Can a Schengen visa refusal be caused by an alert in the Schengen Information System (SIS)?

The Schengen Information System (SIS II / SIS Recast under Regulations EU 2018/1861, 2018/1862, and 2018/1860) is the most widely used European border security database shared across 31 European countries (all Schengen states plus associated members). Under Article 24 of Regulation (UE) 2018/1861, national authorities insert alerts refusing entry and stay for third-country nationals subject to judicial deportation decrees, expulsion orders by the Prefetto (Art. 13 D.Lgs. 286/1998), return decisions, or public security concerns. When an alert is active, consular posts automatically refuse visa applications and border police refuse entry across external Schengen borders. For statutory name checks and alert cancellation, consult our SIS Schengen legal team or book a legal consultation in Rome or Fondi.

Under Articles 53 and 54 of Regulation (EU) 2018/1861 and Article 15 GDPR, every individual has the statutory right of access (visura) to verify whether their personal data is registered in the SIS database. In Italy, requests cannot be checked online via generic portals; an official legal petition must be submitted directly to the national supervisory authority: Ministero dell'Interno - Dipartimento della Pubblica Sicurezza - 5^ Divisione N.SIS in Rome. The application must include certified passport identification, full biographic data, and precise statutory references. The Ministry must formally reply within statutory deadlines stating whether alerts exist, the issuing State, and legal basis. Our attorneys prepare and file official PEC petitions directly to the Ministry. Start your formal SIS check with Foreigners Studio.

Removing a SIS alert requires a dual-track legal procedure: 1) Challenging or eliminating the underlying national decision (e.g., filing a petition for revocation of an expulsion decree before the Prefetto under Art. 13 D.Lgs. 286/1998, proving that the 3-to-5 year statutory ban has expired, or demonstrating compliance with voluntary return); 2) Submitting a formal petition for deletion (cancellazione/rettifica) under Article 55 of Regulation (EU) 2018/1861 to the national SIS authority that inserted the alert (N.SIS Italy or the competent SIRENE Bureau abroad). If the issuing authority fails to delete an alert that has expired or lost its legal foundation, an appeal must be filed with the Italian Privacy Garante or the TAR Lazio court in Rome. Our registered Italian attorneys handle the full process from revocation to deletion confirmation. Request our SIS alert removal service.

Under Article 39 of Regulation (EU) 2018/1861, alerts entered in the SIS for refusal of entry and stay are reviewed every 3 to 5 years by the Member State that entered them. Under Italian immigration law (Art. 13, paragraph 14 of D.Lgs. 286/1998), an administrative entry ban typically lasts from 3 to 5 years (up to 10 years for serious public order offenses). Crucially, even when the statutory ban period expires, alerts are often NOT deleted automatically from national border databases due to bureaucratic oversight, continuing to block visa applications and airport transit. A formal deletion request (istanza di cancellazione) must be lodged with the Ministry of Interior to clean the record. Verify your ban expiration and file for expungement.

An Article 24 alert (under Regulation EU 2018/1861) is the specific statutory alert entered into the SIS by a Schengen Member State instructing all European border and consular authorities to refuse entry and residence to a non-EU citizen. It is mandatorily issued following: 1) Judicial or administrative expulsion decrees (such as Italian decrees issued by the Prefetto under Art. 13 Testo Unico Immigrazione); 2) Criminal convictions carrying imprisonment of at least 1 year; 3) Established non-compliance with immigration rules (e.g., overstaying or return decisions under Directive 2008/115/EC); 4) Threat to public order or national security. It creates an automatic Schengen-wide block. Learn how our lawyers challenge and expunge Article 24 alerts.

Homonymy (or mistaken identity) occurs when an innocent traveler shares the exact same first name, surname, and date of birth as a person flagged for an entry ban or deportation in the SIS database. Under Article 52 of Regulation (EU) 2018/1861, there is a strict statutory procedure to resolve identity confusion. The affected individual must submit biometric evidence (fingerprint records, certified passport copies, parents' names, and birth certificate) to the Italian N.SIS Bureau and SIRENE Office. Once verified, the authority issues a formal clearance certificate (Attestazione di non corrispondenza soggettiva) and appends distinctive biometric notes to the SIS alert to prevent repeated airport stops and visa refusals. Resolve your SIS mistaken identity with our lawyers.