• Insights

Navigating the Uptick in Internal Border Checks: Is the EU’s Free Movement at Risk?

November 8, 2024

Navigating the Uptick in Internal Border Checks: Is the EU’s Free Movement at Risk?

Countries / Territories

  • BelgiumBelgium
  • European UnionEuropean Union

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related insights

  • What’s Next for TPS-holders in Europe Who Fled Ukraine?
  • 90 Days in the Schengen Area – Simply Not Enough?

Related offices

  • Brussels

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related insights

  • What’s Next for TPS-holders in Europe Who Fled Ukraine?
  • 90 Days in the Schengen Area – Simply Not Enough?

Related offices

  • Brussels

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related insights

  • What’s Next for TPS-holders in Europe Who Fled Ukraine?
  • 90 Days in the Schengen Area – Simply Not Enough?

Related offices

  • Brussels

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Andreia Florina Ghimis, Elisabeth Kamm

Travelling across Europe without internal border checks is a considered a major achievement of collaboration between European countries. In a recent Eurobarometer survey, more than four in five EU companies agreed that the Schengen Area benefits business in their country and is one of the EU's main accomplishments.

The temporary reintroduction of Schengen internal border checks is nothing new. However, in recent weeks, Germany, Norway, Denmark, France and Sweden have announced new internal border checks starting in November, raising concerns about the future of free travel within Schengen. Newly announced controls often build on previously implemented measures in these countries and add to existing controls in Austria, Italy and Slovenia.

What does this mean for businesses and travellers in Europe?

The most immediate impact for businesses and individuals of internal Schengen checks is likely to be delays. Border checks for identity and travel documents take time, which may result in train delays or traffic jams. Therefore, it is a good idea to plan for potential disruptions. For businesses, this can result in increased costs due to longer travel times for cross-border commuters or frequent business travellers.

Additionally, all travellers must ensure they have the correct documentation readily available for border guards. While EU citizens can travel based on their ID cards, non-EU nationals must ensure they have their valid passports with them even if they hold a residence permit issued by an EU country, as the latter is not considered a valid travel document.

However, it is important to note that these border checks do not mean every traveller will be inspected each time they cross a border. The checks are often limited to specific land, air or sea borders between two countries, and authorities may not inspect every individual. For instance, they may opt to check one train in three rather than every single one.

Individuals in specific situations, such as those who legally hold the temporary protection status but whose permits have expired, or family members of EU citizens exercising extended free movement rights, may also need to explain their circumstances. Having supporting documents on hand can be crucial in such cases to clarify and justify their legal status and exemptions they benefit from.

For those traveling without valid travel document authorization, such as individuals with expired Schengen visas, invalid residence permits or visa-exempt nationals who have overstayed the allowed 90/180-day limit, these checks increase the risk of detection and sanctions. Business and leisure travellers alike have the ability to check that they comply as the primary aim of these controls is to identify such irregularities.

Are these internal border checks legal?

Internal border controls are, in principle, not allowed within the Schengen Area. However, EU countries can legally reintroduce such checks for specific reasons, key among them being serious threats to public policy or internal security. This is not a new development; internal checks have been reintroduced occasionally for many years. However, when doing so, Schengen countries must follow certain rules.

First, the reintroduction of border controls should be a last-resort measure, used only in exceptional situations, and must be proportionate to the perceived threat. Second, these measures are always temporary and must have a clearly defined end date. The length of time they are permitted depends on the reason for their introduction.

Although the European Commission can request detailed explanations from countries and voice concerns, as it did during the EU Council meeting in mid-October, it does not have the authority to veto a Member State’s decision to reintroduce internal border controls.

Is Europe’s “Free Movement” truly at risk?

The principle of free movement in Europe encompasses far more than traveling in the area without being subject to border checks. Thanks to this right, EU citizens can travel, live AND work in any other EU or Schengen country with minimal administrative procedures. Often, these rights extend to family members as well.

Businesses benefit from reduced trade, transport, and immigration costs, enhancing Europe’s attractiveness as a business hub. A well-functioning Schengen Area boosts competitiveness, with recent Eurobarometer data showing that three in four European businesses rely on this advantage and focus their operations within the zone.

Temporary and proportionate internal border checks do not threaten the principle of free movement per se. As long as they remain limited in time and justified, they are explicitly foreseen to ensure the security of those living or travelling through the area.

In fact, since a recent revision of the Schengen Border Code, guidelines for their temporary use have been clarified and checks now explicitly allow countries to also respond to other types of crises, such as health crises like the COVID-19 pandemic.

The concern arises when countries continuously extend these internal checks, particularly if the initial reason for which they were introduced no longer stands.

Hampering the freedom to travel within the Schengen Area could, on the long-term, affect the unity of the EU and undermine its attractiveness for businesses. Consequently, Europe may see its economic growth and capacity to attract investments also diminished.

Businesses should continue emphasising with policymakers the added value that the Schengen free travel area brings and advocate for sound policy decisions striking the right balance between business goals and security needs.

Need to know more?

Please reach out to the Fragomen Consulting Europe team at [email protected] with queries on the Schengen Area and immigration considerations. 

This blog was published on 8 November 2024, 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.

Countries / Territories

  • BelgiumBelgium
  • European UnionEuropean Union

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related insights

  • What’s Next for TPS-holders in Europe Who Fled Ukraine?
  • 90 Days in the Schengen Area – Simply Not Enough?

Related offices

  • Brussels

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related insights

  • What’s Next for TPS-holders in Europe Who Fled Ukraine?
  • 90 Days in the Schengen Area – Simply Not Enough?

Related offices

  • Brussels

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Senior Manager

Brussels, Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related insights

  • What’s Next for TPS-holders in Europe Who Fled Ukraine?
  • 90 Days in the Schengen Area – Simply Not Enough?

Related offices

  • Brussels

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Stephanie D. Weaver and Julia Manacher examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Stephanie D. Weaver and Julia Manacher examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
July 15, 2026 | 🌐Minimum Salary Changes Announced
July 15, 2026 | United KingdomUnited Kingdom: India Young Professional Scheme Ballot to Open Shortly
July 15, 2026 | United StatesUnited States: CDC Extends Entry Ban to August 12 for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan
July 14, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
July 15, 2026 | 🌐Minimum Salary Changes Announced
July 15, 2026 | United KingdomUnited Kingdom: India Young Professional Scheme Ballot to Open Shortly
July 15, 2026 | United StatesUnited States: CDC Extends Entry Ban to August 12 for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan
July 14, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.