Immigration. “Typical case-4”
Disproportionate entry bans and SIS records
Typical situation
Sometimes the main problem is not the decision on the residence permit itself but the additional sanctions:
- a multi-year ban on entry into Lithuania and the Schengen area,
- a record in the Schengen Information System (SIS),
- automatic refusal of all subsequent visa or residence applications based solely on that record.
This is applied for:
- formal breaches (incorrect address, employer, income details),
- alleged “fictitious” activity,
- older administrative or criminal offences.
Migration Department decision
- Entry bans and SIS records are often applied automatically, as an “add-on” to the main decision.
- The impact on the person’s family, children and ties in Lithuania is not properly assessed.
What we do in such cases
- We separate the dispute about status (LLG/LNG/VNJ) from the dispute about the entry ban/SIS.
- In court we argue that the sanction must be proportionate, especially where there is no serious crime or deliberate repeated abuse.
- We present evidence of family, employment and social ties in Lithuania showing that a total ban on entering the Schengen area is too harsh.
- We rely on case-law where courts annul or shorten entry bans specifically on proportionality grounds.
Case example from practice: representing a client in a dispute with the Migration Department regarding a decision to ban entry to Lithuania and simultaneously enter an alert in the SIS (Schengen Information System) refusing entry and stay, the courts annulled the decision. The case emphasized that even where an infringement is formally established, the authority must provide an individualized justification and apply measures proportionately to the person’s specific circumstances; purely declaratory reasons or “template” wording are not sufficient. The client was also awarded litigation costs.
Results in practice
- In several cases we managed to lift previously imposed entry bans and SIS records, giving clients a chance to return to Lithuania legally in the future.
- In some cases the courts did not cancel the ban entirely but shortened its duration, taking into account family circumstances and the nature of the breach.
- There are also cases where the sanctions remained unchanged – particularly where deliberate and repeated false data had been submitted.
If your situation is similar
Even if the decision on your current status is negative, a separate review of the SIS record and entry ban is often worthwhile – this may be the only way to come back to Lithuania legally later on.
