EES Rollout Raises Compliance Risks for Non-EEA Nationals Working in the EU

Some companies outside the European Union assume that sending staff to the EU for short assignments is straightforward, particularly if the visit falls within the 90-day Schengen visa-free limit. For example, for British nationals pre-BREXIT, work authorisation was a free-movement right, therefore, the transition has oftentimes led to unknowingly non-compliant practices.

While certain short-term, work-related activities may be permitted for non-visa and non-EEA nationals, on their passport alone, many are not. EU immigration law distinguishes between business travel and operational work, and many activities performed by employees on short trips can legally require work authorisation.

Employment without the correct authorisation can lead to serious consequences, including liability for unpaid social security contributions and other penalties for non-compliance. Particularly in light of the new Entry-Exit System (EES), such practices can be highlighted by border control with simplicity and consistency. It is advised to check that your planned activities in the EU are permitted on a non-EEA passport.

Increased Scrutiny Amid the Entry-Exit System (EES)

The penalties for non-compliance (sending non-EEA worker to the EU without a work permit) remain unchanged, but the Entry-Exit system illuminates what has in some cases become a slight “grey area” within immigration law. Before the introduction of the EES, prohibited business activities went largely untracked. Particularly after BREXIT, the law has been some combination of: not largely known; not largely enforced; and not always complied with.

The rollout of the Entry-Exit System (EES) is set to change that. It began at the turn of the year, and grouped with the rollout of ETIAS (European Travel Information and Authorisation System) planned for late 2026, EES poses a compliance risk for businesses.

So, What Can You Do On a Non-EEA Passport?

Visa-free travel under the Schengen 90-day rule does not allow individuals to carry out operational work in most EU countries. Activities that are generally not permitted without work authorisation include:

• Providing services to EU clients
• Installing or maintaining equipment
• Construction or engineering work
• Managing local staff or operations
• Delivering contracted services on-site
• Working directly for an EU entity

Visa-free entry is normally limited to genuine business visitor activities, such as:

• Attending meetings
• Conferences
• Training sessions
• Contract negotiations
• Trade fairs

Border authorities may question travellers about the purpose of their visit, and individuals who appear to be undertaking unauthorised work may be refused entry. The major issues for multinationals is the liability for future social security payments if employees are found to be “working” and not merely conducting the business activities allowed for visa-free travel to the EU.

What are the Options for Sending Employees on Work Assignments?

One of the EU’s major plans for 2026 and beyond is to create the conditions for improved talent mobility, as they seek to sync a system with greater Schengen harmonisation.

Established Global Mobility Routes

While the system is due some reform, the solution to the problem already lies in the form of the EU’s global mobility routes. These include:

• Posted Worker framework – applies when an employee is temporarily sent by their non-EU employer to deliver services in an EU country, requiring prior posting notification and compliance with host-country labour rules such as minimum wage and working conditions like holiday pay, and health and safety protections.
• Intra-Company Transfer (ICT) – allows multinational companies to transfer managers, specialists or trainees from a non-EU entity to an EU branch or subsidiary under a specific ICT residence/work permit. Salaries must be consistent with similar roles in the local jurisdiction, and some countries require a wage that matches that of the EU Blue Card or other in-country scheme for highly skilled workers. The ICT Permit typically allows a stay of up to 3 years for managers and specialists, and 1 year for trainees. Depending on the permission and the host country, they must have worked for the parent/sending company for 3 to 12 months. In France for example, it is typically 6 months with the group.
• Temporary Agency/Labour Leasing – when a worker is supplied by an agency or labour provider to perform work under the supervision of a host company in another EU country, which is heavily regulated and often requires specific permits or approvals. Agency workers must be paid at the same level as equivalent local workers.

Van der Elst Route

If workers are already posted to an EU country on work authorisation, the Van der Elst route can allow cross-border mobility. A worker can be temporarily posted to another EU country to provide services. Conditions apply including:

• The worker must already hold a valid residence permit in the first EU country
• The sending employer must be established in the EU

Seasonal Workers

The EU Seasonal Workers Directive allows employers in certain industries to hire non-EU nationals for temporary seasonal work. This includes industries such as:

• agriculture and harvesting
• horticulture
• tourism and hospitality
• food processing (in some countries)

Seasonal Worker Permit Eligibility

• The worker must have a seasonal employment contract with an EU employer.
• The work must be temporary and tied to seasonal demand.
• Permits are usually issued for 5–9 months per year depending on the country.
• Workers must leave the EU after the authorised period.
• Workers must receive the national minimum wage in the host country (or the sector collective agreement wage)
• In some countries, employers must arrange suitable accommodation for employees

EU Blue Card/Skilled Workers

The EU Blue Card is the European standard work permit for non-EU highly skilled professionals. Normally it is used by skilled workers in industries like healthcare, tech, IT, science and engineering. It provides a pathway to long-term residence, unlike other temporary work authorisations and visas. To qualify, the applicant must:

• Have a qualifying job offer from an EU employer
• Have a university degree and/or relevant experience in the role
• Be paid the minimum salary threshold. Each country sets a different standard but it is normally 1 – 1.5x the national average salary. In France, for example, it is €59,373 for highly-skilled workers and there is a lower threshold for graduates, tech specialists and employees of new innovative companies, which is €47,498

Compliance for Third Countries Sending Employees to EU

For third-country nationals, including UK, US, Canadian and other non-EU citizens, performing operational activity in an EU Member State may require additional compliance steps, even for short visits. These may include:

• Obtaining a work permit
• Filing a posting notification
• Complying with host-country employment and wage laws

What Non-Compliance Can Cost Your Business

Companies that send staff to the EU without the correct work authorisation may face significant enforcement action.

Backdated Financial Exposure

Authorities may conduct labour inspections and impose retroactive financial obligations.

This can include:

• recalculating unpaid wages
• requiring payment of local minimum wage
• claiming unpaid social security contributions

Immigration Consequences

Immigration authorities may take action against both the worker and the employer.

Potential consequences include:

• refusal of entry at the border
• travel bans for the worker
• blacklisting of the employer
• future visa refusals for business travellers

Administrative Fines

Many EU countries impose fines for illegal employment or failure to file posting notifications.

These penalties are often calculated:

• per worker
• per day of illegal employment

Fines may escalate significantly for repeat breaches.

Operational Consequences

Non-compliance can also disrupt business operations. Authorities may impose measures such as:

• Worksite shutdowns
• Suspension of service delivery
• Exclusion from public procurement contracts
• Public blacklisting in certain Member States

These consequences can have long-term commercial and reputational impacts.

Why EU Worker Compliance Matters

For companies sending staff to the EU, immigration compliance is no longer just an administrative requirement. It is increasingly a regulatory and financial risk issue, particularly as labour inspections and digital border controls become more sophisticated.

Businesses should therefore ensure they understand:

• Which framework applies to each assignment
• Whether work permits or posting notifications are required
• The distinction between business travel and operational work
• Upcoming systems such as ETIAS

Careful planning before sending employees to the EU to work, is vital. Contact IAS immigration lawyers for expert consultation and strategic planning on your global mobility needs.