Official translation
REPUBLIC OF LITHUANIA
LAW
ON THE LEGAL STATUS OF ALIENS
29 April 2004 No. IX-2206
As amended by 28 November 2006 No X- 924
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose and Scope of the Law
1. This Law shall establish entry and exit, temporary or permanent residence, granting of asylum, integration and naturalisation procedure as well as the procedure for filing an appeal against 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 the EU legal acts indicated in the annex to this Law.
3. The Law shall not apply to foreign citizens 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 with respect to legal relations regulated by this Law to the extent they are not subject to the regulation by this Law.
Article 2. Definitions
As used in this Law:
1. Manifestly unfounded application for asylum means an application by an alien for asylum in the Republic of Lithuania in which he has not established a prima facie case for refugee status, there is clearly no substance to the applicant’s claim to fear persecution in the country of origin or it is based on false or misleading representations or is an abuse of asylum procedures and it is clear that for the above-mentioned reasons the applicant is excluded from refugee status as he meets none of the criteria established in this Law for granting asylum in the Republic of Lithuania.
2. Travel document of a stateless person means a document issued in accordance with the provisions of 1954 Convention relating to the Status of Stateless Persons to a stateless person not considered as a citizen by any foreign state who is lawfully staying in the Republic of Lithuania, granting the right to depart from and return to the Republic of Lithuania for the period of validity of the document.
3. Residence permit of a citizen of a Member State of the European Communities means a document granting any person who is a citizen of an EU Member State and the person’s family member the right to reside in the Republic of Lithuania.
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/her 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.
4(1). Residence permit in the Republic of Lithuania of a family member of a citizen of an EU Member State (hereinafter referred to as an EU residence permit) means the document granting a member of the family of the citizen of an EU Member State, who is not a citizen of an EU Member State, the right to live in the Republic of Lithuania.
6. Marriage of convenience means a marriage concluded between a citizen of the Republic of Lithuania or an alien legally residing in the Republic of Lithuania and an alien who is not a citizen of an EU Member State with the sole aim of obtaining for the alien a residence permit to reside in the Republic of Lithuania and not seeking to create other legal consequences of marriage established by the legal acts of the Republic of Lithuania.
6(1). Fictitious adoption means the adoption procedure carried out with respect to a citizen of the Republic of Lithuania or an alien legally residing in the Republic of Lithuania or an alien who is not a citizen of an EU Member State in order to receive a residence permit for the Republic of Lithuania and not seeking to create other legal consequences of adoption established by the legal acts of the Republic of Lithuania.
6(2). Fictitious registered partnership means a registered partnership contracted by a citizen of the Republic of Lithuania or an alien legally residing in the Republic of Lithuania and an alien who is not an EU Member State citizen when it is contracted in order to receive a residence permit for the Republic of Lithuania and not seeking to create other legal consequences of a registered partnership established by the legal acts of the Republic of Lithuania.
7. Return to a foreign country means transfer of an alien to his country of origin or a foreign country to which he has the right to depart on the decision agreed with that state according to the procedure established by legal acts;
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 established by legal acts.
9. Obliging to depart from the Republic of Lithuania means a decision taken in the manner prescribed by legal acts obliging an alien to depart voluntarily within the specified time period from the territory of the Republic of Lithuania.
10. Travel document means the passport of a foreign citizen or a travel document equivalent to it, intended for travelling to a foreign country and recognised in the Republic of Lithuania.
11. State of origin means the state of citizenship of the alien or, where the citizenship of the alien may not be established or if the alien is a stateless person, the state where he has his permanent place of residence.
12. Temporary territorial refuge means the right granted to an alien according to the procedure established by this Law to stay in the Republic of Lithuania pending the examination of the asylum application.
13. Work permit in the Republic of Lithuania 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 (hereafter – temporary residence permit) means a document granting an alien the right for a temporary residence in Lithuania for a period specified therein.
15. The right of a long term resident of the Republic of Lithuania to reside in the European Community (hereafter - permit to permanently reside) – means a document entitling the alien to reside in the Republic of Lithuania and certifying the alien’s official status of permanent resident.
16. Unaccompanied alien minor means an alien below the age of 18 years who arrives on the territory of the Republic of Lithuania unaccompanied by parents or any other adult responsible for him by law or who is left unaccompanied by any of the above-mentioned persons after he has entered the territory of the Republic of Lithuania.
17. Refugee’s travel document means travel document issued to the refugee in accordance with the provisions of 1951 Convention relating to the Status of Refugees, granting the refugee the right to travel outside 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 the status of a refugee admitted as such in the Republic of Lithuania in the manner established by this Law.
19. Examination of an asylum application as to substance means investigation for the purpose of establishing whether or not the applicant should be accorded the status of refugee or subsidiary protection and whether or not there are grounds for refusing to grant the status of refugee or subsidiary protection.
20. Asylum applicant means an alien who has filed an asylum application according to the procedure established in this Law.
21. Temporary accommodation of an asylum applicant means accommodation of the asylum applicant in an appropriate place without restricting his freedom of movement.
22. Family members of an asylum applicant means the spouse of the asylum applicant or the person with whom a registered partnership has been contracted, the children of the couple or of one of them (adopted children irrespective of whether they have been adopted according to the legal acts of the Republic of Lithuania) (hereinafter referred to as children) below the age of 18 years, on condition that they are unmarried as well as the father (adoptive father), mother (adoptive mother) or guardian (caretaker) of the minor asylum applicant, in so far as the family already existed in the country of origin and during the examination of the asylum application the family members are present on the territory of the Republic of Lithuania.
23. Asylum in the Republic of Lithuania means the granting of the status of refugee, subsidiary protection or temporary protection to an alien on the grounds and following the procedure established 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 can 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 inhuman or degrading treatment or punishment or violation of the fundamental human rights are being practised.
25. Safe third country means a state which is not the alien’s country of origin but is a state party to 1951 Convention relating to the Status of Refugees and/or 1967 Protocol relating to Refugee Status as well as 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms and/or 1966 International Covenant on Civil and Political Rights, implementing the provisions of the above-mentioned instruments and providing an effective possibility under citizen laws to apply for and be granted asylum according to the established procedure.
26. Family members means the spouse or the person who has concluded partnership agreement or an agreement equivalent to it, in so far as the family already existed in the country of origin, the children of the couple or of one of them (adopted children irrespective of whether they have been adopted as defined under the laws of the Republic of Lithuania) below the age of 18 years, on condition that they are unmarried and dependent as well as relatives according to direct ascending line who have been dependent for at least one year and unable to make use of the support of other family members residing in a foreign country.
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 residing lawfully in the Republic of Lithuania in order to preserve the family unit, whether the family relationship arose before or after the alien’s entry.
28. Authorised representative means a person who, under the laws of the state of citizenship or permanent residence of an alien minor, is responsible for the minor during his stay on the territory of the Republic of Lithuania.
29. Alien’s passport means a document issued to a foreign citizen having the right to reside in the Republic of Lithuania but unable for objective reasons to obtain travel documents from his country of origin, granting the right to depart from 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 the manner laid down by the Minister of the Interior, his identity and his right to temporary refuge on the territory of the Republic of Lithuania.
31. Alien’s detention means temporary accommodation of an alien in the Aliens 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 foreign citizen or a stateless person.
Article 3. Rights and Duties of Aliens in the Republic of Lithuania
1. In the Republic of Lithuania aliens shall enjoy the rights and freedoms provided by the Constitution of the Republic of Lithuania, international agreements, laws of the Republic of Lithuania and legal acts of the European Union.
2. In the Republic of Lithuania aliens shall be equal before the law without distinction as to sex, race, citizenship, language, religion, 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 police or other law enforcement institution officers, 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 presence in the state and attesting to the lawfulness of the alien’s stay in the Republic of Lithuania.
Article 4. Control of Lawful Stay and Residence of Aliens in the Republic of Lithuania
The lawful stay and residence of aliens in the Republic of Lithuania shall be controlled by the police in conjunction with other law enforcement institutions, public and municipal authorities and agencies of the Republic of Lithuania.
Article 5. Crossing State Borders
1. Aliens may enter into the territory of the Republic of Lithuania or exit from it only through the border control posts.
2. Requirements set in respect of entry into the territory of the Republic of Lithuania, except for the conditions specified in subparagraphs 1, 4 and 5 of Article 7 of this Law, shall not apply to members of the crews of sea vessels entering via sea ports of the Republic of Lithuania.
Article 6. Obligation to Have a Valid Travel Document
1. In order to enter the territory of the Republic of Lithuania and stay therein an alien shall have a valid travel document, unless otherwise established by the international treaties of the Republic of Lithuania, legal acts of the European Union and the Government of the Republic of Lithuania.
Article 7. Conditions of Alien’s Admission into the Republic of Lithuania
An alien shall be admitted to the territory of the Republic of Lithuania if:
1) the alien is in possession of a valid travel document, unless otherwise established by the international treaties of the Republic of Lithuania, legal acts of the European Union and the Government of the Republic of Lithuania.
2) the alien has a valid visa of the Republic of Lithuania, unless otherwise established by the international treaties of the Republic of Lithuania, legal acts of the European Union or the Government of the Republic of Lithuania, or holds a valid temporary residence permit or permanent residence permit, or a residence permit of a citizen of an European Community Member State or an EU residence permit ;
3) the alien is in possession of documents specifying the purpose and conditions of the alien’s entry into the Republic of Lithuania, the available means of subsistence to maintain himself during his stay in the Republic of Lithuania or the lawful source thereof, the available means for returning to his country of origin or for travelling in transit to another state via the territory of the Republic of Lithuania as well as and produces them on request;
4) the alien is not on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania;
Article 8. Grounds for Refusing Admission of an Alien into the Republic of Lithuania
1. An alien shall be refused admission into the territory of the Republic of Lithuania:
2) if it is discovered that the alien has stayed the Republic of Lithuania for the time period identified in an international treaty of the Republic of Lithuania, an EU legal act or by the Government of the Republic of Lithuania as the time period of visa-less stay;
3) where it transpires that at the border control post the alien misrepresented the personal information indicated in subparagraph 3 of Article 7 of this Law;
4) if there are grounds to believe that the alien may engage in the Republic of Lithuania in illegal business which make him liable under the laws of the Republic of Lithuania;
6) where there are grounds to believe that the alien produced a forged travel document when entering the Republic of Lithuania;
7) where there are serious grounds to believe that the alien has committed a crime against humanity or a war crime or committed genocide within the meaning defined in the laws of the Republic of Lithuania, international treaties and other sources of international law;
2. A decision to refuse an alien admission into the territory of the Republic of Lithuania in the cases specified in paragraph 1 of this Article shall be taken by the State Border Protection Service under the Ministry of the Interior (hereinafter - State Border Protection Service).
