Flying over country from which you are deported

Flying over country from which you are deported - American dollars on national flag

A Swedish national was deported from Denmark today. This is a very extraordinary case, since citizens of Nordic countries are usually free to travel without any documents within the Nordic Passport Union, as well as within Schengen (with documents).

If he wish to travel out of Sweden, there is a significant possibility that he will need to have a stopover in Denmark, or at the very least fly over Danish airspace.

The specifics of his deportation is not known, other than that he will no longer be allowed to enter Denmark. Generally speaking, how big of a problem will this pose?

Will he be allowed to fly over Denmark? Will he be allowed to have a stopover in Denmark, as long as he doesn't leave the international terminal? I assume it will work much like when you transit through a country in which you don't have a visa.

Of course, practically speaking, since a flight within the Nordic countries is almost considered a domestic flight (no passport checks), it will be hard to regulate, but let's work from the assumption that he will not enter Denmark unlawfully.



Best Answer

On a practical level, there is absolutely nothing stopping him from flying over, via or into Denmark. As you yourself state, there are no passport checks on leaving Sweden or entering Denmark from a Schengen country, nor will the airline check whether he's entitled to be in Denmark. The only case where he would likely run into trouble is if he attempts to enter Schengen from the outside via Denmark, in which case his deportation order would almost certainly show up in the Schengen Information System if they look it up (and even that's not a given, often EU passport holders are waved through).

On a legal level, he's obviously not allowed to be in Denmark, even for a connecting flight. While this might technically extend to overflights, there's near-zero chance that this would cause issues (and the reason it's not zero is mostly if the flight is forced to divert to Denmark for some reason).

All that said, it will be quite easy for him to avoid Denmark entirely if he wishes to leave Sweden. Yes, Copenhagen is the largest hub for SAS, but there are plenty of alternatives, as there are direct flights from Stockholm-Arlanda alone to 219 destinations. In addition to direct flights, they can connect via Oslo to Norwegian long-haul flights, via London for British Airways, via Frankfurt for Lufthansa, via Amsterdam for KLM, via Dubai for Emirates, via Istanbul for Turkish, etc. Of these, only London and Amsterdam would likely overfly Denmark.




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