Version valid from 1 September 2015

 

REPUBLIC OF LITHUANIA

LAW

ON THE LEGAL STATUS OF ALIENS

 

29 April 2004   No IX-2206

Vilnius

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1. Purpose and Scope of the Law

1. This Law shall establish the procedure of entry and departure, stay and residence, granting of asylum and temporary protection in the Republic of Lithuania, the procedure of integration and lodging of appeals against the decisions concerning the legal status of aliens and shall regulate other issues relating to the legal status of aliens in the Republic of Lithuania.

2. The provisions of this Law have been harmonised with the provisions of legal acts of the European Union specified in the Annex to this Law.

21. Citizens of the Member States of the European Union and of the European Free Trade Association shall be subject to the provisions of Chapters I, II, V, VI, VII, IX, X and XI of this Law, whereas their family members and other persons who enjoy the right of free movement under legal acts of the European Union shall be subject also to the provisions of Section I of Chapter III of this Law.

3. The Law shall not apply to aliens who enjoy the privileges and immunities under international treaties and other legal acts of the Republic of Lithuania.

4. The provisions of other laws of the Republic of Lithuania shall apply to legal relationships regulated by this Law to the extent they are not regulated by this Law, apart from the exception specified in paragraph 5 of this Article.

5. The provisions of this Law regulating work permits and residence permits in the Republic of Lithuania shall apply to the relationships related to the implementation of the project of a new nuclear power plant to the extent they are not regulated by the Law of the Republic of Lithuania on the Nuclear Power Plant.

 

Article 2. Definitions

1. Manifestly unfounded application for asylum means an application by an alien for asylum in the Republic of Lithuania in which there is clearly no substance to the applicant’s claim of fear of persecution in the country of origin or it is based on fraud or is an abuse of asylum procedures and it is clear that for the above-mentioned reasons it fails to meet the criteria established in this Law for the granting of asylum in the Republic of Lithuania.

2. Travel document of a stateless person means a document, issued in accordance with the provisions of the 1954 Convention relating to the Status of Stateless Persons to a stateless person not holding citizenship of any foreign state but holding a document which entitles to reside in the Republic of Lithuania, granting the right to leave and return to the Republic of Lithuania for the period of validity of the document.

3. Higher professional qualifications means qualifications attested by evidence of a higher-education diploma or, where it is provided for in legal acts of the Republic of Lithuania, attested by at least five years of professional experience of a level comparable to higher education qualifications and which is relevant in the profession or sector specified in the employment contract or written undertaking.

4. Family members of a citizen of an EU Member State mean the person’s spouse or the person with whom a registered partnership has been contracted, his direct descendants who are under the age of 21 or are dependants, including direct descendants of the spouse or person with whom the registered partnership has been contracted, who are under the age of 21 or those who are dependants, the dependent direct relatives in the ascending line of a citizen of an EU Member State, of the spouse or of the person with whom the person has contracted a registered partnership.

41. Repealed as of 1 January 2013.

5. Citizen of an EU Member State means an alien holding citizenship of an EU Member State.

6. Fictitious enterprise means a private legal person entered on the Register of Legal Entities, which was established or acquired not with the aim of pursuing in the Republic of Lithuania the activities specified in the instruments of incorporation of such legal person, but with the aim of obtaining a residence permit in the Republic of Lithuania by an alien – participant of such legal person as defined in the Civil Code of the Republic of Lithuania (hereinafter: a 'participant'), manager, member of a collegial management or supervisory body.

61. Registered partnership of convenience means a registered partnership contracted by a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania and an alien who is not a citizen of an EU Member State when it is contracted with the aim of obtaining a residence permit in the Republic of Lithuania and not seeking to create other legal consequences of a registered partnership established by legal acts of the Republic of Lithuania.

62. Marriage of convenience means a marriage contracted between a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania and an alien who is not a citizen of an EU Member State with the aim of obtaining a residence permit to reside in the Republic of Lithuania and not seeking to create other legal consequences of marriage established by legal acts of the Republic of Lithuania.

63. Fake adoption means the adoption procedure carried out by a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania and an alien who is not a citizen of an EU Member State with the aim of obtaining a residence permit in the Republic of Lithuania and not seeking to create other legal consequences of adoption established by legal acts of the Republic of Lithuania.

7. Return to a foreign state means the procedure whereby an alien voluntarily complies with an obligation to leave the Republic of Lithuania or is expelled to a country which is not an EU Member State or a Member State of the European Free Trade Association.

71. Humanitarian reasons means an illness, other acute health impairment or condition, personal reasons which an alien could not foresee and avoid, force majeure due to which the alien is unable to leave the Republic of Lithuania.