3. If an alien submits an application for the granting of asylum in the Republic of Lithuania, the decision to refuse the alien admission into the territory of the Republic of Lithuania shall be made by the Migration Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter – Migration Department).
Article 9. Control of Aliens Entering the Republic of Lithuania
1. The crossing of the state border of the Republic of Lithuania by aliens shall be controlled by the State Border Protection Service in the manner established by the laws of the Republic of Lithuania.
2. Admitting an alien into the Republic of Lithuania the State Border Protection Service officers must ascertain whether he meets the conditions set in this Law and whether there are reasons specified in this Law precluding the alien’s admission into the Republic of Lithuania.
3. When exercising control over the entering aliens, the State Border Protection Service shall cooperate with the relevant public authorities and institutions of the Republic of Lithuania, foreign state institutions and international organisations in compliance with the international treaties which have come into effect in respect of the Republic of Lithuania and other legal acts.
Article 10. Illegal Entry into the Republic of Lithuania
The entry of an alien into the Republic of Lithuania shall be considered illegal if the alien:
1) enters into the Republic of Lithuania despite having been included on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania;
3) when entering the Republic of Lithuania produces another person’s document or a forged travel document;
4) enters the Republic of Lithuania without a valid travel document and without an appropriate document entitling him to enter the Republic of Lithuania;
Article 11. A Visa
1. A visa shall be issued to an alien holding a valid travel document if the period of validity thereof exceeds by 3 months the period of validity of the visa the issue whereof is applied for.
2. A visa shall not entitle an alien to study, learn, or engage in in-service training or professional training activity, to work or engage in other income-generating activities in the Republic of Lithuania. The Minister of the Interior, in conjunction with the Minister for Foreign Affairs, shall specify the cases according to the procedure laid down by legal acts which may be exempt from this provision.
3. According to the procedure established by legal acts the provisions of paragraph 1 of this Article may be derogated from for serious humanitarian reasons listed in this Law, paragraph 1 of Article 20 and subparagraphs 8 and 11 of paragraph 1 of Article 40, due to citizen interests or international commitments, if the validity period of the alien’s travel document is longer than his visa validity period and the alien meets other conditions for the issue of visas laid down in paragraph 1 of Article 17 of this Law.
Article 12. Types of the Visa
1. There shall be the following types of the visa:
Article 13. Airport Transit Visa (A)
1. An airport transit visa intended for passing through the transit zone of international airport of the Republic of Lithuania may be single-entry or double-entry.
2. A single-entry airport transit visa shall entitle an alien to a single entry of the transit zone of the international airport of the Republic of Lithuania.
3. A dual-entry airport transit visa shall entitle an alien to two entries of the transit zone of the international airport of the Republic of Lithuania.
4. An alien in possession of an airport transit visa shall be entitled to pass through the transit zone of the international airport of the Republic of Lithuania during a stopover or a transfer between two sections of an international flight.
5. An airport transit visa shall be issued to an alien who holds a visa or a residence permit issued by the foreign country of his final destination to which he travels in transit via the international airport of the Republic of Lithuania or who possesses a permit to travel to another state.
6. Possession of an airport transit visa shall not entitle an alien to enter or stay on the territory of the Republic of Lithuania.
7. The Minister of the Interior together with the Minister of Foreign Affairs shall approve the list of states whose citizens or persons who, though not citizens of the states, possess travel documents issued by the competent authorities of the said states, shall be subject to airport transit visa regime.
Article 14. Transit Visa (B)
1. A transit visa intended for passing in transit through the territory of the Republic of Lithuania may be single-entry, dual-entry or multiple-entry.
2. A single-entry transit visa entitles an alien for one entry for transit through the territory of the Republic of Lithuania (for outward journey.
3. A dual-entry transit visa authorises transit through the Republic of Lithuania for both outward and return journeys.
4. A multiple-entry transit visa entitles an alien to several transits through the territory of the Republic of Lithuania during the term of visa’s validity.
5. Each time the stay in the Republic of Lithuania of an alien who is in possession of a transit visa may not exceed five days.
6. A transit visa shall be issued to an alien who is in possession of a visa or residence permit issued by a foreign country to which he transits through the territory of the Republic of Lithuania or to which he is entitled to proceed .
Article 15. Short-stay Visa (C)
1. A short-stay visa entitles an alien to enter the Republic of Lithuania for an intended stay for a period whose total duration does not exceed three months in any six-month period calculated from the date of entry into the Republic of Lithuania.
3. A single-entry short-stay visa may be issued to an alien for a single visit during the visa’s validity period.
4. A multiple-entry short-stay visa may be issued to an alien for the period of one-year or, by way of exception, upon agreement of the issue with the Minister of Foreign Affairs of the Republic of Lithuania, for a period exceeding one year but for not longer than five years.
Article 16. Long-stay Visa (D)
1. A long-stay visa entitles an alien to enter the Republic of Lithuania for a stay exceeding 3 months.
3. A single-entry long-stay visa shall be issued to an alien who has been granted a permit of temporary or permanent residence in the Republic of Lithuania.
4. A multiple-entry long-stay visa shall be issued to an alien who enters the Republic of Lithuania for an intended stay in the Republic of Lithuania for a long period.
Article 17. Conditions Governing the Issue of Visas
1. A visa may be issued to an alien if:
1) the alien possesses a valid travel document, unless otherwise established by the international treaty of the Republic of Lithuania, a legal act of the European Union or the Government of the Republic of Lithuania;
2) the alien is in possession of documents substantiating the purpose and the conditions of the visit and stay in the Republic of Lithuania, the available means of subsistence for the period of the planned stay in the Republic of Lithuania or the source from which the alien is in the position to acquire such means, the available means for return to the alien’s country of origin or for transit via the territory of the Republic of Lithuania to another state, the list of visits and stays in foreign states and produces them as necessary;
3) the alien is not on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania;
4) the alien’s stay in the Republic of Lithuania poses no threat to public security, public order or public health;
5) the alien is in possession of a valid document in evidence that he has sickness insurance coverage;
2. When examining the alien’s visa application, regard must be had to his legal status in the country where the alien’s visa application has been filed.
3. In the interests of citizen security, where this is required for guaranteeing the constitutional order of the State, its defence capabilities or security, upon agreement with the Ministry of Foreign Affairs of the Republic of Lithuania the application of conditions of visa issue prescribed by subparagraphs 2 and 6 of paragraph 1 of this Article may be derogated from upon agreement with the Ministry of Foreign Affairs.
Article 18. Grounds for Refusing the Issue of a Visa
An alien shall be refused the issue of a visa if:
1) the alien fails to produce, when required, documents substantiating the purpose and the conditions of the entry and stay in the Republic of Lithuania, the available the position to acquire such means, the available resources for return to the alien’s country of origin or for transit via the territory of the Republic of Lithuania to another state, the list of visits and stays in foreign states;
5) there are grounds to believe that the alien may engage in the Republic of Lithuania in illegal business which will makes him liable under the laws of the Republic of Lithuania;
6) he is on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania;
7) the alien’s stay in the Republic of Lithuania poses a threat to public security, public order or public health;
8) where there are serious grounds to believe that he has committed a crime against humanity or a war crime or committed genocide within the meaning defined in the laws of the Republic of Lithuania, international treaties and other sources of international law;
Article 19. Grounds for the Annulment of a Visa
1. A visa issued to an alien shall be annulled if:
1) applying for a visa, the alien misrepresented the information specified in paragraph 3 of Article 7 of this Law;
Article 20. Grounds for Extending the Period of Stay in the Republic of Lithuania for an Alien in Possession of a Visa
1. For an alien whose visa expired the period of stay in the Republic of Lithuania in possession of a visa may be extended for any of the following reasons which emerged after the issue of the visa:
1) acute illness, any other health disorder or condition of organism precluding the alien’s departure from the Republic of Lithuania:
3) personal reason which the alien could not have foreseen and could not avoid its emergence during his stay in the Republic of Lithuania being in possession of a visa;
Article 21. Issuing a Visa, Refusing the Issue of a Visa, Extending the Period of Stay being in Possession of a Visa, Visa Annulment
1. An alien shall submit documents for the issue of a visa to the diplomatic mission or consular post of the Republic of Lithuania abroad and in the cases specified by the Minister of the Interior in conjunction with the Minister of Foreign Affairs – at the border control post, the institution authorised by the Minister of the Interior or at the Ministry of Foreign Affairs of the Republic of Lithuania.
2. Decisions on the issue of a visa or refusal to issue a visa shall be made by:
2) diplomatic missions and consular posts of the Republic of Lithuania abroad regarding all types of visas;
3) the State Border Protection Service regarding short-stay and transit visas in the cases specified by the Minister of the Interior together with the Minister of Foreign Affairs;
3. Decision on the extension of the period of stay being in possession of a visa shall be made by the institutions authorised by the Minister of the Interior.
4. Decision on the annulment of a visa shall be made:
1) before the entry into the Republic of Lithuania - by the diplomatic missions or consular posts of the Republic of Lithuania abroad;
2) when the alien is at the border control post and in the Republic of Lithuania – by the State Border Control Service;
5. The list of state institutions and agencies at which aliens are issued visas shall be approved by the Minister of the Interior upon agreement with the Minister of Foreign Affairs.
6. The procedure regulating the filing of documents enclosed with the visa application and the issue of a visa at the border control posts, extension of the period of stay being in possession of a visa, annulment of a visa shall be established by the Minister of the Interior in conjunction with the Minister of Foreign Affairs.
Article 22. Invalid Visa
A visa shall be invalid:
Article 23. Illegally Staying in the Republic of Lithuania
An alien’s staying in the Republic of Lithuania shall be deemed illegal if the alien:
1) has been staying in the Republic of Lithuania for a period exceeding the period of visa-less stay set by an international treaty of the Republic of Lithuania, an EU legal act or the Government of the Republic of Lithuania;
3) is staying in the Republic of Lithuania holding an annulled visa after the expiration of the term of expulsion from the Republic of Lithuania;
7) is staying in the Republic of Lithuania without a valid travel document, save for asylum applicants;
Article 24. Residence Permit in the Republic of Lithuania
A residence permit in the Republic of Lithuania (hereinafter – 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 depart from and return to the Republic of Lithuania during the period of validity of the residence permit.
