Friday, 29th of May

COMMUNICATION FROM THE COMMISSION

On April 16, 2020 European Commission has adopted guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement in the context of the COVID-19 pandemic. The content of the Communication can be found here: https://ec.europa.eu/info/sites/info/files/guidance-implementation-eu-provisions-asylum-retur-procedures-resettlement.pdf

For background and a summary: https://ec.europa.eu/commission/presscorner/detail/en/ip_20_666

What will happen to non-EU nationals who may be forced to stay in the EU longer than they are authorised to?

  • The guidance COM presented on 30 March makes clear that non-EU travellers who have to stay in the EU longer than they are authorised to because of travel restrictions should not be penalised.
  • For travellers currently present in the Schengen area on a short-stay visa who are compelled to stay longer than their visa allows them to, Member States may extend the visa up to a maximum stay of 90 days in any 180 days.
  • In addition, Member States should issue a long-stay visa or a temporary residence permitto short-stay visa holders and those travelling visa-free who are compelled to stay beyond 90 days in any 180 days.
  • Member States are also encouraged to waive sanctionson non-EU travellers who would be unable to leave in time because of travel restrictions. Overstays linked to travel restrictions should not be taken into account when processing future visa applications.