Border control and Schengen permit

[luv2tr4v3l]

Hi, i have a query regarding border control. I have a permanent German Residence Permit and a Stamp 4EUFam GNIB Card. Last month, we went to Portugal and at Faro Airport, it took a while for me to go through immigration. I presented my German residence permit and the officer typed something in the computer, looked at my passport,typed again and so on.He asked if it was my husband and son standing beside me. I said yes and there were no further questions. I was about to present my GNIB Card to maybe speed up the process but then he finally stamped my passport. We observed that he was a bit confused about the whole thing.

My question is do schengen countries have a database where they can access the records of valid residence permit holders in each country? Would they just scan the permit and get the info whether its valid or not. Would they take the permit at face value? My worry is if i have to travel without my husband and they might refuse entry and i cant use my 4EUFam-stamped Card.


Many thanks!

[EUsmileWEallsmile]

These are great questions. You might have been better posting them in the European forum.

You have an article 10 residence card. Your passport should not have been stamped.

[EUsmileWEallsmile]

Please see thread on European forum.

http://www.immigrationboards.com/viewtopic.php?t=98029

Who did you fly with? Any problems, please feel free to post your experiences in the thread I provided. It may give others encouragement.

[ca.funke]

...I have a permanent German Residence Permit and a Stamp 4EUFam GNIB Card...

Strange!

You have a valid Schengen-residence-permit (Germany), as such entry should have been very easy.

The 4EUFam also grants entry to Portugal, however this is less known.

With the Schengen-Residence-Permit you´re allowed to enter Portugal, even without your husband.

In either case the passport shouldn´t have been stamped...

[newbieholland]

...I have a permanent German Residence Permit and a Stamp 4EUFam GNIB Card...

Strange!

You have a valid Schengen-residence-permit (Germany), as such entry should have been very easy.

The 4EUFam also grants entry to Portugal, however this is less known.

With the Schengen-Residence-Permit you´re allowed to enter Portugal, even without your husband.

In either case the passport shouldn´t have been stamped...

I think the OP is asking in a scenario where she moved from Germany to Ireland after having a RC from Germany. If she is staying outside Germany for more than 6 months is her German RC still valid? She can travel within the Schenegen on her own and without any restriction with her German RC but not with her GNIB card unless she is with the EU family member while entering the Schenegan. So does the member state update SIS when the holder of the RC is no longer a resident in the member state?

[ca.funke]

I think the OP is asking in a scenario where she moved from Germany to Ireland after having a RC from Germany. If she is staying outside Germany for more than 6 months is her German RC still valid?...

Very good question! For my answer I assumed that (somehow) both RCs are valid. If they´re not, then that´d be an explanation.

[newbieholland]

I think the OP is asking in a scenario where she moved from Germany to Ireland after having a RC from Germany. If she is staying outside Germany for more than 6 months is her German RC still valid?...

Very good question! For my answer I assumed that (somehow) both RCs are valid. If they´re not, then that´d be an explanation.

Are you sure? For example if a member state has a compulsory registration process at the town hall where you also had to de-register while moving out (for tax purposes) of the member state. The member state informs you (verbally) that you are not a residence here if you do not register yourself in 3 months time (which we were informed when we moved).

I am sure there residency is affected in terms of permanent residence but would the residence card be still valid? Would they add any notes on SIS as I am willing to travel on my old residence card too but a bit confused to apply for a schenegan visa in my own capacity or use the residence card from a member state which is within schenegan? It will be great to have more info on this.

[docteurbenway]

I think the OP is asking in a scenario where she moved from Germany to Ireland after having a RC from Germany. If she is staying outside Germany for more than 6 months is her German RC still valid?...

Very good question! For my answer I assumed that (somehow) both RCs are valid. If they´re not, then that´d be an explanation.

Are you sure? For example if a member state has a compulsory registration process at the town hall where you also had to de-register while moving out (for tax purposes) of the member state. The member state informs you (verbally) that you are not a residence here if you do not register yourself in 3 months time (which we were informed when we moved).

