• 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

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

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 InsightsView 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
  • 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
September 10, 2026 | NetherlandsSenior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law
September 11, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
September 10, 2026 | CanadaCanada: United Kingdom Added to CPTPP Work Permit Provisions
September 10, 2026 | IrelandIreland: Government Proposes Significant Amendments to Naturalisation Legislation
September 10, 2026 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
September 10, 2026 | NetherlandsSenior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law
September 11, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
September 10, 2026 | CanadaCanada: United Kingdom Added to CPTPP Work Permit Provisions
September 10, 2026 | IrelandIreland: Government Proposes Significant Amendments to Naturalisation Legislation
September 10, 2026 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
September 10, 2026 | NetherlandsSenior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law
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.