Schengen explained: The new EES system and 90/180 rule set to transform travel by 2026

The Schengen agreement and the 90/180 rule for British passport holders are rapidly becoming a concern for all involved in any number of regular visits to Europe, for work or leisure, it may be worth reflecting on how we arrived at this point and what travel to the EU will look like in 2026.

The Schengen system originated as a treaty between a group of five member states in 1985. The Schengen rules have been part of EU law since 1999, when the Treaty of Amsterdam, one of the major amendments to the EU Treaties, entered into force. The agreement created an open border zone among its member countries, allowing citizens to travel freely across most of Europe without passport controls. However, the UK made the deliberate decision to opt out of the Schengen Area from the outset. This was a strategic choice based on the country’s desire to maintain control over its national security and immigration policies.

One of the most significant developments in recent UK history was the decision to leave the European Union in 2016, or Brexit. The decision to exit the EU further solidified the UK’s position on the Schengen Area. During the Brexit negotiations, the UK government made it clear that it would not seek membership in the Schengen Area, even though it had already opted out during its EU membership. Instead, the UK preferred to maintain a system where it could control its own borders independently.

The decision to stay outside the Schengen Area was also tied to the desire to regain control over immigration and have the freedom to negotiate bilateral agreements with other countries outside the EU. As a result, the UK can now independently control its visa policies and immigration controls, further distancing itself from the EU’s open borders framework. However, this also means that UK citizens do not benefit from the free movement provisions of the Schengen Agreement.

From October 12th the EU will begin the phased introduction of the Entry / Exit system (EES), a new digital border control system for non-EU nationals entering the member states for short periods. This system will replace manual passport stamping with a biometric and automated system that records:

· Date and place of entry / exit

· Biometric data (fingerprints and facial images)

· Travel document details

Once UK citizens have been recorded in the system after their first visit, subsequent entry and exit dates will be registered electronically, and any infringements or overstaying during the period will be identified and action taken, which could include turnaround, the system is expected to be fully operational mid-April 2026. In late 2026 the European Travel Information and Authorisation Scheme (ETIAS) will be implemented, this system is similar to the US ESTA system and will allow UK citizens visa free access for stays under 90 in 180 days, longer stays will require a visa.