The launch date of the European Travel Information and Authorization System (ETIAS) has been delayed to 2024, as reflected on the official ETIAS website. The date of entry into operation of ETIAS is not yet known, but it is expected to be announced at the end of 2023, according to the European Commission Migration and Home Affairs.

Since early-2016, the European Union (EU) has been working to modernize EU border management through a system such as ETIAS to avoid bureaucracy and delays for travelers, as well as to improve security. ETIAS was initially expected to go into effect in 2021, which was later delayed until 2023. Now, it is slated to launch in 2024.

Similar to U.S. ESTA, ETIAS travel authorization is an entry requirement for visa-exempt nationals travelling to any of 30 European countries for a short-term stay for up to 90 days within any 180-day period. Citizens of countries that currently have visa-free access to the EU (for short stays for business or tourism) who are not travelling on an EU passport will have to apply for ETIAS travel authorization once the ETIAS becomes operational. Among many others, citizens of the United States and the United Kingdom, as well as citizens of Australia and Canada, will need to register with ETIAS before traveling to the EU. Dual citizens who enter Europe with an EU passport will not need to use ETIAS. ETIAS does not replace Schengen visas for those who need one to enter the Schengen Zone. But those who have Schengen visas will not need ETIAS to enter the Schengen Zone.

ETIAS is designed for short-term stays only and does not eliminate the need for visas or work permits for those planning to work or study in Europe. Upon approval, ETIAS will be linked to a traveler’s passport or other travel document and will be valid for up to three years or until the passport expires, whichever comes first. A new passport will require a new ETIAS travel authorization. Because ETIAS is directly linked to the applicant’s travel document, the traveler must enter and exit the EU with the travel document that was used to register for ETIAS and be in possession of the valid ETIAS authorization during their entire stay. ETIAS will be checked by carriers prior to allowing passengers to board transportation (air, land, and sea) into the EU. An ETIAS approval does not guarantee admission. Upon entry, admission decisions will still be made by border guards.

To apply for ETIAS travel authorization, passengers will be required to complete an online application form that covers a range of biometric-, immigration-, and security-related questions, along with the payment of a fee of €7, or approximately $8.00, for those between the ages of 18 and 70 (the fee is waived for all others). In most cases, the processing of applications should take just a few minutes, but individuals are encouraged to apply well in advance of purchasing flights and booking lodging, as the application could be delayed if more information is needed for processing. If so, applicants will receive a decision within four days, or up to 14 days if additional information or documentation is needed, or up to 30 days if an interview is required.

The EU website states, “[E]ven if you need to travel urgently, you still have to have a valid ETIAS travel authorization.” With the upcoming Paris 2024 Olympics games, the number of ETIAS applications is expected to be high. Therefore, if anyone anticipates a visit to the EU in 2024, apply for ETIAS as soon as the application system is fully operational. At the moment, ETIAS is not fully operational, and no applications are being accepted.

Jackson Lewis attorneys are available to assist you with visa-free travel questions and will provide updates when the ETIAS launch date is confirmed and the system is operational.

New travel authorization systems are being postponed again in the United States and in Europe: REAL ID until May 7, 2025, and ETIAS (European Travel Information and Authorisation System) until 2024.

During the peak of the COVID-19 pandemic, the Department of Homeland Security (DHS) extended the deadline for REAL ID until May 3, 2023. As this date approached, it became clear the country was still not fully ready. At this point, approximately 53% of the population has REAL ID-compliant documentation. Since more than 40% do not, enforcement regarding domestic flights would cause significant problems.

REAL ID was passed by Congress based on recommendations from the 9/11 Commission. It sets minimum security requirements for the issuance of state driver’s licenses and identification cards. REAL ID documents have a star at the top.

These secure documents will be required for every air traveler 18 or older at airport security checkpoints for domestic travel. Those under 18 must be travelling with an individual who has acceptable documentation. When it is in force, REAL ID-compliant documentation will also be necessary for accessing federal facilities and entering nuclear power plants. Because federal facilities do have the authority to require REAL ID compliance even before May 7, 2025, those without a compliant identification document should check with the facility before planning avisit.

Even when REAL ID is in force, other documents can be substituted or used instead of REAL ID. Those other documents include U.S. passports, DHS trusted traveler cards, U.S permanent residence cards, federally recognized tribal-issued photo IDs, USCIS Employment Authorization Cards, and certain Canadian documents, among others.

In the meantime, Europe has been planning to roll out a program, ETIAS, since 2022, which will be similar to the U.S. Electronic System for Travel Authorization Registration System (ESTA). Once ETIAS is in force, all U.S. citizens travelling to Europe to enter the Schengen Zone will be required to register in advance online. The Schengen Zone consists of 27 members states, including those in the European Union. To register, the individual will need a passport valid for three months beyond the intended stay, an email account, and a credit card or debit card.

