How to visit Paris after getting deported for intra-Schengen connection flight?

score:3

Accepted answer

Reason 'C' (shown in the refused entry stamp) means: 'has no valid visa or residence permit'

Does his past deportation stops him from getting Visa on Arrival access to Schengen? Can & should he apply tourist visa as per Schengen Visa Policy?

Your friend was not deported.

See schengen - Have I been deported from Germany? Can l apply for study Visa in UK - Travel Stack Exchange for a sample of a deportation stamp (from Germany) that will also have an exit stamp next to it.

He has since then (4 years) avoided any connecting flights through whole Europe & England.

This was not required at all.

With the Indian passport a normal visa could have been applied for that that would have allowed a domestic Schengen flight (or a normal visit).

Now he has American Passport.
...
(fingerprinted, photos etc);
...
What would be the outcome at border?

With a US passport (for which no visa is required) your friend should have no problem at all since this was not a deportation.

When the Entry/Exit System (EES) is fully in place, it is very likely that the previous event will be noticed since the biometric data (fingerprints and captured facial images) was taken.

As long as the entry conditions are fulfilled, this should have no effect on any future entry.

Upvote:-2

I presume that stamp was in the Indian passport for the first problem trip. On the next trip, he should show the US passport, which does not require a visa for ninety days in Schengen. So no one will see the stamp in the Indian passport. (But as the other answer seems to say, it wouldn't matter if they did.)

Even if the computerized system had been running for the first trip, they would not (probably) be able to recognize that the two different passports were for the same person.

Upvote:6

You were refused entry for not having an appropriate visa or residence permit (letter C on the standard refusal of entry form). You should have also received the standard entry refusal form.

France does not usually issue entry bans for not having sufficient documents. French law provides several grounds for denying entries due to previous administrative or judicial decisions:

  • a judicial ban from the territory: for serious crimes pronounced by a criminal court judge, not applicable if you did not get a court order, and not having sufficient document is not a crime punishable by judicial ban
  • a deportation order: against persons who are illegal in France for exceptional serious reasons (public safety or national security threat), not applicable to you since you did not enter France
  • a ban on returning to French territory: for persons required to leave France (you did not enter France), not applicable in any case since the maximum length is three years
  • a ban on movement on French territory: against European citizens with right of free movement, not applicable to you
  • an administrative ban from the territory: the only thing that is possible for you, although very unlikely since an administrative ban can only be issued for serious threats to public order

In all cases, if you did receive a ban, a written decision must be communicated to you. Given the situation you described and assuming you did not received additional documents, you are unlikely to have been banned by France.

Depending on your risk appetite, to be very certain, you can also request your personal information from the French border guards and the Schengen Information system. But information requests from abroad may be complicated and take a long time which may interfere your travel plans.

Of course, no one can guarantee that you will be allowed to enter, that is the border guard's decision on the day. But if France did not place a ban on you, there is no ground to refuse you just because you were denied entry previously; and in practice, an American passport usually gets few if any questions.

That said, you should be prepared that you may encounter more scrutiny due to previous refusal of entry. So you should judiciously prepare the required documents and proofs of intention and fund (e.g. hotel bookings, return tickets, the mandatory travel insurance conforming to Schengen requirements, bank statements).

As a relatively minor point, Schengen does not practice visas on arrival in general (qualified family members of EU citizens excepted). You either require or do not require a visa depending on your nationality on the travel document.

There is a project to implement a predeparture electronic authorization system (ETIAS) in the near future (despite repeated delays). If it is implemented and enters into force, as a visa-free national, you will need to apply for the electronic authorization ahead of your travel.

Perhaps as an assurance to you, in principle ETIAS should already check if your name is in the list of persons affected by an alert in the Schengen information system.

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