8. Expulsion from the Republic of Lithuania means a compulsory transportation or removal of an alien from the territory of the Republic of Lithuania in accordance with the procedure laid down in legal acts.

9. Obligation to leave the Republic of Lithuania means a decision taken in accordance with the procedure laid down in legal acts obliging an alien to leave voluntarily within the set time limit for an EU Member State or a Member State of the European Free Trade Association in which he is entitled to stay or reside.

10. Travel document means the passport of a national of a foreign state or an equivalent document intended for travelling to a foreign state and recognised in the Republic of Lithuania.

11. Country of origin means the country of citizenship of an alien or, where it is impossible to establish the citizenship of the alien or where the alien is a stateless person, the country where he has his permanent place of residence.

111. Any other person who enjoys the right of free movement under legal acts of the European Union means a person who is not a family member of a citizen of an EU Member State but is a cohabiting partner with whom the citizen of the EU Member State has durable, duly attested relationship during the past three years, as well as a person who is a dependant or a member of the household of the citizen of the EU Member State, or where serious health grounds strictly require his personal care by the citizen of the EU Member State, if duly attested.

112. Letter of invitation means a document confirming the undertaking of a natural or legal person of the Republic of Lithuania to ensure that an alien entering the Republic of Lithuania is properly accommodated throughout the period of his stay in the Republic of Lithuania under a visa and that, where necessary, the costs of the alien’s return to his country of origin or a foreign state to which he has the right to leave are covered.

12. Temporary territorial asylum means the right granted to an alien in accordance with the procedure laid down in this Law to stay in the Republic of Lithuania pending the examination of his application for asylum.

121. Temporary protection means immediate and temporary protection granted to an alien in accordance with the procedure laid down by this Law in the event of a mass influx to the European Union of aliens who are unable to return to their country of origin or in the event of an imminent mass influx.

13. Work permit in the Republic of Lithuania (hereinafter: 'work permit') means a document granting an alien the right to work in the Republic of Lithuania for a period specified therein.

14. Temporary residence permit in the Republic of Lithuania (hereinafter: 'temporary residence permit') means a document granting an alien the right for temporary residence in the Republic of Lithuania for a period specified therein.

15. Permit of a long-term resident of the Republic of Lithuania to reside in the European Union (hereinafter: 'permanent residence permit') means a document granting an alien the right to reside in the Republic of Lithuania and certifying the alien’s permanent resident status.

16. Unaccompanied minor alien means an alien below the age of 18 who arrives on the territory of the Republic of Lithuania unaccompanied by parents or other legal representatives or who, after he has entered the territory of the Republic of Lithuania, is left unaccompanied until effectively taken into the care of the above-mentioned persons.

161. Minor alien means an alien below the age of 18.

17. Refugee’s travel document means a travel document issued to a refugee in accordance with the provisions of the 1951 Convention relating to the Status of Refugees, granting the refugee the right to leave and return to the territory of the Republic of Lithuania for the period of validity of the document.

18. Refugee means an alien who has been granted refugee status in the Republic of Lithuania in accordance with the procedure laid down in this Law.

181. Vulnerable persons means persons with special needs (such as minors, disabled people, people over the age of 75, pregnant women, single parents with minor children,  persons suffering from mental disorders, victims of trafficking in human beings, or persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

182. Application for asylum means a request made in any form by an alien with regard to granting of asylum in the Republic of Lithuania.

19. Examination of an application for asylum as to substance means an investigation for the purpose of establishing whether or not the applicant should be granted refugee status or subsidiary protection and whether or not there are grounds for refusing to grant refugee status or subsidiary protection.

20. Asylum applicant means an alien who has lodged in accordance with the procedure laid down in this Law an application for asylum in respect of which a final decision has not yet been taken.

   21. Repealed as of 1 March 2015.

22. Family members of an asylum applicant mean the spouse of the asylum applicant or the person with whom a registered partnership has been contracted, the children of the couple or one of them (adopted children irrespective of whether they have been adopted according to the legal acts of the Republic of Lithuania) (hereinafter: 'children') where such children are minors and unmarried, as well as the father/adoptive father, mother/adoptive mother (hereinafter: 'father, mother') or a guardian/curator of the minor and unmarried asylum applicant, where the family already existed in the country of origin and the family members are present on the territory of the Republic of Lithuania pending the examination of the application for asylum.

23. Asylum in the Republic of Lithuania means refugee status or subsidiary protection granted to an alien in the Republic of Lithuania on the grounds and in accordance with the procedure laid down by this Law.

