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Does UK record entries in SIS, FRONTEX if a third party national was removed from their country

I understand that UK does have access to SIS and FRONTEX for purpose of identifying visa applicants who have previously been refused entries to Schengen Countries , what I am trying to ascertain is the fact that if a third party national (NON-EU national) was served with a Removal Notice in UK, and the third party national decided to voluntarily depart depart from UK at his own expense, can that third party national apply for a Schenegen Country Visa within a year from his departure from the UK ?

The third party national was served with one year mandatory ban for entering UK illegally which ends in August 2017, cause he paid for his own ticket from UK to his home country.

Will SIS contain a alert for this applicant if he applies for an Schengen country tourist visa?

As per SIS manual the entries are valid for 3 years, while UK's own national law stipulate the ban for 1 year for cases of voluntary departure.

If its ascertained for sure that there is an entry for SIS against the applicant, then he would not bother applying for a Schengen Visa, unless there is a way to overcome this barrier.


How do I know if there is an alert in SIS for this applicant, without applicant actually applying for a Schengen visa?

Obtaining data from UK Home Office under data protection act may be very labour intensive and may ultimately be denied because applicant no longer is in EU.

By alert I specifically mean a record of entry made by UK for the purpose of refusing entry of stay as stipulated below in :-

REGULATION (EC) No 1987/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 December 2006
on the establishment, operation and use of the second generation Schengen Information System (SIS II)

CHAPTER IV

Article 25
Article 26



I understand the nature of this query is complex, I would like to say thanks for reading it advance and would be happy to hear your opinion on this matter

Thank You

Comments

  • edited January 10
    @Greenpoint
    The UK is not a full member of Frontex and is not in the Schengen zone.

    However the Treaty of Amsterdam provides them with access to SIS and Frontex information

    It is mandatory for the UK to inform SIS and vice versa if a person has been in prison for more than one year or are suspected of serious crimes andvterrorism.

    Anything such as a ban is at the discretion of the UK.
    However when you complete your information for your Schengen visa you are not asked if you have ever been refused entry or banned from any other country.

    In my opinion I doubt very much thst the UK will have informed SIS or Frontex.
    They only way to be sure is to apply for a Schengen visa there is no other way.
  • @Alethia Thanks for taking time to reply, I have digged up bit more information on this matter and this is what I have found:-


    1) SIS
    Extract from http://ec.europa.eu/immigration/what-should-i-avoid/how-to-enter-the-eu/crossing-the-eu-borders_en

    The Schengen Information System (SIS)

    The SIS is a shared database of information on individuals and objects of interest to EU countries. Its purpose is to support police and judicial co-operation, manage external border controls and maintain public security. All EU countries can create entries on the database, called "alerts," on missing people, people wanted for extradition or arrest, and people who are needed in relation to criminal cases or public security threats. They can also create alerts on property for seizure or use in criminal proceedings.

    EU countries, excluding Ireland and the United Kingdom, can create alerts for people who are not authorised to enter or stay in the EU.

    When you cross an external border into an EU country (excluding Ireland and the United Kingdom), the immigration authorities will automatically check to see if you are the subject of a SIS alert.


    2) VIS

    The Visa Information System (VIS)

    The VIS is a shared database with information on all people who have applied for short-stay visas to visit or pass through Europe's border-free travel zone, the Schengen area. The VIS allows EU countries to exchange data on short-stay visa requests and decisions on refusal, extension, annulment or withdrawal of visas. When you present your short-stay visa to the border authorities of the first Schengen area country you enter, your details will automatically be cross-checked in this shared database.

    3) EURODAC


    http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:l33081

    Eurodac consists of a Central Unit within the Commission, equipped with a computerised central database for comparing fingerprints, and a system for electronic data transmission between EU countries and the database.

    In the case of asylum applicants, data are kept for ten years unless the individual obtains the citizenship of one of the EU countries, in which case their data must be immediately erased. Data relating to foreign nationals apprehended in connection with an irregular crossing of an external border are kept for two years from the date on which the fingerprints were taken. Data are immediately erased before the end of the two years if the foreign national:
    receives a residence permit;
    has left the territory of the Union;
    has obtained citizenship of an EU country.
    In the case of foreign nationals found illegally present in an EU country, it is possible to check their fingerprints against those in the central database to determine whether the individual had previously lodged an asylum application in another EU country. After the fingerprints have been transmitted for comparison purposes, they are no longer stored in Eurodac.




    4) FRONTEX

    @Alethia already explained


    5) SIRENE

    http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.044.01.0075.01.ENG


    The United Kingdom is taking part in this Decision to the extent that it does not concern the exchange of supplementary information in relation to Articles 24 and 25 of Regulation (EC) No 1987/2006, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and Article 8(2) of Council Decision 2000/365/EC (8).



    So the answer is NO, unlikely the applicant would have a alert in any of the above given database's, this would help eliminate the fear of rejection of anyone applying as a bona-fide traveler to Schengen area




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