Division 4.6.3.2 Procedure under Article 25(2) of the Schengen Convention

United Kingdom

If a Member State that entered an alert for refusal of entry or stay finds out that the person who is the subject of the alert has been issued a residence permit or long-stay visa, it shall instigate a consultation procedure with the Member State that issued the residence permit or long-stay visa, via the SIRENE Bureaux using an O form. The consultation via SIRENE bureaux using an O form shall also take place if the Member State that issued the residence permit or long-stay visa discovers later that there is an alert for refusal of entry or stay in the SIS on that person^f1.

If a third Member State (i.e. neither the one which granted the residence permit or long-stay visa nor the one which issued the alert) discovers that there is an alert on a third-country national that holds a residence permit or long-stay visa from one of the Member States, it shall notify both the Member State which granted the permit or long-stay visa and the Member State which issued the alert, via SIRENE bureaux using an H form.

If the procedure foreseen under Article 25 of the Schengen Convention entails deleting an alert for refusal of entry or stay, the SIRENE bureaux shall, whilst respecting their national legislation, offer their support if so requested.

Annotations

Footnotes

f1: In the case of alerts for refusal of entry issued for the family members of EU citizens, it is necessary to recall that it is not possible as a matter of routine to consult SIS prior to issuing a residence card for such a person. Article 10 of the Directive 2004/38/EC lists the necessary conditions for acquiring right of residence for more than 3 months in a host Member State by family members of Union citizens who are third-country nationals. This list, which is exhaustive, does not allow for routine consultation of the SIS prior to the issuing of residence cards. Article 27(3) of this Directive specifies that Member States may request, should they consider it essential, information from other MS only regarding any previous police record (so, i.e. not all of the SIS data). Such enquiries shall not be made as a matter of routine.

Notes on Division 4

Footnotes

f1: Third-country nationals for whom an alert has been issued for the purposes of refusing entry (Articles 25 and 96 of the Schengen Convention).