Article 25. Types of Residence Permits
Article 26. Conditions of Issue or Renewal of Residence Permit
1. A residence permit may be issued or renewed to an alien if the alien:
2) has a valid document evidencing insurance against sickness when in the cases provided for by the laws of the Republic of Lithuania he is not covered by compulsory health insurance, or in the cases and according to the procedure established by the Government of the Republic of Lithuania he has the confirmed commitment of a citizen of the Republic of Lithuania or an alien residing in the Republic of Lithuania to pay the charges for the health care services provided to him during his residence in the Republic of Lithuania ;
3) has adequate means of subsistence and/or receives regular revenue which is sufficient for his stay in the Republic of Lithuania;
4) he owns a place of accommodation in the Republic of Lithuania or uses accommodation upon a contract of lease or a 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 the established manner, or presents an undertaking of a natural or legal person to provide him with a place of residence for the period of validity of the temporary residence permit, approved in the manner established by legal acts;
2. The conditions established in subparagraphs 2 to 5 of paragraph 1 of this Article and subparagraphs 1 and 2 of Article 7 of this Law may be derogated from according to the procedure established by legal acts with respect to an alien who has been put under guardianship or curatorship, who has been given residence permit in the Republic of Lithuania, as he is or has been a victim of human trafficking and cooperates with the pre-trial investigation body or the court in the fight against trafficking in human beings or in combating the offences of trafficking in human beings or for reasons of state security.
3. The conditions established in subparagraphs 2 to 5 of paragraph 1 of this Article and subparagraphs 1 and 2 of Article 7 of this Law may be derogated from according to the procedure established by legal acts with respect to an alien who has been granted refugee status in the Republic of Lithuania, his family members who have applied for the issue of the residence permit in case of family reunification within 3 months after the granting of the refugee status in the Republic of Lithuania.
Article 27. Alien’s Adequate Means of Subsistence for being Issued a Residence Permit
For an alien applying for a residence permit the means of subsistence that may be considered adequate for his stay in the Republic of Lithuania shall be set by the Minister of Social Security and Labour.
Article 28. Issue of a Residence Permit
1. When issuing a residence permit for the first time, an alien shall usually be issued a temporary residence permit, except in the cases established by this Law.
2. An alien who applies for the issue of a residence permit for the first time shall file an application for the issue of a residence permit with to diplomatic mission or consular post of the Republic of Lithuania abroad.
3. The alien who is lawfully staying on the territory of the Republic of Lithuania may file an application to issue a residence permit, including the one filed for the first time, with the institution authorised by the Minister of the Interior, however the filing of such an application shall not entitle the alien to stay on the territory of the Republic of Lithuania before the alien’s application has been examined and a decision on the issue has been taken.
Article 29. Renewal of a Residence Permit
Article 31. Issue of a Residence Permit to a Child of the Alien Born in the Republic of Lithuania
1. An alien who holds a residence permit, for whom a child is born during the period of his residence in the Republic of Lithuania, must within 3 months from the date of the birth of the child apply to the institution authorised by the Minister of the Interior for the issue of a residence permit to a child.
Article 32. Unaccompanied Alien Minors
1. Unaccompanied alien minors, regardless of the lawfulness of their stay on the territory of the Republic of Lithuania, shall be taken into temporary guardianship/curatorship for the period of the child’s stay in the Republic of Lithuania. The temporary guardian/curator of an unaccompanied alien minor shall represent the interests of the unaccompanied alien minor.
2. The unaccompanied alien minors, regardless of the lawfulness of their stay on the territory of the Republic of Lithuania, shall have the following rights:
1) to be supplied with free accommodation and be supported in the manner established by the Minister of Social Security and Labour of the Republic of Lithuania;
2) to study at general education schools and vocational schools according to the procedure laid down by the Minister of Education and Science;
4) to be provided with free social services in the manner prescribed by the Minister of Social Security and Labour;
3. Having received information about an unaccompanied alien minor, the Migration Department must together with the organisations indicated in subparagraph 6 of paragraph 2 of this Article and the temporary guardian/curator of the alien minor immediately organise search for the minor’s family members.
Article 33. Time Limits for Examining an Application for the Issue or Renewal of a Residence Permit
An alien’s application for the issue or renewal of a residence permit shall be examined:
1) regarding the issue of a residence permit, when the alien holds a long-term residence permit issued by an EU member State - not later than within four months from the day of filing of an application with the relevant institution;
2) regarding the issue of a temporary residence permit, except the case provided for in subparagraph 1 of paragraph 1 of this Article - not later than within six months from the day of filing of an application with the relevant institution ;
3) regarding the issue of a permanent residence permit not later than within six months from the day of filing of an application with the relevant institution;
4) regarding the renewal of a temporary residence permit – not later than within 2 months from the day of filing of an application with the relevant institution.
2. The terms of examination of the applications specified in subparagraphs 1 to 3 of paragraph 1 of this Article may be extended for a not longer than a three months period if this is necessary due to the complexity of the examination of the application.
Article 34. Validity of the Decision to Issue or Renew an Alien Residence Permit
1. The decision to issue or renew a temporary residence permit to an alien shall be valid for three months from the date of making of the decision, whereas the decision to issue a permanent residence permit to an alien – for six months from the date of making of the decision to issue or renew the permanent residence permit.
2. During the period of validity of the decision to issue or renew an alien’s residence permit the alien may apply for the execution of the residence permit.
3. In case of illness or for other serious reasons beyond the alien’s control, about the presence of which the alien must notify the Migration Department in writing, the period of validity of the decision referred to in paragraph 1 of this Article may be extended, but for not longer than up to three months.
Article 35. Grounds for Refusing to Issue or Renew an Alien’s Residence Permit
1. The alien shall be refused the issue or renewal of a residence permit if:
1) his residence in the Republic of Lithuania may be a threat to public security, public order or public health;
2) the data which he submitted in order to receive a residence permit is not realistic or illegally obtained or false documents have been submitted or there is serious ground to believe that a marriage of convenience or an adoption of convenience has been concluded;
3) the alien is on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania;
5) he does not possess adequate means of subsistence for the stay in the Republic of Lithuania. In the case provided for in subparagraph 1 of paragraph 1 of a 46 of this Law it shall be also refused to issue or renew the alien’s residence permit if the alien does not have adequate means of subsistence for the studies and a return trip to his country;
6) he does not own a place of accommodation in the Republic of Lithuania or he does not use accommodation upon a contract of lease or a loan for use contract or does not present an undertaking of a natural or legal person confirmed according to procedure established by law to provide him with accommodation for the period of validity of the temporary residence permit;
7) he does not possess a valid document evidencing mandatory sickness insurance if in the cases provided for by laws he is not insured by compulsory health insurance;
8) there is a serious ground to believe that he has committed a crime against humanity or a war crime or committed genocide within the meaning defined in the laws of the Republic of Lithuania, international treaties and other sources of international law;
9) he has repeatedly failed within an established time period to meet the obligations indicated in paragraph 1 of Article 36 of this Law;
2. An alien who has been refused the issue or renewal of a residence permit may file an application for the issue of a residence permit after the lapse of at least one year from the taking of the decision to refuse the issue or renewal of a residence permit and after the disappearance of the reasons for which the issue or renewal of the residence permit was refused.
Article 36. Data Notification
1. An alien who holds a residence permit must not later than within seven days notify an institution authorised the Minister of the Interior in the event of a change of:
2. A state institution or agency or the employer must notify the institution authorised by the Minister of the Interior about the alien:
1) an employer - about termination of a contract of employment with the alien in possession of a temporary residence permit
2) the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania – of an alien in possession of temporary residence permit who has terminated economic-commercial or any other declared activities in the Republic of Lithuania;
3) the educational establishment - about expulsion of the alien in possession of a temporary residence permit or his discontinuation of studies;
4) the police or any other law enforcement institution - about an alien who has been detained for an up to 48-hour period or has been imposed a penalty for an administrative offence;
5) the court - about an alien who has been detained or convicted of a committed criminal act or imposed a penalty for an administrative offence;
Article 37. An Alien’s Passport
A foreign citizen who is entitled to temporary or permanent residence in the Republic of Lithuania but does not possess a valid passport of a foreign citizen or an equivalent travel document or if it has been lost or destroyed and the foreign citizen cannot receive it from the competent institutions of his country of origin for objective reasons, may be issued an alien’s passport according to the procedure established by the Minister of the Interior.
Article 38. Travel document of a Stateless Person
A stateless person who is entitled to temporary or permanent residence in the Republic of Lithuania but does not possess a travel document valid in a foreign country may be issued, according to the procedure established by the Minister of the Interior, a travel document of a stateless person provided for in 1954 Convention relating to the Status of Stateless Persons.
Article 39. Illegal Residence in the Republic of Lithuania
An alien’s residence in the Republic of Lithuania shall be considered as illegal if the alien:
1) is residing in the Republic of Lithuania without a residence permit except in cases where the alien has been granted temporary territorial asylum under this Law;
Article 40. Grounds for Issue and Renewal of a Temporary Residence Permit
1. A temporary residence permit may be issued or renewed to an alien if:
1) the alien has retained his right to citizenship of the Republic of Lithuania in the manner prescribed by the Republic of Lithuania Law on Citizenship;
6) the alien intends to get access to education, to study at an educational establishment, to participate in internship, training, to take part in professional training;
8) the alien may not be expelled from the Republic of Lithuania according to the procedure established by this Law or his expulsion from the Republic of Lithuania has been postponed according to the procedure established in Article 132 of this Law;
9) the alien has been granted subsidiary protection in the Republic of Lithuania in the manner prescribed by this Law;
10) the alien has been granted temporary protection in the Republic of Lithuania in the manner prescribed by this Law;
11) the alien is unable to leave because he is in a dangerous state of health and needs immediate emergency medical aid. The list of such states of health shall be drawn up by the Minister of Health of the Republic of Lithuania;
12) he shall be allowed to remain in the Republic of Lithuania as he is or has been a victim of human trafficking and cooperates with the pre-trial investigation body or with the court in the fight against trafficking in human beings or in combating the offences of trafficking in human beings. The provision shall be applied only to adult aliens.
2. A temporary residence permit may also be renewed at the alien’s request if:
3. An alien who, on the ground established in paragraph 1 of this Article, is issued a temporary residence permit or has his temporary residence permit renewed, must meet the conditions set in paragraph 1 of Article 26 of this Law.
4. A temporary residence permit shall be executed after the alien has produced a valid travel document the validity whereof must by three months exceed the period of validity of the temporary residence permit applied for.
5. An alien who holds a temporary residence permit must, following the change of the circumstances which conditioned the ground for the issue of the permit, obtain a new temporary residence permit.
Article 41. Issue of a Temporary Residence Permit to an Alien who has Retained the Right to Citizenship of the Republic of Lithuania
1. An alien who has retained the right to citizenship of the Republic of Lithuania may be issued a temporary residence permit provided that he produces documents confirming retention of the right to citizenship of the Republic of Lithuania.
