EES and ETIAS: What foreigners in France need to know about 2023 passport control changes

RunAgroundHard

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What do we need to know beyond using the system on the way in and the way out? The links are behind a paywall and a AddBlocker unblocking request.
 

doug748

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January, time to start thinking about the summer, happy days. Some useful reminders here:

Sailing to France: what you need to know - Yachting Monthly

Look like things are unlikely to be running smoothly in Europe with EES till at least 2024, if then.

I like the new UK electronic form 1331 :
Enter Date of Arrival: Hours, Minutes Seconds. ? Who writes these things?

.
 
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Koeketiene

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Strange - I don't get that (and I run an addblocker).
The Local is a website for Brit expats in France.

Anyway...

EES and ETIAS: What foreigners in France need to know about 2023 passport control changes

You might have already heard about changes to travel rules from 2023 due to the EU's EES (Entry and Exit System) and ETIAS - if you're a foreigner and you live in France, here's what this will change for you.

The year 2023 will bring in two big changes to how the EU controls its borders – EES and ETIAS.
You can find a full explanation of what they are here, but EES is the one that will have the greatest effect on travel for foreigners who are resident in France. It is also the one due to come into effect first.

EES

Who?

We’re talking here about non-EU nationals who are either living in France or are here on an extended stay – people who have either a carte de séjour resident card or a long-stay visa.
For tourists, those making short trips to France such as family visits or second-home owners – click HERE.
If you have the passport of an EU country other than France, the EES does not affect you, and you can carry on travelling as normal. If you are a dual national, EES will only affect you if you are using your non-EU passport for travel.

Where?
EES applies to the EU’s external borders, so if you are travelling between France and Belgium then nothing changes.
However if you are entering France from a non-EU or Schengen zone country (eg the UK, USA, or Australia) then extra checks will be in place.
What?
EES does not change any of the rules around residency or length of stay in France (or any other EU country), so the 90-day limit remains in place for non-residents, while the rules on visas and cartes de séjour remain exactly the same.

What EES is intended to do is tighten up border security, including the enforcement of the 90-day rule for tourists and visitors. It will do this by introducing a new computer system that enables passports to be automatically scanned at the border – checking both biometric details like fingerprints (for extra security) and entry and exit dates to calculate the 90-day limit for each traveller.
It does away with the process of border guards manually stamping passports on every entry and exit from the Schengen zone.

So what does this mean in practice for foreign residents of France?
Anyone with a residency card or long-stay visa is, naturally, not constrained by the 90-day rule – and in order to avoid having their passports stamped, they show both their passport and residency card/visa at the border.
A spokesman for the European Commission told The Local: “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.”
We asked the Interior Ministry for guidance on this, and they told us: “EES only concerns non-EU nationals, without a long-stay or residence permit, who are paying a private or tourist visit for less than 90 days.
“Non-EU citizens holding a residence permit (titre de séjour) or a long-stay visa are not eligible for EES.
“These persons must present their residence permit or long-stay visa, as at present, when crossing the border. The control procedures do not change for these categories of travellers.”
Unfortunately, the new automated passport controls can only read passports, there is no option to also show a visa or residency card.
Residents of France, therefore, will have to avoid the automated gates and instead go to manned passport control booths, in order to be able to show their residency documents and avoid starting the 90-day ‘clock’.

When?
EES is set to come into effect in May 2023. It has been postponed several times before, mostly due to the pandemic, but the European Commission says it is current due to take effect in May.

