The transformation of mobility in Europe: Key legal insights
by Feliza Bahamonde Wormull
Major reforms are reshaping mobility in Europe, directly affecting how non-EU nationals enter, stay, and apply for visas or residency. Over the coming years, the EU will introduce new border management systems and mobility frameworks that legal advisors and clients must understand.
Schengen Entry/Exit System (EES) – 12 October 2025
The Entry/Exit System (EES) will replace passport stamps with a biometric digital process across 29 Schengen countries. Fingerprints and facial scans will be taken at automated kiosks during a six-month rollout.
Implications for clients:
- The EES creates an exact digital record of entries/exits, enforcing the 90/180-day rule.
- Any overstay is automatically flagged, potentially jeopardising visa or residency applications.
- Applicants must consider biometric registration when preparing documentation.
Spain Note: Spain allows in-country applications for visas such as the Digital Nomad Visa or Highly Qualified Professional Visa, but only if the applicant remains in legal status. Precise calculation of Schengen days is therefore critical.
ETIAS – expected late 2026
The European Travel Information and Authorisation System (ETIAS) will become mandatory from over 50 visa-exempt countries, including the US and Canada, to enter the Schengen Area for short stays.
- Fee: EUR 20
- Validity: Three years or until passport expiry.
- Requirement: Must be obtained online before travel.
UK-EU Youth Mobility Scheme (YMS)
The UK and the EU are developing a Youth Mobility Scheme (YMS) to allow young adults from both territories to live, work, and study in each other's regions for a limited period, expected to be around two years. If adopted, it will create valuable opportunities for young professionals.
Initiative | Timeline for implementation | Impact |
EES | Oct 2025 to Apr 2026 | Biometric border tracking; strict 90/180 rule |
ETIAS | Late 2026 | Mandatory pre-travel authorisation for visa-free nationals |
UK-EU YMS | Pending | Temporary mobility for 18–30 year-olds |
Closing insights for advisors
These measures represent one of the most significant transformations in EU mobility in decades. For legal advisors, early preparation is essential: monitoring Schengen days, anticipating biometric requirements, and aligning strategies with the new systems will be decisive in ensuring compliance and securing successful outcomes for clients.
Feliza Bahamonde is the Managing Partner at Visa and Go. She studied law at the Universidad Católica, Chile and at the Universidad Internacional de La Rioja, Spain. She also holds a Master’s in Digital Law and New Technologies from the University of Salamanca, Spain. She's Global Chair of the GGI Global Mobility Solutions Practice Group.