Article 42. Issue of a Temporary Residence Permit to an Alien of Lithuanian Descent
1. An alien of Lithuanian descent may be issued a temporary residence permit if he produces a document confirming his Lithuanian descent.
Article 43. Issue of a Temporary Residence Permit to an Alien in the event of Family Reunification
1. A temporary residence permit may be issued to an alien in the event of family reunification if:
1) the alien’s parents (adoptive parents) or one of them who are citizens of the Republic of Lithuania are residing in the Republic of Lithuania;
2) the parents of the minor alien or one of them or the spouse of one of them holding the residence permit, in whose guardianship the minor alien is, are residing in the Republic of Lithuania;
3) the alien’s child who is a citizen of the Republic of Lithuania is residing in the Republic of Lithuania;
4) the alien’s child who has been granted refugee status and issued a permanent residence permit is residing in the Republic of Lithuania;
5) the alien’s spouse or the person with whom a registered partnership agreement has been contracted and who is a citizen of the Republic of Lithuania or an alien holding a permanent residence permit is residing in the Republic of Lithuania;
6) he is a first-degree relative in the direct ascending line of an alien who holds a residence permit;
7) an alien’s parents who are incapable to work due to pensionable age or disability and are holding a permanent residence permit are residing in the Republic of Lithuania;
8) in the event of particularly difficult circumstances related to divorce or dissolution of a registered partnership or death of a family member, regulated according to the procedure laid down in paragraph 5 of Article 51 of this Law. In this case the application to issue a temporary residence permit must be filed before the divorce or dissolution of the registered partnership or the day of death of the family member, if the alien has not yet been granted a temporary residence permit for family reunification, or not later than within 6 months after the divorce or dissolution of the registered partnership or the day of death of the family member, if before the divorce or dissolution of the registered partnership or the day of death of the family member the alien held a temporary residence permit issued for family reunification. The temporary residence permit of one year’s duration may be granted under this paragraph.
2. The application to issue a temporary residence permit may be filed by an alien whose family members enter for family reunification or by one of the adult family members.
3. In the cases provided for in subparagraphs 2, 4 to 7 of paragraph 1 of this Article the family member of the alien may be granted or renewed a temporary residence permit if he satisfies the conditions laid down in subparagraphs 2 to 4 of paragraph 1 of Article 26 of this Law or is the person whom they are joining the alien for family reunification ensures according to the procedure laid down by laws that his family member satisfies the said conditions.
4. If a temporary residence permit is granted to the alien according to subparagraph 5 of paragraph 1 of this Article, it must be established according to the procedure established by the Minister of the Interior whether or not the concluded marriage is not a marriage of convenience.
5. In the event of family reunification an alien shall be issued a residence permit for the same period as the alien who entered for residence.
6. The alien indicated in subparagraphs 2, 5 and 6 of paragraph 1 of this Article, whose family members enter for family reunification, must have resided in the Republic of Lithuania for the last 2 years, hold a temporary residence permit issued for a period of validity of one year or more and have reasonable prospects of obtaining the right of permanent residence in the Republic of Lithuania shall be regulated according to the procedure provided for in paragraph 5 of Article 51 of this Law. The family members who join the alien who has been granted the refugee status in the Republic of Lithuania shall be exempt from the requirement.
7. The provisions of subparagraph 5 of paragraph 1 of this Article regarding family unification are to apply when both alien spouses or aliens who have contracted a registered partnership are not younger than 21 years.
8. The aliens who have filed applications for the granting of refuge status in the Republic of Lithuania shall have no right to family unification till their application has not yet given rise to a final decision as well as the aliens who have been granted subsidiary or temporary protection in the Republic of Lithuania shall have no right to family unification.
Article 44. Issue of a Temporary Residence Permit to an Alien who Intends to Pursue an Activity as an Employed Person
1. A temporary residence permit may be issued to an alien who intends to pursue an activity as an employed person in the Republic of Lithuania, if he:
2. An alien who intends to pursue an activity as an employed person shall be issued a temporary residence permit for one year.
3. An alien’s application for the issue of a temporary residence permit may be examined together with the application for the issue of a work permit.
Article 45. Issue of a Temporary Residence Permit to an Alien who Intends Carry out the Legal Business
1. The temporary residence permit may be issued to an alien who intends to carry out the legal business in the Republic of Lithuania, provided that the alien:
1) registers an enterprise, agency or organisation in the Republic of Lithuania as the owner or co-owner holding at least 10% of the statutory capital or voting rights and his stay in the Republic of Lithuania is necessary in order to achieve the targets of the enterprise, agency, organisation and carry out the activities;
2) is the head or the authorised representative of the enterprise, agency or organisation registered in the Republic of Lithuania, if the principal goal of his entry is work at the enterprise, agency or organisation;
2. An alien who intends to carry out the legal business in the Republic of Lithuania shall be issued a temporary residence permit for one year.
Article 46. Issue of a Temporary Residence Permit to an Alien who Intends to Study
1. A temporary residence permit may be issued to an alien who intends to learn, study at an educational establishment, take part in training, attend advance training courses, professional training in the Republic of Lithuania if he:
2) has been admitted in the educational establishment according to final year of lower secondary education;
2. An alien indicated in paragraph 1 of this Article shall be issued a temporary residence permit for the period of study, learning, training, advance training, but for not longer than one year. A temporary residence permit shall be renewed if the alien satisfies the conditions set in paragraph 1 of Article 26 of this Law and has not been struck off the lists of students, pupils, trainees, participants in advance training or professional training courses, also if, when studying he complies with the restrictions set in paragraph 4 of this Article.
3. Following the end of the study period or discontinuation of studies by the alien, he must depart from the Republic of Lithuania.
4. Having been issued a work permit during the study period the alien shall be entitled to work during studies not on a full-time basis for not longer than 20 hours per week and only starting from the second year of studies.
Article 47. Issue of a Temporary Residence Permit in Case an Alien has been Put under Guardianship/Curatorship
1. A temporary residence permit may be issued to an alien if, in the manner prescribed by the laws of the Republic of Lithuania:
1) he has been appointed guardian/curator of a person who is a citizen of the Republic of Lithuania;
Article 48. Issue of a Temporary Residence Permit to an Alien upon Granting him Subsidiary Protection in the Republic of Lithuania
1. An alien shall be issued a temporary residence permit provided that he has been granted subsidiary protection in the Republic of Lithuania upon having filed an asylum application according to the procedure established by this Law.
Article 49. Issue of a Temporary Residence Permit to an Alien upon Granting him Temporary Protection in the Republic of Lithuania
1. An alien shall be issued a temporary residence permit provided that he has been granted temporary protection in the Republic of Lithuania according to the procedure established by this Law.
Article 49(1). Issue of a Temporary Residence Permit to an Alien who Cooperates with the Pre-trial Investigation Body or with the Court in the Fight against Trafficking in Human Beings or in Combating the Offences of Trafficking in Human Beings
1. A temporary residence permit may be issued to an adult alien who is or has been a victim of human trafficking and cooperates with the pre-trial investigation body or with the court in the fight against trafficking in human beings or in combating the offences of trafficking in human beings if the pre-trial investigation body or the court mediates in issuing a temporary residence permit to such an alien.
2. The alien who is mediated for by the pre-trial investigation body or the court shall be issued a temporary residence permit for 6 months.
3. The temporary residence permit referred to in paragraph 2 of this Article may be renewed if mediated for the pre-trial investigation body or the court.
4. After the alien indicated in paragraph 1 of this Article has been issued a temporary residence permit, on the decision of the mediating pre-trial investigation body or the court the alien shall be allowed to reside at the chosen place or at the place established by the said body.
5. The alien, issued a temporary residence permit on the basis provided for in subparagraph 12 of paragraph 1 of Article 40 of this Law and who does not have adequate subsistence means, shall be entitled to receive emergency medical care as well as social services according to the procedure established by the laws of the Republic of Lithuania.
Article 50. Grounds for the Withdrawal of a Temporary Residence Permit
1. A temporary residence permit of an alien may be withdrawn if:
7) it is established that the enterprise, agency or organisation whose owner or co-owner the alien is does not perform the declared activities and/or the alien’s stay in the Republic of Lithuania is not necessary in order to achieve the targets of the enterprise, agency, organisation and carry out the activity;
9) the alien is struck off the list of students or pupils, the training programme is terminated or comes to an early end, he is removed or struck off in-service training courses or professional training programme, also if, when studying, he does not comply with the restrictions set in paragraph 4 of Article 46;
10) the alien is released according to the procedure established by the laws of the Republic of Lithuania from the duties of the guardian/curator or guardianship/curatorship expires;
11) a possibility arises for the expulsion of the alien from the Republic of Lithuania if the temporary residence permit has been issued according to subparagraph 8 of paragraph 1 of Article 40 of this Law;
12) the subsidiary or temporary protection granted to an alien has been withdrawn in the manner prescribed by this Law;
13) the alien departs to reside or has been residing in a foreign country for a period longer than 6 months;
14) the alien’s residence in the Republic of Lithuania poses a threat to State security, public order or public health;
15) the alien has repeatedly failed to fulfil within the set time period the obligations provided in paragraph 1 of Article 36 of this Law;
16) it is stated, on the recommendation of the pre-trial investigation body or the court, that the grounds, based on which the adult alien, who has been a victim of human trafficking and cooperated with the pre-trial investigation body or the court in the fight against trafficking in human beings or in combating the offences of trafficking in human beings, has been issued the temporary residence permit, have disappeared.
2. A temporary residence permit shall be withdrawn on the grounds specified in subparagraphs 4 to 12, 16 of paragraph 1 of this Article if this constituted grounds for obtaining a temporary residence permit.
Article 51. Issue, Renewal and Withdrawal of a Temporary Residence Permit
1. An alien shall submit documents for the issue or renewal of a temporary residence permit to the institution authorised by the Minister of the Interior.
2. The decision on the issue of a temporary residence permit to an alien shall be made by the Migration Department, a temporary residence permit shall be issued to the alien by the institutions authorised by the Minister of the Interior.
3. The decision on the renewal of a temporary residence permit to an alien shall be made by the Migration Department, temporary residence permits shall be renewed to aliens by the institutions authorised by the Minister of the Interior.
4. The decision on the withdrawal of an alien’s temporary residence permit shall be made by the Migration Department.
5. The procedure regulating the submission of documents for obtaining a temporary residence permit and the issue, renewal, withdrawal of temporary residence permits of aliens as well as for assessing whether marriage or registered partnership agreement has been concluded or whether the child has been adopted with a view to obtaining by the alien a temporary residence permit shall be established by the Minister of the Interior upon agreement thereof with the Minister of Foreign Affairs.
