16 March 2020 – update following recent developments

President Trump once again has used executive authority to extend the ban of entry to the US to travelers who have been physically present in the United Kingdom or the Republic of Ireland in the 14-day period prior to entry or attempted entry into the US. The same exceptions (as detailed below) for the previous proclamations remain applicable.

This new proclamation will become effective on 16 March 2020 from 11.59pm EDT (17 March from 03.59am GMT). Travelers whose flight depart before the effective time are not subject to the ban, regardless of the time of arrival. The ban will remain in effect until terminated by the President

13 March 2020

As a reaction to the rapid development and severity of the coronavirus (COVID-19) outbreak, President Trump has used executive authority to ban entry to the United States of immigrants (those intending to enter and reside in the US permanently for the first time) and non-immigrants (those intending to enter and reside in the US on a temporary basis), who have been present in certain high COVID-19 outbreak regions.  US citizens and lawful permanent residents of the US (i.e. green card holders) are not subject to the bans.

The proclamations only apply to those who were physically present in a country subject to the bans in the 14-day period prior to entry or attempted entry into the US subject to certain exceptions. The nationality of the traveller is irrelevant for purposes of the travel bans.

The first proclamation on 31 January 2020 suspended and limited the entry of who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau. On 29 February 2020, a proclamation was issued to extend travel bans to those who were physically present in Iran.

The latest proclamation issued on 11 March 2020 applied to those physically present within the European Schengen area which includes: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

UK and Irish nationals who have not recently travelled to China, Iran or the Schengen area in Europe are not included in any of the COVID-19 travel bans.

The first two proclamations are already in effect. The latest proclamation will become effective on 13 March 2020 from 11.59pm EDT (14 March 2020 from 03.59am GMT). Travelers whose flights depart before the effective time are not subject to the ban, regardless of the time of arrival.  The bans will remain in effect until terminated by the President.

In addition to US citizens and lawful permanent residents, those not subject to the bans include certain spouses, parents, guardians, siblings, and children of US citizens or lawful permanent residents; air or sea crew; diplomats, members of the U.S. armed forces and immediate family members, and those travelling at the invitation of the US government for a purpose related to containment or mitigation of the virus.  The bans also provide exceptions for certain individuals whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, those whose entry would further important US law enforcement objectives and those whose entry would be in the national interest, although there is no specific guidance on how these determinations are made.

If you have any queries relating to the travel ban, or any other UK or US immigration queries relating to the coronavirus outbreak, please contact a member of the team at Laura Devine Immigration or email enquiries@lauradevine.com.