Frontiers - immigration update

EU moves to digitalisation: two new pre-travel authorisation schemes introduced

Entry/Exit System (EES) 

The Entry/Exit System (EES) in the EU is a new biometric capture scheme that will affect non-EU nationals travelling to Europe for short stays, expected to begin in 2025. Originally planned for 10 November 2024, its introduction has been delayed multiple times, with the EU announcing plans for a phased rollout in 2025. This system will apply to travellers who either:

• Possess a short stay visa.

• Do not need a visa to stay for a maximum of 90 days in any 180-day period.

Non-EU travellers will be registered each time they cross EU borders, replacing the need for manual passport stamping, instead capturing biometric data (fingerprints and facial images) for first-time travellers. No information needs to be provided in advance of travel. 

The new system monitors entries and exits to ensure compliance with Schengen rules, including the 90-day stay limit in a 180-day period. When the EES starts, travellers will need to queue to register at border checkpoints like ports and airports which is expected to cause long queues. 

The EES will apply to non-EU travellers from countries that either require a short-stay visa (like India or China) or do not need one for a stay of up to 90 days, for example British nationals, Americans, Canadians and Australians. British nationals living in the EU under the Withdrawal Agreement, will be exempt from registration under the EES if they can produce their residence document. 

Once the system is operational, the EES digital record will be valid for three years and travellers will only need to provide fingerprints or a photo at the border for re-entry to the Schengen area during this period.

For more information please see the EES - European Union and the UK government pages. 

European Travel Information and Authorisation System (ETIAS)

The EU is planning to introduce a separate pre-travel authorisation scheme similar to the ESTA and ETA, called the European Travel Information and Authorisation System (ETIAS). This system will also enhance border security checks and improve efficiency of travel management within the Schengen Area.

The ETIAS will require citizens of visa-exempt non-EU countries to obtain travel authorisation before entering the EU. Linked digitally to each traveller’s passport, it will cost EUR7 for most applicants and is expected to go live in mid-2025. It will be valid for three years or until passport expiry, whichever is sooner.

The UK rolls out its new ETA scheme

Those who travel to the USA may already be familiar with the Electronic System for Travel Authorisation (ESTA), which since 2008 has enabled eligible travellers to enter the USA under the Visa Waiver Program without needing a traditional visa. Much like ESTA, the UK and EU are introducing their own electronic travel authorisation systems - the UK's ETA and the EU's ETIAS - to streamline entry and enhance border security. These new programs reflect a broader trend of pre-travel authorisation requirements, allowing governments to conduct security checks before travellers even begin their journeys.

Since the publishing of our previous article about the new ETA scheme earlier this year, some information has been updated. From 2025, everyone (including children) who is not a British or Irish passport holder or British Overseas Territories Citizen will need to apply for permission to travel to the UK in advance of their arrival - either through an ETA or an eVisa. (For information about eVisas please see Vikki Wiberg's article here). 

ETAs are digitally linked to a traveller’s passport and allow security checks to be carried out before the traveller begins their journey to the UK. An ETA costs GBP10 and permits multiple journeys to the UK for stays of up to six months at a time over two years or until the holder’s passport expires – whichever is sooner.

The ETA scheme is already live for countries in the Middle East with the exception of Jordan who, after being included in the ETA for a short time, are now required to again apply for a visit visa before travelling to the UK.

From 27 November 2024, eligible non-Europeans (including those from the USA, Canada, Australia) can apply online for an ETA. They will need an ETA to travel to the UK from 8 January 2025.

From 5 March 2025 the ETA scheme will then extend again to eligible Europeans. They will need an ETA to travel to the UK from 2 April 2025.

The ETA scheme is also available for those coming to the UK for up to three months on the Creative Worker visa concession, coming to the UK for a permitted paid engagement or transiting through the UK.

For more information and to apply for an ETA please see 'Apply for an electronic travel authorisation (ETA)'.

