SIS Records, Entry Bans and Immigration Database Records

By Attorney-at-Law Dr. Theresa Rath

Many individuals first become aware of immigration-related database records after a visa refusal, a refusal of entry at the border or difficulties when attempting to return to Germany. In other situations, there may already be concerns that previous visa applications, entry bans or immigration measures continue to affect current immigration procedures.

This frequently involves records in the Schengen Information System (SIS), information stored in the Central Register of Foreign Nationals (AZR) or data contained in the visa database maintained under the AZR framework. Although these databases serve different purposes, they may significantly affect visa applications, residence permits, family reunification procedures and border controls.

Not every record is unlawful. At the same time, individuals have important rights of access, correction, restriction of processing and, under certain circumstances, deletion of personal data. In many cases, obtaining access to the stored information is the first step towards assessing the legal situation.

SIS Records and Schengen Alerts

The Schengen Information System (SIS) is the central information and alert system used throughout the Schengen Area. Records within the SIS may lead to visa refusals, difficulties at border crossings or the sharing of information between authorities in different European countries.

Individuals are often unaware whether an SIS alert exists and which state created it. In practice, an SIS record does not necessarily originate from Germany. Alerts frequently originate from other Schengen States while nevertheless affecting future visa applications or travel to Germany.

SIS records are particularly relevant in cases involving entry and residence bans under Section 11 of the German Residence Act. Whether a record is lawful, whether it may continue to be stored and which review mechanisms are available depends on the circumstances of the individual case.

Central Register of Foreign Nationals (AZR)

The Central Register of Foreign Nationals is Germany's central database for a wide range of immigration-related information. It supports public authorities and may contain data relating to residence permits, visa procedures, expulsions, deportations and other immigration matters.

Individuals are often unable to determine which information is stored and which authorities have access to it. For this reason, data protection law provides extensive rights of access. Stored information may influence future visa procedures, residence permits and administrative decisions.

Where there are doubts regarding the accuracy of stored information, individuals may under certain circumstances seek correction, deletion or restriction of processing. Authorities are required to examine such requests.

Visa Database and Previous Visa Procedures

In addition to the general AZR database, a separate visa database exists. It may contain information regarding previous visa applications, issued visas, visa refusals, withdrawn applications, revoked visas and cancelled visas.

A common question is whether previous visa applications remain visible during future immigration procedures. As a general rule, they do. One purpose of the visa database is to make certain information regarding previous visa procedures available to competent authorities.

Stored information may include visa applications, decisions issued by German missions abroad, involvement of immigration authorities and other procedural information. Under certain circumstances, information regarding forged documents or labour-market related decisions may also be recorded.

Rights of Access, Correction and Deletion

Individuals are not limited to requesting access to their data. Depending on the circumstances, they may also request correction of inaccurate information, restriction of processing or deletion of stored records.

Where the accuracy of information is disputed, it may be possible to request a review and restriction of processing while the matter is being examined. If authorities cannot demonstrate that storage remains lawful or supported by a valid legal basis, correction or deletion claims may arise.

In addition, complaints may be submitted to data protection supervisory authorities. In certain situations, compensation claims arising from unlawful processing of personal data may also become relevant.

Database Records and Entry Bans

Database records and entry bans are frequently interconnected. An existing entry and residence ban may result in SIS alerts and thereby significantly affect future visa and residence procedures.

Conversely, discovering an SIS alert is often the starting point for determining whether an entry ban exists, whether it remains valid and whether options for shortening or removing the restriction may be available.