Briefing document Visas and free movement: are they compatible?

In order to answer that question, it is Persons benefitting from a visa waiver (or important, first of all, to break down what is exemption), may travel and arrive without understood by the terms “visas” and “free a visa but can, nonetheless, usually expect movement”. to be examined (as to purpose, duration, funds, ticketing etc) upon arrival to What is a visa? assess their eligibility for entry within the prevailing immigration legislation. Whilst visa systems around the world share many similarities, there are also significant In most countries, whether a person is a operational variations. The IOM Glossary visa holder or benefitting from a visa waiver, defines a visa as, an“ endorsement by the the final decision to grant entry generally competent authorities of a State in a passport rests with the border control or immigration or a certificate of identity of a non-national officer. who wishes to enter, leave, or transit the territory of the State that indicates that the The issuance of visas prior to travel offers authority, at the time of issuance, believes the following benefits: the holder to fall within a category of non- • It provides advance passenger nationals who can enter, leave or transit the information (who is arriving and State under the State’s laws” . Wikipedia goes when); on to say, “the possession of a visa is not in • It enables security screening before itself a guarantee of entry into the country travel; that issued it, and a visa can be revoked at • It enables an admissibility any time .” assessment before arrival; • It eliminates the need for potential For many countries, a visa is issued, and removal and detention costs for only issued, before travel, sometimes also those who do not meet the visa known as a pre-travel clearance. Applications conditions; for pre-travel visas are generally made via • It assists carriers in determining, overseas diplomatic missions although, over at check-in, whether a traveler recent years there has been a significant should or should not be allowed increase in on-line visa application systems. to board a plane, ship, train etc Persons who require a pre-travel visa, and to any particular destination, who travel (or attempt to travel) without one effectively operating as the first line can expect to be denied boarding at check-in of border control. or refused entry on arrival.

Peer-to-Peer Exchange Meeting on Visas Briefing document - Visas and Free Movement However, as a result of limited international them are provision of a sticker/ vignette diplomatic representation, some, particularly bearing the word “Visa” and the payment smaller countries, have difficulty in of a fee. The element of immigration control providing a widely accessible, pre-travel visa and the application of entry conditions issuance service which meets the needs of remain the same between the 2 categories. prospective overseas visitors. This leaves those countries with, probably, 5 options: The final option, the introduction of an • Do nothing on-line visa application system, has much • Increase the number of overseas appeal. It delivers the benefits (listed above) diplomatic missions; of a traditional pre-travel visa system but • Grant visa waivers to non-citizens; makes it fully accessible to anyone who • Introduce visas on arrival; has access to the internet and a means of • Introduce an on-line visa application making an electronic payment. system. Free Movement Doing nothing is unlikely to be a viable option since this is a barrier to trade, Free movement, on the other hand, implies commerce and tourism, and increasing the the relaxation or, more probably, the number of overseas missions is prohibitively removal of visa and immigration controls. expensive, that leaves 3 remaining options. However, even without visas, most countries are likely to wish to continue to operate The next two options: some element of border control. If a • The grant of visa waivers to non- country introduces visa free travel to most citizens; or all non-citizens but then still examines • The introduction of visas on arrival; passengers on arrival and endorses are, arguably, the same thing. passports or other travel documents with conditions of entry/ an entry permit, is that If, as is the case in many countries, the final free movement? decision to grant entry rests with the border control or immigration officer and if, again Surely, countries would wish, at minimum, to as is common practice, the border officer satisfy themselves as to the nationality and stamps the passport with an “entry permit” identity of an arriving passenger and to be or similarly named endorsement which sure that that person is the rightful holder defines the duration of the stay and any of a genuine travel document. And, having restrictions (e.g. no entitlement to work), it established the identity and nationality of a brings into question the validity of a visa on traveler, would most countries not also wish arrival. to conduct a security database/ stop-list There are numerous examples of individual check to see whether s/he is of security countries operating parallel systems of interest? So, even without attaching entry “visas on arrival” and “visa waivers” where conditions to each passenger, surely some the only distinguishing features between level of control must still be applied. If so, is

ACP EU Migration Action May 2018 that genuinely free movement. Visas and free movement: are they compatible? The Schengen countries have established a single mutual border where control is So, assuming that most, if not all countries exercised by the first point of entry to the would wish to maintain some degree of Schengen area and all persons, regardless border control, (except perhaps where of nationality, may then move freely across deemed unnecessary by pre-existing bi or borders between Schengen nations. As a multilateral agreements or protocols), then consequence, some inter Schengen land it could be argued that free movement is borders are barely recognisable as such. defined by the passenger experience. If a passenger arrives at a border and passes For EU countries which are not members through with the minimum of inconvenience of Schengen e.g. Ireland, other EU then, with all probability, as far as the citizens (Schengen or otherwise) arriving passenger is concerned, that constitutes internationally are subjected to identity, free movement. nationality and security checks but are free from entry conditions. This process is However, in order to facilitate that process, increasingly being delivered by electronic the receiving country will need to have gates (e-Gates). In addition, a longstanding cleared passengers in advance of arrival. bilateral agreement between the UK and Visas can fulfill that role. As already covered Ireland (the Common Travel Area) allows all above, traditional methods of visa issuance citizens, once they have legitimately crossed via diplomatic or consular missions can an Irish or UK border point, to move freely be prohibitively expensive to operate and between the two countries, similar to the seriously inconvenient to travelers from Schengen area. countries where the government of the chosen destination has no permanent So is “free movement”: representation. • the complete absence of any controls; • limited controls (identity, nationality As the world moves inextricably into and security checks); the digital age, the numbers of persons • the creation of common travel areas with access to the internet has increased between member states of an international exponentially and this surely applies even community or union? more so to those who are planning overseas Or is it simply free of charge, expedited travel. Airlines and other carriers now movement across borders where, potentially demand advance passenger information light touch but non-intrusive controls are (basically passport biodata) in advance operated in the background? of check-in. Online electronic travel authorisations (ETAs - for pure security checks) or on-line visa applications (which include admissibility assessments) provide the receiving authority with sufficient

Peer-to-Peer Exchange Meeting on Visas Briefing document - Visas and Free Movement passenger information to “pre-clear” impending arrivals. Further ‘freedom’, if deemed appropriate, may be operated on a nationality or visa category basis by waiving the fee. Alternatively, once established, visa systems are cheap to operate and e-visa fees can easily off-set the running costs and, potentially, help to fund other initiatives such as e-Gates.

In conclusion

It is submitted that, whilst many governments and NSAs are perfectly and understandably content with their comprehension of ‘simple’ terms such as visas or free movement it is well worth bearing in mind that others may interpret these terms differently. As a consequence, failure to recognize this, can and does lead to difficulties in implementing visa and free movement agreements and protocols. Agreed, common international definitions would be highly desirable.

ACP EU Migration Action May 2018