24. Safe country of origin means the alien’s country of origin in which, on account of the legal situation, the application of the law and the general political circumstances, it may  be safely assumed that neither persecution on the grounds of race, religion, citizenship, belonging to a certain social group or due to political convictions nor torture, cruel, inhuman or degrading treatment as punishment or violation of the human rights and fundamental freedoms is being practised; there is no threat by reason of indiscriminate violence in situations of international or internal armed conflict, or, by the Decision of the Council of the European Union, the alien’s country of origin has been entered in the minimum common list of safe countries of origin or the alien’s country of origin has been entered in the national list, which is approved by the Minister of the Interior, of safe third countries which have not been entered in the minimum common list of safe countries of origin.

25. Safe third country means a country which is not the alien’s country of origin but is a state party to the 1951 Convention relating to the Status of Refugees and/or the 1967 Protocol relating to Refugee Status as well as the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms and/or the 1966 International Covenant on Civil and Political Rights, implementing the provisions of the above-mentioned instruments and providing a feasible possibility under national laws to apply for and be granted asylum according to the established procedure.

251. Residence card of a family member of a Union citizen (hereinafter: an 'EU residence card') means a document attesting the right to reside temporarily or permanently in the Republic of Lithuania by a family member of a citizen of an EU Member State or any other person who enjoys the right of free movement of persons under legal acts of the European Union, where such persons are not citizens of the EU Member State.

26. Family members mean the spouse or the person with whom a registered partnership has been contracted, minor children/adopted children (hereinafter: 'children'), including the minor children of the spouse or the person with whom a registered partnership has been contracted, on condition that they are not married and are dependent, as well as direct relatives in the ascending line who have been dependent for at least one year and are unable to use the support of other family members residing in a foreign state.

27. Family reunification means the entry into and residence in the Republic of Lithuania by family members of an alien who is not a citizen of the European Union but lawfully resides in the Republic of Lithuania in order to preserve the family unit, irrespective of whether the family relationship arose before or after the alien’s entry.

271. Schengen acquis means the totality of legal acts consisting of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, the Schengen Convention, protocols and agreements of Member States on the accession to the Convention implementing the Schengen Agreement, the decisions and declarations of the Schengen Executive Committee, other legal acts adopted on the basis of the Schengen Agreement and  the Schengen Convention.

272. Schengen Convention means the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on gradual implementation of abolition of checks at their common borders.

273. Schengen State means the state that has acceded to the Schengen Convention or the state in which the complete Schengen acquis is applied.

274. Schengen visa means a Schengen visa issued  in compliance with the provisions of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (hereinafter: the 'Visa Code') and the Schengen acquis.

28. Legal representative means the parents or other persons who, under the legal acts of the country whose citizen or permanent resident a minor alien is, are responsible for the minor staying in the Republic of Lithuania.

281. Suitable residential premises means residential premises which meet construction, hygiene and fire safety requirements.

29. Alien’s passport means a document issued to a national of a foreign state who has the right to reside in the Republic of Lithuania but for objective reasons is unable to obtain travel documents from his country of origin, where such document grants him the right to leave and return to the Republic of Lithuania for the period of validity of the document.

30. Alien’s registration certificate means a document certifying the status of the asylum applicant or, in the cases where the identity of the asylum applicant has been established in accordance with the procedure laid down by the Minister of the Interior, his identity and his right to temporary territorial asylum in the Republic of Lithuania.

31. Alien’s detention means temporary accommodation of an alien in the Foreigners’ Registration Centre, where the alien’s freedom of movement is restricted on the grounds and for the period specified by this Law.

32. Alien means any person other than a citizen of the Republic of Lithuania irrespective of whether he is a national of a foreign state or a stateless person.

33. Visa means an authorisation in the form of a sticker affixed to an alien’s travel document entitling to enter, stay in or transit through the Republic of Lithuania.

 

Article 3. Rights and Duties of Aliens in the Republic of Lithuania

1. Aliens in the Republic of Lithuania shall enjoy the rights and freedoms provided for by the Constitution of the Republic of Lithuania, international treaties, laws of the Republic of Lithuania and legal acts of the European Union.

2. Aliens in the Republic of Lithuania shall be equal before the law, irrespective of their sex, race, nationality, language, origin, social status, religion, convictions or views.

3. Aliens in the Republic of Lithuania must observe the Constitution of the Republic of Lithuania, laws and other legal acts of the Republic of Lithuania.

4. At the request of officers of the police or any other law enforcement institution, aliens must produce documents confirming their identity (travel document, residence permit or any other document) as well as other documents specifying the purpose and conditions of their stay in the country and attesting to the lawfulness of an alien’s stay in the Republic of Lithuania.

