Article 1. Amendment to Article 2

1. Article 2 shall be supplemented with paragraph 10¹ as follows:

‘10¹. Travel authorisation means a decision taken in accordance with Regulation (EU) 2018/1240.’

2. Article 2(34) shall be amended as follows:

‘34. Other concepts used in this Law shall be interpreted as they are defined in the Visa Code, Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC and Regulation (EU) 2018/1240.’

Article 2. Amendment to the title of Section One of Chapter III

The title of Section One of Chapter III shall be amended as follows:

‘SECTION ONE

TRAVEL AUTHORISATION AND VISAS’.

Article 3. Amendment to Article 11

1. The title of Article 11 shall be amended as follows:

‘Article 11. Requirement to be in possession of a travel authorisation under visa-free travel regime and requirement to be in possession of a visa’.

2. Article 11(2) shall be amended as follows:

‘2. A foreigner enjoying visa-free travel shall have the right to enter the Republic of Lithuania and stay in the Republic of Lithuania subject to being in possession of a valid travel authorisation if it is required under Regulation (EU) 2018/1240, 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. A foreigner being in possession of a travel permit with limited territorial validity issued in accordance with Article 44 of Regulation (EU) 2018/1240 and granting the right to stay in the territory of the Republic of Lithuania may enter and stay in the Republic of Lithuania for a maximum of 90 days from the date of first entry on the basis of this authorisation.’

3. Article 11(10) shall be amended as follows:

‘10. Mere possession of a travel authorisation or a visa shall not confer an automatic right of entry into the Republic of Lithuania.’

Article 4. Amendment to Article 19

Article 19(1)(12) shall be amended as follows:

‘12) another Schengen State has entered in respect of the foreigner in the Schengen Information System an alert for refusal of admission in accordance with the provisions of Regulation (EC) No 1987/2006, an alert for refusal of entry and stay in accordance with the provisions of Regulation (EU) 2018/1861, or an alert on return in accordance with the provisions of Regulation (EU) 2018/1860 accompanied by a prohibition on entry or he is placed on the national no-entry list;’.

Article 5. Supplementation of the Law with Article 20¹

The Law shall be supplemented with Article 20¹ as follows:

‘Article 20¹. Taking of decisions on travel authorisations

Decisions on the issue or refusal, annulment or revocation of a travel authorisation shall be taken by the State Border Guard Service in compliance with the provisions of Regulation (EU) 2018/1240 and in accordance with the procedure established by the Minister of the Interior and coordinated with the Minister of Foreign Affairs.’

Article 6. Amendment to Article 23

1. Point 2 of Article 23 shall be amended as follows:

‘2) stays in the Republic of Lithuania after the expiry of the period of validity of his travel authorisation or visa;’.

2. Point 3 of Article 23 shall be amended as follows:

‘3) stays in the Republic of Lithuania under an annulled or revoked travel authorisation or visa;’.

3. Point 6 of Article 23 shall be amended as follows:

‘6) stays in the Republic of Lithuania without a travel authorisation or a visa, where he is required to be in possession of a travel authorisation or a visa;’.

4. Point 9 of Article 23 shall be amended as follows:

‘9) is placed on the national no-entry list, or another Schengen State has entered in respect of the foreigner in the Schengen Information System an alert for refusal of admission in accordance with the provisions of Regulation (EC) No 1987/2006, an alert for refusal of entry and stay in accordance with the provisions of Regulation (EU) 2018/1861, except in the case provided for in the Visa Code, when a visa with limited territorial validity is issued to the foreigner, or the case provided for in Regulation (EU) 2018/1240, when a travel authorisation with limited territorial validity is issued to the foreigner and these circumstances transpire during the foreigner’s stay in the Republic of Lithuania.’.

