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- Guidance 4.1: In a friendly manner inform non-EU nationals about the fact that they overstayed and the possible consequences of this.
- Guidance 4.2: Allow non-EU nationals to provide evidence to rebut the presumption of past irregular entry or of overstay and inform them about the possibility to do so.
- Guidance 4.3: Do not take the accuracy of EES data for granted. Remember that the risk of errors may occur despite technological safeguards, i.e. the rate of false results will never be zero.
- Guidance 4.4: Provide information about the right to appeal and on how to contact services to get support when entry is refused, in line with Article 14(3) of the Schengen Borders Code.
- Guidance 4.5: Refer people expressing their wish to claim asylum, including those who have overstayed or who do not appear to meet the conditions of entry, to the national asylum procedure and respect the principle of non-refoulement.
- EU Charter of Fundamental Rights, Articles 1, 18, 19(2), 21(1).
- EES Regulation (EU) 2017/2226, Articles 2(3), 9(2), 10, 12(3), and 41.
- Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, pp. 1–52, Articles 2(16) and 14(3).
- Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast), OJ L 180, 29.6.2013, pp. 60–95, Recital 18, Articles 31(2) and 43, as of July 2026: Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU, Articles 34(2) and 43.
- Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast), OJ L 337, 20.12.2011, pp. 9–26, Article 25, as of July 2026: Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council, OJ L, 2024/1347, 22.5.2024, Article 25.
- Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, OJ L 157, 15.6.2002, pp. 1–7, Article 1(2)(ii).