ETIAS has been delayed more than once, and it is being delayed again due to staffing issues, technical issues relating to data infrastructure, and the COVID-19 pandemic.

Be on the lookout for Jackson Lewis updates on REAL ID and ETIAS.

Americans traveling to the UK as tourists or business visitors are generally visa-exempt. Starting on Jan. 8, 2025, visa-exempt Americans traveling to the UK will need to use the new Electronic Travel Authorisation (ETA) scheme prior to travel. Americans will be able to apply for ETA starting on Nov. 27, 2024.

Like the U.S. ESTA (Electronic System for Travel Authorization), ETAs are digitally linked to the traveler’s passport, allowing smoother and more secure immigration processing.

Applying for an ETA costs ten pounds. The ETA expires either two years after issuance or when the individual’s passport expires – whichever is earlier. If an individual obtains a new passport, they must apply for new ETA.

 The ETA allows:

  • Multiple entries
  • Stays for no longer than six months

The ETA is being rolled out in phases. It is already in effect for nationals from the Gulf States. On Jan. 8, 2025, approximately 50 other countries, including the United States, will be added to the list. ETA will be rolled out for European countries on April 2, 2025.

The application is online and through the UK ETA app. Every individual who is traveling will need a separate ETA application. It is best to apply early, although applications are usually processed within three working days.

The similar ETIAS program for travel to the European Union has been delayed, but it is expected to go into effect sometime in 2025.

Jackson Lewis attorneys are available to assist and advise you regarding travel abroad and whether a visa may be required.

The Transportation Security Administration (TSA) has proposed delaying enforcement of the REAL ID requirement for passengers of domestic airlines to give travelers two more years to update to REAL ID-compliant identifications. The proposal is open for comments until Oct. 15, 2024.

The REAL ID Act was passed by Congress based on the 9/11 Commission’s recommendations. Full enforcement for domestic air travelers was scheduled to go into effect in May 2025. That date likely will be pushed to 2027.

Under REAL ID security regulations, all passengers 18 years and over on domestic airlines would need a REAL ID-compliant identification to board. Although various documents are REAL ID-compliant, the key document became state-issued REAL ID-compliant driver’s licenses. Approximately 53 percent of the U.S. population had REAL ID-compliant identifications in 2023 when the deadline was pushed to May 2025. As of now, only 56 percent of the population have REAL ID-compliant driver’s licenses. The 2027 deadline likely will be pushed another two years (requiring another rulemaking process), but TSA may take a phased approach.

It appears that many people keep postponing getting REAL ID-compliant licenses because their experience tells them that TSA will keep extending the deadline. To avoid mayhem at airports that could result from full enforcement, TSA likely will propose gradual enforcement starting in May 2025. In the first phase, individuals with non-compliant IDs would be given warnings. Full enforcement would go into effect in 2027.

Other documents that pass the REAL ID test include U.S. passports, DHS trusted traveler cards, U.S. permanent residence cards, federally recognized tribal-issued photo IDs, USCIS Employment Authorization Cards, and certain Canadian documents.

Jackson Lewis attorneys will follow these developments and provide updates as they become available.

The days of spontaneously traveling to Europe on a whim are coming to an end for U.S. citizens. For many years, U.S. citizens have been able to travel to most European countries with only a valid U.S. passport as a travel document. In 2021, the European Schengen Zone will be requiring a registration similar to the U.S. Electronic System for Travel Authorization registration system (ESTA) from U.S. citizens traveling to the Schengen Zone. Currently, the Schengen Zone includes 26 European countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The European Travel Information and Authorization System (ETIAS) will be similar to the U.S. ESTA. All U.S. citizens traveling to Europe to enter the Schengen Zone will be required to register in advance. ETIAS is not a visa application. It does not require a trip to a Consulate. The application is completed online and will require a passport valid for three months beyond the intended stay, an email account and a credit or debit card. The cost will be approximately $8.00. The expectation is that 95% of applicants will be approved for a three-year ETIAS.

There are still almost 100 countries where U.S. citizens will continue, for now, to be able to travel without a visa or any pre-registration. Prior to travel, always check the U.S. State Department website for any entry requirements or country specific travel warnings. Useful tips for everyone, but especially for those traveling with children, also include:

  • Travel with certified birth certificates or raised seal birth certificates for everyone in your party. This is especially important if traveling with minor children because passports carried by children of U.S. citizens do not contain their parents’ names;
  • Passports should be valid for at least six months beyond your intended stay and have several empty pages, as some countries may require this for entry;
  • Bring extra passport photos and cash should those be required for an unexpected on-the-spot visa application (approximately 50 countries require U.S. citizens to obtain a visa on arrival);
  • Carry up-to-date immunization certificates and proof of health insurance; and
  • Check current airline luggage and security policies.

Jackson Lewis attorneys are available to assist you if you have questions about traveling without visas. Happy travels!