EES and ETIAS: Automation Meets Immigration Complexity

For decades, the Schengen Area has symbolised the EU’s commitment to openness, trusted borders, efficient movement and legal clarity. For travellers and immigration professionals alike, it stands for predictability and opportunity.

However, change is on the horizon. The EU’s Entry/Exit System (EES) is now expected to launch in October 2025, by means of a progressive rollout, with a six-month gradual implementation period. This will be followed by the European Travel Information and Authorisation System (ETIAS) in the last quarter of 2026. These systems aim to modernise how borders are managed, but their implementation will also introduce a range of new challenges, particularly for travellers in legally complex or transitional situations.

As immigration service providers, our priority is to help clients prepare for these changes. While the goals of EES and ETIAS are valid—enhanced security, improved migration tracking—the shift to automation will have real-world consequences for those navigating Europe’s immigration landscape.

What are EES and ETIAS?

EES will digitally track entry and exit data for third-country nationals visiting the Schengen Area, replacing manual passport stamping. It will log biometric data, entry/exit timestamps, refused entries and automatically calculate days of stay under the 90/180-day rule.

ETIAS, meanwhile, will apply only to visa-exempt travellers (e.g., those from the US, UK, Australia, Canada). It will require online pre-screening before travel, like the US ESTA system. ETIAS will screen for potential security risks and past immigration violations.

These systems are intended to streamline border control, but they will also introduce new friction points - especially when enforcement and technical systems intersect with complex legal statuses.

Who is most at risk?

While the average traveller may adapt easily, certain categories are more vulnerable:

• • • Third-country nationals with prior overstays, rejected visa applications or identity inconsistencies.
    • Family members of EU citizens, particularly those travelling without comprehensive documentation proving their status.
    • Holders of expired or soon-to-expire EU residence permits, especially where renewal is pending.
    • Third-country nationals waiting for their EU residence permits due to long in-country registration processes
    • Frequent short-term travellers and cross-border workers

These travellers often operate in legal grey zones, areas that automated systems are not well-equipped to interpret. Without clear documentation or recognition of their legal nuances, such individuals could face unlawful entry refusals, delays or even bans.

A potentially confusing travel landscape

Despite efforts to promote consistency, implementation remains fragmented. Travellers are left wondering:

• • • Which documents are essential beyond a passport and visa? (e.g., residence proof, permit renewals, appeal letters)

• • • Which lane should they use if they hold special status?

• • • What happens if EES shows a false overstay due to missing exit data?

• • • How should they respond to an ETIAS refusal?

No centralised app or platform currently coordinates these elements. Travellers must piece together guidance from multiple sources, often with limited clarity and inconsistent information depending on the country of entry.

System errors and burden of proof

One of the most concerning aspects of these new systems is that errors will likely be borne by the traveller:

• • • False overstays could be flagged if an exit is not registered or the correct status of the traveller is not identified
    • The inability - whether due to the absence of formal procedures or a lack of awareness among border officials - to invoke additional entry or exit rights. This includes, for example, rights derived from bilateral agreements predating the Schengen acquis, which may allow certain nationalities to stay beyond the standard 90 days within a 180-day period.
    •  ETIAS refusals may be triggered by past issues without a clear avenue to challenge the decision.
    • Data mismatches (e.g., due to passport renewals or minor spelling differences) may delay or block border entry.

Fixing these issues can be complicated. Many clients will need to gather supporting documents, timestamps and legal letters to prove lawful travel or residence. In some cases, intervention from national immigration authorities may be required - but the escalation and remedy processes are still unclear and inconsistent across member states.

Border operations under pressure

While automation is meant to streamline processes, border authorities remain under strain:

• • • Human intervention will still be necessary for special cases, yet training and staffing levels vary.
    • Multilingual guidance and signage at entry points are often lacking or confusing.
    • Coordination between border guards and immigration departments remains uneven.

This will likely create operational challenges, long queues, missed flights and inconsistent treatment of travellers depending on the port of entry. Even those fully compliant with the rules may be caught in confusion.

How can travellers and their employers prepare?

Fragomen professionals recommend the following to prepare for the transition:

• • • Review your immigration status and ensure your documents are valid, complete and easy to present.
    • Keep detailed travel records, including boarding passes and passport stamps.
    • Carry proof of legal residence or renewal of applications when travelling.
    • Avoid non-essential travel near permit expiry or during pending applications.
    • Consult an immigration advisor if you have previously overstayed or had status complications.

For employers:

• • • Audit (or develop) travel policies and ensure mobile employees are informed of new EES and ETIAS requirements, especially for short-term business travel.
    • Establish internal procedures for supporting employees who may be flagged or delayed at borders due to complex status or past travel history, including escalation protocols with legal teams.

Ensuring a smooth transition

EES and ETIAS are more than just technical upgrades. They are structural shifts in how the EU approaches border control. For immigration professionals and clients alike, the coming months will require proactive planning, education and vigilance.

Fragomen is committed to helping travellers and organisations adapt to this evolving framework, ensuring that legal mobility and traveller rights are not only preserved, but also respected in the digital age.

Need to know more?

For more information or questions on navigating EES and ETIAS, please contact Immigration Manager Andreia Ghimis at [email protected].

This blog was published on 14 July 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.