Article 52. Invalid Temporary Residence Permit
A temporary residence permit shall be invalid:
6) if the permit has been renewed on the grounds specified in paragraph 2 of Article 40 of this Law;
Article 53. Grounds for the Issue and Renewal of a Permanent Residence Permit
1. An alien may be issued a permanent residence permit if:
1) the alien has retained the right to citizenship of the Republic of Lithuania according to the procedure established by the Republic of Lithuania Law on Citizenship;
3) the alien has entered into the Republic of Lithuania for residence accompanying a citizen of the Republic of Lithuania as the family member;
4) the alien has lost citizenship of the Republic of Lithuania but is living in the Republic of Lithuania;
5) the alien is a child under the age of 18, was born in the Republic of Lithuania and his parents or one of them is a citizen of the Republic of Lithuania whose place of residence has been declared in the Republic of Lithuania or who holds a permanent residence permit;
6) the alien is a child under the age of 18, was born not in the Republic of Lithuania and his parents or one of them is a citizen of the Republic of Lithuania whose place of residence has been declared in the Republic of Lithuania or who holds a permanent residence permit;
8) the alien has been living in the Republic of Lithuania for a continuous period of the last 5 years and has been holding a temporary residence permit;
2. A permanent residence permit may be renewed at the alien’s request if:
3. An alien who is issued a permanent residence permit must meet the conditions set in subparagraphs 1 to 3 of paragraph 1 of Article 26 of this Law. When the permanent residence permit is issued to an alien on the grounds set in subparagraph 8 of paragraph 1 of this Article, the period of residence shall be calculated according to the procedure established by the minister of the interior.
4. A permanent residence permit shall be executed for an alien for a five-year period and
shall be renewed after the lapse of the period.
5. An alien who has been issued a temporary residence permit under the provisions of paragraph 1 of Article 43 of this Law may be issued a permanent residence permit provided that the alien, being in possession of a temporary residence permit, has been continuously living in the Republic of Lithuania together with his/her family for the past 5 years.
6. The permanent residence permit that is issued on the grounds established by subparagraph 8 of paragraph 1 and paragraph 5 of this Article may be issued if the alien has passed the examination in state language and in the fundamentals of the Constitution of the Republic of Lithuania. The procedure for examination in state language and in the fundamentals of the Constitution of the Republic of Lithuania as well as for issuing the corresponding certificates shall be established by the Government of the Republic of Lithuania.
Article 54. Grounds for Withdrawing a Permanent Residence Permit
1. An alien’s permanent residence permit may be withdrawn if:
2) the alien’s residence in the Republic of Lithuania may pose a threat to state security or public order;
3. If an alien’s permanent residence permit is withdrawn, permanent residence permits of the alien’s family members who are co-residents shall also be withdrawn except in the cases when they are entitled to reside in the Republic of Lithuania on other grounds set by this Law.
Article 55. Issue, Renewal and Withdrawal of a Permanent Residence Permit
1. An alien shall submit documents for the issue or renewal of a permanent residence permit to the institution authorised by the Minister of the Interior.
2. The decision on the issue of a permanent residence permit to an alien shall be made by the Migration Department, the permanent residence permit shall be issued to the alien by the institutions authorised by the Minister of the Interior.
3. A permanent residence permit shall be renewed by the institutions authorised by the Minister of the Interior.
4. The decision on the withdrawal of a permanent residence permit shall be made by the Migration Department on the grounds established in subparagraphs 1 and 3 of paragraph 1 of Article 54 of this Law.
5. The decision on the withdrawal of the permanent residence permit on the grounds established in subparagraph 2 of paragraph 1 of Article 54 of this Law shall be made by the Vilnius Regional Administrative Court.
6. The procedure regulating submission of documents for obtaining a permanent residence permit and the issue, renewal, withdrawal of permanent residence permits for aliens as well as the assessment of contracting a marriage of convenience, a fictitious registered partnership or fictitious adoption shall be established by the Minister of the Interior.
Article 56. Invalid Permanent Residence Permit
A permanent residence permit shall be invalid when:
SECTION FIVE
ALIENS’ WORK IN THE REPUBLIC OF LITHUANIA
Article 57. An Alien’s Obligation to Obtain a Work Permit in the Republic of Lithuania
1. An alien who intends to work in the Republic of Lithuania must obtain a work permit in the Republic of Lithuania (hereinafter – work permit), except in the cases provided for in Article 58 of this Law where the alien is relieved from the obligation to obtain a work permit.
3. A work permit may be issued to an alien if there is no specialist in Lithuania meeting the employer’s qualification requirements.
4. The Minister of Social Security and Labour, in conjunction with the Minister of the Interior, shall set the conditions and procedure whereunder an alien may be issued a work permit during his/her stay in the Republic of Lithuania.
5. The conditions and procedure for issuing work permits to aliens shall be set by the Minister of Social Security and Labour.
Article 58. Exemption of an Alien from the Obligation to Obtain a Work Permit
1. An alien shall be exempt from the obligation to obtain a work permit if:
1) the alien holds a temporary residence permit in the Republic of Lithuania issued under subparagraphs 1 to 3, 7, 9, 10 of paragraph 1 of Article 40 of this Law;
Article 59. Grounds for Issuing a Work Permit
A work permit shall be issued to an alien taking into account the needs of the labour market of the Republic of Lithuania.
Article 60. Time Limits for Examining Applications for a Work Permit
An alien’s application for a work permit in the Republic of Lithuania must be examined within two months from the date of receipt of the application at the Lithuanian Labour Exchange.
Article 61. Validity of a Work Permit
1. A work permit shall be issued to an alien for a period of up to two years specifying the job (position) and enterprise, agency or organisation where the alien will be employed.
2. An alien who enters the Republic of Lithuania to take up seasonal employment shall be issued a work permit for an up to six-month period in a year, calculated from the date of entry into the Republic of Lithuania.
3. An alien who enters the Republic of Lithuania for employment as an intern or trainee shall be issued a work permit for a period of one year and its period of validity may be extended in cases of exception, when the period of internship or traineeship is longer than one year and the extension is necessary for acquiring qualification in an appropriate area.
Article 62. Employment by Aliens
1. An alien may take up employment in the Republic of Lithuania under an employment contract or, if the alien’s permanent place of employment is in a foreign country, the alien may be placed for temporary employment in the Republic of Lithuania.
2. An employer may conclude a contract of employment only with an alien who holds a valid work permit, with the exception of cases specified in Article 58 of this Law.
3. An alien’s wage shall not be lower than that paid to a resident of the Republic of Lithuania for performing work of the kind.
Article 63. Grounds for Withdrawing a Work Permit in the Republic of Lithuania
An alien’s work permit shall be withdrawn:
3) in case of termination of employment relationship with the employer in a foreign country, who had placed the alien for temporary employment in the Republic of Lithuania;
Article 64. Illegal Work or Illegal Engagement in other Activities in the Republic of Lithuania
An alien’s work or engagement in other activities in the Republic of Lithuania shall be considered illegal, regardless of whether it is paid or not, if the alien:
1) is working without a work permit and/or employment contract and temporary residence permit, where possession thereof is mandatory;
2) is engaged in activities for which he has no authorisation where such an authorisation is mandatory and does not hold a temporary residence permit;
3) studies at an educational establishment, takes part in an internship programme, undergoes in-service training, takes part in professional training holding no temporary residence permit except in cases specified in subparagraph 2 of paragraph 2 of Article 32 and paragraph 2 of Article 71 of this Law.
Article 65. An Alien’s Right to Apply for and be Granted Asylum in the Republic of Lithuania
An alien shall have the right to apply for and be granted asylum in the Republic of Lithuania according to the procedure established by this Law.
Article 66. Forms of Asylum
The forms of asylum granted in the Republic of Lithuania according to the procedure established by this Law and other legal acts shall be as follows:
Article 67. Filing an Application for Refugee Status or Subsidiary Protection in the Republic of Lithuania
1. An alien’s application for refugee status or subsidiary protection in the Republic of Lithuania (hereinafter referred to as application for asylum) may be submitted:
1) at the Republic of Lithuania border crossing points or, on the territory of the Republic of Lithuania where border legal regime has been established, to the State Border Protection Service;
2. An alien shall be entitled to personally submit an application for asylum. On behalf of the family members who are minors the application may be submitted by any family member who is of age.
3. Having submitted an application for asylum, an unaccompanied alien minor shall be taken into temporary custody according to the procedure established by the laws of the Republic of Lithuania.
Article 68. Non-disclosure of Information
1. Information relating to the filing of applications for asylum and examination of the applications shall be classified in the manner prescribed by law, except in cases specified in paragraph 1 of Article 73 and Article 91 of this Law or cases where the asylum applicant gives a written consent to the disclosure of such information.
Article 69. Actions of the Institution following Receipt of Application for Asylum
1. A public servant authorised by the state institution or agency which has been filed an alien’s asylum application shall:
1) indicate in the asylum application or in the application record, if the application has not been submitted in writing, the date, time and place of filing thereof;
3) carry out inspection of the asylum applicant’s person and his personal belongings according to the procedure established by the laws of the Republic of Lithuania;
2. The documents confirming the asylum applicant’s identity shall be kept in his personal file pending the examination of his application for asylum.
3. Having performed the actions specified in paragraph 1 of this Article a public servant authorised by the state institution or agency to which the asylum application has been submitted shall forthwith transmit to the Migration Department via electronic communications facilities the asylum application or the record thereof, if the application was not submitted in writing, copies of the collected asylum applicant’s documents and travelling tickets and the record of questioning, whereas the taken fingerprints shall be transmitted to the institution authorised by the Minister of the Interior.
4. An institution authorised by the Minister of the Interior shall ensure protection of the refugee’s fingerprint data.
Article 70. Exemption from Liability for Illegal Entry and Stay in Republic of Lithuania
Aliens who have illegally entered into the territory of the Republic of Lithuania from a country where their life or freedom was threatened shall be exempt from liability for illegal entry into and stay in the Republic of Lithuania, provided they present themselves without delay to competent institutions or agencies of the Republic of Lithuania and render exhaustive explanation of the reasons of their illegal entry into or stay in the Republic of Lithuania.
Article 71. Rights and Duties of an Asylum Applicant in the Republic of Lithuania while his Asylum Application is being Examined
1. During the processing of an asylum applicant’s application for asylum in the Republic of Lithuania the applicant shall have the following rights:
1) to be accommodated at the Foreigners’ Registration Centre or Refugee Reception Centre and to use the services provided by them;
4) to receive compensation for the use of means of public transport where the use is linked to the processing of the application for asylum;
6) to receive free immediate medical aid and social services at the Foreigners’ Registration Centre or Refugee Reception Centre;
7) to receive a monthly monetary allowance in the manner laid down by the Minister of Social Security;
2. Asylum applicants who are minors shall have the right to study at schools of general education and vocational schools.
