The European Entry Exit (EES) system is starting on 12 October 2025

Here’s what you need to know as a UK Withdrawal Agreement (WA) beneficiary living in the EU.

Note: this blog focuses on the introduction of EES, and does not cover the new European Travel Information and Authorization System (ETIAS), the EU equivalent of the British visa-waiver scheme, ETA, which won’t be introduced until late 2026.

What is the EES?

It is a border management system for the EU’s external border. Electronic entry/exit systems will register the arrival/departure of all non-EU citizens. Biometric data (finger prints and photos) will be taken of all non-exempt people crossing the border and individual files will be created to provide info on entries and exits to and from the EU.

What is the current status of EES?

EES will start on 12 October 2025. The rollout in Member States will be progressive between then and 9 April 2026. Some border crossings will start to implement EES on 12 October 2025, others will start later. As of 10 April 2026, all external border crossings in the Schengen zone (airports, ferry terminals, road & rail crossings etc.) will operate the EES in full.

What does this mean for UK Withdrawal Agreement beneficiaries living in the Schengen Area?

The Schengen zone consists of all EU Member States except for Cyprus and Ireland. Iceland, Lichtenstein, Norway and Switzerland are also members of Schengen. This means that British citizens who are legally resident in one of these countries should be exempt from registration under the new electronic system. This applies to those with both temporary and permanent residence status.

How do I prove this?

Citizens of any EU member state can travel in and out of the Schengen area by producing an EU passport/national citizen’s identity card of their EU state. Non-EU legal residents of Schengen Member States are also exempt from EES registration, regardless of their nationality as long as they can show the documentation to prove it.

However, the distinction lies in the documents they will need to produce on entry to and exit from the Schengen zone. Non-EU citizens resident in the Schengen zone will need to produce their passport, but they will also need to show proof of residence, in line with Annex 22 of the Schengen handbook. Note, Annex 22 lists a range of residence documents that are accepted as proof of residence for non-EU citizens for all EU countries except Ireland. In practice, this means showing a valid biometric residence card. If you are a UK WA beneficiary, you should have one of these if you live in a so-called constitutive country and had to reapply for your status in 2021.

What if I live in a country where I didn’t have to reapply for my status and/or I don’t have a Withdrawal Agreement card?

If you live in an EU Member State where you had to reapply for your status after Brexit, you should have the biometric WA residence card.

The main issue EES creates is for those who have not obtained the biometric residence card or who were given one but have lost it and not replaced it, had it stolen or it has expired. British WA beneficiaries living in member states that adopted a declaratory system (i.e. where British citizens legally resident before the end of 2020 did not have to make an application by a deadline to acquire WA residence status), who have not applied for a WA residence card or exchanged their original EU residence cards for the WA or another biometric residence card may face problems proving their exempt status. This group may include British citizens in countries like Spain who have retained their original EU certificate of residence, or ‘green certificate’, having not exchanged it for a biometric card, or others such as those living in Germany who never had a residence card as an EU citizen because it was not required, and who have also not applied for a biometric residence card to evidence their WA status because, in declaratory countries, this was optional.

Why should I upgrade to the biometric card?

If you cannot prove your WA/another exempted status you will be entered in the EES and treated like any other British citizen, potentially identifying you as subject to the 90/180 days stay rule. If you stay over 90 days in the Schengen zone you may be flagged as an overstayer. This could create immigration problems for you the next time you leave the Schengen zone.

This means that, for those WA beneficiaries who have retained their original EU residence documents, it is imperative to obtain the biometric residence card in order to travel without problems within the Schengen area and when entering and exiting once the EES system is introduced.

What if I cannot get an appointment to exchange my residence card or I had one but have lost it or it has expired or been stolen?

British in Europe has been raising this issue for over a year with the EU and UK authorities and the EU Commission issued guidance on EES in early October 2025. This states that

“treatment of beneficiaries of the Withdrawal Agreement at the EU borders depends on whether they hold a residence document issued under the Withdrawal Agreement or not (residence documents some EU Member States may still accept as proof of Withdrawal Agreement beneficiary status are not relevant for the EES purposes if they are not issued under the Withdrawal Agreement.”

The guidance goes on to say that WA beneficiaries not holding a residence document issued under the WA will be registered in the EES unless they hold a specific national residence permit. This can be a permit held under another EU or national immigration status e.g. an EU Blue Card or international student visa.

The guidance also says “Beneficiaries of the Withdrawal Agreement not holding a residence document issued under the Withdrawal Agreement can cross the external border, in their capacity as beneficiaries of the Withdrawal Agreement, only if they can provide credible evidence that they have a right of residence in a host Schengen Member State under the Withdrawal Agreement. Such evidence can be provided by any means.” (Our emphasis)

What constitutes ‘credible evidence’?

