Important Updates
Important Updates
July 3, 2025 | United StatesUnited States: Congress Passes Budget Reconciliation Bill with Immigration Impact
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 3, 2025 | CanadaCanada: Québec Reopens Skilled Worker Program and Unveils Selection Criteria
July 3, 2025 | United Arab EmiratesUnited Arab Emirates: Temporary Pause on Issuing Freelance Visas
July 3, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee to Assess Salary Thresholds, Temporary Shortage List Occupations
July 3, 2025 | United StatesUnited States: Congress Passes Budget Reconciliation Bill with Immigration Impact
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 3, 2025 | CanadaCanada: Québec Reopens Skilled Worker Program and Unveils Selection Criteria
July 3, 2025 | United Arab EmiratesUnited Arab Emirates: Temporary Pause on Issuing Freelance Visas
July 3, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee to Assess Salary Thresholds, Temporary Shortage List Occupations
July 3, 2025 | United StatesUnited States: Congress Passes Budget Reconciliation Bill with Immigration Impact
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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?

Country / Territory

  • BelgiumBelgium

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), 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 (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), 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 (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), 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 (Benelux)

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.

Country / Territory

  • BelgiumBelgium

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), 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 (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), 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 (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), 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 (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.