What happens if I use the automated passport gate by mistake?
As we mentioned, EES does not change the rules around length of stay it only tightens up enforcement of them.
If you swipe your passport through an EES gate, this starts off the 90-day ‘clock’ ticking, so that the next time you exit the Schengen zone, your passport will likely show you as having over-stayed your 90-day limit.
This is basically the same as what happens at present if a border guard stamps your passport in error when you enter the country.
The over-riding principle is that a residency permit will always trump a passport stamp – so you are not in danger of losing your residency status or being deported if you end up with either a manual passport stamp or an EES clock. As long as you can show a valid residency card or visa, that guarantees your right to stay in France.
However, what is likely to happen is that your passport will be flagged as over-staying when you leave the country, and you will have to find a border guard and explain the situation to them – depending on passenger volumes this could take some time so you’re looking at delays and lengthy explanations at the border.
In short, it will be a hassle rather than a disaster, but it could be time-consuming to explain and in the worst cases could see you missing your flight/train/ferry.

ETIAS
The second change due to come into effect in 2023 is ETIAS, and this is currently due to start from November.

What?
This is a change to anyone covered by the 90-day rule. Citizens of many non-EU countries including the UK, the USA, Canada, Australia and New Zealand can spend up to 90 days in every 180 in the EU or Schengen zone without needing a visa – the so-called ’90 day rule’.
This is set to change – people are still entitled to spend up to 90 days in every 180, but the process will no-longer be completely admin free. Instead, travellers will have to fill out an online application before they travel.
Once issued, the authorisation lasts for three years, so frequent travellers do not need to complete a new application every time but it must be renewed every three years.
Each application costs €7, but is free for under 18s and over 70s.
For anyone who has travelled to the USA recently, the system is essentially similar to the ESTA visa required for short stays.

Who?
This only applies to tourists and visitors to the EU, not non-EU citizens who live here.
Residents of France will show their visa or residency card at the border, instead of the ETIAS visa, exactly as they do at present.
 

Koeketiene

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And...


EXPLAINED: What the EU’s new EES system means for travel to France

From biometric checks to the 90-day rule, cartes de séjour and visas - the European Commission and the French Interior Ministry have explained to The Local what the EU's new EES system means for people travelling in and out of France.

You might have seen some rather dramatic headlines about the EU ‘harvesting biometric data’ – so here’s what the EU’s new Entry and Exit System (EES) – due to come into effect next year – actually means if you are travelling in and out of France.

The system has been in the works since 2013 and is due to come into effect in May 2023 – although it has been postponed several times before.

It has four stated aims – to improve and modernise border systems; to reinforce security and aid the fight against crime and terrorism; to help EU member states deal with increasing traveller numbers without having to increase the numbers of border staff; and to systematically identify over stayers within the Schengen area [ie people who have stayed longer than their visa or 90-day limit allowance].

The system doesn’t actually change any of the EU’s rules about travel, length of stay etc, but it will make enforcing them easier.

Where?

The EES is for EU external borders – so if you are travelling between France and Germany nothing will change but if you are entering France from a non-EU country (including the UK) the new system comes into play.

Who?

It applies to all non-EU citizens. Dual-nationals are exempt if they are travelling on their EU passport.

When?

The current start date is May 2023.

What?

Basically the EES changes how passports are checked at the border.

The first change is the addition of biometric data – in addition to the current details in your passport (name, DOB etc) the system will also record facial images and fingerprints of all passengers – so it will be similar to going to the USA, where foreign arrivals already have to provide fingerprints.

The second change is through recording onto the system complete details of entry and exit dates; how much of their 90-day limit (if applicable) people have used and whether they have previously been refused entry (see below for full details on the 90 day rules).

Exactly how this applies varies slightly depending on your circumstances.

Tourists – this is the most straightforward category and the one that will apply to the majority of travellers. For tourists or those coming for a short visit little will change apart from having to give fingerprints when they enter. They will also be told how long they can stay in the Schengen area – for visitors from non-Schengen-visa countries like the UK, USA, Canada and Australia this will be 90 days, easily long enough for most holidaymakers.

Second-home owners and other regular visitors without a visa – if you’re a regular visitor to France from a non-EU country you will already know about the 90-day rule.

The rule itself doesn’t change, but one of the stated aims of the new system is to catch overstayers, so anyone hoping to ‘slip under the radar’ with regards to the 90-day limit should forget that idea.

