DE - International Organization for Migration

EUR-Lex - 52005XG1222(01) - EN
3. INFORMATION ON NATIONAL RESIDENCE PERMITS (ARTICLE 25)
Article 25(1) lays down that where a Contracting Party considers issuing a residence permit to an
alien for whom an alert has been issued for the purposes of refusing entry, it shall first consult the
issuing Contracting Party and shall take account of its interests: the residence permit shall be issued
for substantive reasons only, notably on humanitarian grounds or by reason of international
commitments.
The second subparagraph in Article 25(1) provides that the Contracting Party issuing the alert shall
withdraw the alert, but may put the alien concerned on its national list of alerts.
The application of the provisions mentioned above therefore involves two instances of information
transmission between the Contracting Party intending to issue the residence permit and the
Contracting Party issuing the alert:
- prior consultation with the Contracting Party issuing the alert to take account of its interests and
- information on the issue of the residence permit, so that the Contracting Party issuing the alert can
withdraw it.
In accordance with the provisions of Article 25(2) of the Schengen Convention, consultation of the
issuing Contracting Party is also necessary if it becomes evident only a posteriori, i.e. after the
residence permit has been issued, that an alert on the holder of the permit has been issued for the
purpose of refusing entry.
In view of the underlying principles of the Schengen Convention, the issue of a residence permit to a
third-country national for whom an alert has been issued for the purpose of refusing entry by one of
the Contracting Parties shall also be limited to exceptional circumstances.
With regard to the communication referred to in Article 25 of the Convention, such a procedure is
closely connected with the functioning of the Schengen Information System (SIS). The possibility of
transmitting information via the forthcoming SIRENE procedure should be examined.
The rules of procedure set out in this note shall be re-examined from the point of view of their
practical applicability at the latest twelve months after the Convention implementing the Schengen
Agreement has been brought into force.
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ANNEX 15
Specimen harmonised forms providing proof of invitation, sponsorship and accommodation drafted
by the Contracting Parties
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