Maxi-Pedia Forum

Somebody please help me...
I am an Indian and I was caught by the police in Italy in 2004 May for overstay. Now I applied for a visa in Sweden and I was informed that my visa is rejected because I am in the blacklist of SIS.
I humbly request you to give me a solution to solve this problem.Thank you very much....

To provide a reliable answer, I need to know who informed you about the fact that you are on a SIS "blacklist". Did you get this information from any official authority? How was is worded?

There is no such thing as a blacklist in the SIS. The SIS is an acronym for a Schengen Information System (SIS), a database shared by all Member States in the Schengen area that centralises two broad categories of information on, firstly, wanted or missing persons and persons under surveillance and, secondly, stolen or missing vehicles and objects such as, in particular, identity papers, vehicle registration certificates and vehicle number plates.

Then, in addition to the SIS, there is another system, called VIS, which stands for Visa Information System (VIS), a database containing information, including biometrics, on visa applications by Third Country Nationals requiring a visa to enter the Schengen area. Biometric information stoder in this system remains valid for five years.

You need to find out exactly what information is stored about you in the SIS/VIS. In regards to the SIS/VIS, all individuals are recognised specific rights by the Schengen Convention which basically are:

• the right of access to data relating to them stored in the SIS/VIS;
• the right to rectification when data are factually inaccurate or deletion when data have been stored unlawfully;
• the right to ask the national data protection authorities to check data entered in the SIS which concern them and the use made of such data;
• the right to bring proceedings before the courts or competent authorities to correct or delete incorrect data or to obtain compensation.

The right of access is the possibility for anyone who so requests to consult the information relating to him stored in a data file as referred to in national law. Anyone exercising his right of access may apply to the competent authorities (SIS - police; VIS - embassy) in the Schengen country of his choice. The right of access is exercised in accordance with the law of the State addressed (the rules of procedure differ from one country to another).

This relates also to the ne bis in diem principle. You might want to take some legal action if that would be the case.

Ban to enter Schengen area (Poland) - no offense shall be punished twice (http://www.maxi-pedia.com/forum/index.php?topic=965.msg2608#msg2608)
(http://www.maxi-pedia.com/forum/index.php?topic=965.msg2608#msg2608)