EU presents new visa strategy

With the presentation of the first comprehensive European visa strategy, the European Commission has sparked another debate on digitalization. The new strategy is inextricably linked to the five-year plan for asylum and migration management and aims to end the patchwork of unilateral national approaches. At its core is the transfer of all short-term visas to a purely digital online platform. This primarily affects visas issued under Regulation (EC) No. 810/2009 ( the Visa Code ). The physical visa stamp in the passport will be replaced by a digital data record , which is intended to increase security against forgery but also raises new questions regarding data protection and the accessibility of the authorities. In parallel, the European Travel Information and Authorisation System (ETIAS) will become mandatory for visa-exempt third-country nationals by the end of 2026. Those who previously could simply board a plane with their passport will now be subject to a pre-screening procedure reminiscent of the US ESTA system. We expressly point out to our clients that this preliminary check is not a mere formality, but an automated security query which, in the event of hits in police databases, can lead directly to rejection.

Biometrics at the border: The Entry/Exit System (EES)

Another crucial component is the Entry/Exit System (EES) , which finally consigns the manual border stamp to the museum. At Germany's external borders, particularly at major hubs like Frankfurt and Munich, kiosk systems are already being installed that capture facial images and fingerprints. This is legally based on Regulation (EU) 2017/2226 . Every entry and exit is recorded down to the second, automating the monitoring of overstays, i.e., exceeding the permitted length of stay. For business travelers and companies, this means that the "90-day rule" is now monitored comprehensively and impartially within a 180-day period. Errors in travel planning, which might previously have gone undetected, now more frequently lead to entry bans and legal consequences in the Schengen Information System (SIS) . We see this as a significant risk for skilled workers who commute between different EU locations and whose stays were previously only checked on a random basis.

Harmonization to combat the skills shortage: A double-edged sword

The German government repeatedly emphasizes the need to reduce barriers for skilled immigrants in order to counteract the drastic shortage of skilled workers. The EU visa strategy promises to accelerate this process by standardizing document requirements, particularly for the EU Blue Card under Section 18g of the German Residence Act . Once the consulates of the member states operate on a common digital platform, the transfer of skilled workers between Paris, Madrid, and Berlin should proceed more smoothly from a legal perspective. However, we urge caution: harmonization does not necessarily mean simplification. National peculiarities will remain. Germany will continue to insist on its specific regulations and the assessment of the comparability of qualifications. The digital platform is merely the vessel; the content – the strict German admission requirements – remains untouched. Companies must therefore urgently adapt their internal HR processes to the new interfaces to avoid digital dead ends.

The burden of digitalization: Challenges for companies

The EU's migration policy agenda is shifting some of the burden of control to the private sector. Airlines like Lufthansa are already integrating ETIAS verification into their check-in processes. For employers , this means they must train their global mobility teams to understand and use the new API interfaces. Simply verifying passport validity is no longer sufficient; digital travel authorization is becoming a business-critical factor. We are concerned that IT integration costs for companies are rising, while legal certainty in the event of system failures or faulty data matching remains unclear. If a highly paid professional is turned away at the border due to a technical error in the EES (Electronic Travel Authorization System), the question of liability immediately arises.

Conclusion: Preparation is the only strategy.

In summary, the first EU visa strategy is a necessary step to bring migration management into the 21st century. Digitalization can increase efficiency and support the influx of skilled workers in the medium term, provided the technical systems function reliably. Nevertheless, the legal hurdles should not be underestimated. The automation of monitoring through EES and ETIAS leaves no room for negligence in travel planning. As a law firm, we advise all companies to audit their internal workflows for employee secondment before the fourth quarter of 2026. Only those who understand the digital rules of tomorrow today will avoid being held back by bureaucratic errors in the global competition for talent. The era of the analog visa is ending – the era of digital vigilance is beginning.