3. Duties of an asylum applicant:
1) to observe the requirements of the Constitution, laws and other legal acts of the Republic of Lithuania;
2) to fulfil the duties prescribed for the asylum applicant by the decisions of the Migration Department and the court;
4) during the processing of the asylum application to submit all the available documents and realistic full explanation of the motives of the application for asylum, the asylum applicant’s personality as well as the circumstances of his entry and stay in the Republic of Lithuania;
5) to declare to the Foreigners’ Registration Centre, Refugee Reception Centre or territorial police agency in writing in free format the resources and assets owned in the Republic of Lithuania within three days from the granting of temporary territorial asylum and the resources received pending the examination of the application for asylum in the Republic of Lithuania within one day from the receipt thereof.
4. State funds of the Republic of Lithuania shall be allocated for implementing the rights of the asylum applicants specified in paragraphs 1 and 2 of this Article; resources of international organisations, EU structural funds, resources of humanitarian assistance funds established by natural and legal persons of the Republic of Lithuania may also be used to the extent the asylum applicant is unable to guarantee them by the resources and property subject to declaration.
SECTION TWO
EU MEMBER STATES RESPONSIBLE FOR DETERMINING THE STATE RESPONSIBLE FOR EXAMINING AN ASYLUM APPLICATION
Article 72. Making a Decision on Determining the State Responsible for Examining an Asylum Application
1. Having examined the documents and evidence submitted to it, the Migration Department shall make a decision regarding the determination of the state responsible for examining the asylum application within 48 hours from the moment of filing of the asylum application.
2. If an EU Member State so requests and if the asylum applicant so desires, the Republic of Lithuania may, on humanitarian grounds, agree to examine the asylum applicant’s application even though it is not responsible for examining the application for asylum.
Article 73. Actions Connected with Determination of the State Responsible for Examining the Asylum Application and Transfer of an Asylum Applicant to the EU Member State
1. The Migration Department shall carry out an examination with a view to determining the state responsible for examining the asylum application. While carrying out the examination the Migration Department shall cooperate with the competent institutions of the EU Member States, as necessary provide them with the necessary information.
2. Upon taking a decision determining that the EU Member State is responsible for the examination of the asylum application, the asylum applicant’s asylum application shall not be examined as to substance, the asylum applicant shall be granted temporary territorial asylum, in the case specified in Article 78 of this Law the asylum applicant shall be issued an alien registration certificate and according to the provisions of Article 79 of this Law shall be provided with accommodation in the Republic of Lithuania for the period for which he has been granted temporary territorial asylum. Such asylum applicant shall be granted temporary territorial asylum pending his transfer to an EU Member State responsible for examining his application for asylum.
Article 74. Taking a Decision on the Transfer of the Asylum Applicant to an EU Member State
1. Having received agreement of the EU Member State responsible for the examination of the asylum application to admit the asylum applicant, the Migration Department shall take a decision regarding the transfer of the asylum applicant to that Member State of the EU.
Article 75. Issue of a Travel Document to an Asylum Applicant who is Transferred to an EU Member State
1. An asylum applicant who is transferred to an EU Member State responsible for examining his asylum application shall be issued a laissez-passer for one journey to an EU Member State.
Article 76. Admission of an Asylum Applicant into the Territory of the Republic of Lithuania and Granting him Temporary Territorial Asylum
1. Having examined the documents and evidence submitted to it and determined that no EU Member State is responsible for examining the asylum application and there are no reasons indicated in Article 77 of this Law, the Migration Department shall take decisions in respect of granting (refusal to grant) temporary territorial asylum to an asylum applicant and provision of the asylum applicant with accommodation in the Republic of Lithuania pending the examination of his application as to substance and the taking of final decision.
2. Temporary territorial asylum shall also be granted to the asylum applicant who has been refouled from an European Union Member State to the Republic of Lithuania where the Republic of Lithuania is responsible for examining the asylum application.
3. The decision indicated in paragraph 1 of this Article shall be taken within 48 hours from the moment of filing of the asylum application or from the moment of the asylum applicant’s transfer to the Republic of Lithuania from any of the EU Member States. Extension of the deadline for 24 hours shall be possible where determination of the reasons indicated in paragraph 2 of Article 77 of this Law is sought.
4. By decision of the Migration Department the period of temporary territorial asylum shall be extended in case of failure, due to objective reasons, to transfer the asylum applicant to any European Union Member State within the set time period. Such a decision shall be taken within 48 hours from the moment when it transpires that that the asylum applicant has not been transferred to any European Union Member State. The asylum application of such an asylum applicant shall be examined as to substance in the manner set by this Law.
Article 77. Reasons for Refusing an Asylum Applicant Entry into the Territory of the Republic of Lithuania and Temporary Territorial Asylum
1. If an asylum applicant comes from a safe third country, by decision of the Migration Department he shall be refused temporary territorial asylum and his asylum application shall not be examined as to substance. Such an asylum applicant shall be obliged to depart from the Republic of Lithuania to a safe third country, he shall be expelled or re-fouled to it.
2. By decision of the Migration Department an asylum applicant shall be refused refugee status and subsidiary protection and shall also be refused temporary territorial asylum should it transpire after having examined his asylum application as to substance that he has come from a safe country of origin or submitted a manifestly unfounded asylum application. Such an asylum applicant shall be obliged to depart from the Republic of Lithuania or shall be expelled from it.
Article 78. Issue of Alien’s Registration Certificate
1. The Migration Department shall within 48 hours issue the asylum applicant who has been granted temporary territorial asylum with an alien’s registration certificate.
Article 79. Accommodation of the Asylum Applicant in the Republic of Lithuania
1. The Migration Department shall take a decision on the accommodation of the asylum applicant, except in cases where the asylum applicant has been detained or a measure alternative to detention has been imposed on him according to the procedure established by the laws of the Republic of Lithuania.
2. Having legally entered the Republic of Lithuania, an asylum applicant who has been granted temporary territorial asylum on the decision of the Migration Department shall be provided with accommodation at the Aliens’ Registration Centre. On the decision of the Migration Department, such an asylum applicant may be permitted to settle in the place of residence of his choice, if the asylum applicant so desires.
3. Unaccompanied minor asylum applicant shall be provided with accommodation at the Refugee Reception Centre according to the procedure set by the Minister of the Interior and Minister of Social Security and Labour, unless this is objected to by his temporary guardian (curator) or other lawful representative.
4. The Foreigners’ Registration Centre shall be an agency intended for keeping the aliens detained on the grounds specified in this Law and for temporarily accommodating the aliens on the decision of the court or the Migration Department, carrying out investigation as regards personal identity of the aliens, the circumstances of their entry into the Republic of Lithuania, managing record-keeping of aliens and carrying out the return and expulsion of aliens from the Republic of Lithuania. The procedure and conditions for temporary accommodation of aliens in the Foreigners’ Registration Centre shall be established by the Minister of the Interior.
5. The Refugee Reception Centre is a budgetary agency providing social services, intended for accommodating aliens who have been granted asylum in the Republic of Lithuania and unaccompanied alien minors as well as for implementing social integration of the aliens who have been granted asylum. The Refugee Reception Centre shall be set up, re-organised and liquidated by the Minister of Social Security and Labour.
Article 80. Examination of the Asylum Applicant’s Application for Asylum as to Substance
The application for asylum shall be examined as to substance by the Migration Department, conducting investigation with the aim of establishing whether or not the asylum applicant meets the requirements set in Articles 86 and 87 of this Law and whether or not there are reasons specified in Article 89 of this Law.
Article 81. Time Limits for Examining Asylum Applications as to Substance
1. An asylum application must be examined as to substance within 3 months from the date of taking of the decision by the Migration Department on the granting of temporary territorial asylum or on the extension of temporary territorial asylum in the cases specified in paragraph 4 of Article 77 of this Law.
2. The deadline for examining an asylum application as to substance may be extended by decision of the Migration Department where objective reasons preclude examination of the asylum application by the set deadline, but the time period of examination of the application as to substance shall not exceed 6 months from the date of taking by the Migration Department of the decision on the granting of temporary territorial asylum or on the extension of temporary territorial asylum in cases specified in paragraph 4 of Article 76 of this Law.
3. The time limits for examining an asylum application as to substance shall no apply where the asylum application is examined as to substance according to the procedure set in paragraph 2 of Article 77 of this Law. Should it be established that the asylum application is manifestly unfounded it must examined within 48 hours. The deadline may be extended but for no longer than 7 days.
Article 82. Questioning Asylum Applicants and Notifying them of the Decisions
1. When an asylum applicant’s asylum application is examined as to substance, the asylum applicant’s questioning shall be carried out in the absence of his family members. If the asylum applicant so desires, during his questioning his right to legal assistance guaranteed by the state and the right to interpreter’s services shall be ensured. A minor asylum applicant must be questioned in the presence of his lawful representative or temporary guardian (curator) and his right to legal assistance guaranteed by the state must be safeguarded.
Article 83. Admissibility of Means of Proof
1. Where it is established when examining an asylum applicant’s application that, despite the applicant’s honest efforts, the information relevant to the determination of his status cannot be supported by written proof, the information shall be assessed in favour of the asylum applicant and the asylum application shall be considered as well-founded provided that the asylum applicant’s explanations are consistent and non-contradictory in essence and are not contrary to universally known facts.
2. Paragraph 1 of this Article shall not be applied and the information that cannot be confirmed by written proof shall be rejected if in the course of examination of asylum applicant’s application the asylum applicant misleads the investigation, delays it by his acts or failure to act, tries to cheat or if contradictions are established between facts indicated by the asylum applicant that have a decisive effect when granting the asylum.
Article 84. Suspending and Resuming Examination of Asylum Application
1. The examination of an asylum applicant’s asylum application shall be suspended if the asylum applicant leaves the Foreigners’ Registration Centre or Refugee Reception Centre without an authorisation or fails to return to the Centres for more than 24 hours.
2. The examination of an asylum application of the asylum applicant who has been permitted to reside in the location of his choice shall be suspended if there is no possibility to contact him for 72 hours.
3. The examination of the asylum application shall be resumed if the alien indicated in paragraph 1 of this Article has returned to the Foreigners’ Registration Centre or the Refugee Reception Centre or a possibility of contacting the asylum applicant indicated in paragraph 2 of this Article has emerged and a month has not elapsed from the decision to suspend the examination of the asylum application.
4. If the examination of an asylum applicant’s asylum application is suspended on the grounds specified in paragraph 1 or 2 of this Article, the asylum applicant shall without delay but not later than within 24 hours from the resumption of examination of the asylum application submit a detailed description of the motives of his acts or failure to act.
