Update on External COVID-19 Travel Ban and Permission for Highly Skilled Workers’ Entry

The situation

On July 16, the European Council updated its guidance for countries whose residents should be allowed or denied entry into EU Member States, advising that residents of Montenegro and Serbia should be barred from entry. No countries were added to the greenlist which was published June 30.

Additionally, as an update to the European Commission’s June 11 advice, several EU and Schengen Area countries have now lifted COVID-19-related travel restrictions for highly skilled workers.

Key points of the implementation of the advice across several EU countries are discussed below.

A closer look

• Scope of implementation. The scope of implementation of the above rules varies considerably between countries. For example, Portugal is allowing only urgent professional travel, while Germany is permitting entry for greenlisted countries’ residents and for key permit types, such as the EU Blue Card and EU Intracompany Transferee permit, provided that the assignment/employment is critical to business and urgent.

• No easing of travel restrictions. Hungary and Slovenia have confirmed that they will not implement the EU’s guidance to allow residents from greenlisted countries to enter at this point.
• No data on implementation. Austria, Bulgaria, Croatia, France, Liechtenstein and Malta have not yet announced whether they will apply the EU guidance.

 

Impact

• Eased entry. Employers sending foreign nationals – especially highly qualified workers – to Europe should benefit from progressive easing of entry restrictions in their remobilization efforts. Additionally, opening of intra-EU and Schengen Area travel facilitates a pan-European remobilization strategy.
• Visa and entry requirements apply. As before, visa nationals must obtain a visa before travel. Though consular posts are not yet fully operational in EU countries, some have started to process visa applications for highly skilled workers, since they are considered essential workers. Note that travelers may be required to carry a medical certificate and/or complete on-arrival health screening and/or quarantine, depending on the country.

 

Background

• Highly skilled workers. In line with Fragomen’s advice, the European Commission called on EU countries to include highly skilled workers in their definition of "essential workers”.
• “Greenlisted” countries. On June 30, the European Council advised to permit entry from Algeria, Australia, Canada, China, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia and Uruguay; based on the epidemiological situation in these countries at that time, provided these countries reciprocally permitted entry for EU nationals. The greenlisted countries are in addition to Andorra, Monaco, San Marino and Vatican City. Many EU and Schengen Area countries now permit travel for select greenlisted countries. Some exceptions, such as Belgium, nevertheless exist.
• UK/Ireland situation. As a reminder, Ireland and the United Kingdom have not introduced COVID-19 travel restrictions. Although the United Kingdom left the European Union on January 31, 2020, UK residents should be treated as EU residents regarding pandemic-related entry restrictions, although country-specific variations may apply. Fragomen is closely monitoring this element of entry restrictions.

 

Looking ahead

Fragomen does not expect all EU countries to lift COVID-19-related travel restrictions for highly skilled workers in the short term. The European Commission is expected to publish an updated greenlist by July 29 and every two weeks thereafter. These lists will depend on the evolution of the health situation in these countries.

Fragomen will report related developments.

Check Fragomen’s dedicated COVID-19 website for updates on this situation and other countries’ travel and entry restrictions.

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].