Travelling to the EU? Be prepared for the strict new security system ETIAS (the European Travel Information and Authorisation System)

As of 10 April 2026, the Entry & Exit System ("EES") has come into force. The EES is only a steppingstone that the Member States of the EU intend to use for the purpose of securing their borders. Following up on the EES, the EU intends to implement the ETIAS (European Travel Information and Authorisation System) in the near future. In short, the ETIAS is an e-visa system, comparable to the ESTA in the United States or the ETA in the United Kingdom. 

The expectation is that the ETIAS will come into force in the 4th quarter of 2026. However, the European Union can decide to put off the rollout of the ETIAS until a later date. Once the ETIAS becomes mandatory, short stay visitors from visa free countries (eg. Australia, Canada, Japan, the UK and the USA etc.) must apply for and obtain such an authorisation prior to their trip to Europe. Otherwise, they will be denied entry.  In the following context, we will briefly discuss a plethora of issues related to the ETIAS. For example, which personal data will be collected during the ETIAS application process? How will an ETIAS application be assessed? 

Personal data required

A traveler will be able to apply for an ETIAS on a designated public website or via an app. As part of this application, an applicant will need to provide the authority with certain personal data. These personal data include, but are not limited to, names, nationalities, details of the travel document, home address, contact details (eg. phone number and e-mail address), education background, current occupation, and the Member State of the first intended stay etc. The applicant will select their current occupation from a pre-determined list. Moreover, an applicant needs to answer the following questions:

(a) whether they have been convicted of any criminal offence (eg. corruption and computer related crime etc.) over the previous 10 to 20 years;

(b) whether they have stayed in a specific war or conflict zone over the previous 10 years and the reasons for their stay;

(c) whether they have been the subject of any decision requiring them to leave the territory of a Member State or of any third countries listed in Annex II to Regulation (EC) No 539/2001 or whether they were subject to any return decision issued over the previous 10 years?

These questions may prove to be problematic for passengers who have a "checkered past." For example, the last question applies to the territory of a Member State or of any third countries (whose citizens can come to the EU without a visa). For example, if an American citizen was ordered by the Mexican Government to leave the territory of Mexico 7 years ago, the Mexican removal order can have a negative impact on their ETIAS application. Also, nowadays, the immigration authorities of some EU Member States deal out "return decisions" very quickly. Such a return decision can have a negative impact on an ETIAS application in the future. Also, people who have a criminal record will be identified easily. By EU Regulation 2019/816, the Member States of the EU have decided to establish the ECRIS-TCN (European criminal records information system - third country nationals), in which the Member States shall hold information on previous convictions of third-country ("non-EU") nationals and stateless people. 

Should an applicant answer affirmatively to one of these questions, they will be asked to answer an additional set of predetermined questions. This additional set of questions has been adopted by the European Commission in its Delegated Decision (EU) 2023/2424 of 28 July 2023.

An applicant will be required to pay an application fee of €20. As we have witnessed the other e-visa systems in other countries, it is more likely than not that the ETIAS application fee will be further knocked up in the future. 

Verification by the ETIAS Central System and the ETIAS Central Unit

The information provided by the applicant will be automatically compared to the data in the ETIAS Central System, the Schengen Information System (SIS), the Entry and Exit System (EES), the Visa Information System (VIS), Eurodac, Europol data and Interpol Stolen and Lost Documents (STLD) and Travel Documents Associated with Notices (TDAWN) databases. In particular, the ETIAS Central System will verify, for example, whether the applicant is reported as an overstayer, and whether the applicant is subject to an alert in the SIS etc.

The ETIAS Central Unit shall also verify whether the application data correspond to, for example, certain specific risk indicators, the ETIAS watchlist and the Europol data etc. The ETIAS screening rules shall be an algorithm enabling profiling through the comparison with specific risk indicators pointing to security, illegal immigration or high epidemic risks.

When the automated processing does not report any hit, the ETIAS Central System shall automatically issue a travel authorisation.

One or several hits reported by the automated processing

Where the automated processing does report one or several hits, the application shall be verified by the ETIAS Central Unit. The ETIAS Central Unit will check if a hit is a false hit. If the hit is indeed a false hit, the Central Unit will delete the false hit and issue the travel authorisation. When a hit is not false, the application will be forwarded to the ETIAS National Unit. 

Decision by the ETIAS National Unit

The application shall be processed manually by the ETIAS National Unit of the Member State responsible. The ETIAS National Unit will be responsible for either approving or rejecting the travel authorisation application. Where the applicant is subject to a refusal of entry and stay alert in the SIS or the travel document corresponds to a document reported lost or stolen, the application shall be refused. Where the hit corresponds to another reason, the ETIAS National Unit shall assess the security or illegal immigration risk and decide whether to issue or refuse a travel authorisation. The ETIAS National Unit of the Member State responsible shall individually assess the security, illegal immigration and high epidemic risks in all cases.

The ETIAS National Unit of the Member State can ask an applicant to provide additional evidence. In such circumstances, an applicant will be required to submit the requested documents within 10 days of the receipt of the request. 

In exceptional circumstances, and as a last resort after processing the additional information or documentation,
when serious doubts remain regarding the information or documentation provided by the applicant, the ETIAS National Unit can invite the applicant to an interview at an embassy/consulate. If the nearest embassy/consulate is more than 500 kilometers away from the applicant's place of residence, the ETIAS National Unit shall offer the possibility to conduct the interview by remote means of audio and video communication. Where an applicant fails to attend the interview, the application shall be refused. 

Decision term

An ETIAS application should be decided within 96 hours of submission. However, when the ETIAS National Unit requests additional information or invites the applicant to an interview, the decision term shall be extended.

Where a travel authorisation is issued, the applicant will be notified via e-mail. The applicant will also be reminded that the mere possession of an ETIAS does not confer an automatic right of entry, and that the border authorities may request supporting documents at the frontier to verify fulfilment of the conditions of entry and stay. Where a travel authorisation is refused, the applicant shall be given information on the right to lodge an appeal and the time limit for doing so. Also, an ETIAS authorisation can be annulled or revoked.

Undoubtedly, the implementation of the ETIAS will have an indelible impact on the travel industry, and it may wreak havoc among some passengers too. It may get much harder for certain travelers with adverse records to travel to Europe. 

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Should you have any questions about the ETIAS or other areas of immigration laws, please feel free to book a consultation with us.

Date of publication: 23 April 2026