Updates on British citizens travelling to the EU, and the Temporary Shortage List for Skilled Worker applications

We focus here on two updates - one on travel to the EU and one on the Temporary Shortage List for Skilled Worker applications based on lower skilled roles.

Changes to travel to the EU for British citizens
 
The EU’s Entry/Exit System (EES) is a new digital border system which was originally intended to start as long ago as 2022. After much delay the changes are now happening since 12 October 2025.
 
The EES will apply to British citizens and other non-EU citizens (such as US, Canadian and Australian nationals) who do not require a prior visitor visa to travel to Europe as well as to holders of short-stay visas. It will apply when they travel to the EU (except from Cyprus and Ireland where manual passport border checks will continue), the EEA (Norway, Lichtenstein and Iceland) and Switzerland.
 
Here is some key information about the EES:

• Timing. Although the EES started on 12 October, it will be implemented gradually. Some countries will only have a limited number of border crossing points which are operating the new system. Biometric data (facial image and fingerprints) will not be collected everywhere immediately, and travellers will continue to experience passport stamping as usual until full implementation. Countries need to have fully adopted the EES by 10 April 2026.
   
• Photo and fingerprints. Where and when the EES is adopted, a digital photo and fingerprints will need to be provided at port when making a first journey to the EU/EEA/Switzerland. There is no fee. Kiosks/machines or border officers will scan passports and take the photo and fingerprints. Whilst travellers should not be alarmed by this, they should expect a delay to passing through immigration control. EES checks will normally happen in the country of arrival. But travellers from the Port of Dover, the Eurotunnel at Folkestone and the Eurostar at St Pancras International in London will need to use kiosks to complete the checks before they leave the UK. Only a limited number of travellers will need to do so from 12 October as the system rolls out more in the coming months. Children under 12 will not be fingerprinted, but will be photographed.
   
• Electronic monitoring. The EES will electronically monitor whether travellers go over 90 days in any 180-day period within the EU/EEA/Switzerland area. Once implemented, travellers in the European area will need to be more wary than ever about overstaying the 90 days. Where the maximum stay is exceeded, this can lead to entry bans to the whole of the EU/EEA/Switzerland. Equally, when making a journey it is expected that border control officers will have information about the number of permitted days remaining for each traveller and so they will only be allowed entry for the remaining days.
   
• Validity of registration. The photo and fingerprints should only need to be registered once. On future trips travellers should have a quicker and easier journey because automated systems at border controls will mean manual passport stamping is no longer required. The registration lasts for 3 years or when the holder’s passport expires, whichever is sooner. On expiry re-registration will be required.

The European Travel Information and Authorisation System
 
The EES is separate from the upcoming European Travel Information and Authorisation System (ETIAS) which is expected to start in late 2026 (the exact start date is currently unknown) and cost around Euro 20. It will apply to non-EU/EEA/Swiss nationals who are able to enter the EU visa-free - including British citizens. The ETIAS will mean that affected travellers will need to apply for pre-travel authorisation, in much the same way as the US ESTA and the UK’s Electronic Travel Authorisation scheme.
 
The Temporary Shortage List
 
If someone is sponsored as a Skilled Worker for the first time on or after 22 July 2025 they need to be filling a level 6 (degree level) job. One exception to that is if the job is on the Temporary Shortage List – which includes roles below level 6.
 
The Temporary Shortage List includes many jobs which are useful to sponsors. The current list of jobs is in place until the end of 2026. There are no salary discounts and dependent family members are not allowed.  

Although the Temporary Shortage List was introduced on 22 July, the government asked the Migration Advisory Committee (MAC) to provide advice on its make up.
 
On 9 October the MAC released the first stage of its report. The second stage report is due by July 2026. The first stage report includes the following recommendations (which the government is not obligated to implement but may choose to do so):

• Visa length. The MAC suggests visa lengths of 3-5 years.
   
• Indefinite leave to remain (ILR)/settlement. Recognising the government may decide that time spent by Skilled Workers sponsored for a job on the Temporary Shortage List may not count towards ILR, the MAC suggests limiting the maximum time for visas to 5 years.
   
• Jobs on the list. The MAC has identified 82 jobs which it initially thinks should be considered for remaining on the list – and will report further on that in its second stage report. The final list is expected to include fewer than 82 jobs. Approved jobs may stay on the list for up to 3 years.
   
• Jobs Plans. Jobs on the list need to be in shortage areas which are critical for the UK and aligned with industrial strategy. There must also be robust workforce strategies (now to be known as Jobs Plans) in place for these roles. The Jobs Plans will be developed by the DWP and the Labour Market Evidence Group, with the MAC making a Call for Evidence. Sponsors need to be aware that in the future (likely from 1 January 2027) sponsoring someone for a Temporary Shortage List role will include extra compliance responsibilities around complying with the relevant Jobs Plans – expected to included requirements in relation to training and hiring domestic workers.
   
• English language. The MAC recommends that where an applicant needs to take an English test (because they are not from a majority English speaking country and do not have a degree taught in English), level B1 or above should be the expected level.
   
• Resident Labour Market Test (RLMT). As the underlying theme of the government’s policy is to try to reduce reliance on overseas labour, the MAC considered whether an RLMT should be used for Temporary Shortage List sponsorship. Some sponsors will remember RLMTs involved placing adverts to check whether a suitable domestic resident applies for the job. The MAC members were unable to agree on whether the RLMT should be introduced for Temporary Shortage List roles but it remains a possibility.
   
• Cap/quota. It could be that a limit is placed on the total number of Temporary Shortage List jobs which can be sponsored.

The MAC has also started its stage 2 call for evidence on the 82 roles shortlisted for inclusion.

As and when there is more information we will let you know. In the meantime, sponsors should be aware of the above limitations of Skilled Worker applications based on a Temporary Shortage List role. Those sponsored under the current Temporary Shortage List rules should be aware of potential future changes, including on visa length and ILR, not least because there is no detail on transitional arrangements for when future changes are made following the MAC’s second report next year.
 
In December this year the MAC will also report on salary levels for all Skilled Worker applications, including those based on the Temporary Shortage List.

further information

If you have any questions about the issues raised above or any other immigration matter please contact a member of the immigration team.