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According to the answer here, yes. Can I enter Portugal on the last week of my D visa? (2nd entry)

They will also be able to see in their system (SIS or VIS) that you have a pending residence permit application.

According to the answer here, no. Can airlines prevent me from flying in this complex situation?

Until the EES (Entry Exit System) is rolled out later this year or next year, there are no global systems for those purposes. A non-Portuguese border guard will only rely on what you actually present physically, be it a residence permit, a visa, etc.

One of those answers must be wrong. Which one is it?

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    Regardless of whether the border officer can see the pending application in the system, the existence of the pending application may not authorize the applicant to enter the Schengen area. Typically, renewal applicants are given a receipt that can be used for this purpose, but a receipt given to a first time applicant generally cannot. If the receipt doesn't allow entry, then an applicant seeking entrance without the receipt is in an even worse position. Therefore, even if the answer to "can they confirm" is "yes," the traveler may be unable to enter, especially if it is a first application.
    – phoog
    Commented Mar 16, 2023 at 16:50
  • The SIS only contains alerts and related data according to home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/… and the VIS only contains data about Schengen short-term visas and applications (not national residence permits) according to home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/…
    – jcaron
    Commented Mar 16, 2023 at 20:56

1 Answer 1

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For a visa holder, the VIS system will contain information about the traveller's original visa. The Visa Information System (VIS) regulation does not explicitly state in Chapter IIIa whether the residence permit application must be amended to the traveller's record.

The Schengen Information System (SIS) will not contain information about residence permit applications.

The text shown in the image of the first link is:

Auf Grund Ihres Ersuchens gemäß § 44 Datenschutzgesetz (DSG) wurde Ihre Daten im Schengener Informationssystems der 2. Generation (SIS II -------) abgeglichen und festgestellt dass keine der Auskunftspflicht unterliegenden Daten verwendet werden.
-------
...

  • -------
    Zusammenhang mit einem Aufenthaltstitel, -------
  • -------
    Zusammenhang mit einem Aufenthaltstitel Abfrage, -------

Based on your request in accordance with Section 44 of the Data Protection Act (DSG), your data was compared in the 2nd generation Schengen information system (SIS II -------) and it was determined that no data subject to the obligation to provide information was used.
-------
...

  • -------
    Relationship with a residence permit, -------
  • -------
    Relationship with a residence permit query, -------

Based on the above text, I see no justification for the claim:

They will also be able to see in their system (SIS or VIS) that you have a pending residence permit application.

Based on the text in the image, it is not clear where the 2 records about the residence permit comes from. It could also be from a national database for residence permits.


The second statement about the Entry/Exit System (EES) is correct.

A residence permit application will be treated as an extention of the duration of an authorised stay until the application has been decided and will be added to the record of the traveler in the EES system.

REGULATION (EU) 2017/2226 (establishing an Entry/Exit System (EES))
Article 19(Data to be added where an authorisation for short stay is revoked, annulled or extended)
(1) Where a decision has been taken to revoke or annul an authorisation for short stay or a visa or to extend the duration of an authorised stay or visa, the competent authority that has taken such a decision shall add the following data to the latest relevant entry/exit record:
(a) the status information indicating that the authorisation for short stay or the visa has been revoked or annulled or that the duration of the authorised stay or the visa has been extended;
...
(e) where applicable, the period of the extension of the duration of authorised stay;
(f) where applicable, the new expiry date of the authorised stay or the visa.

(2) Where the duration of authorised stay has been extended in accordance with Article 20(2) of the Convention implementing the Schengen Agreement, the competent authority that extended the authorised stay shall add the data regarding the period of extension of the authorised stay to the latest relevant entry/exit record and, where applicable, an indication that the authorised stay was extended in accordance with point (b) of Article 20(2) of the Convention implementing the Schengen Agreement.

Article 20 Convention implementing the Schengen Agreement
...
2. Paragraph 1 shall not affect each Contracting Party's right to extend beyond three months an alien's stay in its territory in exceptional circumstances or in accordance with a bilateral agreement concluded before the entry into force of this Convention.

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  • This answer seems inconsistent with Ozzy's answer linked in the question. How do you explain Ozzy's experience in light of the legislation? Is the addition of such information to the VIS optional?
    – phoog
    Commented Mar 16, 2023 at 16:52
  • @phoog The German text states that in the SIS II system no information was found where an obligation to provide information exists. Where the 2 records about the residence permits come from are not stated in the portion that are not blacked out. Commented Mar 16, 2023 at 17:07
  • @phoog I saw nothing in the VIS or Visa code regulations about it. It does meantion that the VIS information can be taken into the national databases. So one can only guess about that presently. Commented Mar 16, 2023 at 17:11
  • @phoog The 2 records are probably entries from the national database for residence permits, since a information request made based on national law would also include national databases. Commented Mar 16, 2023 at 18:45

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