How an entry ban takes effect across the whole Schengen area through the Schengen Information System (SIS), its present legal basis in the EU SIS Regulations and the consultation procedure.
An entry ban often takes effect across the whole Schengen area through an alert in the Schengen Information System. Answer a few questions for an initial assessment.
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An entry ban issued by Austria as a rule takes effect not only nationally but across the entire Schengen area. This is made possible by an alert for refusal of entry in the Schengen Information System (SIS). All other Schengen states can then refuse entry, not just Austria.
Today the relevant basis lies in the EU SIS Regulations of 2018, which have largely superseded the older Convention Implementing the Schengen Agreement (CISA) in this area. We clarify whether and how an alert has been entered, what effect it has and how it can be challenged.
Where a person is entered in the SIS as an alert for refusal of entry, the entry ban applies in practice across the whole Schengen area. A later entry or a visa application in another member state then regularly fails because of the existing alert.
Where another member state nevertheless wishes to grant a residence permit or a visa to a person entered in the SIS, a consultation procedure with the entering state is provided for. This coordinates whether the alert is maintained. The procedure can be a starting point for a solution in the individual case.
Where the underlying entry ban is lifted, shortened or has expired, the SIS alert must be deleted or corrected accordingly. Those concerned have rights to information, correction and deletion of their data. We enforce these rights vis-à-vis the competent body.
This article provides a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your proceedings are always decisive.
Application to lift or shorten an entry ban under section 60 FPG: timely departure, changed circumstances and the right reasoning towards the BFA.
Return decisions against third-country nationals and residence bans against EU citizens under sections 52 and 67 FPG, with their different standards.
Appeal to the Federal Administrative Court within the four-week deadline, the suspensive effect and the right way to handle the BFA decision.
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
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