 

Article 4. Control of Stay and Residence of Aliens in the Republic of Lithuania

1. The stay and residence of aliens in the Republic of Lithuania shall be controlled by the police, the Migration Department under the Ministry of the Interior (hereinafter: the 'Migration Department'), the State Border Guard Service under the Ministry of the Interior (hereinafter: the 'State Border Guard Service') in association with state and municipal institutions and agencies of the Republic of Lithuania.

2. Assessment of a threat posed by an alien to national security shall be carried out by the State Security Department of the Republic of Lithuania (hereinafter: the 'State Security Department'), while assessment of a threat to public policy or the community shall be carried out by the Police Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter: the 'Police Department') or the State Border Guard Service.

3. Upon the receipt of an alien’s application for the issue of a residence permit in the Republic of Lithuania (hereinafter: a 'residence permit'), the Migration Department must, in deciding on the granting of asylum in the Republic of Lithuania or temporary protection to the alien, apply to the institutions specified in paragraph 2 of this Article which, within their remit, assess whether there are threats to national security, public policy or the community as specified in paragraph 2 of this Article. A residence permit shall be granted to an alien only upon the receipt by the said institutions of the conclusion that the alien does not represent a threat to national security and public policy or the community. Asylum in the Republic of Lithuania or temporary protection shall be granted to an alien only upon the receipt of the conclusion that the alien does not represent a threat to national security as well as the conclusion that the alien who is granted subsidiary protection in accordance with the procedure laid down by this Law does not represent a threat to the community, while an alien who is granted refugee status or temporary protection has not been convicted by an effective court judgment of a grave crime and represents a threat to the community. The conclusions specified in this paragraph shall be submitted not later than within 14 calendar days from the receipt of an application. In the event that, for important reasons, the State Security Department and the Police Department or the State Border Guard Service is not able to submit conclusions specified in this Article within the set time limit, they shall inform the Migration Department thereof. The total duration of the time limit for the submission of conclusions may not exceed 28 calendar days.

  4. Having obtained the information that an alien who has been issued a residence permit or any other document confirming his right to reside in the Republic of Lithuania as specified in this Law represents a threat to national security, the State Security Department shall immediately notify the Migration Department about this and the latter shall, not later than within 14 calendar days, withdraw the issued residence permit or the alien’s right to reside in the Republic of Lithuania and shall immediately inform the alien about this.

5. Having established that an alien who has been issued a residence permit or any other document confirming his right to reside in the Republic of Lithuania as specified in this Law represents a threat to public policy, the Police Department or the State Border Guard Service shall immediately notify the Migration Department about this and the latter

shall, not later than within 14 calendar days, take a decision on the withdrawal of the issued residence permit or the alien’s right to reside in the Republic of Lithuania and shall immediately inform the alien about this.

6.  The State Security Department, having obtained the information that an alien who has been granted refugee status, subsidiary or temporary protection represents a threat to national security, the Police Department or the State Border Guard Service, having established that an alien who has been granted subsidiary protection represents a threat to the community, an alien who has been granted refugee status or temporary protection is convicted by an effective court judgment of a grave crime and represents a threat to the community, shall immediately notify the Migration Department about this. The Migration Department shall take a decision on the withdrawal of refugee status, supplementary or temporary protection not later within 14 calendar days of receipt of the information, having received the alien’s oral or written explanations. If the Migration Department takes a decision to withdraw refugee status, supplementary or temporary protection, the grounds for appeal against the decision must be clarified for the alien.

 

CHAPTER II

ENTRY OF ALIENS INTO THE REPUBLIC OF LITHUANIA

 

Article 5. Entry of Aliens into the Republic of Lithuania

1. Aliens who enter the Republic of Lithuania or leave it shall be subject to the provisions of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (hereafter: the ‘Schengen Borders Code').

2. The presence of aliens in the transit zones of international airports of the Republic of Lithuania shall not be considered as entry into the territory of the Republic of Lithuania.

3. Where an alien lodges an application for asylum in the Republic of Lithuania, the decision on the alien’s admission or refusal of admission into the Republic of Lithuania shall be taken by the Migration Department.

 

Article 6. Obligation to be in Possession of a Valid Travel Document

1. In order to enter the territory of the Republic of Lithuania and stay therein, an alien must be in possession of a valid travel document unless otherwise established in the treaties of the Republic of Lithuania and legal acts of the European Union or by the Government of the Republic of Lithuania.

2. When crossing the external borders of the European Union or the internal borders of the European Union during temporary reintroduction of border control at such borders, an alien must produce a valid travel document at the border crossing point.

3. The procedure regulating the recognition of valid travel documents of aliens entitling the aliens to come to the Republic of Lithuania and the list of such documents shall be established and approved by the Minister of Foreign Affairs together with the Minister of the Interior.

