Refused entry at the Schengen border: can you appeal?

Yes, you can appeal. If a border guard refuses you entry to the Schengen area, EU law says you must get a written, reasoned decision on a standard form and have the right to appeal under that country’s national law. The appeal does not suspend the refusal, so you will not be let in while it runs. If it succeeds, the country that refused you must correct your Entry/Exit System (EES) record.

What does a refusal of entry have to look like?

Under Article 14 of the Schengen Borders Code, entry may only be refused by a “substantiated decision stating the precise reasons for the refusal”. It must be taken by an authority empowered by national law, takes effect immediately, and is given on the standard form in Annex V, Part B. The completed form is handed to you, and you acknowledge receipt on it.

Annex V, Part A adds that you sign the form and are given a copy. If you refuse to sign, the border guard notes that in the comments section. A refusal that comes with no form, or with a reason you were never shown, is not how the law says it should work.

Can you appeal a refusal of entry?

Article 14(3) is short and worth knowing. Persons refused entry “shall have the right to appeal”, and appeals are “conducted in accordance with national law”. That means the court or body and the deadline depend on the country that refused you. The Code does not set them for the whole Schengen area.

The border authority must also give you a written indication of contact points that can tell you about representatives able to act for you under national law. Keep that sheet. It is the nearest thing the law provides to a first step.

Two limits matter. First, lodging an appeal “shall not have suspensive effect” on the refusal. Second, under Article 14(4) border guards must make sure a refused person does not enter the country. You are not allowed in and are normally sent back while any appeal proceeds.

What happens to your EES record after a refusal?

A refusal is recorded. The EU’s EES FAQ says that if the authorities refuse you entry, “the system will also record this information”. Article 18 of the EES Regulation sets out what goes into the file when there is no earlier one, and Article 34(1) says a refusal-of-entry record is stored for three years from the date of the refusal.

If your appeal concludes the refusal was ill-founded, Article 14(3) entitles you to have the EES data corrected by the country that refused you, along with any other cancellations or additions made. Any compensation under national law is a separate matter. For the wider picture of correcting border data, see how to check and correct your EES record.

What can you do at the desk, and straight afterwards?

• Read the form before you sign. It lists the precise reason. If you disagree, say so in the comments section. Signing is a record that you received the decision.
• Keep every page. Photograph the form, the contact points sheet and your boarding documents. You will need them for any appeal and for later travel questions.
• Note the details. The airport or crossing, the date and time, and what you were asked. Memory fades quickly after a long flight.
• Check the deadline in that country. Because appeals follow national law, a lawyer in the refusing country is the right person to tell you the time limit and the route.
• Expect to go back. If a carrier brought you, Annex V says the local authority orders the carrier to take you back to where you came from or to another place you are guaranteed admittance.

What are the most common reasons for a refusal?

The grounds follow the entry conditions in Article 6(1): a valid travel document issued within the previous 10 years and valid for at least three months after your intended departure; a visa where one is required; a justified purpose and enough means of subsistence; no Schengen Information System alert for refusing entry; no threat to public policy, internal security, public health or international relations; and biometric data where required. Our breakdown of the reported refusal figures shows which of these catches people most often, and the one-way ticket guide covers the means-of-subsistence question.

Does this have anything to do with ETIAS?

Not yet. Refusal of entry at the border is a Schengen Borders Code process and applies today. ETIAS is a separate pre-travel authorisation with its own refusal and appeal route, covered in our guide to an ETIAS refusal and your right to appeal. ETIAS is not yet in operation and no applications are collected; the EU says it will announce the start date several months ahead. See the ETIAS status page for the current position. No action is required yet. Applications are not open.

Because EES counts every day you spend in Schengen, it also helps to know how the 90/180-day rule works before you travel.