The Commission guidance states that this could be documents that show that you:

• Exercised free movement rights in your host Member State before 31.12.2020, in particular by presenting the EU residence document issued by that state under the free movement directive: and

• Continue to reside in the host State.

There is no list of acceptable documents provided.

Furthermore, the guidance states that ‘as permission to cross a border is granted after a case-by-case assessment by border guards, there can be no guarantee that such beneficiaries of the Withdrawal Agreement will be successful in convincing border guards that they have a right of residence in a Schengen Member State under the Withdrawal Agreement.’

The guidance goes on to add that:

"In this context, it can be reasonably expected that the evidence to be provided by Withdrawal Agreement beneficiaries who do not hold the correct documents will be much easier to accept for border guards of the host State in which UK nationals reside under the Withdrawal Agreement than for border guards in other Schengen States. For that reason, and in order to avoid administrative problems, UK nationals in the above-described situation are encouraged to travel directly to the host State in which they enjoy a right to reside." (our emphasis)

According to the guidance, Member States cannot insist that only certain specific types of documents will be accepted and others not, although they can ask for specific documents (e.g. a marriage certificate to prove a marriage).

The assessment of whether the person presenting at the border will be done on a case by case basis and “must take into account the circumstances specific to each situation. The border guard can ask relevant questions about the domicile of the person and take the replies to constitute evidence.” (our emphasis)

“In general, continued residence in the host State may be evidenced with documents indicating the address of the person in the host State.”

Stamping of passports

As of 12 October 2025, the situation changes. Before that date stamping of passports for WA beneficiaries who held a valid WA residence document was discouraged but permitted. The guidance now states:

Stamps should be systematically affixed in passports of beneficiaries of the Withdrawal Agreement not holding a residence document issued under the Withdrawal Agreement.

Recommendations

• If you have been granted a Withdrawal Agreement residence card carry it with you when leaving and entering the EU. Be proactive – border guards are not (usually) mind readers and cannot tell if you are a UK WA beneficiary resident in the EU or Bob from Bolton on a long weekend to Bologna - offer your WA card to the border guard along with your passport. If you have lost your card renew it as soon as possible;

• If you have not applied for a Withdrawal Agreement residence card make an appointment to do so. If you cannot get an appointment inform the British embassy in your EU country of residence and make a complaint to the European Commission;

• If you cannot get an appointment make sure you carry your old EU residence card with you (if you have one) and any documents in your name that prove you live in your host state. Present them proactively with your passport at border control;

• If traveling from a third country (e.g. the UK) to your EU host state, please try to travel there directly as a border guard in e.g. Portugal is more likely to recognize a Portuguese-issued pre-2021 EU residence card and accept a utility bill in Portuguese as proof of continued residence than a border guard in Amsterdam or Frankfurt. NOTE, BIE accepts this is not always easy to do but it is the recommendation of the UK Cabinet Office and the European Commission, which indicates they anticipate there are likely to be problems when traveling via a hub without a WA/other recognized biometric card;

• If you don’t have a WA/other biometric card and you are asked for other evidence of your exempt status by a border guard keep calm and courteous – they have discretion as the EC guidance explains to accept or reject what you show them. Be aware that any comments you make could be entered as evidence in your file so keep comments on point and factual;

• If your passport is stamped, don’t argue about it with the border guard, the rules have changed - they have to do it under the new EES system if you don't have a valid WA residence card;

• If the border guard refuses to accept that you are resident in the EU as a WA beneficiary and an EES file is created, ask them for details, preferably in writing, about what you can do to prove your exempt status and remember that you must do this within 90 days. Take a look here for more information

• If you experience problems, feel free to send us an email with details of the border crossing, whether or not you presented a WA card/other evidence and what information you were given. We don’t have the capacity to casework every case but we can pass on information (with your consent) to the UK and EU authorities and flag hotspots. Contact us at info@britishineurope.org

• If you or a family member has any other residence permit then please be proactive and always show it at the Schengen border AND always carry it with you even when travelling internally within the Schengen area. Please note that the requirement to carry a passport and residence permit also applies when travelling internally within Schengen as temporary border controls are being enforced.

More information

Go to Commission guidance documents, scroll down to rules for UK nationals when entering or leaving the Schengen area and click on rules for UK nationals applicable after 12 October 2025 to 9 April 2026.

EU Entry/Exit System (EES)

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Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency. Neither the European Union nor the granting authority can be held responsible for them.