Article 7. Amendment to Article 26

1. Article 26(6) shall be amended as follows:

‘6. If, when issuing or renewing a residence permit, it is established that another Schengen State has entered in respect of a foreigner in the Schengen Information System an alert for refusal of admission in accordance with the provisions of Regulation (EC) No 1987/2006, an alert for refusal of entry and stay in accordance with the provisions of Regulation (EU) 2018/1861, or an alert on return in accordance with the provisions of Regulation (EU) 2018/1860 accompanied by a prohibition on entry, the Migration Department must consult this Schengen State and take account of its interests. The residence permit may only be issued or renewed for humanitarian reasons or because of international obligations.’

2. Article 26(7) shall be amended as follows:

‘7. The Migration Department shall consult other Schengen States on issuing a residence permit or a national visa to a foreigner in respect of whom the Republic of Lithuania has issued an alert for refusal of admission in accordance with the provisions of Regulation (EC) No 1987/2006, an alert for refusal of entry and stay in accordance with the provisions of Regulation (EU) 2018/1861, or an alert on return in accordance with the provisions of Regulation (EU) 2018/1860 accompanied by a prohibition on entry. If, after consultations with the Republic of Lithuania, another Schengen State issues a residence permit or a national visa to the foreigner or if he is already in possession of a valid residence permit or a valid visa issued by one of the Contracting States, the alert for refusal of admission in accordance with the provisions of Regulation (EC) No 1987/2006 or the alert for refusal of entry and stay in accordance with the provisions of Regulation (EU) 2018/1861 shall be deleted from the Schengen Information System.’

Article 8. Amendment to Article 35

Article 35(1)(3) shall be amended as follows:

‘3) another Schengen State has entered in respect of the foreigner in the Schengen Information System an alert for refusal of admission in accordance with the provisions of Regulation (EC) No 1987/2006, an alert for refusal of entry and stay in accordance with the provisions of Regulation (EU) 2018/1861, or an alert on return in accordance with the provisions of Regulation (EU) 2018/1860 accompanied by a prohibition on entry and there are no grounds for issuing a residence permit for humanitarian reasons or because of international obligations or he is placed on the national no-entry list;’.

Article 9. Amendment to Article 53

1. Article 53(1)(8) shall be amended as follows:

‘8) the foreigner has lawfully resided in the Republic of Lithuania for an uninterrupted period of the preceding five years holding a document granting or attesting to the right of residence in the Republic of Lithuania as referred to in this Law or a national visa;’.

2. Article 53(3) shall be amended as follows:

‘3. A foreigner who is issued a permanent residence permit must fulfil the conditions set out in points 1 to 3 of Article 26(1) of this Law. When the permanent residence permit is issued to the foreigner on the grounds laid down in points 8 and 8¹ of paragraph 1 of this Article, the procedure for determining and calculating the period of lawful residence shall be established by the Minister of the Interior.’

3. Article 53 shall be supplemented with paragraph 8¹ as follows:

‘8¹. When issuing a permanent residence permit to a foreigner on the ground laid down in point 8 of paragraph 1 of this Article, the period of residence in the Republic of Lithuania shall not include periods when the purpose of the foreigner’s entry into the Republic of Lithuania is short-term and related to temporary activities of non-continuous character.’

Article 10. Amendment to Article 62

Article 62(1¹) shall be amended as follows:

‘1¹. A foreigner referred to in paragraphs 2 to 5 of Article 11 of this Law may, during his legal stay in the Republic of Lithuania, work in the Republic of Lithuania if he has been issued a work permit or if he fulfils the conditions for exemption from the obligation to obtain a work permit as set out in points 7 to 13 or 15 of Article 58 of this Law.’

Article 11. Amendment to Article 98¹

Article 98¹(1) shall be amended as follows:

‘1. An assessment of a threat to national security or public policy represented by a national of an EU Member State or his family member must in each specific case be based exclusively on the conduct of the person in question. The person’s conduct must represent a genuine, present and sufficiently serious threat. The assessment may not be based on circumstances not related to a specific case, general prevention or exclusively on the commission of a criminal act.’

