification in the field of information and communication technologies, attested by at least three years’ experience in the seven years preceding the submission of the EU Blue Card application.

Some additional provisions of the new decree are as follows:

• A foreign national holding a valid EU Blue Card issued by another Member State may enter and stay in Italy to carry out a professional activity for a maximum period of 90 days in a period of 180 days.
• Family members of foreign nationals holding an EU Blue Card who hold a valid residence permit issued by the Member State of origin and a valid travel document can obtain a residence permit for family reasons (within 30 days of the submission of a complete application).
• Employers shall submit contract proposals or binding job offers with a minimum six-month duration, educational qualifications, higher professional qualifications or requirements of Legislative Decree 206/2007, and the amount of the annual salary (at least that provided for by the CCNL).
• It is no longer required to check with the Employment Centre (Labour Office) about the availability of Italian/other foreign workers (already based in Italy) prior to employing highly qualified workers from abroad.
• Foreign workers can start working in Italy upon issuance of the Nulla Osta and while waiting for the release of the residence permit.
• The period during which workers can carry out only the highly qualified activity, for which entry into Italy has been requested is reduced from two years to 12 months.
• The EU Blue Card can be converted into a residence permit for a new employment, self-employment or study, provided requirements to obtain it are met.
• A foreigner holding an EU Blue Card issued by another Member State may stay in Italy for a maximum of 90 days in a period of 180 days to carry out a highly qualified activity. If the stay is longer than 90 days, it is necessary to obtain the Nulla Osta without requiring an entry visa.
• A foreigner who loses their job in Italy, can make a declaration of immediate availability without registering on the employment lists.
• The amount of annual salary offered by the employment contract or by the binding offer cannot be lower than the remuneration established under national collective agreements, and in any case, not less than the average gross annual salary as recorded by ISTAT.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post ITALY – New EU Blue Card Application Rules appeared first on Newland Chase.

Although sometimes allowed, generally it is advisable not to travel for business to the host country, especially for meetings at the future hosting entity; the inspectorate could at time of an inspection (mis)interpret the presence of a work authorisation applicant at the company’s premises as them having started their assignment prematurely, and hence illegally. Stay on other visitor status, for example for a look and see trip, is more often accepted by the authorities, but this is also not always allowed.

Sweden is a good example of a country where any stay in the country during work permit processing can lead to an immediate rejection of the application. Checking entry records by the authorities is a standard part of the application processes. In case of unexpected required travel to Sweden, the authorities would therefore need to be informed of the travel, which will result in them putting the application processing on hold for the duration of the applicant’s stay in Sweden.

In France employees were already advised to not travel to the country during work permit application processing, but recently the authorities have become stricter in this regard. The authorities are now requesting a signed statement that the employee is not in France during the application processing.  Furthermore, entry and exit records are now actively checked by the authorities as part of the application processing. Anyone that is travelling to France during processing therefore risks rejection of their application.

There are generally no border controls within the Schengen* area. As a result, travellers may arrive in one Schengen country and then travel freely by private or public transport to another Schengen country. Authorities are aware of this, and therefore countries such as Sweden and France may also question travel by applicants to other Schengen countries during processing of their work authorisation applications. Therefore, when applying for a permit to a Schengen country where such travel restriction during processing is applied, it is advisable to stay out of the Schengen area altogether until work authorisation (and visa, where required) is obtained.

Should you have any questions about the requirements or restrictions for any upcoming international travel, do not hesitate to reach out to Newland Chase at UK@newlandchase.com  to book a consultation with our immigration experts.

* Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

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This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post COMPLIANCE CORNER – Travel to Host Country During Work Permit Processing appeared first on Newland Chase.