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Is Alert on sis system will be deleted automatically

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Bastioni
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Posts: 1


« on: November 17, 2015, 03:06:39 am »

Will be any problems to re- enter Poland after one day of ban expires, will the alert be deleted automatically ? Any body experienced any issue with re-entry for Canadians.

Is it advisable to enter from where the he ban issued after the ban expire , or any other country is fine? And what happen if the alert still on the system what then?

Please advise if any one run to any experiences to share?
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« on: November 17, 2015, 03:06:39 am »

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steven
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Posts: 223


« Reply #1 on: November 23, 2015, 01:52:19 pm »

Will be any problems to re- enter Poland after one day of ban expires, will the alert be deleted automatically ? Any body experienced any issue with re-entry for Canadians.
Is it advisable to enter from where the he ban issued after the ban expire , or any other country is fine? And what happen if the alert still on the system what then?

I am not sure if I understand the situation correctly, and I need more information. You have been issued a ban on entry to Poland, right? For overstaying the visa or for any other reason - in Poland, or in any other Schengen country? When was the ban issued? In general, delegated authorities in all Schengen countries have access to the so called VIS system (Visa Information System) which holds information about your background, including its history. So, mere fact that the ban expired does not mean that all the information about it will disappear. On the other hand, the so called "ne bis in idem" is a basic principle in the judicial system of any modern country and means that no offense shall be punished twice (you can not be punished twice for the same thing). This principle is rooted also into he Schengen Acquis in Title III ("Police and Security"), Chapter 3 ("Application of the ne bis in idem principle", Article 54 as follows:

Quote
A person whose trial has been finally disposed of in one
Contracting Party may not be prosecuted in another Contracting
Party for the same acts provided that, if a penalty has been imposed,
it has been enforced, is actually in the process of being enforced
or can no longer be enforced under the laws of the sentencing
Contracting Party.

The same principle worded similarly is engraved also into the EU Charter of Fundamental Rights, Title VI ("Justice"), Article 50 ("Right not to be tried or punished twice in criminal proceedings for the same criminal offence"):

Quote
No one shall be liable to be tried or punished again in criminal
proceedings for an offence for which he or she has already been finally
acquitted or convicted within the Union in accordance with the law.

So, to make the long story short, your ban shall not have any effect on your future travel, and if it does, than you can use the above mentioned basic principles to back up your rights.
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punkanish
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Posts: 2


« Reply #2 on: November 27, 2015, 11:43:34 am »

Hellow Mod,

I was overstayed in copenhagen for 2 years and given entry ban for 2 years in 2012 august. My penalty period already finished. My entry ban  has been expired. According to lawyer, she said i can come back in 2014 September. But i have doubt in my mind i can get visa or not again to get back copenhagen. Is it easy for me to get visa ??  Does my record still present in the database of VIS. Please help me..


Reply me...
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steven
Full Member
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Posts: 223


« Reply #3 on: December 04, 2015, 03:05:05 pm »

Punkanish, the same that applies to Bastioni applies to you too. Yes, records will stay in the VIS, however, your past shall not have effect on your future travel.
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punkanish
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Posts: 2


« Reply #4 on: December 06, 2015, 08:03:00 am »

Hello steven,

I had written an email to the danish immigration service.

They had replied me saying, If I apply for a visa to visit Denmark for a short period, they will assess the case from my current information and they cannot assess my options before i have submitted an application. 

It means they will look after me only if i proceed my application for visa..

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steven
Full Member
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Posts: 223


« Reply #5 on: December 11, 2015, 08:21:11 am »

They had replied me saying, If I apply for a visa to visit Denmark for a short period, they will assess the case from my current information and they cannot assess my options before i have submitted an application.

Great information, thank you for sharing here.
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