Instead of the current and rather inconsistent system of passport-stamping, each entry and exit to the EU is automatically logged on the system, so that border guards can see how long you have spent in the Schengen area in the preceding 180 days, and whether you have overstayed your limit.

Residents in France – if you are a citizen of a non-EU country but have residency in France then you are not constrained by the 90-day rule. Under the current system you show your visa or carte de séjour at the border and the border official should refrain from stamping your passport.
The automated system does away with passport stamping – which has become a headache for residents since it is inconsistently applied in some countries.

However at this stage it appears that there is no way to link a visa or residency card to a passport for automatic scanning.

The European Commission told The Local: “Non-EU nationals holders of residence permits are not in the scope of the Entry/Exit System and ETIAS. 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.”

We also asked the French Interior Ministry – who are in charge of operating border controls in France – and they told us: “EES only concerns non-European nationals, without a long-stay visa or residence permit, who are making private or tourist visits for periods of less than 90 days”.
In other words – EES does not concern people who are residents in France or have a long-stay visa.

The Interior Ministry spokesman continued: “People with a titre de séjour residency permit or long-stay visa must present these documents at the border. The control process does not change these categories of travellers.”

What this means in practice is that people with a visa or residency permit cannot use the automated passport gates, and must instead go to a manned booth so that they can show both their passport and residency card/visa. This is likely to mean extra waiting times at busy periods.

Second-home owners and frequent visitors with a visa – some people who make frequent trips to France but do not live here – especially second-home owners – have obtained a visitor visa in order to avoid the constraints of the 90-day rule.

As with residents, anyone who has a visa must show it at the border in order to avoid starting the 90-day clock, and that means that visa holders cannot use the automated passport gates – as outlined above.

The Commison spokesman said: “If you are a non-EU national travelling for a short stay (maximum 90 days in any 180-day period) to a European country using the EES and if you hold a valid visa for your intended purpose of stay then you should present the valid passport and valid visa when crossing the border. Your stay is limited to the number of days authorised by your short stay visa.”

So how will this actually work in practice?

If you’re a tourist or short-stay visitor and you’re travelling by air or the Eurostar you probably won’t notice much difference since many airports already have automated passport gates in place for certain travellers. In fact, the Commission says this system will be faster than the current system in place for non-EU arrivals.

If you are a French resident, you need to remember to avoid the automated passport gates and choose a manned booth so that you can show your residency card or visa along with your passport.

The Commision told us: “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.”

However things are less clear for people travelling by car – by ferry or Eurotunnel – from the UK. At present the system is set up so that groups such as families travelling by car can enter their passport information online before travelling, and then simply hand over passports for stamping while staying in the car.

The EES system would require all passengers to get out of the car and have their passports and faces scanned, and scan fingerprints, which would obviously take longer. UK Channel ports have already seen long queues at peak times since Brexit, and a more complicated system would make these bottlenecks even worse.

The bosses of both the Port of Dover and the Eurostar have raised the alarm about an increase in waiting times.

The EES affects only the French passport control sites, not the British border checks, and there are three French passport control sites in the UK – at the ports of Dover and Folkestone and at St Pancras station for the Eurostar.

The French Interior Ministry told us that it is “voluntary, not mandatory” for the French to install EES infrastructure at these three places, and discussions are currently ongoing between the British and the French on how to handle this.

The Commission confirmed that decisions on installing new automated systems at the border is a decision for each Member State – so France will have the final say on new arrangements at its border with the UK.

Anything else I need to know about?

Yes, EES is different to ETIAS, which is due to come into effect later in 2023. That won’t affect residents, but will require tourists and those on a short visit to pay €7 for a holiday visa.
 

jamie N

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Is this relevant only to France at the moment, as the French authorities are implementing EU wide regulation on this?
For example, it's not (yet) implemented in Denmark in the same way?
As a thought, is it the thin end of the wedge, as other EU nations introduce us to the same ''freedoms''?
 

