Denied Transit at Frankfurt Airport

[Jamkhan12345]

I am living in Uk as A Family member of EA national and hold Pakistani passport. My wife and son are both Lithuanian by Birth. They went to spend summer in Vilnuis and I wanted to join them for few days. Vilnuis Airport is closed for refurbishment so direct flight are expensive to Kaunas. I had not many options so I choose to fly with Lufthansa Airlines. London Heathrow to Kaunas via Frankfurt. I get my visa and Passport get checked at the counter & also at the gate and got cleared to travel to Kaunas with no problem.
When i reached Frankfurt- boarder Police refused me to make transit - gave me 500 Euro fine and Sent me back to London. I am looking for an advise on this. Please help and let me know if you have any Questions. Thanks

[CR001]

Did you have to change terminals and thereby go through immigration control??

[mgb]

If a british EU/EAA RC was presented article 5 section 2 of the directive 2004/38.
If not last sentence of section 2.
The OP should appeal the fine.

[gokulatti]

You should have never been denied entry in the first place let alone fine. You didn't even have to take a schengen visa with a EEA EP under EU law. The only thing you had to do is show marriage certificate and proof that wife is in Lithuania and you are joining her. Did you do that?, did you get a written confirmation of the grounds of refusal. You should object to the fine and any subsequent costs you had incurred in this regard.

[357mag]

All three of the above answers have some merit depending on the situation.
CR001 says did you change terminals, if you did you would have to go trough immigration and enter German territory so would need a visa to enter. If you got off the plane and stayed in the same terminals transit lounge to get connecting flight that would have been ok.
That you might have a Residence permit from the UK as the partner of an EU citizen does not allow you to enter Germany unless you are joining or traveling with your partner which it seems you were not doing in Germany.
You could try contacting Solvit to see if they can help, maybe that you have evidence that you were traveling to join partner will work.

I would say fight it and appeal otherwise it will be on record that you tried to illegally enter an EU country and you don't want that on your record.

[mgb]

The flight from Frankfurt to Kaunas is a flight inside the schengen area.
The OP was forced to cross the schengen external border.
The germans cannot hinder the OP to join his family in Vilnuis. The directive give this right.

[Jamkhan12345]

You should have never been denied entry in the first place let alone fine. You didn't even have to take a schengen visa with a EEA EP under EU law. The only thing you had to do is show marriage certificate and proof that wife is in Lithuania and you are joining her. Did you do that?, did you get a written confirmation of the grounds of refusal. You should object to the fine and any subsequent costs you had incurred in this regard.

Thanks for your reply,
I handed over Original Marriage certificate which is also attested to them, told them that My wife is in Lithuania and I am going to join her. But they didn't let me transit. i have all the documents they gave me with receipts but those documents are in German. I need help what I should do. Thanks

[Jamkhan12345]

All three of the above answers have some merit depending on the situation.
CR001 says did you change terminals, if you did you would have to go trough immigration and enter German territory so would need a visa to enter. If you got off the plane and stayed in the same terminals transit lounge to get connecting flight that would have been ok.
That you might have a Residence permit from the UK as the partner of an EU citizen does not allow you to enter Germany unless you are joining or traveling with your partner which it seems you were not doing in Germany.
You could try contacting Solvit to see if they can help, maybe that you have evidence that you were traveling to join partner will work.

I would say fight it and appeal otherwise it will be on record that you tried to illegally enter an EU country and you don't want that on your record.

1- there was no need to change of terminal at Frankfurt but i had to pass through Immigration counter coz my flight was from UK which is not a part of schengen.
2- I was going to Lithuania not Germany to Join my Wife and son.
3- Thanks I am trying my best to do everything I can- I wrote to Europa.eu and they said they are shocked to hear that this has happened. I will write to Solvit but please kindly tell me anything else you think can be useful for me to do at this point.
Thanks

[CR001]

1- there was no need to change of terminal at Frankfurt but i had to pass through Immigration counter coz my flight was from UK which is not a part of schengen.

I don't understand this point. I have family who frequently travel via Frankfurt to and from UK/South Africa without Schengen visas and they have never had to pass through Immigration Control as no change in Terminal of departure and never had any problems.

[mgb]

The flight route of the OP was international to domestic flight and not international to international.

[mgb]

3- Thanks I am trying my best to do everything I can- I wrote to Europa.eu and they said they are shocked to hear that this has happened. I will write to Solvit but please kindly tell me anything else you think can be useful for me to do at this point.
Thanks

You should have got a refusal in writing. There is a right of appeal mentioned on this paper.

[waqasars]

You should have a letter from your wife and you are joining her in Lithuania.

[Jamkhan12345]

3- Thanks I am trying my best to do everything I can- I wrote to Europa.eu and they said they are shocked to hear that this has happened. I will write to Solvit but please kindly tell me anything else you think can be useful for me to do at this point.
Thanks

You should have got a refusal in writing. There is a right of appeal mentioned on this paper.

Thanks I am seeking legal advice and i have 30 days time to appeal against the decsion and fine I paid.

[Jamkhan12345]

You should have a letter from your wife and you are joining her in Lithuania.

Well marriage certificate & Family Visa wasn't enough for them so i doubt that letter would do anything different. Although, my mrs was on skype and phone but they were not ready to talk.

[waqasars]

Written letter have different value. anyways good luck with appeal.

[mgb]

You should have a letter from your wife and you are joining her in Lithuania.

Well marriage certificate & Family Visa wasn't enough for them so i doubt that letter would do anything different. Although, my mrs was on skype and phone but they were not ready to talk.

The officers simply ignored eu law.
Which proof has to be presented is definded in the eu directive and not in schengen law.
The right of free movement is a basic eu right.

[mgb]

Thanks I am seeking legal advice and i have 30 days time to appeal against the decsion and fine I paid.

You should take an german lawyer which has some experience with eu law.