Timeline for Entering Sweden with tourist visa while awaiting "researcher" permit
Current License: CC BY-SA 3.0
14 events
| when toggle format | what | by | license | comment | |
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| Jan 10, 2017 at 22:43 | comment | added | Relaxed | @Tor-EinarJarnbjo Let that to me, then :) | |
| Jan 10, 2017 at 21:53 | comment | added | Tor-Einar Jarnbjo | @Relaxed It is not up to me to judge the logic or lack thereof in the EU regulations and their implementations. With recommended severity, I ment the list of situations in 1987/2006, article 24(2), in which an entry ban in SIS should "particularly" be registered. There is AFAIK no consolidated documentation on when immigration authorities register a national entry ban in SIS, it will also not fit in a comment here, but just to mention one example: Belgium registers national entry bans in SIS only if the person was removed by force or the ban is longer than three years. | |
| Jan 10, 2017 at 20:36 | comment | added | Relaxed | @Tor-EinarJarnbjo It's not mandatory but it's still the logical implication. As explained in the documents you just cited, a "ban" is something that's imposed when someone is staying illegally or otherwise undesirable, not a way to circumvent the Schengen regulation. It does not make sense to impose one while leaving a visa untouched. Also what's the "severity recommended of an alert in SIS"? In reality, it's a mess and every country puts what they want in it (which is precisely why the Commission is seeking to harmonise this). | |
| Jan 10, 2017 at 20:04 | comment | added | Tor-Einar Jarnbjo | @Relaxed It is not mandatory for Schengen states to enter national entry bans in SIS (regulation 1987/2006, article 24) and although it is usually done, exceptions can be and are made, e.g. if a national entry ban is issued because of minor violations not fulfilling the severity recommended for the entry of an alert in SIS. A proposal to modify the regulation, making it mandatory to enter national entry bans in SIS, is currently being discussed: statewatch.org/news/2016/dec/… | |
| Jan 10, 2017 at 18:05 | review | Low quality posts | |||
| Jan 10, 2017 at 18:57 | |||||
| Jan 10, 2017 at 15:41 | comment | added | Relaxed | Issuing an actual ban is theoretically still possible but that would mean recording the person in the relevant databases and ensuring their visas would be cancelled should they present themselves to any Schengen external border (not only Sweden). Sweden surely can't do that for each applicant who happens to hold a valid short-stay visa… And what about people who don't need short-stay visas? | |
| Jan 10, 2017 at 15:40 | comment | added | Relaxed | @Tor-EinarJarnbjo Still difficult to see how that would work or to reconcile it with the logic of the Schengen system. Member states certainly cannot arbitrarily deny entry or decline to recognise the validity of selected Schengen visas outside of the procedures defined in the Schengen borders and visa codes, otherwise the whole thing would be completely empty and those procedures would be close to useless. | |
| Jan 10, 2017 at 15:29 | comment | added | mbaytas | @Tor-EinarJarnbjo the wording there can be interpreted to mean that having applied by itself does not grant one the right to enter. Also, no consequences are specified. I'm looking for official documents or anectodes that clarify and detail the situation. | |
| Jan 10, 2017 at 15:15 | comment | added | phoog | @JonathanReez the strategy of entering Sweden from another Schengen state is deceptive and risky if the applicant is indeed required to remain abroad while the application is pending. If the applicant comes to the attention of the police for any reason, such as being the victim of a crime, the residence permit application could be jeopardized. | |
| Jan 10, 2017 at 15:15 | comment | added | Tor-Einar Jarnbjo | The web site mbaytas links to (official information from the Swedish immigration authorities on residence permits for visiting researchers from non-EU countries) does actually say, without conditions or exceptions, that 'you cannot enter Sweden until the permit has been granted.' I also find this odd, and I do not understand why, but even if Schengen visas are issued based on the authority of the Schengen Visa Code, there is nothing there preventing each member state issuing entry bans to non-EU citizens holding a valid short-term Schengen visa. | |
| Jan 10, 2017 at 14:59 | comment | added | JonathanReez♦ | @mbaytas answer updated | |
| Jan 10, 2017 at 14:59 | history | edited | JonathanReez♦ | CC BY-SA 3.0 |
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| Jan 10, 2017 at 14:55 | comment | added | mbaytas | I forgot to specify that my question is not about being able to enter, but rather, about any effect that entering may have on the pending application. I edited the question for this a moment ago. | |
| Jan 10, 2017 at 14:41 | history | answered | JonathanReez♦ | CC BY-SA 3.0 |