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I have a permanent residence permit in Sweden and I was deported from Denmark. I have a two-year Schengen entry ban. Can I transit through any Schengen country? Can I travel to Germany with a Schengen entry ban for two years?

JonathanReez
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Stephen daniels
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  • For entry to the other Schengen countries you must fulfill all of the conditions of Article 6(1) (Entry conditions for third-country nationals). With your 2 year ban, you do not fulfill the condition (d) they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry; – Mark Johnson Jan 01 '23 at 05:03
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    Why were you deported ? Are you transiting to Sweden ? – xngtng Jan 01 '23 at 08:31
  • @MarkJohnson "For entry to the other Schengen countries you must fulfill all of the conditions of Article 6(1)": this is incorrect. See Article 6(5). – phoog Jan 01 '23 at 09:42
  • @phoog Article 6(5) applies when third-country nationals who do not fulfil all the conditions laid down in paragraph 1 ... for transit purposes ... unless their names are on the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit; – Mark Johnson Jan 01 '23 at 12:57
  • @phoog The OP cannot travel to Germany with a Schengen ban. The comment is correct. – Mark Johnson Jan 01 '23 at 13:01
  • @MarkJohnson the comment is not correct. The OP can transit through any Schengen country to reach Sweden unless there is a specific instruction to refuse transit through that country, which is information that we do not have. If there is such an instruction, it likely applies to Denmark only. – phoog Jan 01 '23 at 15:06
  • @phoog The OP stated 'two-year Schengen entry ban' and therefore has a ban based on Article 6(1)(d). Article 6(5) applies only for transit purposes so that they may reach the territory of the Member State which issued the residence permit (which you failed to meantion in your first comment) and when the person does not have a ban (which you also failed to meantion in your first comment). Art. 6(5) states 'accompanied by instructions to refuse entry or* transit' (the first portion applies due to 6(1)(d). You are ignoring the or* in your second comment. – Mark Johnson Jan 01 '23 at 20:13
  • Article 6(5) applies for a case of: arriving in Copenhagen (or Oslo) from the United Kingdom and then transit through Denmark (or Norway) to reach Sweden (which issued the residence permit) when the person has no ban. It does not apply in cases when leaving Sweden to transit or stay in other Schengen countries. Article 6(5) does not apply to the OP situation as described in the question. – Mark Johnson Jan 01 '23 at 20:24
  • @MarkJohnson "It does not apply in cases when leaving Sweden to transit ... other Schengen countries." The Schengen Borders Code doesn't mention transit out of the country of residence because it is discussing the conditions for entering the Schengen area. It certainly makes no sense to have a provision allowing someone with a Schengen ban to travel from e.g. Tokyo to Stockholm via Frankfurt but not to make the same trip in reverse. – phoog Jan 01 '23 at 20:55
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    Did you get permanent residence in Sweden before or after the entry ban? What is the reason for the permanent residence? Where are you now? – jcaron Jan 01 '23 at 21:37

2 Answers2

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Can I transit through any Schengen country?

Yes, you can transit through any Schengen country to reach Sweden unless the individual country through which you want to transit has a specific alert prohibiting this. See article 6(5)(a) of the Schengen Borders Code:

third-country nationals who do not fulfil all the conditions laid down in paragraph 1 but who hold a residence permit or a long-stay visa shall be authorised to enter the territory of the other Member States for transit purposes so that they may reach the territory of the Member State which issued the residence permit or the long-stay visa, unless their names are on the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit;

By implication, you ought to be able to transit when leaving Sweden as well, but the code does not say this explicitly.

Can I travel to Germany with a Schengen entry ban for two years?

No.

phoog
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Can I travel to Germany with a Schengen entry ban for two years?

No, based on what you wrote you have an entry ban based on Article 6(1)(d) that applies to all Schengen countries (other than Sweden).

Can I transit through any Schengen country?

No, due the the ban, you cannot leave Sweden to transit or stay in other Schengen countries.

Article 6(5) would apply only for a case of: arriving in Copenhagen (or Oslo) from the United Kingdom and then transit through Denmark (or Norway) to reach Sweden (which issued the residence permit) when the person has no ban.

Article 6 Entry conditions for third-country nationals
1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:
...
(d) they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry;
...
5. By way of derogation from paragraph 1:
(a) third-country nationals who do not fulfil all the conditions laid down in paragraph 1 but who hold a residence permit or a longstay visa shall be authorised to enter the territory of the other Member States for transit purposes so that they may reach the territory of the Member State which issued the residence permit or the long-stay visa, unless their names are on the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit;
...

Mark Johnson
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    There is no basis for concluding that the ban mentioned in the question extends to transit. This is pure speculation on your part. – phoog Jan 01 '23 at 20:51
  • @phoog You are (again) ignoring the or condition: either 'instructions to refuse entry' (which the OP has) or transit. A general entry ban includes transit. – Mark Johnson Jan 01 '23 at 21:02
  • @phoog or is a disjunctive condition: Condition In Law | UpCounsel 2023 A disjunctive condition* is one that provides one or two alternatives to the performance under the contract. Since the OP has a ban (fulfills the first condition) the second option can be ignored. It is your speculation that when someone may not enter* (ban) that they may enter nevertheless. – Mark Johnson Jan 01 '23 at 21:17
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    I am not ignoring the disjunction; you are ignoring the fact that article 6(5)(a) applies if a traveler is on "the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit." There is no reason to think that someone deported from Denmark would be subject to national alerts from any other Schengen country. A national list of alerts is distinct from the SIS. In the absence of such information, the statement "you cannot transit in other Schengen countries" is incorrect. – phoog Jan 02 '23 at 08:45
  • @phoog Until Sweden has informed the OP that they have been removed from the Schengen wide ban, they should assume that it not the case (and add that information to the original question if they have). – Mark Johnson Jan 02 '23 at 09:05
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    The Schengen-wide ban does not preclude transit through other Schengen countries, therefore the statement is incorrect. Transit to Sweden (and by implication from Sweden) is only prohibited where there is a national ban in addition to the Schengen-wide ban. – phoog Jan 02 '23 at 10:01