German consulate Karachi delaying giving back of passport

[baibazv]

Hello,

I apologize if I am duplicating any post, but I need quick advice and suggestion what to do. I am a Latvian citizen and since 2011 january I have moved to Pakistan, I got married with a Pakistani and it has been almost two years to my marriage as well.
My mother and siblings reside in Latvia and since I am married, my husband has not visited my family in Latvia. This year my mother insisted my husband to spend Christmas holidays and new year with the family and which why she also sent an official invitation that directed us to submit our application at the Consulate General of Germany in Karachi, Pakistan (they are representatives of my country in Pakistan).
On 15th October we submitted all documents that consulate required (even those that weren’t required according to German Embassy website) - Bank Statements, Salary Slips, Air Ticket reservation and work leave letter etc. luckily we were exempted from visa fees.
I did not protest for that and after submission of the application, we were given a receipt stating 06th November 2012 as the date of collection of passport, but when my husband approached the consulate, he was informed that the process is taking long and therefore the passport will be given back by 12th of December 2012. Here I want to mention that our flight is on 17th December, we have taken leaves from our offices for this period and consulate was informed about that.
Yesterday I wrote e-mail just to confirm that my husband is coming to pick up his passport as we haven’t had any news from them, on which Consulate today in the morning replayed me that: ‘the officer would like to have a confirmed flight reservation. You can hand in the document today between 12 and 1 please.”
So according to requirement we got a confirmed flight reservation from airlines, but when my husband went there they are saying come on 14th December to check about your passport, even though we have clearly stated that we wish to travel on 17th December.

I want to know is this a normal practice – giving passport back at the last moment? Generally I don’t have issues about passport as long as I know that we have visa so we can do some preparations for travel.
Aren’t they supposed to communicate with us and ask for necessary documents in advance?
Is there something we can do in this situation? Except wait and hope for visa?
Thank you in advance for any answer.

[Directive/2004/38/EC]

They are doing very bad things. Technically they can not ask for those things. And they should have been a lot faster.

Were you applying for a German visa or a Latvian visa?

[baibazv]

They are doing very bad things. Technically they can not ask for those things. And they should have been a lot faster.

Were you applying for a German visa or a Latvian visa?

Our destination is Latvia and my mother got official invitation from Latvian immigration office, so we are applying for Latvian visa. Latvia doesn’t have any embassy here and according to directions of official invitation we submitted application in German consulate. I would understand delay if they normally would tell that they are sending our case to nearest Latvian embassy, but now without any explanation they just keep delaying a date, honestly this is like mental torture.
I know that my husband’s case doesn’t go under free movement according to Directive 2004/38/EC as I am living outside EU and we want to go to my home country. But still does this really means that embassies/consulates can do whatever they want and we don’t have any rights?
I have even submitted my pay slips and contract just to prove that we just want to visit my family for holidays and we are not planning to stay there.

[Directive/2004/38/EC]

Free movement rules do apply if your husband was applying for a German visa to accompany you. The general rule is that as an EU citizen you have free movement, and if your husband is coming with you then so does he.

I assume you have never worked previously in a different EU member state than Latvia?

[baibazv]

I assume you have never worked previously in a different EU member state than Latvia?

No I haven't.
I previously wrote to Your Europe Advice about all this situation and they said that I have to comply with all demands of Consulate.

Can something be done in all this situation?

[Directive/2004/38/EC]

They are right. If you are going to Latvia only then you need to comply with whatever national law they have.

But you need to be clear that if you are going to any other EU member state with your husband, then free movement law comes into force. That is even true if you live outside the EU.

[baibazv]

So if we would apply for any other country of EU embassy wouldn't have rights to ask for all (*) documents like bank statement, tickets etc?
Seriously?

[Directive/2004/38/EC]

Seriously!

That does not mean that they will not ask in any case. But you can point out that it is not required by EU free movement law.