I am sure there residency is affected in terms of permanent residence but would the residence card be still valid? Would they add any notes on SIS as I am willing to travel on my old residence card too but a bit confused to apply for a schenegan visa in my own capacity or use the residence card from a member state which is within schenegan? It will be great to have more info on this.

I live in Germany and have experience in that field, since the OP has a permanent Residence Permit, he can still use the Permit for two years while being de-registered from Germany. After two years this right is lost and thus can not be used.

[newbieholland]

I think the OP is asking in a scenario where she moved from Germany to Ireland after having a RC from Germany. If she is staying outside Germany for more than 6 months is her German RC still valid?...

Very good question! For my answer I assumed that (somehow) both RCs are valid. If they´re not, then that´d be an explanation.

Are you sure? For example if a member state has a compulsory registration process at the town hall where you also had to de-register while moving out (for tax purposes) of the member state. The member state informs you (verbally) that you are not a residence here if you do not register yourself in 3 months time (which we were informed when we moved).

I am sure there residency is affected in terms of permanent residence but would the residence card be still valid? Would they add any notes on SIS as I am willing to travel on my old residence card too but a bit confused to apply for a schenegan visa in my own capacity or use the residence card from a member state which is within schenegan? It will be great to have more info on this.

I live in Germany and have experience in that field, since the OP has a permanent Residence Permit, he can still use the Permit for two years while being de-registered from Germany. After two years this right is lost and thus can not be used.

What happens if it is a five years residence permit and not permanent RC ?

[docteurbenway]

What happens if it is a five years residence permit and not permanent RC ?

National or under Directive 2004/38/EC?

I am not 100% sure, but i believe the right is lost when you are de-registered, but can be restored upon return to Germany.

[newbieholland]

What happens if it is a five years residence permit and not permanent RC ?

National or under Directive 2004/38/EC?

I am not 100% sure, but i believe the right is lost when you are de-registered, but can be restored upon return to Germany.

Ofcourse under the Directive. I am aware of the fact that the right is lost but I am wondering would this be mentioned on the SIS? How would the SPanish know if the German RC is still valid apart from looking at the validity dates?

[luv2tr4v3l]

I think the OP is asking in a scenario where she moved from Germany to Ireland after having a RC from Germany. If she is staying outside Germany for more than 6 months is her German RC still valid?...

Very good question! For my answer I assumed that (somehow) both RCs are valid. If they´re not, then that´d be an explanation.

Are you sure? For example if a member state has a compulsory registration process at the town hall where you also had to de-register while moving out (for tax purposes) of the member state. The member state informs you (verbally) that you are not a residence here if you do not register yourself in 3 months time (which we were informed when we moved).

I am sure there residency is affected in terms of permanent residence but would the residence card be still valid? Would they add any notes on SIS as I am willing to travel on my old residence card too but a bit confused to apply for a schenegan visa in my own capacity or use the residence card from a member state which is within schenegan? It will be great to have more info on this.

I live in Germany and have experience in that field, since the OP has a permanent Residence Permit, he can still use the Permit for two years while being de-registered from Germany. After two years this right is lost and thus can not be used.

I've been told by the Foreigner's Office in Germany that my permanent Residence Permit will not expire anymore. She also gave me a document stating that. I've used the permit for entry to Germany twice, had no problems. My concern is going to other Schengen countries using this permit on my own and trying to convince Immigration ( if they give me hard time) that my permit is still valid.

[ca.funke]

I've used the permit for entry to Germany twice, had no problems. My concern is going to other Schengen countries using this permit...

How does your permit look like? Is it the new plastic card?

Schengen-permits will look similar/the same soon, so there shouldn´t be any problems.

By the time everyone who is issued with a Schengen-permit, the new problem could be that Schengen won´t exist anymore, but that´s an entirely different topic.

Rgds, Christian