The European Union has begun implementing the biometric Entry/Exit System (EES), a new automated system designed to register the entry and exit of third-country nationals at the external borders of the Schengen Area. The system replaces traditional passport stamping and aims to enhance security and ensure stricter compliance with immigration rules.

The most significant change is the full enforcement of the 90-day stay within any 180-day period, fundamentally transforming the rules for non-EU nationals and creating new challenges for businesses.

What is the Entry/Exit System (EES) and how does it work?

As of 12 October 2025, EES has started to be introduced at the external borders of the Schengen Area and is expected to become fully operational by April 2026.

EES is a centralized, automated database that collects information on third-country nationals. Upon first entry, the system records:

• personal data,
• travel document details,
• biometric data (facial image and fingerprints).

Each subsequent entry and exit is automatically logged, enabling precise calculation of the duration of stay.

The 90-day Schengen rule – no more “resetting” stays

The key consequence of EES is the elimination of informal ways of resetting the 90-day limit through short trips outside the Schengen Area. Every day spent in Schengen will be counted cumulatively, regardless of the country of entry.

These changes will particularly affect nationals of countries previously covered by bilateral agreements with more flexible rules, such as:

• the United States,
• Israel,
• Japan,
• South Korea.

In practice, these arrangements will be significantly restricted.

Furthermore, extending a short-term stay will only be possible if explicitly allowed under a bilateral visa waiver agreement. For example, agreements with the US and Japan do not provide for such extensions, meaning that stays exceeding 90 days will require appropriate residence permits.

Impact of EES on businesses

For companies employing non-EU specialists, EES introduces new risks and compliance obligations.

The most affected groups include:

• foreign specialists regularly traveling to the EU for business purposes without formal employment in Poland,
• employees awaiting decisions on temporary residence permits.

The increased risk of exceeding the permitted stay and being denied entry may significantly disrupt operations and harm business continuity.

How companies should prepare for EES

To mitigate risks, HR departments should:

• implement internal procedures to monitor days of stay,
• maintain accurate records of entries and exits,
• plan residence permits or national visas well in advance.

The implementation of EES marks the definitive end of flexible interpretations of Schengen stay rules. Companies must act now to ensure compliance and protect their operations in the new digital border control environment.