{
  "url": "https://openlegislation.uk/eu-regulation-2008-767/article-21",
  "json_url": "https://openlegislation.uk/eu-regulation-2008-767/article-21.json",
  "legislation": "eur/2008/767",
  "legislation_title": "Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2008-767",
  "path": "article/21",
  "kind": "article",
  "number": "21",
  "heading": "Access to data for determining the responsibility for asylum applications",
  "text": "1. For the sole purpose of determining the Member State responsible for examining an asylum application according to Articles 9 and 21 of Regulation (EC) No 343/2003, the competent asylum authorities shall have access to search with the fingerprints of the asylum seeker.\nWhere the fingerprints of the asylum seeker cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in point (4)(a) and/or (c) of Article 9; this search may be carried out in combination with the data referred to in point (4)(b) of Article 9.\n2. If the search with the data listed in paragraph 1 indicates that a visa issued with an expiry date of no more than six months before the date of the asylum application, and/or a visa extended to an expiry date of no more than six months before the date of the asylum application, is recorded in the VIS, the competent asylum authority shall be given access to consult the following data of the application file, and as regards the data listed in point (g) of the spouse and children, pursuant to Article 8(4), for the sole purpose referred to in paragraph 1:\n(a) the application number and the authority that issued or extended the visa, and whether the authority issued it on behalf of another Member State;\n(b) the data taken from the application form referred to in point (4)(a) and (b) of Article 9;\n(c) the type of visa;\n(d) the period of validity of the visa;\n(e) the duration of the intended stay;\n(f) photographs;\n(g) the data referred to in point (4)(a) and (b) of Article 9 of the linked application file(s) on the spouse and children.\n3. The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 21(6) of Regulation (EC) No 343/2003.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "X",
      "label": "X1",
      "text": "Substituted by Corrigendum to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (Official Journal of the European Union L 218 of 13 August 2008)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2008/767/article/21",
    "retrieved_at": "2026-11-01T14:52:07.121208+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}