Countdown to eVisas: transition from BRP to eVisa before December deadline

The UK government is transitioning from using physical Biometric Residence Permits (BRPs) to a fully digital system with eVisas. This shift will take effect by 31 December 2024, and all BRP holders will need to adopt the new eVisa system before then. The eVisa portal was opened to all BRP holders on 6 August 2024 so applicants no longer need to wait for an email invitation to apply.

What is an eVisa?

An eVisa is an online record of your immigration status, which replaces the physical BRP cards, biometric residence cards (BRC), and other passport endorsements like stamps and vignette stickers. It allows you to prove your right to enter or stay in the UK, without needing a physical document. You will need to create a UKVI account to access your eVisa details, which will be linked to your passport. The eVisa system will be more secure, convenient and tamper-proof than the traditional BRP card, and you can prove your immigration status with a unique share code that can be sent to employers, landlords, or other third parties.

Why the change?

The transition to eVisas is part of a broader move toward a digital immigration system. The UK government’s new online status record will streamline the immigration process and make it easier to prove your status. However, this transition is largely driven by the fact that biometric data stored in BRP cards cannot be encrypted beyond 2024, prompting the Home Office to shift to digital records.

The change comes with the expiration of all BRP cards on 31 December 2024. After this date, BRPs will no longer be issued, so individuals must transition to eVisas to prove their immigration status.

How to transition to an eVisa

All BRP cardholders, including children and dependants must create a UKVI account to obtain their eVisa. The process to set up this account is simple and free of charge. You will need to provide your date of birth, BRP number, passport, email address, phone number and access to a smartphone.

Once your account is created, your immigration status will be stored digitally. You should also ensure that your passport details are up to date in your UKVI account to avoid delays when proving your status at the border. It is crucial to keep your BRP until it expires, as it may still be required for certain applications or personal records.

What happens if you don't apply for an evisa?

If you do not transition to an eVisa by the deadline of 31 December 2024, you risk facing issues like proving your immigration status to employers, landlords, or banks, and from 1 January 2025, you could be refused entry to the UK. While a transitional period might be in place, it’s advisable not to rely on this and to act before the deadline.

It is best to set up the UKVI account well in advance to avoid complications near the deadline. If you face any issues accessing or using the eVisa system, there are support forms available, and it is important to report any problems promptly to ensure your status is accurately reflected.

Key changes to the European Blue Card

The Netherlands implemented the second part of changes to the European Blue Card (EBC) in June 2024 following the first set of changes in November 2023. These changes are part of the mandatory implementation of the revised EU Blue Card Directive (EU 2021/1883), adopted on 20 October 2021. The EBC is a residence permit for highly skilled workers from outside the European Union, and the recent amendments bring key modifications:

• Salary criteria: the salary threshold for the EBC has been reduced from EUR6,245 to EUR5,331 gross per month, aligning with the Dutch highly skilled migrant scheme for employees aged 30 or older. A lower threshold of EUR4,265 gross per month applies to recent graduates.
• Work experience: it is now possible to demonstrate higher professional skills through relevant work experience of at least five years (three years for IT-related jobs), replacing the previous requirement for a higher education certificate.
• Mobility within the EU: EU Blue Card holders in one member state can more easily change jobs or move to another member state after 12 months of residence, making it easier to qualify for an EBC in a new member state.
• Unemployment rule: if an EBC holder in the Netherlands is unemployed for more than six months, their EBC can be withdrawn. Previously, this threshold was three months.
• Extended validity: the validity of the EBC has been extended from four to five years.
• New grounds for withdrawal or refusal: the EBC can now be withdrawn or refused under several new conditions, including:
  (i) If the employer fails to meet its legal obligations regarding social security, tax, or employment rights.
  (ii) If the (recognised) sponsor does not report a change of employer. This notification obligation is very important.
  (iii) If the company has gone bankrupt or is no longer economically active.
  (iv) If the employer primarily established the company to facilitate access to the Netherlands for third-country nationals.

Find out more about the European Blue Card residence permit.

