Guidance for Travellers Following Expanded U.S. Travel Ban

The situation

In a White House press conference on March 14, U.S. Vice President Mike Pence stated that the United Kingdom and Ireland will be added to the U.S. COVID-19 travel ban starting at 11:59 PM EDT on Monday, March 16.

The ban prohibits foreign nationals from entering the United States if they have been physically present in the United Kingdom or Ireland within 14 days before their attempted entry, though some exceptions apply, such as for U.S. citizens, lawful permanent residents, their spouses and children under 21, and certain other family members are not subject to the travel restrictions, among others.

Travellers who were present in the United Kingdom or Ireland will likely be permitted to enter the United States if they are on flights that depart before the ban takes effect.

A closer look

Affected travellers should account for the following:

• UK visa holders. UK visit visa holders and visa-exempt nationals can legally remain in the United Kingdom up to six months in a 12-month period. Extensions are not ordinarily possible outside this timeframe.  If prolonged stay involves more hands-on work, foreign nationals are advised to consult a Fragomen immigration professional. Other UK visa holders who may be impacted by the restriction are also advised to consult a Fragomen immigration professional.

• Irish visa holders. Visitors to Ireland can legally remain for the period granted to them upon entry (maximum of 90 days) and residents/work permit holders until the expiry of their permission. There is no formal guidance yet regarding extending visitor or other permissions on the basis of coronavirus, but the authorities might choose to exercise discretion in force majeure (exceptional circumstance) situations on a case-by-case basis.
   

Background

This follows the U.S. travel ban for foreign nationals who were present in the Schengen Area within 14 days before their attempted entry, in effect since March 13, 2020 at 11:59 EDT, as well as the ban for those present in China and Iran.

Impact

After the ban takes effect, impacted travellers may need to make arrangements to prolong their stay, or to travel to another country of residence. Affected travellers should check local rules to identify options to extend their stay, including extension of their visa if applicable.

Employers and foreign nationals are advised to account for restrictions in their travel plans to the United States. All travellers should expect questions about recent travel patterns, and Irish and UK citizens may be particularly impacted, even if they are travelling from other countries.

Looking ahead

• Dedicated website. Fragomen expects immigration and travel restrictions to continue as global governments deal with the coronavirus pandemic. Please continue to check Fragomen’s dedicated website for the most up-to-date information.

• Webcast. Please join us for Fragomen’s webcast Thursday, March 19, 2020 at 10:00am - 11:00am EDT or 8:00pm - 9:00pm EDT for the most up-to-date coronavirus-related intelligence and compliance guidance. We will cover the following topics:

  • country and regional analysis of this escalating worldwide event;

  • immigration compliance issues impacting your business;

  • COVID-19 crisis management planning;

  • tools available to assist you and your business;

  • implications of the U.S. European travel ban;

  • case studies on what companies are doing to mitigate risk; and

  • an interactive Q&A.

An on-demand recording will be available if you are unable to attend the live event. For questions about the webcast, please email [email protected].
 

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] or [email protected].