Schengen rights while residence permit processing?

[212inHelsinki]

This is a tricky situation that Finnish Immigration Police could not answer for me. I appreciate any insight.

I am a US citizen married to a lovely Finnish lady. My reisdence permit is currently processing. I requested it to be sped up and will have it before the end of June. I am curious about my rights to enter other Schengen countries while the permit is still processing because I have already exceeded the 90 day limit within the previous 6 months. My entry date is clearly marked on my passport thanks to the Finnish border guards.

To help prove my status to any other border guards, I have marriage certificates in both Finnish and English, as well as an authorized English translation of the document (in Finnish) from the Immigration Police stating that my residence permit is currently processing.

So, how concerned should I be about entering and leaving any other Schengen coutnries?

[zoltar]

Presuming you are already in Finland, have the receipt of application for your residence permit and intend to stay within the Schengen, you shouldn't have any problem travelling anywhere in the Schengen until you get the permit. If you aren't in Finland presently, you'll need to direct your question to the US State Department.

[daryl]

The safest approach is probably to get a return visa from the local police.

Refer your ignorant "immigration police" officers to paragraph 4 of section 20 and paragraph 3 of section 30 of the Aliens Act. It was their business to know this and advise you properly in the first place.

daryl

[kristheo]

You are only allowed to stay in Finland. Once you got your residence permit you are allowed to enter legally in any Schengen states.

[Jussi]

As Daryl says,

Section 20 Paragraph 4

(4) A re-entry visa may be issued for one or several return journeys to Finland during the validity of the single-entry visa or while a residence permit matter is pending.

and

Section 30 Paragraph 3

(3) A re-entry visa and an extension to the number of days of residence under a Schengen visa are issued by the District Police.

(unnofficial translation from the act here)

[daryl]

As Daryl says,

Section 20 Paragraph 4

(4) A re-entry visa may be issued for one or several return journeys to Finland during the validity of the single-entry visa or while a residence permit matter is pending.

and

Section 30 Paragraph 3

(3) A re-entry visa and an extension to the number of days of residence under a Schengen visa are issued by the District Police.

(unnofficial translation from the act here)

Having said all of this, if the applicant intends to travel with his wife only within the territory of the European Union, then there is no need for a return visa at all, because the relevant Community Law already allows an EU citizen to arrive in the territory of a Member State together with immediate family members. This Community Law would apply equally at all points of entry or inspection (such as there are) throughout the Schengen Area.

A return visa would be necessary only for travel outside of the EU25/EEA territory. In the case of travel to St Petersburg, OTOH, the return visa is probably not necessary because (a) the border crossing point in Finland can access the aliens register and (b) this is a first point of entry to EU25/EEA territory. Technically, the same applies to any direct transport connection to Finland especially and to EU25/EEA territory in general.

The only potential problem concerns possible document checks of passengers boarding trains and flights to Finland. These checks are performed by transport company employees who do not have access to SIS or other electronic sources, may not be able to understand documents and may not be well versed in Community Law. My guess is that cases where a transport company employee is ignorant in these respects are also likely to be cases in which the employee will not have the competence to apply the 90-day rule either. The employee simply sees the US passport and notes that US passport holders are entitled to visit Finland without a visa.

daryl