 

Article 7. Repealed on the day of entry into force of the Schengen Convention in the Republic of Lithuania.

 

Article 8. Grounds for Refusing an Alien Admission into the Republic of Lithuania

1. The conditions of refusing an alien admission into the Republic of Lithuania shall be established in compliance with the Schengen Borders Code.

2. A decision to refuse an alien admission into the Republic of Lithuania shall be taken by the State Border Guard Service, except for the case specified in Article 5(3) of this Law.

3. Repealed.

 

Article 9. Control of Aliens Entering the Republic of Lithuania

1. The State Border Guard Service shall, in accordance with the procedure laid down by legal acts of the Republic of Lithuania, control the entry of aliens into the Republic of Lithuania across the external borders of the European Union as well as across the internal borders of the European Union during temporary reintroduction of border control.

2. When admitting an alien into the Republic of Lithuania, officers of the State Border Guard Service must establish whether he fulfils the conditions set out in the Schengen Borders Code and whether there are grounds specified in the Schengen Borders Code precluding the alien’s entry into the Republic of Lithuania.

3. When exercising control of the entry of aliens, the State Border Guard Service shall cooperate with the relevant state institutions and agencies of the Republic of Lithuania, institutions of foreign states and international organisations in compliance with the international treaties that have come into effect in respect of the Republic of Lithuania and other legal acts.

 

Article 10. Unlawful Entry into the Republic of Lithuania

The entry of an alien into the Republic of Lithuania shall be considered unlawful if the alien enters by violating the Schengen Borders Code.

 

CHAPTER III

STAY AND RESIDENCE OF ALIENS

IN THE REPUBLIC OF LITHUANIA

 

SECTION I

VISAS

 

Article 11. Visa-free Travel Regime and Requirement to Be in Possession of a Visa

1. The entry into and stay in the Republic of Lithuania of an alien who is not a citizen of an EU Member State shall be subject to the provisions of Council Regulation (EC) No 539/2001 of 15 March 2001 with all subsequent amendments, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those third countries whose nationals are exempt from that requirement (hereinafter: the 'Visa Regime Regulation'). In the cases established by the Visa Regime Regulation, the Government of the Republic of Lithuania may grant exemptions from the visa requirement.

2. An alien to whom a visa-free regime is applied shall have the right to enter the Republic of Lithuania and stay in the Republic of Lithuania without a visa; however, he may stay in the Republic of Lithuania and any other Schengen State for a maximum of 90 days in a 180-day period.

3. An alien who is in possession of a valid Schengen visa may enter the Republic of Lithuania and stay in the Republic of Lithuania for a period specified in the visa; however, he may stay in the Republic of Lithuania and any other Schengen State for a maximum of 90 days in a 180-day period.

4. An alien who is not a citizen of an EU Member State but who is in possession of an EU residence card issued by one of the EU Member States may enter the Republic of Lithuania and stay in the Republic of Lithuania without a visa for a maximum of 90 days in a 180-day period.

5. An alien who is not specified in paragraph 4 of this Article but who is in possession of a residence permit or a national visa issued by any other Schengen State shall have the right during the validity of the residence permit or the national visa to enter the Republic of Lithuania and stay in the Republic of Lithuania without a visa for a maximum of 90 days in a 180-day period.

 

6. The possession of a visa shall automatically give the right to enter the Republic of Lithuania.

7. Civilian crew members of ships that call at the ports of the Republic of Lithuania who are in possession of seafarer’s identity documents issued in compliance with the following conventions of the International Labour Organization: Convention No. 108 Concerning Seafarers’ Identity Documents adopted on 13 May 1958 or Convention No. 185 Revising the Convention Concerning Seafarers’ Identity Documents adopted on 16 June 2003, or the Convention of International Maritime Organization on Facilitation of International Maritime Traffic adopted on 9 April 1965, as well as civilian seafarers who come to ships within the period of validity of the visa, who appear on the crew list and who are in possession of seafarers’ identity documents referred to in this paragraph shall be permitted to go ashore in the Republic of Lithuania without a visa and stay within the area of the municipality, where their ships call, during the ship’s stay in the port, but no longer than for six months.

 

Article 12. Types of Visas

There shall be the following types of visas:

1) a Schengen visa;

2) a national visa.

 

Article 121. Schengen Visa

1. The procedures and conditions set out in the Visa Code shall apply to the issue of the Schengen visa.

2. The biometric identifiers (the facial image and ten fingerprints) shall be collected from an alien applying for a Schengen visa and entered on the Register of Aliens in order to verify his identity, with the exception of the cases provided for in the Visa Code.

