Explaining new EU border arrangements; European Travel Information and Authorisation System (ETIAS) & Entry/Exit system (EES)

If you have any further questions after viewing this please contact us via email on infopoint@wai.org.uk

 

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Questions and Answers from the session

Q: What are the rules now for UK nationals travelling to Ireland? 

A: Ireland will not be part of the EES and ETIAS schemes as it is not part of the Schengen Area. For UK nationals travelling to Ireland, the same rules will be applicable as before – this will also be the case for other third-country nationals.  

So indeed, nothing will change regarding Ireland. Note that Cyprus is the only other EU country that will not apply the EES system (for now), but an ETIAS will be required to travel to the country.  Unlike Cyprus, which is expected to join the Schengen Area soon, Ireland has a particular position given the Common Travel Area (CTA) so, no changes are expected to happen in the near future.  

 

Q: What are the rules for Irish passport holders or individuals with dual EU nationality regarding EES and ETIAS? 

A: Irish passport holders and individuals with an EU passport are exempt from both the EES and ETIAS when using their EU passport to travel within the Schengen Area. If you have dual nationality (e.g., a UK and Irish passport), and you travel on your EU passport, you won’t need to apply for ETIAS or be subject to EES. However, if you choose to travel on your UK passport, ETIAS and EES will apply as you’ll be considered a third-country national. 

 

Q: How do the rules apply to a person with two passports of one nationality, eg 2 UK passports, in particular around 90/180 day rule?  

A: For a person with two passports of the same nationality, such as two UK passports, the 90/180 day rule, ETIAS, and EES all apply based on your nationality and time spent in the Schengen Area, not the number of passports you hold. Here's how each system works: 

• 90/180 day rule: Non-EU citizens, including UK nationals, can stay in the Schengen Area for up to 90 days within any 180-day period. This limit applies regardless of how many passports you hold.  

• ETIAS: You only need to apply for ETIAS once, even if you have multiple passports of the same nationality. The ETIAS authorization will be linked to the passport you used to apply. When traveling, you must present that specific passport for the ETIAS to be valid. 

• EES (Entry/Exit System): Holding two UK passports does not affect how the system monitors your travel. The 90/180 day rule will still apply, and your cumulative time in the Schengen Area will be tracked, regardless of which passport you use. 

 

Q: What happens if there is a technological problem at the border and the computer systems are not working?   

A: All the details will be linked to your passport, if there is a technical problem at the border you may need to speak to border officials who will check your passport. 

 

Q: Does EES / ETIAS apply to all travel purposes - both business and personal?   

A: Yes, it doesn’t matter what the purpose of your journey is. 

 

Q: Are there any other things we will need to do before going for a say 1 week tour in France (with money paid to our booking agent)? 

A: Yes, you will need to look at whether you need a visa or work permit that suits the purpose of your visit.  Additionally, you should look at tax and social security implications.  Please get in touch with Mobicultur as a Mobility Information Point (MIP) in France, there is also a wider network of MIPs that can help you in other countries.  Arts Admin has also created a useful guide for continuing to tour in the EU as an artist.   

 

Q: Do the ETIAS and EES requirements apply to all individuals under 18 years old? 

A: Yes, all individuals, including minors under 18, must comply with the ETIAS and EES rules. However, those under 18 (and over 70) are exempt from paying the ETIAS application fee. 

For the EES, children under 12 years old are not required to have their fingerprints scanned. 

 

Q: How will EES work for people who have overstayed in the Schengen Area but are in the process of applying for a residence permit, and want to leave before the application is approved? 

A: If you have overstayed in the Schengen Area but are in the process of applying for a residence permit in a particular Schengen country, the situation can be complex under the EES. 

• Leaving before the residence permit is approved: If your application for a residence permit is still pending, leaving the Schengen Area before approval could flag you in the EES as an overstayer, which may lead to complications when you try to re-enter or in future travels. The system is designed to automatically track entries and exits and compare them with the permitted stay duration under the 90/180 day rule. Even if you are in the process of regularizing your stay through a residence permit, the overstay will still be recorded. 