Koeketiene

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Is this relevant only to France at the moment, as the French authorities are implementing EU wide regulation on this?
For example, it's not (yet) implemented in Denmark in the same way?
As a thought, is it the thin end of the wedge, as other EU nations introduce us to the same ''freedoms''?

The method and pace of the implementation may vary from country to country.
But my guess is that when the dust has settled, the end result will be pretty much the same EU wide.
 

Seven Spades

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There is something missing here. I am the spouse of an EU citizen and so the 90/180 rule should not apply to me whilst I am either traveling with my wife or traveling to meet my wife. This year I plan to travel to the EU four days in advance to prepare the boat but the clock should stop when she arrives. Do you know what the procedure is for spouses of EU citizens?
 

awol

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There is something missing here. I am the spouse of an EU citizen and so the 90/180 rule should not apply to me whilst I am either traveling with my wife or traveling to meet my wife. This year I plan to travel to the EU four days in advance to prepare the boat but the clock should stop when she arrives. Do you know what the procedure is for spouses of EU citizens?
I'm in the same boat with a French wife - AIUI I can apply for a residents permit from any local Prefecture on the grounds of my marriage - we were married in France and probably need a marriage certificate issued within 3 months and an argument over a UK birth certificate. I'll be trying this next month so wish me luck. Other EU country's rules will probably differ.
 

Seven Spades

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AWOL, you shoudl not need to apply for a residence permit, if you read this document look at page 18(the annex document).

Register of Commission Documents

The issue I have is there is no formal way of proving you are either with or joining your wife and even if you travel together you still go through the EES and so when you leave you will have over stayed but that is allowed but what happens if you try to re-enter alone?
 

awol

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AWOL, you shoudl not need to apply for a residence permit, if you read this document look at page 18(the annex document).

Register of Commission Documents

The issue I have is there is no formal way of proving you are either with or joining your wife and even if you travel together you still go through the EES and so when you leave you will have over stayed but that is allowed but what happens if you try to re-enter alone?
With a residence permit I believe there is no need for the passport stamp either in or out though you are limited to 90/180 in any other EU country.
 

Bouba

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It will be interesting to see when this system is implemented Eu wide, if someone with residency in say France returns from the UK via Holland....will they start the 90 day countdown or get waved through by an official.....because it could mean that residency in one member state could come close (one day) to being a Schengen wide residency
 

Seven Spades

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It looks to me as though all non-EU passport holders are going to be scanned and will "over stay" then they will have to expolain why. If you look atthe document I linked it says the following as an example:-

A Japanese citizen is married with an Estonian citizen and has never come to the EU before. The Japanese citizen accompanies his Estonian spouse to Italy for one month. Just after that month, the Estonian spouse leaves Italy and returns to Japan to work. The Japanese citizen can remain alone for another 90 days (the limit of 90 days in any 180-day applies).

The system cannot know when the spouse left etc. My guess is that if you are the spouse of an EU citizen you will need to keep a copy of their passport with you when traveling and possibly copies of their bording passes just to prove which days that you were in the EU do not count towards your shengen limit.
 

benjenbav

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Seems daft to contrive a system which militates against EU citizens using the automatic gates.

How long will they countenance standing in a line to have a bored official leaf through their papers whilst Brits and Americans skip through the automatic scanners?

Wait, I see a future where there is a very long queue for the one and only automatic gate that’s actually working in the entire airport.
 

st599

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Seems daft to contrive a system which militates against EU citizens using the automatic gates.

How long will they countenance standing in a line to have a bored official leaf through their papers whilst Brits and Americans skip through the automatic scanners?

Wait, I see a future where there is a very long queue for the one and only automatic gate that’s actually working in the entire airport.

EU citizens will go through a passport scanner as today.

Non-EU citizens will use the EES scanner which scan the passports, fingerprints and/or retina. A bit like the USA.

Not sure when ours goes online for entry to the UK - it was delayed.
 
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