New Dutch residency rules: Turkish applicants face integration test from 2025

From 1 January 2025, Turkish citizens applying for a permanent residence permit will need an integration certificate. This will involve passing a mandatory integration exam, the 'Inburgeringsexamen' which tests an applicant's ability to read, write, listen and speak Dutch along with testing their knowledge of Dutch society and the labour market. This measure, introduced in 2022 is part of the Dutch government's efforts to promote better integration and comes after a three-year transitional period which ends in January 2025. The integration exam requirement is already in place for individuals from non-EU countries like Morocco, South Africa and India.

The requirement will only apply to those seeking a permanent residence permit and Turkish nationals applying for a residence permit for long-term EU residents or a residence permit on non-temporary humanitarian grounds.

The standstill clause exemption

Certain Turkish citizens will be exempt from the integration diploma requirement due to the standstill clause in EU-Turkey association law. This exemption applies to Turkish nationals who are employed in the Netherlands, or their family members provided they are applying for a residence permit on non-temporary humanitarian grounds after living there as a relative. These individuals will not be required to submit an integration diploma, even after 1 January 2025.

Other exemptions

Other groups may be exempt from the integration diploma requirement including individuals under the age of 18 or those who have reached the AOW (state pension age).

How to avoid the integration diploma requirement

For Turkish citizens who submit their application for a permanent residence permit before 1 January 2025, the integration diploma will not be necessary, provided that all other requirements—such as having sufficient income—are met before this deadline.

Find out more: Turkish people need an integration diploma for permanent residence.

Portugal woos global talent with bold tax incentives for under 35s 

In a bid to retain talent and attract foreign professionals, Portugal is planning to offer significant tax breaks for people under 35, including expats. Under this plan, workers aged 35 and under would enjoy a 100% tax exemption in their first year, gradually reducing to 75% in years two to four, 50% in years five to seven, and 25% in years eight to ten.

Portugal's Finance Minister, Joaquim Miranda Sarmento, anticipates that the tax cuts will benefit between 350,000 and 400,000 young people and help stimulate growth in a country with one of the lower GDP per capita rates in Western Europe. With a large number of migrants on digital nomad visas or golden visas already in cities like Lisbon and Porto, the policy could further enhance the country’s appeal as a low-cost, talent-friendly destination.

However, there are challenges. While the government projects this initiative to cost EUR650 million annually, it does not address key issues like low wages and high housing costs, which continue to push local talent abroad. Currently, the minimum monthly wage stands at EUR820. Individuals earning the average annual salary of EUR20,000 face an income tax rate of 26%, which rises to 32.75% for those with earnings between EUR21,300 and EUR27,000. As a result, many young professionals choose to emigrate, with approximately 40% of graduates leaving the country each year.

For businesses considering Portugal as a base for expansion or relocation, this could be an opportunity moment. By offering significant tax incentives, the country is signalling a commitment to making itself an attractive hub for young professionals, both local and international.

Portugal eases family reunification with new age limits and faster processing

Portugal has announced improvements to its family reunification process. Since October 2024, the age range for eligible children has expanded from five - ten years to zero - eighteen years, allowing more families to join their parents abroad. The primary parent must already hold a valid residence permit.

Parents with minor children can now register and schedule appointments via the Agency for Integration, Migration, and Asylum (AIMA) portal, easing the process for legal residents. Portuguese authorities will also prioritise family reunification applications, speeding up processing times.

Testing your knowledge: Hungary’s new cultural exam requirement for permanent residency

From 1 January 2025, Hungary will introduce a new requirement for foreign nationals seeking permanent residence status: a written exam testing an applicant’s knowledge of Hungarian history and culture. To pass, applicants will have to demonstrate a general understanding of these subjects and those who fail the exam will be ineligible for permanent residence. 

The new exam requirement will add administrative burdens to the application process so anyone wishing to avoid the more complex process should apply for permanent residency before January. 

Brussels new work permit regulations

Effective from 1 October 2024, Belgium’s Brussels region has introduced significant updates to its immigration policies for foreign workers. Here’s what you need to know.

Key Changes to Work Authorisation in Brussels

End of work permit B

From 1 October 2024, the traditional Work Permit B will be replaced by two new types of work authorisation: short-term and long-term. Under this system, the work authorisation will be sent directly to the employer, who will then forward it to the employee for visa applications, if required. Previously, multiple documents were required for compliance.

