Passport control at Schengen border - Can they confirm I have an existing residence permit application for a Schengen state?

Upvote:2

For a visa holder, the VIS system will contain information about the traveller's original visa. The Visa Information System (VIS) regulation does not explicitly state in Chapter IIIa whether the residence permit application must be amended to the traveller's record.

The Schengen Information System (SIS) will not contain information about residence permit applications.

The text shown in the image of the first link is:

Auf Grund Ihres Ersuchens gemäß § 44 Datenschutzgesetz (DSG) wurde Ihre Daten im Schengener Informationssystems der 2. Generation (SIS II -------) abgeglichen und festgestellt dass keine der Auskunftspflicht unterliegenden Daten verwendet werden.
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  • -------
    Zusammenhang mit einem Aufenthaltstitel, -------
  • -------
    Zusammenhang mit einem Aufenthaltstitel Abfrage, -------

Based on your request in accordance with Section 44 of the Data Protection Act (DSG), your data was compared in the 2nd generation Schengen information system (SIS II -------) and it was determined that no data subject to the obligation to provide information was used.
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  • -------
    Relationship with a residence permit, -------
  • -------
    Relationship with a residence permit query, -------

Based on the above text, I see no justification for the claim:

They will also be able to see in their system (SIS or VIS) that you have a pending residence permit application.

Based on the text in the image, it is not clear where the 2 records about the residence permit comes from. It could also be from a national database for residence permits.

The second statement about the Entry/Exit System (EES) is correct.

A residence permit application will be treated as an extention of the duration of an authorised stay until the application has been decided and will be added to the record of the traveler in the EES system.

REGULATION (EU) 2017/2226 (establishing an Entry/Exit System (EES))
Article 19(Data to be added where an authorisation for short stay is revoked, annulled or extended)
(1) Where a decision has been taken to revoke or annul an authorisation for short stay or a visa or to extend the duration of an authorised stay or visa, the competent authority that has taken such a decision shall add the following data to the latest relevant entry/exit record:
(a) the status information indicating that the authorisation for short stay or the visa has been revoked or annulled or that the duration of the authorised stay or the visa has been extended;
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(e) where applicable, the period of the extension of the duration of authorised stay;
(f) where applicable, the new expiry date of the authorised stay or the visa.

(2) Where the duration of authorised stay has been extended in accordance with Article 20(2) of the Convention implementing the Schengen Agreement, the competent authority that extended the authorised stay shall add the data regarding the period of extension of the authorised stay to the latest relevant entry/exit record and, where applicable, an indication that the authorised stay was extended in accordance with point (b) of Article 20(2) of the Convention implementing the Schengen Agreement.

Article 20 Convention implementing the Schengen Agreement
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2. Paragraph 1 shall not affect each Contracting Party's right to extend beyond three months an alien's stay in its territory in exceptional circumstances or in accordance with a bilateral agreement concluded before the entry into force of this Convention.

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