 

Article 122. Repealed as of 1 January 2013.

 

Article 13. Repealed as of 1 January 2013.

 

Article 14. Repealed as of 1 January 2013.

 

Article 15. Repealed as of 1 January 2013.

 

Article 16. Repealed as of 1 January 2013.

 

Article 17. National Visa (D)

1. An alien in possession of a national visa may enter the Republic of Lithuania and stay in the Republic of Lithuania for a period specified in the visa. This period may last up to 12 months.

2. A national visa may be single-entry and multiple-entry. The national visa shall be issued to an alien upon submitting a document evidencing health insurance coverage.

3. A single-entry national visa shall be issued to an alien who has been granted a temporary or permanent residence permit in the Republic of Lithuania.

4. A multiple-entry national visa shall be issued to an alien whose purpose of entry into the Republic of Lithuania is long-term stay in the Republic of Lithuania.

5. An alien who periodically comes to the Republic of Lithuania to work or engage in any other lawful activity and whose main place of residence is in a foreign state shall be issued a multiple-entry national visa.

6. The biometric identifiers (the facial image and ten fingerprints) shall be collected from an alien applying for a national visa and entered on the Register of Aliens in order to verify his identity, with the exception of the cases where such requirement is not applied to the issue of visas in compliance with the Visa Code.

 

Article 18. Repealed as of 1 January 2013.

 

Article 19. Grounds for Refusing to Issue a National Visa and for Annulment of a Visa

An alien shall be refused a national visa and the issued national visa shall be annulled if:

1) he does not fulfil the conditions of entry set out in the Schengen Borders Code;

2) in order to be issued a visa, the alien has not provided the required information about the purpose and conditions of the journey, about the available means of subsistence during the period of his stay in the Republic of Lithuania or made statements of substantive fact which are untrue;

3) in order to be issued a visa, the alien has presented documents containing signs of counterfeiting;

4) there are serious grounds for believing that the alien may engage in unlawful activities in the Republic of Lithuania which incur liability under the laws of the Republic of Lithuania;

5) he is on the national no-entry list;

6) it has been decided to obligate him to leave, to return or to expel him from a Schengen State;

7) he has humiliated by an action, word of mouth or in writing the visa issuing officers and civil servants regarding their activities or the State of the Republic of Lithuania;

8) there are serious grounds for believing that he has committed a crime against peace, a crime against humanity or a war crime within the meaning defined in laws of the Republic of Lithuania, international treaties or other sources of international law, or that he has instigated or otherwise participated in committing such crimes;

9) he has not submitted documents evidencing health insurance coverage, when such documents are required during the journey;

10) there are serious grounds for believing that a risk of illegal immigration of the alien may emerge.

 

Article 20. Repealed as of 1 January 2013.

 

Article 21. Issue of a Visa, Refusal of a Visa, Holding of Consultations, Annulment of a Visa and Revocation of a Schengen Visa

1. An alien shall submit supporting documents to a diplomatic mission or consular post of the Republic of Lithuania and, in the absence of such, the documents for the issue of the Schengen visa shall be submitted to a diplomatic mission or consular post of the Schengen State representing the Republic of Lithuania. In the cases established by the Minister of the Interior together with the Minister of Foreign Affairs, the alien may also submit supporting documents at a border crossing point, at the institution authorised by the Minister of the Interior or at the Ministry of Foreign Affairs of the Republic of Lithuania.

2. The Republic of Lithuania may represent another/other Schengen State/States or be represented by another/other Schengen State/States on the issues relating to the issue of Schengen visas and in accordance with the agreements concluded with another/other Schengen State/States.

3. Decisions to issue or refuse to issue a visa, to annul it or to revoke a Schengen visa shall be taken:

1) on the issue, refusal or annulment of all types of visas, or revocation of Schengen visas - by the Consular Department of the Ministry of Foreign Affairs of the Republic of Lithuania;

2) on the issue, refusal or annulment of all types of visas, or revocation of Schengen visas - by the diplomatic missions and consular posts of the Republic of Lithuania;

3) on the issue or refusal of Schengen visas at a border crossing point, annulment of all types of visas or revocation of Schengen visas - by the State Border Guard Service;

4) on the issue or refusal of all types of visas, annulment of all types of visas or revocation of Schengen visas - by the Migration Department;

5)  on the issue or refusal of Schengen visas, annulment and revocation of Schengen visas - by the competent authorities of a Schengen State representing the Republic of Lithuania under an agreement on representation with regard to matters of the issue of a Schengen visa.

4. In the cases provided for in the Visa Code, a Schengen visa shall be issued to an alien only after consultation of the Migration Department with other Schengen States.