Short-term vs long-term work authorisations

Short-term work authorisations will cover periods of up to 90 days of work, including for cross-border workers and those telecommuting. For work lasting more than 90 days, long-term work authorisations apply. These can be granted for up to three years, depending on the worker’s category, such as highly skilled workers, researchers, and EU Blue Card holders.

Streamlined compliance process for long-term permits

For long-term work authorisations (those lasting more than one year), employers will no longer need to submit documents for annual compliance checks. The process will now be automated, although authorities reserve the right to request further documentation if necessary.

Unlimited work authorisation after 30 months

After two and a half years of uninterrupted residence and employment within the Brussels region, foreign nationals may qualify for unlimited work authorisation. For those who have obtained work permits from other Belgian regions, the qualifying period extends from two and a half to four years.

Salary threshold adjustments

As of 1 October 2024, salary thresholds for certain types of work permits will be calculated based on a percentage of the average gross monthly salary in the Brussels region (EUR4,604). For example:

• Highly skilled workers: EUR3,591.12 (78% of the average)
• EU Blue Card holders: EUR4,604 (100% of the average)
• Intra-company transfer (managers): EUR5,294.60 (115% of the average)

Implementation of the new EU Blue Card directive

Under the updated regulations, foreign nationals with five years of professional experience in a relevant field (as opposed to academic qualifications) will now be eligible for the EU Blue Card. Additionally, professionals in ICT with at least three years of relevant experience in the last seven years can also apply, regardless of their academic background.

Additional documentation for certain categories

Employers may now be asked to submit additional documents, such as job descriptions and organisation charts, for specific categories of work authorisation. These documents will help streamline the application process and support the analysis of applications.

Employers should be aware of the new salary thresholds and the changes in the work authorisation process, especially regarding the move from Work Permit B to short-term and long-term work authorisations.

Poland tightens grip on labour market with new immigration rules

Poland is preparing to introduce a series of sweeping reforms to its immigration system, with a bill on foreigners' access to the labour market. The Ministry of Family, Labour, and Social Policy is spearheading the draft bill that aims to overhaul the work permit process, making it more efficient and ensuring tighter controls to prevent abuse. These changes, expected to take effect in 2025, will primarily affect non-EU nationals seeking employment in Poland and their employers.

Key elements of the reforms:

• Formal employment contracts will be required.

• Employers will now be required to submit copies of employment contracts with foreign workers to authorities. These contracts must align with the work permit details. If conditions change, employers must update the work permit to reflect the new terms.

• Stricter penalties.

• The reasons for rejecting a work permit application have been broadened. These include cases where an employer has previously obstructed labour inspections or failed to comply with legal requirements in the past two years.

• More rigorous rules for employers: the bill includes more stringent requirements for newly established companies or those operating remotely within Poland. Additional controls will be applied to companies using virtual offices or involved in labour outsourcing.

• Digitalisation of work permits.

• Fast-tracking applications for key entrepreneurs: priority processing of work permits will be available for entrepreneurs whose businesses are deemed critical to the national economy. Companies in this category will be able to apply to the Ministry of Economic Affairs to be included in a special register, allowing for faster processing.

Employers should keep an eye out for any upcoming announcements on the reforms. If the bill is passed, it is likely to come into effect on 1 January 2025.

New work and residence rules for Ukrainian citizens in Poland

On 1 July 2024, an amendment to the Act of 12 March 2022 on Assistance to Ukrainian Citizens due to the war in Ukraine came into effect. These revisions extend protection for Ukrainian citizens and facilitate their access to the Polish labour market.

Key changes in residency regulations

Extended period of legal stay: Ukrainian citizens who have legalised their stay in Poland due to the ongoing conflict will now have their residency extended until 30 September 2025. Since 1 April 2023, those with a PESEL number designated with UKR status have been able to apply for temporary residence permits for employment or business activities. The new amendment expands this to include temporary residence permits for family members of Ukrainian citizens and for family reunification purposes.