5. The Foreigners’ Registration Centre or the Refugee Reception Centre or the territorial police agency shall investigate the asylum applicant’s acts or failure to act and the validity of the circumstances specified in his written explanation concerning the emergence of the consequences indicated in paragraphs 1 and 2 of this Article, where such has been received, and, having established that by his acts or failure to act the asylum applicant delays the examination of the asylum application, shall submit a conclusion to the Migration Department suggesting to recognise the asylum applicant’s asylum application as manifestly invalid.
6. The decision to suspend or to resume the examination of the asylum applicant’s asylum application shall be taken by the Migration Department.
7. Suspension of examination of an asylum application shall entail suspension of provision of services and assistance for the asylum applicant in implementing the rights indicated in paragraphs 1 and 2 of Article 71 of this Law. Provision of services and assistance shall be resumed after the disappearance of circumstances on the grounds of which it was suspended.
Article 85. Termination of Examination of Asylum Application
1. The examination of an asylum applicant’s application for asylum shall be terminated if:
2) a month has lapsed from the day of making of the decision to suspend the examination of the asylum applicant’s application for asylum;
2. The decision to terminate the examination of an asylum application shall be taken by the Migration Department.
3. If the examination of the asylum applicant’s application for asylum was terminated on the grounds specified in paragraph 1 of this Article, a new repeat application for granting asylum in the Republic of Lithuania may be examined provided that new circumstances are indicated in the newly filed asylum application.
Article 86. Granting Refugee Status
1. Refugee status shall be granted to the asylum applicant who, owing to a well-founded fear of being persecuted for reasons of race, religion, citizenship, membership of a particular social group or political opinion, is outside the country of his citizenship and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country or who, not having a citizenship and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it, unless there are conditions specified in Article 88 of this Article.
Article 87. Granting Subsidiary Protection
1. Subsidiary protection may be granted to an asylum applicant who is outside his country of origin and is unable to return to it owing to a well-founded fear that:
Article 88. Grounds for Refusing to Grant the Refugee Status or Subsidiary Protection
The asylum applicant who meets the criteria set in Articles 86 and 87 of this Law shall not be granted refugee status or subsidiary protection if:
1) the alien is receiving from organs or agencies of the United Nations (other than the Office of the UNHCR) protection or assistance;
2) the alien is recognised by the competent authorities in which he has taken up residence as having the rights and obligations which are attached to the possession of the citizenship of that country;
3) there are serious grounds to believe that the alien has committed a serious non-political crime prior to his arrival in the Republic of Lithuania or has been accused of commission of acts contrary to the purpose and principles of the United States;
4) there are serious grounds to believe that the alien has committed a crime against peace, a crime against humanity or a war crime or committed genocide within the meaning defined in the laws of the Republic of Lithuania, international treaties and other instruments of international law;
5) there are serious grounds to believe that his stay in the Republic of Lithuania may pose a threat to State security or public order or by an effective court sentence he has been found guilty of a serious or very serious offence, when the asylum seeker applies for the granting of the refugee status;
Article 89. Issue of Documents to Aliens who have been Granted Asylum in the Republic of Lithuania
1. An alien who has been granted refugee status in the Republic of Lithuania shall be issued a permanent residence permit in the Republic of Lithuania by the decisions of the Migration Department.
2. An alien who has been granted subsidiary protection in the Republic of Lithuania shall be issued a temporary residence permit by the decision of the Migration Department.
Article 90. Withdrawal of Refugee Status and Subsidiary Protection in the Republic of Lithuania
1. Refugee status granted to an alien in the Republic of Lithuania shall be withdrawn if the alien:
4) has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution;
5) can no longer continue to refuse to avail himself of the protection of the country of his citizenship because the circumstances in connection with which he has been recognised as a refugee in the Republic of Lithuania have ceased to exist;
6) as a stateless person he can return to the country of his former habitual residence because the circumstances, in connection with which he has been recognised as a refugee in the Republic of Lithuania, have ceased to exist;
7) acquired refugee status in the Republic of Lithuania by fraud, except where the information he submitted about himself did not have a decisive effect on the decision to grant him refugee status in the Republic of Lithuania;
8) staying in the Republic of Lithuania he may pose a threat to State security or public order or, by an effective court sentence, he has been found guilty of a serious or very serious offence;
2. Subsidiary protection granted to an alien shall be withdrawn if the alien:
1) can return to his country of origin because the circumstances in connection with which he has been granted subsidiary protection in the Republic of Lithuania have ceased to exist;
3) obtained the subsidiary protection status in the Republic of Lithuania by means of fraud , except where the information he submitted about himself did not have a decisive effect on taking the decision to grant him asylum;
4) if the alien’s stay in the Republic of Lithuania poses a threat to public security or public order;
3. The decision to withdraw the refugee status or subsidiary protection in the Republic of Lithuania shall be taken by the Migration Department, except on the grounds provided for in subparagraphs 5 and 6 of Article 88, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90 of this Law. The decision on these grounds shall be taken by the Vilnius District Administrative Court.
Article 91. Cooperation with International Organisations
1. When addressing the problems of asylum applicants and aliens granted asylum, state institutions and agencies shall cooperate with the Office of the UNHCR, provide conditions for the Office to fulfil the duties of supervising the application in the Republic of Lithuania of 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees, furnish it with the necessary information and statistical data on asylum applicants and aliens who have been granted asylum, on the implementation of the Convention and the Protocol and the regulations on asylum which are in effect or about to become effective.
2. Representatives of the Office of the UNHCR shall be allowed to immediately contact the asylum applicants. The Office of the UNHCR shall be entitled to receive information connected with the asylum applications.
3. Representatives of the Office of the UNHCR shall be granted access to places of detention and transit zones of airports and sea ports where asylum applicants are kept.
Article 92. Taking a Decision on the Giving of Temporary Protection to Aliens in the Republic of Lithuania
1. Where the EU Council takes a decision that there is a mass influx of aliens into the European Union, the Government of the Republic of Lithuania, on the recommendation of the Minister of the Interior, shall take a decision on granting of temporary protection to aliens.
2. If the Government of the Republic of Lithuania takes a decision on granting temporary protection, the aliens shall be allowed to enter into the Republic of Lithuania and shall be provided with accommodation within an area assigned to them by the Government of the Republic of Lithuania without restricting their freedom of movement.
3. Temporary protection shall be granted for a one-year period. The period of temporary protection may be extended but for no longer that one year.
4. Where an alien is entitled to be granted temporary protection in the Republic of Lithuania, but there are serious grounds to believe that there are reasons for refusing temporary protection, the Migration Department shall conduct an investigation in connection with the determination of the reasons.
Article 93. Reasons for Excluding Persons from Temporary Protection in the Republic of Lithuania
1. An alien shall be excluded from temporary protection in the Republic of Lithuania if:
1) there are serious grounds to believe that the alien has committed a crime against peace, a crime against humanity or a war crime or committed genocide within the meaning defined in the laws of the Republic of Lithuania, international treaties and other instruments of international law;
2) there are serious reasons to believe that the alien has committed a serious non-political crime outside the Republic of Lithuania prior to his admission into the Republic of Lithuania as a person enjoying temporary protection;
3) there are serious reason to believe that the alien has been guilty of acts contrary to the purposes and principles of the United Nations;
4) there are reasonable grounds for regarding the alien as a danger to public security or public order of the Republic of Lithuania;
2. The decision to exclude an alien from temporary protection in the Republic of Lithuania shall be taken by the Migration Department. The alien shall be refused entry into the Republic of Lithuania or, in case he already is within the territory of the Republic of Lithuania, shall be expelled from the Republic of Lithuania.
Article 94. Rights and Duties of Aliens Granted Temporary Protection in the Republic of Lithuania
1. Aliens granted temporary protection in the Republic of Lithuania shall have the following rights during the temporary protection period:
1) to file an application for asylum in the Republic of Lithuania in the manner prescribed by this Law;
2) to have access to free accommodation in the place designated by the Government of the Republic of Lithuania;
3) to be provided with all the necessary information regarding their legal status in the Republic of Lithuania in their native language or in a language which they understand;
2. Minors enjoying temporary protection in the Republic of Lithuania shall be entitled to study at schools of general education and vocational schools according to the procedure specified by the Minister of Education and Science.
3. The right referred to in paragraph 1 of this Article may also be implemented after the end of the period of temporary protection.
4. Family members of an alien who has been granted temporary protection in the Republic of Lithuania shall be entitled to temporary protection in the Republic of Lithuania. The right shall be implemented only if it is established that the family members were separated because of the events due to which the alien was granted temporary protection in the Republic of Lithuania.
5. Having been granted temporary protection in the Republic of Lithuania, aliens shall have the following duties:
1) to comply with the requirements of the Constitution, laws and other legal acts of the Republic of Lithuania;
3) to produce all the available documents and submit authentic information documents pertaining to the alien’s person;
4) to declare to the Foreigners’ Registration Centre, Refugee Reception Centre or territorial police agency in writing in free format the resources and assets owned in the Republic of Lithuania within three days from the granting of temporary territorial asylum and the resources received pending the examination of the application for asylum in the Republic of Lithuania within one day from the receipt thereof.
6. State funds of the Republic of Lithuania shall be allocated for implementing the rights of the asylum applicants specified in paragraphs 1 and 2 of this Article; resources of international organisations, EU structural funds, resources of humanitarian assistance funds established by natural and legal persons of the Republic of Lithuania may also be used to the extent the asylum applicant is unable to guarantee them by the resources and property subject to declaration.
Article 95. Issue of Personal Documents to Aliens who have been Granted Temporary Protection in the Republic of Lithuania
1. The Migration Department shall issue aliens who have been granted temporary protection in the Republic of Lithuania temporary residence permits which shall be valid for the entire duration of the protection.
Article 96. Withdrawal of Temporary Protection in the Republic of Lithuania
1. Temporary protection granted to an alien the Republic of Lithuania shall be withdrawn if:
CHAPTER V
LEGAL STATUS OF CITIZENS OF EU MEMBER STATES IN THE REPUBLIC OF LITHUANIA
Article 97. Entry into the Republic of Lithuania
1. An alien who is a citizen of an EU Member State may enter the Republic of Lithuania and stay in it for up to a three-month period counting from the first day of entry into the Republic of Lithuania.
Article 98. Grounds for Refusing a Citizen of an EU Member State Entry into the Republic of Lithuania
1. A citizen of an EU Member State shall be refused entry into the Republic of Lithuania if:
1) he is not in possession of a valid travel documents, unless otherwise established by the international treaty of the Republic of Lithuania, legal act of the European Union or the Government of the Republic of Lithuania;
Article 99. Residence in the Republic of Lithuania
1. A citizen of an EU Member State who enters the Republic of Lithuania for residence for a longer than a 3-month period in any half-year and meets at least one of the grounds provided in paragraph 1 of Article 101 of this Law shall declare his place of residence according to the procedure established by the Law on the Declaration of the Place of Residence.
