15

A recent question was asking what would happen if one attempted to exit the Schengen area with an invalidated residency permit. In that particular situation the person in question was a citizen of an Annex II country, so it was legal for her to stay past the expiration date.

However what would happen if a non-Annex II individual attempted to enter/leave the Schengen area with a residency permit that looked valid, but was actually invalidated back in the issuing country? Is there a centralized database of permits that the border guards could look up?

Obviously the issuing country will have access to that information, but what about other members of the Schengen area? Note that since this question is about short-term trips on an invalid residency permit, it doesn't belong to Expats.

P.S. Before you claim fraud, note that residency permits can be revoked without the holder even being aware (see linked question for an example) and therefore some people might try to enter the Schengen without even knowing their permit is no longer valid.

  • Are residency permits included in the Visa Information System (VIS)? – Giorgio Nov 3 '16 at 14:01
  • @Dorothy it is supposed to be for short-term visas, but it's unclear if it includes long-term permits – JonathanReez Nov 3 '16 at 14:05
  • 3
    @Dorothy in the context of the Schengen system, "short term" means 90 days or fewer, and really denotes C visas as opposed to D visas and residence permits. According to ec.europa.eu/dgs/home-affairs/what-we-do/policies/…, the VIS "processes data and decisions relating to applications for short-stay visas to visit, or to transit through, the Schengen Area." That seems explicitly to exclude D visas and residence permits. – phoog Nov 3 '16 at 16:05
  • @Dorothy "Are residency permits included in the Visa Information System (VIS)?" No they aren't, see my answer – Crazydre Nov 18 '16 at 2:12
  • @Crazydre thx; I'll delete my comment to keep it clean; and have you seen JonathanReez question on SE Expat; might you have insight? – Giorgio Nov 18 '16 at 3:02
3
+100

VIS is a Schengen-wide database, and as such concerns uniform Schengen visas (USV for shot), i.e. airport transit and short-stay (A or C) visas.

Long-stay (D) visas and residence Permits are issued under the regulations of the issuing Schengen State, and not under USV regulations. As such, they are not covered by VIS.

The fact that VIS only applies to USV visas is indirectly stated on this site

VIS connects consulates in non-EU countries and all external border crossing points of Schengen States. It processes data and decisions relating to applications for short-stay visas to visit, or to transit through, the Schengen Area

Consequently, Schengen states other than the issuing one would not be able to directly look up the status of the residence permit, unless the permit itself electronically contains such information (which I do not know if it does). However, if the person is flagged in SIS for some reason, they could contact the authorities of the issuing state and check it out.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.