At this time, there is a strong focus on immigration enforcement and compliance from companies with a presence in the United States. However, as a reminder, immigration enforcement and compliance are on the rise globally and are expected to increase in the EU specifically with the launch of the new EU Entry and Exit System (EES) on Oct. 12.
The Schengen area’s 29 European countries, including Switzerland, will introduce the EES system in phases, including the collection of biometric data, such as fingerprints and facial imaging, at their external borders, with full implementation by April 10, 2026.
The benefits of the EES are to make border checks more modern and efficient by gradually replacing passport stamping with a digital system that records when travelers enter and exit the EU. It also aims to prevent irregular migration by tracking who comes in and out of the Schengen area using biometric data, and increases the security in the Schengen area by giving border officers and law enforcement authorities access to important traveler information, helping them spot security risks and protect against serious crimes and terrorism.
The EES system applies non-EU nationals who either need a short-stay visa to travel to the European countries using the EES or do not need a visa to travel for a short stay (including U.S. passport holders) in the European countries using the EES. The EES will track days spent in the Schengen area, which will lead to more people who have exceeded the permitted 90 days out of every 180 days in the Schengen area being caught and potentially fined and prosecuted for immigration breaches.
The following travelers are exempt from EES registration, including:
- Irish and Cypriot nationals
- Non-EU nationals who hold a residence card in an EU country and are immediately related to an EU national
- Non-EU nationals who hold a residence card or a residence permit in an EU country and are immediately related to a non-EU national who can travel throughout Europe like an EU citizen
- Non-EU nationals travelling to Europe as part of an intra-corporate transfer or for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects, and au-pairing
- Holders of residence permits and long-stay visas
- Nationals of Andorra, Monaco, and San Marino, and holders of a passport issued by the Vatican City State or the Holy See
- People exempt from border checks or who have been granted certain privileges with respect to border checks (such as heads of state, accredited diplomats, cross-border workers, NATO officials, etc.). Diplomats travelling on short stay may be exempt from EES registration under certain conditions.
Given this upcoming implementation, it is of the utmost importance to have well-defined corporate business travel and remote work policies in place. As a reminder, it is important to not just look at the dates of travel but the types of activities that individuals are performing during travel to determine whether work permission is needed for compliance purposes.
With deep experience in EU compliance, the Global team at Clark Hill helps companies navigate complex regulatory landscapes, develop tailored policies, and make strategic assessments for outbound visa requirements, ensuring businesses stay compliant and agile across borders.
This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.
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