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Foreigners officially resident in France not covered by new EES passport rules, Commission confirms

The European Commission has clarified that foreigners living in France are not covered by EES - the far-reaching changes to passport control rules due to come into effect next year.

Foreigners officially resident in France not covered by new EES passport rules, Commission confirms
Big changes are coming for travel in and out of the EU. Photo by Kenzo TRIBOUILLARD / AFP

The EU’s new entry and exit system (EES) is due to come into effect in May 2023, followed by the new ETIAS system in November, and between them they will have a major effect on travel in and out of the EU and Schengen zone.

EES means automated passport scans at EU external borders, which will increase security and tighten up controls of the 90-day rule – you can find a full explanation of how they work HERE.

But the system is aimed at tourists and those making short visits to France – not non-EU citizens who live in France or second-home owners with visas, and there had been questions around how those groups would use the new system.

Now the European Commission has confirmed that EES does not apply for non-EU citizens who are living in France, telling us: “Non-EU nationals holders of residence permits are not in the scope of the Entry/Exit System and ETIAS. More about exceptions can be found on the website.

“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.”

What this means in practice is that foreigners living in France cannot use the new automated passport gates that will be introduced with EES in May 2023.

The reason for this is that the automated passport gates only give the option to show a passport – it is not possible to also show a carte de séjour residency permit or a visa.

The automated system also counts how long people have stayed in France or the EU, and whether they have exceeded their 90 day limit – since residents are naturally exempt from the 90-day rule, they need to avoid the 90-day ‘clock’ beginning when they enter the EU.

A Commission spokesman said: “EES is an automated IT system for registering non-EU nationals travelling for a short stay, each time they cross the external borders of European countries using the system (exemptions apply, see FAQ section).

“This concerns travellers who require a short-stay visa and those who do not need a visa. Refusals of entry are also recorded in the system. 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.”

The French Interior Ministry confirmed to The Local that people who have either a French visa or a carte de séjour should not use the automated gates – instead they should go to a manned gate and present their passport and residency papers together, in order to avoid the entry stamp.

For more information on EES for foreigners living in France click HERE. If you are a second-home owner click HERE

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EU

How would a ‘youth mobility scheme’ between the UK and EU really work?

The EU and the UK could enter into a 'youth mobility' scheme allowing young people to move countries to work, study and live. Here's what we know about the proposal.

How would a 'youth mobility scheme' between the UK and EU really work?

Across the 27 countries of the EU, people of all ages can move countries to work, study, spend a long visit or chase the possibility of love – and all this is possible thanks to EU freedom of movement.

That freedom no longer extends to the UK. As a result of Brexit, a UK national who wants to move to an EU country, or an EU citizen who wants to move to the UK, will need a visa in order to do so.

However, a new ‘mobility scheme’ could re-create some elements of freedom of movement, if the EU and UK can come to an agreement.

The European Commission on Thursday announced proposals for a ‘youth mobility scheme’.

Who would benefit?

First things first, it’s only for the youngsters, older people will have to continue with the time-consuming and often expensive process of getting a visa for study, work or visiting.

The Commission’s proposal is for a scheme that covers people aged 18 to 30. 

Their reasoning is: “The withdrawal of the UK from the EU has resulted in decreased mobility between the EU and the UK. This situation has particularly affected the opportunities for young people to experience life on the other side of the Channel and to benefit from youth, cultural, educational, research and training exchanges.

“The proposal seeks to address in an innovative way the main barriers to mobility for young people experienced today and create a right for young people to travel from the EU to the UK and vice-versa more easily and for a longer period of time.”

How would it work?

We’re still at an early stage, but the proposal is to allow extended stays – for young people to be able to spend up to four years in the EU or UK – under a special type of visa or residency permit. It does not, therefore, replicate the paperwork-free travel of the pre-Brexit era.

The Commission states that travel should not be ‘purpose bound’ to allow young people to undertake a variety of activities while they are abroad.

Under the visa system, people must travel to a country for a specific purpose which has been arranged before they leave – ie in order to study they need a student visa which requires proof of enrolment on a course, or if they intend to work they need a working visa which often requires sponsorship from an employer.

The proposal would allow young people to spend their time in a variety of ways – perhaps some time working, a period of study and then some time travelling or just relaxing.

It would also not be subject to national or Bloc-wide quotas.

It seems that some kind of visa or residency permit would still be required – but it would be issued for up to four years and could be used for a variety of activities.

Fees for this should not be “excessive” – and the UK’s health surcharge would not apply to people travelling under this scheme.

Are there conditions?

Other than the age qualification, the proposal is that young people would have to meet other criteria, including having comprehensive health insurance, plus financial criteria to ensure that they will be able to support themselves while abroad.

The visa/residency permit could be rejected on the ground of threats to public policy, public security or public health.

Will this happen soon?

Slow down – what’s happened today is that the European Commission has made a recommendation to open negotiations.

This now needs to be discussed in the Council of Europe.

If the Council agrees then, and only then, will the EU open negotiations with the UK on the subject. The scheme could then only become a reality if the EU and UK come to an agreement on the terms of the scheme, and then refine the fine details.

Basically we’re talking years if it happens at all, and there’s plenty of steps along the way that could derail the whole process.

Don’t start packing just yet.

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