Immigration updates – 17th of October

Contributor(s): Daniel King
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    European Union

    EU delays launch of Exit/Entry System

    At a meeting of EU interior ministers on 10 October, Home Affairs Commissioner Ylva Johansson announced that the planned 10 November 2024 launch date for the Entry/Exit System (EES) is no longer on the table.

    The commissioner noted that France, Germany and the Netherlands have declared that they are not ready and that the EU could introduce the new system in a phased-in manner. No new timeline has been announced so far.

    The Council adopted the regulation for the EES in November 2017. EES will electronically register the time and place of entry and exit of third-country (non-EU) nationals and calculate the duration of their authorized stay. It will replace the obligation to stamp the passports of third-country nationals which is applicable to all Member States.

    Proposal for new digital travel app

    On 8 October 2024, the European Commission adopted two proposals to digitalize passports and identity cards, also called ‘EU Digital Travel application’, for individuals travelling to and from the Schengen area.

    Both EU citizens and non-EU citizens are subject to systematic checks when crossing the EU’s external borders. Currently, these checks are made physically at the border crossing point, with almost 600 million crossings recorded in 2023 alone.

    The Commission is therefore proposing a common framework for the use of digital travel credentials and a new ‘EU Digital Travel application, for travellers to create and store their digital travel credentials. The new rules will make traveling to and within the Schengen area easier and more secure.

    Digital passports and ID cards

    Digital travel credentials are a digital version of the data stored on passports and identity cards. The data includes information contained in the chip of the passport or ID card, including the facial image of the holder, but not fingerprint. A digital travel document can be stored on a mobile phone. It will be completely voluntary for travellers to ask for or use this digital version of their documents, free of charge.

    This will:

    • Allow smoother and faster border crossings for travellers: Both EU and non-EU citizens will be able to submit their digital passports or ID cards ahead of the journey, for an advance border check, when travelling to or from the EU.
    • Facilitate freedom of movement and reduce administrative burdens for EU citizens: Member States may allow EU citizens to use digital identity cards for registration and identification. For example, they could be used for registration with national authorities when taking up residence in another Member State, or to facilitate access to electronic identification schemes.
    • Improve the efficiency of border controls: Border management authorities will be able to focus their time and resources on detecting cross-border criminals and migrant smuggling thanks to advance checks made possible by digital travel credentials.
    • Improve the security of the Schengen area: Digital travel credentials will make it easier for authorities verify the authenticity and integrity of travel documents, making it harder for fraudsters to use fake documents or pass through borders undetected.

    The EU Digital Travel application

    The EU Digital Travel application will be developed by the Commission, with the support of eu-LISA, and deployed at EU level. The application will be available for all EU and non-EU citizens with a biometric passport or EU identity card travelling to or from the Schengen Area.

    Thanks to the EU Digital Travel application, travellers will be able to:

    • Create digital travel credentials, using their passports or, in the case of EU citizens, their identity cards.
    • Submit travel plans and documents to the border authorities in advance, reducing waiting times at border crossings since most checks will be completed beforehand.
    • Ensure their data is protected: The application requires user consent before processing personal data. Additionally, Member States will be required to provide border authorities with comprehensive training on data security and data protection rules before authorizing them to access the data.

    The EU digital travel application will become available as of 2030. This will provide the possibility to store the digital travel credentials in the European Digital identity wallet.

    Next steps

    It is now for the Council and the European Parliament to agree on the proposals. Once adopted, in accordance with the relevant procedures, the EU Digital Travel application and the necessary technical standards will be developed.

    Ireland

    Transfer of responsibility for renewals to ISD

    The Department of Justice has announced that the final transfer of responsibility for renewal of Irish immigration residence permissions for persons residing in all counties nationwide from the Garda National Immigration Bureau (GNIB) to the Registration Office of Immigration Service Delivery (ISD) of the Department of Justice will come into effect on 4 November 2024.

    Effective 4 November 2024, online renewals of permissions from all applicants nationwide should be submitted using the ISD online renewal portal. Applicants will not need to attend the Burgh Quay Registration Office in person to renew an immigration permission, unless it is deemed necessary.

