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What Could the New EU Travel Authorisation Mean for UK Nationals Post Brexit?

On the 25th of April 2018, EU ambassadors confirmed an agreement reached between the Council Presidency and the European Parliament representatives on the proposal for a European travel information and authorisation system (ETIAS).

The regulation will be submitted to the European Parliament for a vote at first reading, and subsequently to the Council for adoption.

ETIAS will allow for advance checks and, if necessary, deny travel authorisation to visa-exempt third-country nationals travelling to the Schengen area. It will help improve internal security, prevent illegal immigration, protect public health and reduce delays at the borders by identifying persons who may pose a risk in one of these areas before they arrive at the external borders.

Functioning of the system

The system will apply to visa-exempt third country nationals. They will need to obtain a travel authorisation before their trip, via an online application. For each application, the applicant will be required to pay a travel authorisation fee of 7 euros.

The information submitted in each application will be automatically processed against EU and relevant Interpol databases to determine whether there are grounds to refuse a travel authorisation. If no hits or elements requiring further analysis are identified, the travel authorisation will be issued automatically and quickly. This is expected to be the case for most applications.

If there is a hit or an element requiring analysis, the application will be handled manually by the competent authorities. In this case, the ETIAS central unit will first check that the data recorded in the application file corresponds to the data triggering a hit. When it does or where doubts remain, the application will be processed manually by the ETIAS national unit of the responsible member state. The issuing or refusal of an application which has triggered a hit will take place no later than 96 hours after the application is submitted or, if additional information has been requested, 96 hours after this information has been received.

Before boarding, air carriers and sea carriers will need to check whether third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation. From three years after the entry into operations of ETIAS this obligation will also apply to international carriers transporting groups overland by coach.

The travel authorisation will not provide an automatic right of entry or stay; it is the border guard who will take the final decision.

A travel authorisation will be valid for three years or until the end of validity of the travel document registered during application, whichever comes first.

Of course, whether UK Nationals (not resident in a EU member state) will have to comply with this regulation depends on whether post Brexit the UK will be considered as a ´third´ country like presently all non-EU countries are in EU regulations, or will be able to negotiate a special status including exemption to obligation to comply with this specific one.

CAB Spain will continue to keep members informed if and when further facts become known.

With thanks to the European Council website for this information.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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