European Commission Recommends Easing EU COVID-19 Travel Restrictions

The situation

The European Council has proposed a common approach toward the gradual lifting of the restrictions on non-essential travel at external borders in the European Union. As a result, the European Commission published further recommendations, strongly encouraging all EU Member States to re-open their borders for free movement within the EU by June 15 and to simultaneously prolong external border restrictions for non-essential travel until June 30, 2020.  The proposal also adopts Fragomen’s recommendation to expand travel exemptions to some non-EU highly qualified workers and students.

A closer look

The European Commission recommended the following points in its recent communication:

• Lifting of all internal border controls. The Commission recommended lifting internal border controls and restrictions to free movement among Member States by June 15.

• Gradual lifting of external border restrictions. Starting July 1, restrictions for non-essential travel into the European Union and Schengen Associated States (Norway, Iceland, Switzerland and Liechtenstein) should start to be gradually lifted. This process would need to be based on clear criteria including each country’s epidemiological situation and response to COVID-19 in the third country; the possibility to apply containment measures during travel (including physical distancing); and taking into account any travel restriction for EU-nationals in the other country.

• Expand exemptions. EU countries are encouraged to expand the categories of travelers exempt from entry bans from July 1 to: EU citizens, citizens of Schengen Associated States, and the third-country nationals legally residing in an EU Member State and their family members. Such travelers should be allowed to travel to the European Union for any purpose, not just to return home, as is currently the rule in many EU countries.

• Expand essential travel. The European Union has adopted Fragomen’s recommendation to expand the category of essential travelers with an exemption to cross the external Schengen border to include those travelling for the purpose of study and highly-qualified third-country national workers, if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad.
• Resumption of visa processing. Furthermore, the European Commission has issued guidance for a coordinated resumption of visa operations by diplomatic posts abroad, so that the issuance of visasis synchronised with the lifting of travel restrictions and the expansion of essential travel.

 

Background

The European Commission previously proposed a coordinated approach for reopening of internal borders amid COVID-19-related travel restrictions. Generally, EU countries are gradually easing travel restrictions, but each EU country has implemented its own policy and there has not been a coordinated approach thus far.

Fragomen’s EU Government Strategies team provided the European Commission with critical recommendations to allow business remobilization in Europe, that have been explicitly adopted in the EU proposal.

Impact

• Recommendations’ effect. To enter into force, the European Commission’s recommendations must be implemented by each EU country in their national rules. It is not clear how each country will apply this recommendation, in particular with respect to the recognition of non-EU highly qualified workers as essential travelers.
• Solutions and strategy. Solutions and strategy suggestions for employers and travelers in the European Union include:
  • Utilize employees already in the EU. Employers in the European Union should ensure they utilize workers already in the European Union to ensure efficiency and reduced costs.
  • Contact Fragomen for remobilization planning. Affected employers and foreign nationals should contact their Fragomen professional for remobilization strategy assistance and to ensure compliance with constantly-changing entry regulations

 

Looking ahead

By the end of June, the European Commission and the EU Member States are expected to prepare a list of third countries for which travel restrictions can be lifted starting July 1 based on the criteria discussed above. There is a high probability that Western Balkan countries (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, Serbia) will be included in the list. For the third countries not fulfilling the criteria by July 1, the restrictions for non-essential travel would continue to apply, with the above-mentioned amended exemptions, including non-EU highly qualified workers.

For up-to-date information on COVID-19-related travel bans, restrictions and concessions, among other information, check Fragomen’s dedicated website.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].