If refused entry into Schengen, can I fly to 3rd country?
Apr 13, 2020, 2:12 pm
#16
Join Date: Nov 2018
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I have a colleague who is a resident of the U.K. but a citizen of Austria, he recently flew LHR-FRA on one ticket and then took a separate night train to Austria without any problems. He said he was required to show proof of leaving Germany at check in and at the border, and they were happy with a train ticket. Although not Denmark in this case, it seems Germany was happy to let citizens of bordering countries enter Germany to enable immediate onwards travel to said country.
Apr 13, 2020, 2:45 pm
#17
Join Date: Oct 2001
Location: Germany
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But the tricky part is that his wife is apparently neither a citizen nor a permanent resident of Denmark. She only has a "Schengen visa" according to the OP, which is (I suppose) for short term visits. And German regulations only allow transit to other EU countries for citizens of those countries and their permanent residents. They do not allow anyone with a "Schengen visa" to transit (even if Denmark would grant her entry). So there is indeed a risk of Germany refusing her entry.
Apr 13, 2020, 5:10 pm
#18
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Yes, that's the official policy. The OP and his son will have no problem transiting Germany.
But the tricky part is that his wife is apparently neither a citizen nor a permanent resident of Denmark. She only has a "Schengen visa" according to the OP, which is (I suppose) for short term visits. And German regulations only allow transit to other EU countries for citizens of those countries and their permanent residents. They do not allow anyone with a "Schengen visa" to transit (even if Denmark would grant her entry). So there is indeed a risk of Germany refusing her entry.
But the tricky part is that his wife is apparently neither a citizen nor a permanent resident of Denmark. She only has a "Schengen visa" according to the OP, which is (I suppose) for short term visits. And German regulations only allow transit to other EU countries for citizens of those countries and their permanent residents. They do not allow anyone with a "Schengen visa" to transit (even if Denmark would grant her entry). So there is indeed a risk of Germany refusing her entry.
The issue I would be more concerned about is if the commercial carrier refuses transport of the spouse who is a third country national. And that then gets back to the suggestion to seek services from the nearest Danish consulate/embassy or whatever is currently their equivalents of OCS for Americans.
Did Denmark issue the wife’s Schengen visa?
Last edited by GUWonder; Apr 13, 2020 at 5:33 pm
Apr 13, 2020, 6:58 pm
#19
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[KVS Tool 9.7.9/Diamond - TIMATIC: Visa/Entry Requirements]
Code:
National Ethiopia (ET) Embarkation United Arab Emirates (AE) Destination Germany (DE) [Visa Information - Destination] Germany (DE) [Information For Normal Passports] Passport required. - Passports and other documents accepted for entry must be valid for a minimum of 3 months beyond the period of intended stay. Admission and Transit Restrictions: - Passengers are not allowed to enter Germany. - This does not apply to: - passengers with evidence that their travel is to perform a professional activity, e.g., commuters, diplomats, nursing staff, food industry personnel, specialists; - passengers in transit to their home country, if there is no other travel option. The purpose of travel and the entry requirements for the destination and transit countries must be proved. Visa required. - Information on Schengen visas [[TIRULES/R33]] Minors: - Minors aged up to/incl. 15 years of age may be included in the passport of a parent or guardian, if [[TIDFT/DE/PA/MI/ID22061]] Additional Information: - Valid visas in full or expired travel documents are accepted if [[TIDFT/DE/VI/AI/ID39521]] Warning: - Passengers must present a completed Public Health Passenger Locator Form upon arrival. Passengers must self-isolate and must proceed directly to their own home, or other suitable accommodation for a period of 14 days. - Passports must be signed by the holder. - This does not apply to passengers with a passport that has a fingerprint instead of a signature. - This does not apply to passengers with a passport that has a remark stating that a signature is not required or that the holder cannot sign the passport. - Further exemptions exist for minors, based on national laws of the issuing country of the passport. - Passports and/or passport replacing documents issued more than 10 years prior to date of travel are not accepted. - Visitors not holding return/onward tickets [[TIRULES/R38]] co uld be refused entry . - BREXIT: On 31 January 2020 the United Kingdom withdrew from the European Union (EU) and ceased to be a member of the European Economic Area (EEA). A transition period of 11 months was agreed; therefore, entry regulations remain unchanged until 31 December 2020, i.e., regulations related to the EU and the EEA, also apply to the United Kingdom. - Schengen "C" type visas must be valid for the visited Schengen Member State. This is specified in the "valid for" field of the visa. [Health Information] Germany (DE) Vaccinations not required. CHECK [[TINEWS]] - CHECK LATEST NEWS AND UPDATES ON TRAVEL INFORMATION 14 Apr 2020 / 00:50 [UTC]
Apr 13, 2020, 7:16 pm
#20
Join Date: Oct 2001
Location: Germany
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I haven't found a legally binding text of the regulation instating new entry restrictions. But according to the German foreign ministry:
The travel restrictions expressly do not apply to the following persons:
1. Citizens of EU Member States and of Schengen associated countries, including their family members, as well as citizens of the United Kingdom, Iceland, Liechtenstein, Norway and Switzerland, including their family members, who are entering for the purpose of transit to their home country or country of residence;
1. Citizens of EU Member States and of Schengen associated countries, including their family members, as well as citizens of the United Kingdom, Iceland, Liechtenstein, Norway and Switzerland, including their family members, who are entering for the purpose of transit to their home country or country of residence;
Apr 14, 2020, 4:27 am
#21
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My wife has a non-EU passport with valid Schengen visa.