5. In the cases and in accordance with the procedure laid down in paragraph 9 of this Article, a Schengen visa and a national visa shall be issued to an alien only after consultation of the Migration Department with other institutions.

6. A decision to extend a Schengen visa or to refuse to extend it or a decision to verify a letter of invitation shall be taken by the institutions authorised by the Minister of the Interior.

7. The list of state institutions and agencies which issue visas to aliens shall be approved by the Minister of the Interior together with the Minister of Foreign Affairs.

8. An alien may also submit supporting documents through a commercial intermediary accredited by a diplomatic mission or a consular post of the Republic of Lithuania, an authorised honorary consul or a chosen external service provider.

9. The Minister of the Interior together with the Minister of Foreign Affairs shall lay down a procedure for verifying a letter of invitation, submitting supporting documents, holding consultations, issuing a visa or refusing to issue it, extending, or refusing to extend a visa,  annulling a visa and revoking a Schengen visa, accrediting commercial intermediaries and selecting external service providers. This procedure shall apply in so far as the Visa Code does not regulate the said issues.

 

Article 22. Invalid Visa

1. A visa shall be invalid:

1) upon the expiry of the period of its validity;

2) if it is lost;

3) if it is annulled;

4) if it contains signs of counterfeiting;

5) upon the issue of a new visa;

6) upon the issue of a residence permit;

7) if it is damaged due to technical or other reasons and therefore is not fit for use;

8) where the travel document to which the visa sticker is affixed becomes invalid, with the exception of the cases referred to in paragraph 2 of this Article.

2. Where a valid visa sticker is affixed to the invalid travel document in which all pages have been used for visas or entry and/or exit stamps, it shall be recognised as valid if an alien also produces any other valid travel document.

 

Article 23. Illegal Stay in the Republic of Lithuania

The stay of an alien in the Republic of Lithuania shall be considered illegal if the alien:

1) has stayed in the Republic of Lithuania for a period exceeding the period of stay established for aliens in Article 11(2) to (5) and (7) of this Law;

2) stays in the Republic of Lithuania after the expiry of the period of validity of his visa;

3) stays in the Republic of Lithuania holding an annulled visa;

4) is in possession of a counterfeit travel document;

5) is in possession of a counterfeit visa;

6) stays in the Republic of Lithuania without a visa where it is necessary to possess a visa;

7) stays in the Republic of Lithuania without a valid travel document, except for asylum applicants;

8) has unlawfully entered the Republic of Lithuania.

 

SECTION II

RESIDENCE OF ALIENS IN THE REPUBLIC OF LITHUANIA

 

Article 24. Residence Permit in the Republic of Lithuania

1. A residence permit shall grant an alien the right to reside in the Republic of Lithuania, to choose a place of residence in the Republic of Lithuania, to change the place of residence, to leave and return to the Republic of Lithuania during the period of validity of the residence permit.

2. Biometric identifiers (the facial image and two fingerprints) of an alien shall be electronically incorporated into a residence permit to confirm the alien’s identity, with the exception of the cases provided for in Regulation (EC) No 1030/2002. The Minister of the Interior shall set out the format of a residence permit pursuant to Regulation (EC) No 1030/2002.

 

Article 25. Types of Residence Permits

Aliens shall be issued the following residence permits:

1) a temporary residence permit;

2) a permanent residence permit.

 

Article 26. Conditions of Issue or Renewal of a Residence Permit

1. A residence permit may be issued or renewed to an alien if the alien:

1) fulfils the conditions of entry set out in the Schengen Borders Code;

2) is in possession of a valid document evidencing health insurance coverage when, in the cases established by laws of the Republic of Lithuania, he is not covered by compulsory health insurance or, in the cases and in accordance with the procedure laid down by the Government of the Republic of Lithuania, he holds a verified letter of commitment of a citizen of the Republic of Lithuania or an alien residing in the Republic of Lithuania to cover the costs of the health care services provided to him during the period of his residence in the Republic of Lithuania;

3) has sufficient means of subsistence and/or receives regular income which is sufficient for his stay in the Republic of Lithuania;

4) possesses by the right of ownership the suitable residential premises in the Republic of Lithuania in which he intends to declare his place of residence, provided that the residential area per each adult person who has declared the place of residence at it would not be less than seven square metres, or uses the said residential premises under a lease or loan for use contract, provided that the duration of the relevant contract is not shorter than the period of validity of the temporary residence permit and has been registered in accordance with the established procedure, or presents a letter of commitment of a natural or legal person, verified in accordance with the procedure laid down in legal acts, to provide him with suitable residential premises at which he will declare his place of residence and which will meet the requirements for residential area per person for the period of validity of the temporary residence permit,

5) produces a list of his visits and stays in foreign states,

6) provides detailed information about himself, (former and/or current) relations with persons residing in the Republic of Lithuania (including citizens of other foreign states residing in the Republic of Lithuania), as well as relations with intelligence, security and/or military institutions of foreign states.