    Applications for online renewal from all counties nationwide can be submitted now. Applicants must upload all of the documents required with their application before submitting it, otherwise the application cannot be processed.

    All applications, nationwide, for renewal of residence permission, including when changing Stamp category, are accepted by the Registration Office up to 12 weeks prior to expiry of a current IRP card to allow sufficient time for processing.

    ISD Online Processing Times

    The Immigration Service website provides a live processing update for online renewal applications being processed. To ensure an equitable service delivery, applications are processed in the order in which they are received.

    Exemption from renewal fees

    Certain applicants for first registration and renewal of residence permission are exempted from payment of the EUR 300 registration fee if they:

    • Have refugee status;
    • Have subsidiary protection status;
    • Have leave to remain under Section 49 of the International Protection Act 2015;
    • Are aged between 16 and 18 years of age;
    • Are resident based on marriage to an Irish citizen;
    • Are a family member of an EU citizen;
    • Are Ukrainian citizens and certain foreign nationals’ resident in Ireland as a Beneficiary of Temporary Protection.

    For first-time registration of residence permission,those who live in Dublin, Meath, Kildare, Wicklow, Cork or Limerick will continue to book an appointment to register at Burgh Quay in Dublin.

    Those who live in any other county should contact their local Garda Immigration Office for details on how to register.

    Renewal delays in Galway

    The Galway immigration office is currently experiencing a very large volume of residence renewal applications, causing significant backlogs, with appointments currently not available before April 2025.

    Immigration Service Delivery (ISD) and the Garda National Immigration Bureau (GNIB) are working towards a solution to address current Galway-based backlogs.

    Interim measure, while backlogs are being addressed, are as follows:

    If an employee’s IRP card has expired and they are unable to obtain a valid registration card by the expiry date of their current IRP card, they are still permitted to remain in Ireland on the existing conditions of their current IRP card, including labour market access. This provision is subject to the employee providing proof that they have applied for and secured an appointment in the Galway immigration office to renew their residence permission prior to their current IRP card expiring, including when intending to change stamp category.

    All appointments in the Galway immigration office are confirmed via email

    Portugal

    Measures to expedite family reunification

    The president of the Agency for Integration, Migration and Asylum (AIMA) announced, in an interview, an increase in vacancies for family reunification processes to expedite the integration of regularized immigrants.

    Immigrants with minor children can now register online to request family reunification appointments, which is expected to lead to uncertainty regarding the number of individuals to be regularized.

    Minors must be proven to be in national territory on the date on which the application is submitted on the platform intended for Family Reunification of Minors.

    Scheduling of appointments for the collection of biometric data will be carried out by order of registration on the platform.

    Form 4 (Term of Responsibility) regarding financial support has been changed and can be consulted here.

    Switzerland / United States

    New agreement on exchange of trainees and young professionals

    On 11 October 2024, Switzerland and the United States signed a new agreement in Bern on the exchange of trainees and young professionals. The agreement will make it easier for young Swiss people to receive training in the US, and for Americans to do the same in Switzerland, for short periods. This new agreement replaces the agreement from 1980.

    The agreement, which will take effect from 30 November 2024, is aimed at young Swiss and American people who are either in training or have a vocational diploma or higher education qualification. People who do not meet these requirements may still be eligible if they have some professional experience. In particular, they must be seeking to complete their studies or to improve their skills in their specialisation.

    For both Swiss and American participants, residence and work permits are issued for up to 12 months, with the possibility of a six-month extension.

    The new agreement makes it easier for young professionals from both countries to obtain visas, and opens up the exchange programme to a wider range of people than under the 1980 agreement. Under the old programme, more than 100 people each year from Switzerland and as many from the United States benefited from an exchange in the 1980s and early 1990s. This number has fallen steadily since the 2000s, mainly because of changes in the requirements for obtaining a US visa.

    Switzerland also has trainee exchange agreements in place with Argentina, Australia, Chile, Canada, Japan, Monaco, New Zealand, the Philippines, Russia, South Africa, Ukraine, Tunisia and Indonesia.

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