Please clarify to us what your wife has! A residence permit IS NOT a Schengen Visa.
Entry will be permitted for my wife into Denmark, but I cannot get that in writing, only verbally.
- passengers in transit to their home country, if there is
no other travel option. The purpose of travel and the entry
requirements for the destination and transit countries must
be proved.
no other travel option. The purpose of travel and the entry
requirements for the destination and transit countries must
be proved.
Apr 14, 2020, 6:48 am
#22
Join Date: Apr 2002
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The wife is eligible for permanent residency under Danish law and family reunification under Danish and EU law by virtue of being married to a Danish citizen - so that is a moot point. Germany would have similar laws in place. These laws specifically address these issues to ensure that families can't be split up and end up in limbo.
Apr 14, 2020, 8:43 am
#23
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If you wife only has a Schengen Visa, she is not allowed to enter Denmark.
Please clarify to us what your wife has! A residence permit IS NOT a Schengen Visa.
No! Your wife needs a residence permit for Denmark.
Denmark is not the home country of your wife. This is indicated by the fact that she has a Schengen visa.
Please clarify to us what your wife has! A residence permit IS NOT a Schengen Visa.
No! Your wife needs a residence permit for Denmark.
Denmark is not the home country of your wife. This is indicated by the fact that she has a Schengen visa.
Denmark doesn’t require the foreign spouse and minor dependents of a Danish citizen to be current or even pending residents of Denmark with a Danish residency permit (for such foreign relatives of a Danish citizen) to be allowed to enter Denmark under the current circumstances.
Apr 14, 2020, 11:42 am
#24
Join Date: Jun 2004
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The wife is eligible for permanent residency under Danish law and family reunification under Danish and EU law by virtue of being married to a Danish citizen - so that is a moot point. Germany would have similar laws in place. These laws specifically address these issues to ensure that families can't be split up and end up in limbo.
Apr 14, 2020, 12:08 pm
#25
Join Date: Apr 2002
Location: NYC
Posts: 9,120
As everywhere, there are requirements but Denmark allows spouses of citizens to apply under family reunification. They will not deny the spouse entry and she can apply when in Denmark.
Apr 14, 2020, 12:35 pm
#26
Join Date: Jun 2004
Posts: 3,773
Since this isn't the subject of this thread, I will refrain from arguing but just wanted to point out that it is far from a straightforward process, and with no guarantee that residency will be granted (and plenty of evidence in the news can be found of those denied). Also, it would never be a "permanent residence permit" from the outset, but currently requires ca. eight years with a temporary residence permit requiring annual renewals (with restrictions imposed) prior to being eligible to apply for permanent residency.
Apr 14, 2020, 12:57 pm
#27
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It is worrisome that this is not a straightforward process and its implementation is dependent on how a complex set of circumstances are characterized by first, an air carrier check-in agent, and second, a border officer of a third-country, e.g. Germany. The latter may cut in favor of lenity, but the former is exactly why some form of documentation, even if it is the non-binding Danish document OP's wife now possesses.
Apr 14, 2020, 1:56 pm
#28
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Since this isn't the subject of this thread, I will refrain from arguing but just wanted to point out that it is far from a straightforward process, and with no guarantee that residency will be granted (and plenty of evidence in the news can be found of those denied). Also, it would never be a "permanent residence permit" from the outset, but currently requires ca. eight years with a temporary residence permit requiring annual renewals (with restrictions imposed) prior to being eligible to apply for permanent residency.
Apr 14, 2020, 2:06 pm
#29
Join Date: Jun 2004
Posts: 3,773
GUWonder, I'm familiar with the option via Sweden, which isn't as easy as it once was.
Regarding the situation right now:
https://jv.dk/artikel/politiet-udenl...-ind-i-danmark
Regarding the situation right now:
https://jv.dk/artikel/politiet-udenl...-ind-i-danmark
Apr 14, 2020, 3:00 pm
#30
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GUWonder, I'm familiar with the option via Sweden, which isn't as easy as it once was.
Regarding the situation right now:
https://jv.dk/artikel/politiet-udenl...-ind-i-danmark
Regarding the situation right now:
https://jv.dk/artikel/politiet-udenl...-ind-i-danmark