PROMISING PRACTICE –
EXTENDING TEMPORARY
STAY
The European Commission
provided guidance on how to deal
with overstay caused by travel
restrictions, including for visawaived third country nationals.
In Luxembourg, the government
foresees an automatic extension of
temporary stay for people currently
staying in Luxembourg with travel
documents that are expiring during
the current movement restrictions.
The status of people who are in the
process of applying for international
protection is also automatically
extended.
Source: Luxembourg, Grand-ducal
decree of 18 March 2020 introducing
a series of measures to combat the
Covid-19 (Règlement grand-ducal du
18 mars 2020 portant introduction
d’une série de mesures dans le cadre
de la lutte contre le Covid-19).
In practice obstacles emerged as the following examples illustrate. In Hungary,
as of 17 March 2020, only Hungarian citizens and EEA nationals holding a
permanent residence card, are allowed to enter the territory.103 Exceptions
can be granted by the police provided that the person concerned undergoes a
medical examination that does not result in the suspicion of COVID-19 infection
and that the person is listed in the registry of the epidemiological authority.104
1.4.2 Closure of EU external borders
Following the outbreak of the COVID-19 pandemic, the majority of EU Member
States introduced restrictions for third-country nationals crossing the EU’s
external border. This created difficulties, leaving many people stranded.
The European Commission clarified that the stay of visa holders present in the
Schengen area who cannot leave may be extended up to a maximum stay of
90 days within a 180 days period. If this period has elapsed it recommended
to Member State to issue a national long-stay visa or a temporary residence
permit.105
To promote a uniform approach to border controls, on 16 March 2020, the
European Commission recommended the temporary restriction – initially for
30 days – of non-essential travel to the EU to prevent the further spread of
COVID-19.106 The European Council supported this approach by a Joint Statement
on 26 March 2020.107 The travel restrictions the Commission suggests allow for
exceptions, for example - for EU nationals and their family members, thirdcountry nationals living in the EU on a long-term basis, healthcare workers
and persons in need of international protection. Suggested measures also
discourage EU citizens and other persons residing in the Schengen area from
traveling outside the EU.
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