The EU’s new Entry & Exit System (EES) of enhanced passport controls will be launched on October 12th, albeit in a phased in approach, but how will it impact non-EU residents legally living in EU/Schengen countries?
The EU’s new Entry & Exit System is basically an enhanced passport check at external external Schengen borders, that includes giving a facial scan and fingerprints.
You can find a full explanation of the new system HERE.
Non-EU visitors, including those on short-stay visas, crossing an external EU or Schengen border for the first time will be required to complete the EES checks.
The scheme will officially begin on October 12th 2025 but only at certain entry points and not for all passengers. By April 2026 all non-EU visitors will be subject to the checks.
There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.
But being exempt doesn’t mean non-EU residents in European countries won’t be caught up in any EES related queues or delays at borders.
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So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.
Exempt
One of the stated aims of EES is to tighten up enforcement of over-staying – in other words people who stay longer than 90 days in every 180 in the EU/Schengen area without a visa, or those who overstay the limits of their short-stay visa.
Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.
In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.
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A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.
“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”
How this will work
How this will work on the ground, however, varies depending on how you are travelling.
In most cases, exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths.
However it is not clear whether these will be available at all airports/ports/terminals or exactly how non-EU residents of the EU will be directed to those services.
Several transport providers, including Eurotunnel, which runs cross-channel rail shuttles between France and the UK, says non-EU residents of EU/Schengen states should simply head straight to the normal border points and skip the EES checks. Meanwhile the Ports of Dover and Calais say that non-EU residents of the EU should flag up their status to staff at check-in, and they will be directed to the correct place.
READ ALSO: Dover and Eurotunnel reveal start dates for new EES passport checks✎
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But as many travellers will know, individual border guards are not always clear on the processes and rules for non-EU residents of the EU. Even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.
Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.
The key thing is that EES does not actually change any of the rules for entry to the EU/Schengen zone – it only changes enforcement of the rules. For residents of the EU, having a valid residency permit always trumps having an incorrect stamp added to their passport.
What if I live in the EU but I don’t have a visa/residency permit?
For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.
However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany, Italy and Spain.
Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.
For example Brits in Italy and Spain are being encouraged to obtain the relevant post-Brexit residency permits to be able to prove they are exempt once EES is in place. Brits in Germany have been given a list of documents they can use to prove they are residents and therefor not subject to EES checks.
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Delays
Although residents of the EU do not need to complete EES formalities, they could be affected if the new system causes long queues or delays at the border.
Several countries have expressed worries about this, with the UK-France border a particular cause for concern.
Travelling with non-exempt passengers?
Another way exempt travellers will be caught up in EES queues is if they are travelling in a vehicle with non-EU visitors who are not exempt.
At ferry ports and the Eurotunnel terminals vehicles are directed to EES kiosks if there are non-EU visitors travelling, so even if one person is an EU national or a legal resident in Europe, the vehicle will be directed through to the EES area. Obviously anyone exempt won’t need to undergo the individual checks and scans.
Where does it apply?
EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.
Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.
Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.
The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
Therefore a journey between any of the countries listed above will not be covered by EES.
However a journey in or out of any of those countries from a country not listed above will be covered by EES.
You can find our full Q&A on EES HERE.