• Re-entering the Schengen Area: Re-entering the Schengen Area should ideally be done through the country where your residence permit application is being processed. This way, border authorities in that country will have a record of your ongoing application, and you may avoid penalties or complications that other Schengen countries might impose. However, there are no guarantees, as each country applies national regulations differently. 

• Consult national authorities: Its best to check with the immigration authorities in the country where your residence permit application is being processed. Some countries may issue temporary documentation or advice to allow you to leave and re-enter without facing issues related to the overstay, depending on their national regulations. 

 

Q: As ETIAS lasts 3 years, is it possible to apply without confirmed  future travel plans, just to ensure it’s in place? Or do you need the first travel date/flight/train confirmed in order to apply? 

A: Yes, you can apply for ETIAS even if you don’t have specific travel plans or a booked flight. ETIAS is valid for 3 years, so you can apply in advance to ensure you’re prepared for future travel. However, during the application, you will need to indicate the country of your first intended stay. This information is necessary to process your application but does not lock you into those plans. Once approved, you can travel to any of the 30 European countries that require ETIAS, even if your travel plans change after applying. 

Here is the information you will need to provide when applying for ETIAS: 

• Personal details: Name(s), date and place of birth, sex, nationalities, home address, email address, and phone number(s) 

• Family details: Your parents’ first names 

• Travel document details: Passport or another travel document 

• Education and occupation: Your level of education and current occupation 

• Intended first country of stay: The country you plan to visit first (even if your plans change later) 

• Background information: Past criminal convictions, previous travel to war or conflict zones, and any recent return decisions 

• Family ties to EU citizens or residents: If applicable, you will need to provide the personal information of the family member and specify your family relationship. 

If someone is applying on your behalf, such as a family member or agent, they will need to provide their full name, contact details, and any applicable organization or firm information, as well as confirm their relationship to you. You will also both need to sign a declaration of representation. 

 

Q: Do we have to apply to every country we travel through? 

A: Both ETIAS and EES are centralised systems that cover all Schengen Area countries. A single ETIAS application is valid for travel to any of the countries that require it and the EES will track your entries and exits across all Schengen countries. This means you only need to apply once for the ETIAS and will be able to travel through all the Schengen countries while the authorisation is valid.  

 

Q: Is it the first country you enter that will be the country that approves your ETIAS application? 

A: For the purposes of the application it will be a centralised process, although individual member states will be involved in the administrative process. 

The ETIAS approval process is centralised and managed by a central system, not by the country you plan to enter first. While individual Schengen member states are involved in administrative checks, your ETIAS is valid for entry into any Schengen country once approved, regardless of where you first arrive. 

 

Q: What if a member of the group doesn't use a smart phone, and does not have access to phone apps? 

A: You won’t need an app or digital access at the border, as your ETIAS authorization will be automatically linked to your passport. If you wish to check details about your stay in the Schengen area, such as the 90/180 day rule, you can do so via an internet browser. The ETIAS application can be completed online through the official website or app, and once approved, the authorization will be sent to you by email, with no need for physical documentation or the app at the border. 

 

Q: Can someone else apply for ETIAS on my behalf? 

A: Yes, someone else, such as a family member, agent, or representative, can apply for ETIAS on your behalf. They will need your required information and can submit the application through the official ETIAS website or mobile app. 

Both you and the person applying must sign a declaration of representation, authorizing them to act on your behalf. This signed document should be kept as proof of your authorization. Each traveler needs a separate declaration. 

In addition to your details, the person applying on your behalf will need to provide their full name, contact details, and any relevant organization or firm information (if applicable), as well as their relationship to you. It's important that the email used in the application is one you can access, as it will be used for all communication regarding your ETIAS status.