Clarified employment conditions

Shortened notification period: the timeframe for notifying authorities about the start of employment has been reduced from 14 to seven days from the start date of work. Ukrainian citizens benefiting from temporary protection under the Act on Assistance must notify the authorities of their employment status.

Employer notification requirement: additionally, Ukrainian citizens are now required to inform their employer about the decision to obtain a temporary residence and work permit within seven days of receiving the decision.

These amendments should speed up the process for Ukrainian citizens seeking to work and reside in Poland, improving their support and integration into the labour market.

Austria paves the way for a brighter future for Ukrainian refugees with enhanced labour rights and education access

Austria has taken a significant step towards supporting Ukrainian refugees, recently passing legislative changes that grant them more labour rights and access to compulsory education to foster integration and provide displaced individuals with the opportunities they need to rebuild their lives.

New status for working refugees

Displaced persons who have already entered the Austrian labour market can now transition to a more stable status under the 'Red-White-Red Card Plus' program. To qualify for this upgrade, applicants must meet a few key requirements:

• Language proficiency: applicants must demonstrate basic German language skills at an A1 level and meet the general criteria for the ‘Red-White-Red-Card Plus’.
• Employment history: they must have worked for at least 12 months out of the last 24, a significant reduction from the usual requirement of 21 months.
• Social security: they must be fully insured under the Austrian social security system, which includes health, accident, and pension coverage, by earning above the monthly threshold of EUR518.44.

Education for young refugees

The new legislation particularly benefits young refugees under the age of 18. Those who have been displaced from Ukraine and are initially staying in Austria temporarily will now be subject to compulsory education. This means they can pursue their studies without needing special permits, thanks to an exception in the Employment of Foreigners Act. This change closes the gap between compulsory schooling and labour market access, allowing young people to receive continuous education.

The legislative changes have already been approved, with the provisions on compulsory education taking effect on 1 July 2024. The application process for the 'Red-White-Red Card Plus' opened on 1 October 2024.

Importantly, refugees will retain their status as displaced persons, meaning they won’t lose this status even if their application for the 'Red-White-Red Card Plus' is denied. This protective measure ensures that individuals can still seek other opportunities without the fear of losing their current status in Austria.

Spain doubles down on immigration reforms: what updates to expect

A draft of the new Regulation on Immigration Law is currently under review, with expected changes set to take effect after a six-month transitional period post-approval.

Objectives of the changes

The primary aim of these amendments is to reorganise immigration and international mobility rules, aligning them with EU regulations while addressing current needs.

Key changes in the regulation

• Study permits: the new regulations will specify the requirements that educational institutions must meet for enrolled international students to apply for study permits.
• Initial authorisations for residence and employment: 
  (i) Self-employment will be permitted under certain conditions.
  (ii) Enhanced oversight will be implemented for companies that terminate contracts with foreign workers before their first year of residence.
  (iii) Workers can change employers within the first six months if their job loss was involuntary and properly reported.
• Residence for family members of Spanish citizens: a new category will cover spouses, registered partners, unmarried partners (cohabiting for at least 12 months), offspring under 26, dependent parents and other family members. This permit will be valid for five years.
• Seasonal authorisations: the regulations will reintroduce seasonal work permits, allowing employment for up to nine months each year.

• New authorisations for exceptional circumstances: the residency requirement for will reduce from three years to two in certain circumstances. This includes:
  (i) Second-chance settlement (Arraigo de Segunda Oportunidad) for those who have worked in Spain in the last two years but have become irregular workers or have been unable to renew their permit.
  (ii) Socio-labour settlement (Arraigo Sociolaboral) for individuals with job offers.
  (iii) Social settlement (Arraigo social) for those with family ties to residents and sufficient economic means not derived from a job offer.
  (iv) Socio-educational settlement (Arraigo Socioformativo) for individuals enrolled in authorised training.
  (v) Family settlement (Arraigo Familiar) for parents of minor EU nationals.

These proposed amendments will enhance opportunities for regularisation and residency, streamlining existing processes like family reunification and the regulation of temporary work, while introducing new pathways for applicants. The reforms are to take effect on 20 May 2025.