Looking Ahead: Travel to Europe Under the Upcoming ETIAS Reality

The launch of the European Travel Information and Authorization System (ETIAS) is nearing and expected to become a reality for travellers in 2024. The system is one aspect of the broader, forthcoming digitalisation of EU borders and mirrors the Electronic Travel Authorization (ETA) to be introduced by the UK authorities.  

With ETIAS, visa-exempt nationals will soon no longer have access to completely administratively unburdened short-term travel to the EU based on their valid passport.

While its operability will strive for seamlessness, ETIAS has the potential to throw a wrench in businesses’ operations and interfere with companies’ projects and their employees’ business travel.

To avoid this, and to ensure that travellers and businesses alike adapt their practices to this new reality, now is the time to raise the important questions: What is ETIAS? Who does it affect? Why may an ETIAS application be refused, and how can businesses prepare?

What is ETIAS?

ETIAS has been long in the making. The kernel of the idea of ETIAS, in its earliest form, can be traced back to 2008 as ideas on modernising the EU’s border management system started emerging. Simultaneously, the intention of having an equivalent of the ESTA (the United States’ travel authorization) for the EU was put forward. The EU had long been cognizant of the fact that, in comparison to third-country nationals requiring visas, the information that law and border authorities had on visa-exempt third-country nationals was limited. This was seen as a risk to the EU’s security and a gap in fighting irregular stays in the EU.

Thus, ETIAS—although for most travellers, easier and faster to obtain than a visa—will serve as a pre-screening process to help identify individuals who may pose a security or illegal migration risk. Travellers will also remain subject to—soon, automatic—border checks and, just like a visa holder, an ETIAS traveller may also be additionally questioned at the border crossing point.

To apply for an ETIAS authorisation, travellers will need to submit a bevvy of information, including the traveller’s current occupation, whether they have had any prior convictions, or received any decision to leave the territory of an EU country. 

Once the information has been submitted and the application fee paid, the ETIAS central system will carry out an automated check against several EU security databases. If this check concludes that there are no “hits,” the travel authorisation will be issued, generally, within a very short period (a few minutes or a maximum of 96 hours). When the information provided by the applicant is deemed to be insufficient, authorities may take up to approximately four additional weeks to carry out its issuance. Once the travel authorisation has been issued, it will be valid for three years or until the end of the validity of the person’s travel document.

Who does it affect?

The ETIAS travel registration system will apply to visa-exempt non-EU nationals (for example, UK and US citizens) who will have to pre-register their travel to the EU, be it for business or personal purposes, for a small fee. Travel to other countries that are EU members, but not part of the Schengen area (Bulgaria, Cyprus and Romania) will also require an ETIAS application. This will not apply to those travelling to Ireland.

The ETIAS system will also apply to visa-exempt non-EU nationals who are family members of EU citizens who do not hold a residence permit issued by an EU country.

Preparing for ETIAS: When can it be refused?

In more ways than not, ETIAS levels the playing field between visa-exempt travellers and visa-required travellers. With ETIAS, visa-exempt travellers will be subjected to a security screening comparable to that of visa-required travellers when they apply for a Schengen C visa at the respective consulate. This security screening, while automated, may encumber business travel and will require greater planning and foresight from businesses to guarantee that their travel and, with that, their projects, remain unaffected.  

In preparing for the ETIAS reality, businesses must begin by understanding the reasons that may lead to a refusal. 

The EU’s push toward digitisation and its “digital agenda” strives to advance interoperability between the different databases and systems. ETIAS’ operational system is no exception. Once the application is submitted ETIAS’ central system will cross-check traveller details across several European databases. Greater interoperability between databases results in more extensive cross-checking, which in turn can mean more reasons for refusal. Consequently, widespread compliance at every level is more important than ever.   

In this context, it is worth highlighting two of the main databases that will be cross-checked once travellers submit the ETIAS application: the Schengen Information System (SIS) and the European Criminal Records Information System (ECRIS).

ECRIS will likely identify individuals who have been prosecuted for breaking the law. If a “hit” is identified in the ECRIS, the ETIAS application will, in turn, be assessed manually and the decision on whether ETIAS is issued will be judged on a case-by-case basis. However, travellers with relatively minor convictions in this context (i.e., driving under the influence) are likely to be granted their ETIAS authorisation.

On the other hand, the SIS will help authorities keep track of visa-exempt nationals who may have previously exceeded the maximum allowed duration of stay (90 days in any 180 days in the Schengen area) and who have been issued a refusal of entry and stay. Moreover, monitoring overstays at the EU level will be further enhanced by the implementation of the Entry Exit System (EES); an automated IT system that will look to replace “traditional” visa-stamping practices, digitally register all travellers' stays in the EU, and flags individuals who have overstayed. In the cases in which the EES registers a traveller’s overstay and a refusal of entry or stay is issued (which will be registered in the SIS), an ETIAS application may result in a refusal, hindering the person’s ability to enter into the EU.

Due to the implementation of ETIAS, the EU’s overall technological enhancement and the maximization of the systems’ interoperability, it will be important for businesses to adjust practices to guarantee that their business travel remains unaffected. For this, companies can begin by implementing ETIAS in their travel booking system and ensuring that their employees have requested and obtained their ETIAS authorisation. In addition, tracking the days spent in the Schengen area, as to avoid overstaying and a revocation or refusal of an ETIAS authorisation will be paramount. Finally, and for those cases in which employees are refused or revoked their application, Fragomen can explore alternative pathways such as a “limited ETIAS authorisation” (in both time and territorial validity).  

What is next?

It remains clear that the EU’s technological initiatives come with significant changes. Navigating this new landscape and understanding the effects it has on immigration requirements will be a challenging readjustment. Fragomen can help businesses plan for ETIAS and regulate their processes to lessen the otherwise significant effects.

As mentioned above, along with ETIAS, the Entry/Exit System (EES) will also be implemented next year. EES will automatically register travellers from third countries when they cross an EU external border. This system, which will also serve as a complementary piece to ETIAS, will be discussed in our upcoming blog post.

Need to know more?

For further information and support regarding ETIAS, please contact us at [email protected].

This blog was published on 1 August 2023, 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, Twitter, Facebook and Instagram.