1

2 years ago my partner (US and Polish citizen living in the US) entered the EU on a US passport. It was just a one week-trip. On the way back, exit Schengen in Sweden, border officers took her US passport, noticed Poland as a place of birth, and ask about the Polish document.

She showed him her Polish passport, and at this point the officer didn’t even look at the US one, only checked the Polish passport, and didn’t put a Schengen exit stamp in the US passport. So basically she entered Schengen on a US passport and left on the EU one, with only an entry stamp in the US passport.

In the meantime, her US passport expired, so in the new one there's no evidence of the past trip.

Can anyone confirm that there is no electronic record of her entry to Europe 2 years ago? She’s afraid that her US passport was never scanned on the way back, so if there is any record, she’s still in Europe. I know when EES will be introduced, entry/exit will be recorded, but not sure if any record is currently in place (just plain stamps).

1
  • It doesn't matter whether the exit was recorded unless she plans to conceal her Polish nationality. As a citizen of Poland, she has a right of free movement in the EU and in the Schengen area. She can't face any negative consequences for a past overstay because she can't really overstay.
    – phoog
    Jan 24 at 21:48

1 Answer 1

8

No, there’s no record, at least at the scale of the Schengen Area. There may be national systems.

However, this is completely irrelevant: she is a EU citizen, she can enter and exit Europe whenever she wants, she can stay as long as she wants, she can’t overstay in Europe.

Also stamp discrepancies are common for many reasons, including people with multiple passports (of the same or different countries), lost, stolen and expired passports, stamps forgotten or added when they shouldn’t be, missing border personnel and whatnot. Border officers are used to that, and while for non-EU citizens this could be a minor hassle (to explain and possibly justify one hasn’t overstayed), for an EU citizen it is completely irrelevant.

Though of course she would be much better off presenting her EU passport when entering or exiting the Schengen area or other EU country.

5
  • Might be worth to mention that with EES/ETIAS, EU ID/Passport will become mandatory for EU citizens Jan 24 at 15:52
  • @NicolasFormichella Is that the case? What would prevent a dual citizen of using a foreign ID to ask for their ETIAS and then enter? Like some people apparently manage to use foreign passports to apply for an ESTA and enter the US even if they are supposed to use their US passport?
    – jcaron
    Jan 24 at 15:56
  • 1
    The ETIAS application will ask for other nationalities and I would very much assume that you can't file an application if you truthfully answer that you are a national of any EEA country. The ETIAS regulation requires that if a third country national has an ETIAS file and aquires the nationality of an EEA state, the ETIAS file must be deleted 'without delay'. It is most likely a breach of data protection laws to keep an ETIAS file for a national of an EEA country. Jan 24 at 17:13
  • ESTA seems a lot less cut and dry than other countries regarding policies. For ex. the Canadian eTA, if you are a Canadian citizen, AFAIK you are straight up prevented from applying for one Jan 24 at 19:00
  • @NicolasFormichella there was a statement on an ETIAS page a few years ago saying that dual EU/third-country citizens would have to use their EU passports, but it was removed. I think the analysis was that enforcing such a requirement would have a negative impact on the right of free movement for such people.
    – phoog
    Jan 24 at 21:53

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .