Global Travellers Facing Digital Changes for Travel to the UK and the EU

The COVID-19 pandemic was instrumental in the global adoption of digitalisation as video calling quickly became the norm, digital health passports were mandated throughout Europe, and immigration systems were digitised to enable contact-free decision-making and monitoring. As has been the longstanding norm in several countries, in a bid to digitise entry requirements and improve the tracking of visa-exempt foreign nationals for security and immigration purposes, the UK and EU will soon roll out new entry regulations that will require an extra step for millions of travellers, many of whom have typically only needed a passport for entry to date.

Later this year, the UK government is expected to implement an Electronic Travel Authorisation (ETA) programme as part of its ambition to make the UK’s border fully digitalised by 2025. According to the government, this move will provide accurate information on travellers to the UK in terms of numbers and country of origin, thus helping to enhance border security by screening passengers before they travel, and thereby identifying potential threats earlier.

The ETA requirement applies to all Europeans and other non-visa nationals, such as US, Australian and Canadian nationals, and will be required for those visiting the UK for short visits such as for tourism, business trips and transit. Proof of a valid ETA will be required prior to boarding a flight, train, boat or other carrier into the UK. There are, however, exceptions in place for British and Irish nationals, and for non-Irish nationals who are lawful residents in Ireland and are travelling to the UK from elsewhere in the Common Travel Area. In addition, individuals who are required to apply for a visa to enter the UK or who already have a visa for the UK will not need to apply for an ETA. The ETA is not, however, a visa, and cannot be used to enter the country; visa nationals will still need a valid visa prior to travelling to the UK.

The government will begin to roll out the scheme in phases later this year, beginning with Qatari nationals, and will progressively add more countries requiring ETAs throughout 2024, with the goal of full implementation by the end of next year. An ETA will cost GBP10 per applicant and will be valid for two years, during which time it may be used for multiple visits to the UK.

In a similar fashion, as part of the Smart Borders initiative to digitalise its external borders, the European Commission is expected to implement its long-awaited European Travel Information and Authorisation System (ETIAS) in 2024. An ETIAS authorisation is an electronic travel formality – it is not a visa. It will be required for non-visa national citizens of 60+ countries – including Australia, Canada, the UK and the US – prior to travel to the Schengen Area and three additional non-Schengen EU countries (Bulgaria, Cyprus and Romania). Ireland will not require an ETIAS authorisation and will continue to operate its own visa policy for foreign travellers.

ETIAS will work together with the Entry/Exit System (EES) to monitor Schengen Area overstays and perform digital security checks on travellers entering the Schengen Area.

While the ETIAS application process will be quick for many travellers, those denied an ETIAS authorisation or requested to provide additional information could face delays of up to four weeks. Business and leisure travellers will therefore need to apply in good time ahead of travel to avoid potential delays. All travellers will require a separate and approved ETIAS. The application fee is expected to be EUR7, with under 18s and over 70s being exempt. Once approved, ETIAS will be valid for travel for a period of three years.

To date, non-visa nationals have enjoyed relatively frictionless, anonymous travel to the UK and Europe, and as they move within the Schengen Area. The introduction of the ETA and ETIAS authorisations heralds the dawning of a new digital era, which will arguably make such travel a thing of the past. The European Commission is three years into its “Digital Decade” initiative, with the aim of making all public services digital by 2030 and increasing co-operation and the sharing of data between government agencies, including the tax and immigration authorities. This has considerable implications for business travellers to mainland Europe in particular.

Businesses seeking to hire or mobilise talent subject to ETIAS requirements within Europe will need to ensure that authorisation is obtained well in advance of travel and that employees are mindful of respecting the 90/180-day Schengen allowance. ETIAS is expected to function in tandem with the EES, which is the digitalisation of EU external borders to monitor and track Schengen overstays.

Travellers found to have overstayed their Schengen allowance can face fines and re-entry bans of up to two years. It is therefore crucial for businesses and business travellers to monitor their Schengen allowance days to ensure business continuity and not incur additional avoidable costs.

Furthermore, to date travellers have been able to navigate the grey space between “working” and “conducting business” and avoid compliance requirements such as Posted Worker Notifications as they move from country to country within the European Union (a “posted worker” is an employee who is sent by their employer to carry out a service in another EU member state on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency. EU law defines a set of mandatory rules regarding the terms and conditions of employment to be applied to posted workers, and that a notification is made prior to travel. However, the scheme has lacked teeth to date, so increased digitisation is a game changer in this regard). In the current geopolitical climate of economic recession and some right-leaning anti-immigration government policies, it is widely expected that compliance will be more vigorously enforced, with increased data-sharing between national and regional agencies, and fines ranging from EUR10,000 to EUR500,000 (for severe and repeat non-compliance) per employee happily being collected. Indeed, we are already seeing increased audits in several EU member states.

The introduction of ETIAS and the ETA systems underscores a broader shift in immigration policies worldwide. Governments are increasingly adopting electronic authorisation systems and, in doing so, seeking a balance between attracting skilled foreign workers to address labour shortages whilst protecting their borders from security risks, all the while consolidating data gathering via digitalisation.

Now more than ever, employers need to be aware of and implement practices to ensure their international staff satisfy local compliance requirements. They will also likely need to adapt recruitment strategies to align with these new systems. Such strategies may include fostering international talent pipelines and further investing in skill development programmes for local candidates. In this ever-evolving landscape, employers must stay abreast of rapidly shifting immigration policies and regulations to navigate the complexities of hiring and mobilising foreign talent. By being proactive and strategic in their approaches, businesses can continue to access a diverse global workforce whilst meeting ever-evolving immigration compliance requirements.