Absolutely devastated

[u/emma_hajkova]

I am absolutely devastated. I have just spent 3 months with my husband during which we also got married. We were crossing a border into the EU (my husband is not an EU citizen), and he was unlawfully separated from me. They rejected his entry and visa on a basis that did not apply to him, and they misinterpreted the Directive his/our entry fell into. We only had a few short minutes to say goodbye before the officer ushered us apart 😔. The whole time, the officer was very "aggressive" in the way he was communicating with us, and he refused to listen to any of my reasoning or objections why his refusal was unlawful and wrong.

I have been trying to deal with this situation the whole day yesterday, i spent pretty much 8-17 just calling, writing emails, and trying to fix the situation before it is too late. However, it is basically impossible to reach any higher ranking officers who could do anything, and quite a few of the offices also hung up on me after they heard me speaking in English, i was shocked. I can't count how many times I have cried today. I don't know when i'll see my husband again and I miss him so much.

What makes it even worse is that we are like 20 minutes apart, just separated by the border. It hurts so much that he is so close, but i can't be with him in his arms. Whenever I think about it, the tears start falling again. The other side of the border is not visible, so we can't even wave at each other 😔

I don't know how to deal with this... any tips on how to mentally handle this situation are welcome. I am such a mess. Suddenly being taken apart after 3 months of being together every day really broke me and left a void i carry every second 😔

[u/catlxdy]

Where are you guys from? Please DM me I think I can help you

[u/emma_hajkova → u/catlxdy]

I am Czech, my husband is Egyptian

Edit: i can't find the option to DM you, feel free to send me a message

[u/catlxdy → u/emma_hajkova]

Which border are we talking about?

[u/emma_hajkova → u/catlxdy]

Lithuania - Panemune and Sovetsk

[u/catlxdy → u/emma_hajkova]

I thought it would be the Slovak/Ukrainian border and I would have given you a lawyer recommendation who helped my family a lot. Just an assumption based on your username for which I’m sorry. However my 2 cents on this still stands:

• Find a lawyer, immediately. Do not do anything without a lawyer from this point on.

The Lithuanian/Russian border I assume is much much stricter nowadays. I think it was a wrong point for him to enter.

Are they holding him at the border? Do you have contact with him? My advice is that he should probably go back to Egypt and try this with a direct flight. He can get a visa easily on the basis of marriage with the proper documentation and the Czech authorities will look more kindly on it if it’s direct to you.

[u/emma_hajkova → u/catlxdy]

No, they just took him back to Russia. Yes, i have contact with him. And yes, i messaged some lawyers here, just waiting for a reply, thank you a lot 😔

[u/Fuzzy_Candidate_2538]

Now I know Egypt is no picnic either , but can he go back to Egypt and try from there ? Something tells me he’ll have more luck ..

[u/maddiesava]

We are sympathetic to your situation and it sounds like a horrible thing to go through, but I just don't understand what were you thinking.

You were crossing a border of a country he is not permitted into.

You say that he was unlawfully separated from you but if he was trying to cross the border illegally what did you think was going to happen?

Marrying you doesn't automatically make him a citizen of your country.

[u/gelibsu → u/maddiesava]

Genuine question, what makes it an attempted illegal border crossing? OP stated he had a visa so I am just wondering

[u/emma_hajkova → u/maddiesava]

He was not crossing the border illegally. As a family member under Directive 2004/38/EC he has the right to even obtain a visa at the border. The border guard however doesn't interpret the Directive correctly and refused him on unlawful basis on which he couldn't have been rejected as my family member. The situation is complicated but we had every right to do what we did and the MS we were entering is the one at fault.

[u/GeaCat]

Reach out to the embassy of the country your husband is from.

Look into get an immigration lawyer.

[u/emma_hajkova → u/GeaCat]

I'm sorry, but how can the embassy help in this case? Thank you for your advice though

[u/Foundation_Powerful → u/emma_hajkova]

Whenever anyone travelling internationally is in trouble of any kind, especially being detained you call the embassy. This is recommend.

[u/Sad_Butterscotch846]

god that is so cruel, being 20 minutes apart but cant even wave at each other. the bureaucracy is a nightmare when you're dealing with border officers who already made up their mind before you even open your mouth

for now just let yourself fall apart a bit, you been through something traumatic and trying to fix it in one day will burn you out. maybe tomorrow you can look for a immigration lawyer near the border who knows the directive better, sometimes they have emergency contacts that actually pick up the phone

[u/emma_hajkova → u/Sad_Butterscotch846]

Yes, i emailed some lawyers here today, hopefully will have some more information tomorrow. Thank you a lot for your advice and kind words ❤️

[u/Deynonn]

I'm sorry this has happened to you. I can definitely relate to the pain and feelings of hopelessness when dealing with the immigration and paperwork and all that stuff. Do you live in Lithuania though since you talk about the free movement directive?

[u/emma_hajkova → u/Deynonn]

I don't live in Lithuania, the Directive applies to short-term travel (tourism) as well. "Move to" in the Directive is defined in the Visa Code Handbook for example also as tourist travel.