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Shock and advice request: Lithuanian (Schengen) visa for family members of EU citizen

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input-output
Junior Member
Posts: 72
Joined: Sat Apr 09, 2022 7:43 pm
Armenia

Shock and advice request: Lithuanian (Schengen) visa for family members of EU citizen

Post by input-output » Tue Mar 19, 2024 7:37 pm

Hello everyone, I need an advice please.

We as family members of EU citizen - myself (a non-EU) spouse and my non-EU dependent mother - applied for Lithuanian Schengen visas at the visa centre as we will be travelling with my Irish wife together and benefit from Directive 2004/38/EC. Despite us asking to apply at the embassy, free of charge, w were told that it is permitted in exceptional circumstances. I know that this is not the case for family members of EU citizen.

After 1 week, embassy emailed us a form containing questions on whether we have any contact with NATO, where we did any military service, or who owns the Crimea. This form has nothing to do with us or our country of origin. That email from the embassy said the following:

In accordance with Article 21 of the Visa Code, competent authorities require additional information to assess any potential security risks to the Republic of Lithuania and other member states.

Please fill out the attached questionnaire to facilitate the processing of your visa application. You may return the completed questionnaire via email.

It is essential to include your full employment history, detailing previous and current workplaces and job positions. Without this additional information, competent authorities may be unable to evaluate any threats posed by foreign nationals to the internal security of member states, potentially leading to a visa refusal.


We responded with an email saying that the list of documents under Directive 2004/38/EC is exhaustive and politely declined to fill any questionnaires.

After 4 days, a passport of my mother arrived in post (but not mine). It was covered in stains and we were lucky that the ID page was not damaged. The cover page cannot be fully cleaned. No explanation was provided why her passport was returned or what was the outcome of her visa application, which was formally submitted.

I emailed the following day to enquire as to the outcome of her visa application and received no response.

I have submitted a complaint with the European Commission because embassy appears to breach the law (Directive 2004/38/ec and Article 21 TFEU) in making inferences on processing visa subject to filling additional forms that are not required for family members of EU citizen. Similarly, insinuations of a security threat has no basis as I previously has 2 Lithuanian visas and have no criminal record.

I am aware that EU complaints may take a long time and also submitted a complaint with Solvit Ireland.

It should be noted that Embassy was always unreasonable with us, always asking documents not required of us and our complaint with EU Commission against them was upheld in 2022. This is clearly a retaliation.

Tomorrow is the 15th day for the application to be processed. What shall I do? Our trip supposed to be in 4 weeks but everything is in disarray. Embassy does not respond to emails.

Any advice please?

Angel99
Member of Standing
Posts: 324
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Shock and advice request: Lithuanian (Schengen) visa for family members of EU citizen

Post by Angel99 » Wed Mar 20, 2024 4:04 am

input-output wrote:
Tue Mar 19, 2024 7:37 pm
Hello everyone, I need an advice please.

We as family members of EU citizen - myself (a non-EU) spouse and my non-EU dependent mother - applied for Lithuanian Schengen visas at the visa centre as we will be travelling with my Irish wife together and benefit from Directive 2004/38/EC. Despite us asking to apply at the embassy, free of charge, w were told that it is permitted in exceptional circumstances. I know that this is not the case for family members of EU citizen.

After 1 week, embassy emailed us a form containing questions on whether we have any contact with NATO, where we did any military service, or who owns the Crimea. This form has nothing to do with us or our country of origin. That email from the embassy said the following:

In accordance with Article 21 of the Visa Code, competent authorities require additional information to assess any potential security risks to the Republic of Lithuania and other member states.

Please fill out the attached questionnaire to facilitate the processing of your visa application. You may return the completed questionnaire via email.

It is essential to include your full employment history, detailing previous and current workplaces and job positions. Without this additional information, competent authorities may be unable to evaluate any threats posed by foreign nationals to the internal security of member states, potentially leading to a visa refusal.


We responded with an email saying that the list of documents under Directive 2004/38/EC is exhaustive and politely declined to fill any questionnaires.

After 4 days, a passport of my mother arrived in post (but not mine). It was covered in stains and we were lucky that the ID page was not damaged. The cover page cannot be fully cleaned. No explanation was provided why her passport was returned or what was the outcome of her visa application, which was formally submitted.

I emailed the following day to enquire as to the outcome of her visa application and received no response.

I have submitted a complaint with the European Commission because embassy appears to breach the law (Directive 2004/38/ec and Article 21 TFEU) in making inferences on processing visa subject to filling additional forms that are not required for family members of EU citizen. Similarly, insinuations of a security threat has no basis as I previously has 2 Lithuanian visas and have no criminal record.

I am aware that EU complaints may take a long time and also submitted a complaint with Solvit Ireland.

It should be noted that Embassy was always unreasonable with us, always asking documents not required of us and our complaint with EU Commission against them was upheld in 2022. This is clearly a retaliation.

Tomorrow is the 15th day for the application to be processed. What shall I do? Our trip supposed to be in 4 weeks but everything is in disarray. Embassy does not respond to emails.

Any advice please?
Hi,

Eastern /baltic EU countries are known to disobey EU regulations. I always advise against trying to use those countries as point of entry to exercise EU free movement for families.

It would be best you mention your nationalities and the country you and your parent applied from.

The embassy has the right to request you to apply at a visa centre. In your case you were not applying alone which they could have made exceptions for you. Normally you'll pay only the service fee at the visa centre.

You should know that you can't just move with your parent via free movement like you as a spouse, for spouse you don't need to prove dependency. Your mother has to be dependent on you or the EU citizen (prove you or the EU citizen provide her finanical support or medicals) unless you and your mother are already living in an EU country (Ireland) then it becomes more easier.

Regarding the passport it best you also report it to your embassy.

input-output
Junior Member
Posts: 72
Joined: Sat Apr 09, 2022 7:43 pm
Armenia

Re: Shock and advice request: Lithuanian (Schengen) visa for family members of EU citizen

Post by input-output » Fri Mar 22, 2024 3:11 pm

I complained to Solvit and European Commission.
In terms of immediate intervention, any other tools available?

Angel99
Member of Standing
Posts: 324
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Shock and advice request: Lithuanian (Schengen) visa for family members of EU citizen

Post by Angel99 » Sat Mar 23, 2024 12:39 pm

input-output wrote:
Fri Mar 22, 2024 3:11 pm
I complained to Solvit and European Commission.
In terms of immediate intervention, any other tools available?
The 2 bodies you mentioned are enough. You can also complain to your embassy about the passport.

MylaHughes
- thin ice -
Posts: 16
Joined: Mon Mar 11, 2024 12:09 pm
Mood:
United States of America

Re: Shock and advice request: Lithuanian (Schengen) visa for family members of EU citizen

Post by MylaHughes » Fri Mar 29, 2024 6:32 am

First of all, I would recommend that you remain calm and save all documents and correspondence related to your visa application. This will help you have evidence in case of further inquiries or complaints. Since you have already lodged a complaint with the European Commission and Solvit Ireland, I would suggest waiting for their response. In the meantime, I would also recommend trying to contact the embassy again. Try calling or visiting them in person if possible. Sometimes personal contact can be more effective than email.

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