I want to apply for asylum in Sweden, but I have a France visit schengen visa. Do I have to wait for six months?

Question

As far as I know, the biometric scan info is automatically deleted from the system after 6 months. Therefore, any person who has a visa for less than six months has to wait and lay low until after the visa expires to wait for the six months to pass, then they can apply at any country other than the country that granted them the schengen visa.

Am I correct???

Answer 1

Dear Zizo,

Thank you for your question, and welcome to the Wefugees community!

The state, which allowed someone to enter into the Schengen Area with a visa is responsible for instructing their asylum claim until 6 months after the visa expires. After this period, the state where the person lodges their asylum claim is reponsible for instructing it. Note: this time limit is extended to two years for persons who were issued a residence permit. You can find this rule in Article 12 § 4 of the Dublin III Regulation.

So if you're Schengen visa is expired for more than 6 months and you lodge an asylum claim in Sweden, the Swedish authorities should be responsible for your application.

However, it does not mean that you're biometric information will be deleted from the Visa Information System; this data is kept and made accessible for Schengen States, including Asylum authorities, during five years. Here is more info on the Visa Information System.

Let me know if you have any other question regarding this issue. In any case, it can always be interesting to consult with local organisations offering legal aid. Let me know if you need support finding one!