Article 12. Amendment to Article 124

Article 124(1) shall be amended as follows:

‘1. A foreigner must leave the Republic of Lithuania before the expiry of the period of validity of a travel authorisation, a visa or a temporary residence permit.’

Article 13. Amendment to Article 125

1. Article 125(1)(1) shall be amended as follows:

‘1) the foreigner’s travel authorisation or visa has been annulled or revoked;’.

2. Article 125(1)(3) shall be amended as follows:

‘3) the foreigner stays in the Republic of Lithuania after the expiry of the period of validity of his travel authorisation or visa;’.

Article 14. Amendment to Article 133

Article 133(1) shall be amended as follows:

‘1. A foreigner who has been refused a travel authorisation or whose travel authorisation has been annulled or revoked on the basis of one or more of the grounds laid down in points a-e of Article 37(1) of Regulation (EU) 2018/1240 or who has been refused a visa or whose visa has been annulled or whose Schengen visa has been revoked or who has been refused a residence permit or whose residence permit has been withdrawn, a foreigner who has been refused admission into the Republic of Lithuania, has been imposed the obligation to leave the Republic of Lithuania, has been returned to a foreign state, has been transferred to a foreign state under an international treaty on the readmission of persons residing without authorisation to which the Republic of Lithuania is a party or has attempted to leave the Republic of Lithuania, or left it, unlawfully or a foreigner who does not have the right to reside in the Republic of Lithuania and fails to comply with obligations to the customs or has failed to pay a fine(s) imposed in accordance with the procedure laid down by laws of the Republic of Lithuania may be subject to an entry ban prohibiting entry into the Republic of Lithuania for a period not exceeding five years.’

Article 15. Amendment to Article 140³

Point 1 of Article 140³ shall be amended as follows:

‘1) another Schengen State has entered in respect of the foreigner in the Schengen Information System an alert for refusal of admission, an alert for refusal of entry and stay in accordance with the provisions of Regulation (EU) 2018/1861, or an alert on return in accordance with the provisions of Regulation (EU) 2018/1860 accompanied by a prohibition on entry;’.

Article 16. Amendment to the Annex to the Law

1. The Annex to the Law shall be supplemented with point 30 as follows:

‘30. Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226, as last amended by Regulation (EU) 2021/1152 of the European Parliament and of the Council of 7 July 2021.’

2. Point 30 of the Annex to this Law shall be renumbered as point 31 of the Annex to this Law.

3. The Annex to the Law shall be supplemented with points 32 and 33 as follows:

‘32. Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals, as last amended by Regulation (EU) 2021/1152 of the European Parliament and of the Council of 7 July 2021.

33. Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006, as last amended by Regulation (EU) 2021/1152 of the European Parliament and of the Council of 7 July 2021.’

Article 17. Entry into force, application and implementation of the Law

1. Articles 9-11 of this Law shall enter into force on 1 February 2022.

2. Examination of applications for the issue of a permanent residence permit in the Republic of Lithuania lodged by foreigners before to the entry into force of Article 9 of this Law shall be completed and decisions on the issue of a permanent residence permit in the Republic of Lithuania to a foreigner shall be taken in compliance with the provisions of Article 9 of this Law.

3. The Minister of the Interior of the Republic of Lithuania shall, by 31 January 2022, adopt implementing legislation related to the implementation of the provisions of Article 9 of this Law.

4. The Minister of the Interior of the Republic of Lithuania and the Minister of Foreign Affairs of the Republic of Lithuania shall adopt the implementing legislation of this Law related to the application of the provisions of Regulation (EU) 2018/1860, Regulation (EU) 2018/1861 and Regulation (EU) 2018/1240 within four months from the publication in the Official Journal of the European Union of the decision of the European Commission as referred to in Article 88(1) of Regulation (EU) 2018/1240 or in Article 66(2) of Regulation (EU) 2018/1861 but not later than prior to the commencement of the application of these Regulations.

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

President of the Republic Gitanas Nausėda