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. 23

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