Be aware of this, if your application is refused

[Kim P. Nyberg]

I have been calling the Immigration Service this morning according a disturbing phrase in a letter to a third country national family member, who had send in application form FA1. In the phrase, the Immigration Service noted, that the person can no longer move to or have transit through another Schengen Member State. My belief was, that this would infringing on the right to free movement for couples, who would choose to make use of their EU-rights by moving to another EU-country, e.g. Sweden or Germany. But the lady I talked to this morning said, that it is a relatively new rule from the EU, that requires the authorities to register the foreigner in the SIS II database (a common European database over foreigners not wanted here). When the person leave the outer border of the Schengen Area, the person's file has to be erased again immediately.

So if you get a rejection on a application for a permit of any kind and are asked to leave for your home country, you can no longer make a flight drop down in any other Schengen countries.

However, if you already have a permit on some ground, and you want a permit on another ground simultaniously, and the latter application is turned down, you will not be asked to leave and therefore not be registered in the SIS II database.

[Kim P. Nyberg]

See next comment for updates.

[Kim P. Nyberg]

EDIT: THE NEW RULES ARE IN FACT LEGIT:

Be aware of new rules:

Yesterday, another facebook user add two links in a thread regarding some new rules if you get a notice from the authorities to leave the country. The rules were agreed on back in 2018 and went into force a few months ago.

The rule means: If you are a third country national, and you get a notice from the Immigration to leave the territory, regardless why you are here, you have to leave, not only the territory of the country, where you reside, but the entire EU/EEA/Schengen Area. On your way out, you cannot transit though any other EU/EEA/Schengen country.

As the Immigration write the notice for you to leave, your informations will be registered in SIS II, which is a common European database over unwanted persons. However, you will not get an entry ban, because you did not do anything criminal. While leaving the territory, you have to get in touch with the passport control staff, where you ask them to erase your information due to your leaving. They will do immediately.

If you already have a permit in another EU/EEA/Schengen country, you are free to go there instead of going back to your country of origin.

Can you come back again? Yes you can. You just have to wait 90 days in your home country or in the country, where you have a valid permit.

Are you visa-free, you can come back after 90 days.

Are you obligated to apply for a visa to enter here again, you can apply for it while waiting for the 90 days to pass by. A visa back to the country, from where you were asked to leave, however, is hypothetical. It will be better if the reference person move to another EU/EEA country, exercising the right to free movement there, and invite you to that host Member State.

The new rules does NOT apply, if you move to another Member State in cases where the Immigration has NOT written a notice for you to leave. In those cases everything is business as usual.