2. The conditions specified in points 2 to 5 of paragraph 1 of this Article shall not apply to an alien who has been taken into guardianship/curatorship is established, an alien who is allowed to stay in the Republic of Lithuania because he is or was a victim of trafficking in human beings or illegal employment and cooperates with pre-trial investigation bodies or the court in combating trafficking in human beings or crimes related to trafficking in human beings or illegal employment, in the cases of particularly exploitative employment conditions or the employment of a minor or in the interests of national security, as well as to an alien who, according to the Law of the Republic of Lithuania on Citizenship, has the right to restore the citizenship of the Republic of Lithuania or is of Lithuanian descent.

3. The conditions set out in points 2 to 5 of paragraph 1 of this Article shall not apply to an alien who has been granted temporary protection or asylum in the Republic of Lithuania or the family members of an alien who has been granted asylum in the Republic of Lithuania, who have, within three months after the granting of asylum in the Republic of Lithuania, applied for the issue of a residence permit by virtue of family reunification.

31. When a temporary residence permit is issued to an alien who intends to learn or study, or where a temporary residence permit is renewed for such alien, the residential area of the suitable residential premises per person intending to declare his place of residence at the said residential premises (including the persons who have already declared the place of residence at that premises) must be not less than four square metres.

32. The requirement of the residential area of the suitable residential premises, as set in point 4 of paragraph 1 of this Article, shall not apply to an alien to whom a temporary residence permit has been issued or renewed on the grounds laid down in Article 40(1)(4), where the employer has recruited him under an employment contract to do the work related to regular travelling on international routes or where the employer posts him to perform work in any other EU Member State or a Member State of the European Free Trade Association under a contract for provision of services or performance of works in that Member State, during the period of work of the said alien in that State.

4. If an alien fails to provide the information specified in point 6 of paragraph 1 of this Article or refuses to provide it, his application for the issue of a residence permit shall not be accepted.

5. The provisions of paragraph 1 of this Article, except for the obligation of an alien to be in possession of a valid travel document provided for in Article 6(1) of this Law, shall not apply in case of renewal of a permanent residence permit.

6. If, when issuing or renewing a residence permit, it is established that another Schengen State has entered an alert in the Central Schengen Information System for the purposes of refusing the alien entry in accordance with the provisions of the Schengen Convention, the Migration Department must consult this Schengen State and take account of its interests. The residence permit may only be issued or renewed on humanitarian grounds or because of international obligations.

7. The Migration Department shall consult other Schengen States on issuing a residence permit to an alien for whom an alert has been issued for the purposes of refusing entry by the Republic of Lithuania. If, after consultations with the Republic of Lithuania, another Schengen State issues the alien a residence permit or if he is already in possession of a valid residence permit issued by one of the Contracting States, the alert entered in the Central Schengen Information System for the purposes of refusing entry shall be withdrawn, however, the data on such an alien must be transferred to the national no-entry list.

 

Article 27. Alien’s Means of Subsistence for Obtaining a Residence Permit

The amount of means of subsistence that may be considered sufficient for an alien applying for a residence permit in the Republic of Lithuania shall be established by the Minister of Social Security and Labour.

 

Article 28. Issue of a Residence Permit

1. When issuing an alien a residence permit for the first time, the alien shall usually be issued a temporary residence permit, except for the cases established by this Law.

2. An alien who applies for the issue of a residence permit for the first time must lodge an application for the issue of a residence permit with a diplomatic mission or consular post of the Republic of Lithuania abroad.

3. An alien who is legally staying in the territory of the Republic of Lithuania may lodge an application for the issue of a residence permit, including one lodged for the first time, with the institution authorised by the Minister of the Interior, however, the lodging of such an application shall not entitle the alien to stay in the territory of the Republic of Lithuania before the alien’s application is examined and a decision is taken.

4. In the cases laid down by this Law, an application for the issue of a temporary residence permit to an alien may be lodged with the institution authorised by the Minister of the Interior not only by the alien himself, but also by the entities referred to in Article 43(2), Article 44(4), Article 441(2) or Article 492(2) of this Law.

 

Article 29. Renewal of a Residence Permit

1. A residence permit issued to an alien shall be renewed on the grounds specified by this Law.

2. An alien must lodge an application for the renewal of a residence permit with the institution authorised by the Minister of the Interior.

 

Article 30. Repealed as of 16 December 2006.