EU: Migration: overstay caused by COVID-19 pandemic should not be considered illegal, says Commission

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The Commission encourages Member States not to consider as illegal stay in the EU the periods of stay of third-country nationals in a Member State caused by Covid-related measures

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"The Covid-19 crisis brought with it unprecedented travel restrictions. It also impacted the functioning of national authorities issuing visa and residence permits. All Member States took, from March 2020 until the end of the crisis situation, pragmatic decisions at national level and granted extensions of stay either through individual administrative decisions or by means of general legislation or decrees in order to address Covid-19 related overstay of third-country nationals in Member States.

In order to give these national measures “Schengen-wide” effect and thereby avoid problems when third-country nationals enjoying a (Covid-19) extended right to stay, cross internal or external borders or re-apply for legal entry in the future, Member States notified information on the ‘certificates’ or legal presumptions of Covid-19 related temporary extension of stays on their territory. This information is compiled in the present annex (PDF). Member States are encouraged to consult this annex and not to consider as illegal stay in the EU the periods of stay in a Member State covered by the national measures listed therein."

See: EXTENSIONS OF LEGAL STAY RELATED TO COVID-19NATIONAL PRACTICES (pdf)

 

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