2. Family Members of a citizen of an EU Member State who are not citizens of an EU Member State, having entered the Republic of Lithuania for residence for a longer than a 3-months period in any half year accompanying a citizen of an EU Member State or joining him must obtain an EU residence permit.
3. Declaring his place of residence a citizen of an EU Member State shall submit according to the procedure established by the Minister of the Interior documents attesting the grounds provided by paragraph 1 of Article 101 of this Law.
4. The decisions on the issue, extension and withdrawal of the EU residence permits shall be taken to aliens who are citizens of an EU Member State and to their family members shall be taken and the EU residence permits shall be issued, extended to them, renewed or withdrawn according to the procedure established in this Law by the institutions authorised by the Minister of the Interior.
Article 100. Time Limits of Processing Applications for the Issue or Renewal of the EU Residence Permit
An application for the issue or renewal of the EU residence permit must be processed within one month from the date of filing of the application to the appropriate institution.
Article 101. Grounds for the Right of a Citizen of a Member State of the European Union and his Family Member to Reside in the Republic of Lithuania
1. A citizen of a Member State of the European Union shall have the right to reside in the Republic of Lithuania if he:
2) has adequate means of subsistence for himself or the accompanying or joining family members sufficient for his stay in the Republic of Lithuania and a valid document in evidence that he has sickness insurance coverage;
3) he is a student, pupil, trainee, participant in advance training or professional training courses, has adequate means of subsistence for himself or the accompanying or joining family members, sufficient for his stay in the Republic of Lithuania, and a valid document in evidence that he has sickness insurance coverage;
2. Members of the family of an EU Member State citizen who are not citizens of an EU Member State shall have the right to obtain the EU residence permit when they enter the Republic of Lithuania accompanying a citizen of the Republic of Lithuania, availing themselves of the right of freedom of movement in the EU or joining him from the territory of another EU Member State.
3. In the case indicated in subparagraph 3 of paragraph 1 of this Article only the spouse, the person with whom a registered partnership agreement has been concluded, dependent children and dependent relatives according to direct ascending line of a citizen of an EU Member State, his spouse or the person with whom a registered partnership agreement has been concluded shall have the right to reside in the Republic of Lithuania.
Article 101(1). Retention of the Right to Reside in the Republic of Lithuania for the Family Members of a Citizen of an EU Member State
1. Family members of a citizen of an EU Member State shall retain the right to reside in the Republic of Lithuania in the following cases:
1) if the citizen of an EU Member State dies or departs from the Republic of Lithuania, when the family members hold the citizenship of an EU Member State and comply with the grounds established in paragraph 1 of Article 101 of this Law;
2) if the citizen of an EU Member State dies, then the family members are not citizens of an EU Member State if they reside in the Republic of Lithuania as family members for at least one year after the death of the citizen of an EU Member State;
3) after the annulment of the marriage, divorce and termination of the registered partnership agreement, when the family member holds the citizenship of an EU Member State and complies with the grounds established in paragraph 1 of Article 101 of this Law;
4) after the annulment of the marriage, divorce and termination of the registered partnership agreement, when the family member is not a citizen of an EU Member State, if the marriage or registered partnership lasted not less than 3 years, of them one year in the Republic of Lithuania, or if the family member holds guardianship or custodianship over the children of the citizen of an EU Member State of if the divorce occurred through the fault of the other spouse (a citizen of an EU Member State);
2. The family members indicated in subparagraphs 2 and 4 of paragraph 1 of Article 101 of this Law, when applying for the acquisition of the right to permanently reside in the Republic of Lithuania, shall submit the documents certifying the grounds established in subparagraphs 1 and 2 of paragraph 1 of Article 101 of this Law.
Article 102. Validity of the EU Residence Permit
Article 103. Relieving of the Obligation to Obtain a Work Permit
Citizens of an EU Member State and their family members intending to work in the Republic of Lithuania under an employment contract shall not be required to obtain a work permit.
Article 104. Grounds for Permanent Residence in the Republic of Lithuania
1. An EU Member State citizen, who legally resided in the Republic of Lithuania for the last 5 years or for whom the right to the citizenship of the Republic of Lithuania has been retained according to the procedure established by the Law on Citizenship or who is a person of Lithuanian descent or has come to the Republic of Lithuania accompanying a citizen of an EU Member State as his family member, shall acquire the right to permanently reside in the Republic of Lithuania.
2. The family members of a citizen of an EU Member State, indicated in paragraph 1 of this Article, shall also acquire the right to permanently reside in the Republic of Lithuania. if they have legally resided in it for the last 5 years with the citizen of an EU Member State or they have been retained the right to reside in the Republic of Lithuania according to paragraph 1 of Article 101(1) of this Law.
3. The Minister of the Interior shall establish the exceptional cases when the right of permanent residence in the Republic of Lithuania shall be granted to a citizen of an EU Member State or his family members who have legally resided in Republic of Lithuania for less than 5 years.
4. The citizen of an EU Member State shall be issued the document certifying his right to permanently reside in the Republic of Lithuania of the form established by the Minister of the Interior.
5. A family member of a citizen of an EU Member State who is not a citizen of an EU Member State shall be issued the EU residence permit in validation of his right to permanently reside in the Republic of Lithuania, which shall be executed for a 10 year period, with the intended extension upon the expiry of the period.
6. The period of absence from the Republic of Lithuania in excess of 6 moths per one year may be grounds for refusing to grant the right to permanently reside in the Republic of Lithuania, except in cases when absence from the Republic of Lithuania is due to serious reasons (due to pregnancy, child-bearing, serious illness, studies, professional education course or placement in a third country or in other cases established according to paragraph 8 of this Article.
7. The acquired right to permanently reside in the Republic of Lithuania shall be lost if the person departs from the Republic of Lithuania for a longer period than 2 consecutive years.
8. The procedure regulating the issue to a citizen of an EU Member State of a certificate in confirmation of his right to permanently reside in the Republic of Lithuania and the issue, extension and withdrawal of the EU residence permit to family members of a citizen of an EU Member State who are not citizens of an EU Member State shall be established by the Minister of the Interior.
Article 106. Withdrawal of the Right to Reside in the Republic of Lithuania
1. The right of an EU Member State citizen and/or his family members to reside in Republic of Lithuania may be withdrawn if the stay of the citizen and/or his family members
An EU Member State citizen or his family member shall be refused issue or extension of the EU residence permit or the permit shall be withdrawn if the stay of the citizen and/or his family members in the Republic of Lithuania would pose a threat state security and public order.
2. If an EU Member State citizen has been withdrawn the right to reside in the Republic of Lithuania, his family members shall also be withdrawn the right, except in cases when they are entitled to reside in Republic of Lithuania on other grounds established by this Law.
3. The decision on the withdrawal of the right to reside in the Republic of Lithuania on the grounds provided in paragraph 1 of this Article shall be taken by the Vilnius Regional Administrative Court.
Article 107. Integration of Aliens
1. The Republic of Lithuania shall provide for aliens holding a residence permit conditions for integration into political, social, economic and cultural life of the state in accordance with the procedure established by laws.
2. State resources of the Republic of Lithuania shall be allocated for implementing the Lithuanian State policy in the sphere of alien integration; resources of international organisations, EU structural funds, humanitarian assistance funds established by natural and legal persons, non-governmental organisations may also be used for the purpose.
Article 108. Lithuanian State Support for Integration of Aliens
1. The aliens who have been granted asylum in the Republic of Lithuania shall be provided Lithuanian State support for integration according to the procedure established by the Minister of Social Security and Labour.
Article 109. Organising Integration of Aliens
1. Implementation of integration of aliens shall be coordinated by an institution authorised by the Government of the Republic of Lithuania in the manner prescribed by the Government of the Republic of Lithuania.
2. The provision of Lithuanian State support for the integration of aliens who have been granted asylum in the Republic of Lithuania shall be coordinated and supervised by the Ministry of Social Security and Labour.
3. An institution or agency authorised by the Ministry of Social Security and Labour in conjunction with municipalities and non-governmental organisations shall organise and implement the provision of state support for the integration of aliens.
4. Municipalities and other legal persons who have concluded contracts with the institution authorised by the Minister of Social Security and Labour shall be responsible for the administration of support provided by the Lithuanian State to the integration of aliens who have been granted asylum in the Republic of Lithuania.
Article 110. Areas of Support by the Lithuanian State for the Integration of Aliens Granted Asylum in the Republic of Lithuania
Areas of support for the integration of aliens who have been granted asylum in the Republic of Lithuania, established by the laws of the Republic of Lithuania on state support and other legal acts:
Article 111. Naturalisation of Aliens
An alien shall have the right to the citizenship of the Republic of Lithuania as established in the Republic of Lithuania Law Citizenship.
Article 112. Restriction of Alien’s Freedom of Movement in the Republic of Lithuania
Article 113. Grounds for Detention of an Alien
An alien may be detained on the following grounds:
2) if the alien has illegally entered into or stays in the Republic of Lithuania, except in cases when he has filed an application for refuge in the Republic of Lithuania;
3) when it is attempted to return the alien to the country from whence he has come if the alien has been refused entry into the Republic of Lithuania;
Article 114. Detention of an Alien
1. An alien may be detained by the police or any other law enforcement institution officer for a period not exceeding 48 hours.
2. An alien shall be detained at the Foreigners’ Registration Centre for a period of over 48 hours on court order.
Article 115. Measures Alternative to Detention
1. In view of the fact that the alien’s identity has been established, he constitutes no threat to public security and public order, provides assistance to the court in determining the alien’s legal status in the Republic of Lithuania as well as other circumstances, the court may take a decision not to detain the alien and to grant him a measure alternative to detention.
2. Measures alternative to detention shall be as follows:
1) requiring that the alien regularly at the fixed time report at the appropriate territorial police agency;
2) requiring that the alien communicate his whereabouts at the fixed time by communication means to the appropriate territorial police agency;
4) entrusting the care of the alien, pending the resolution of the issue of his detention, to a citizen of the Republic of Lithuania or an alien legally resident in the Republic of Lithuania who is related to the alien, provided that the person undertakes to take care of and to support the alien;
3. In the event of failure to implement the measures alternative to detention imposed by the order of the court the territorial police agency shall apply to the court with a motion to detain the alien.
4. When taking a decision to impose a measure alternative to detention, the deadline for its application must be set.
Article 116. Applying to the Court with a Motion to Detain an Alien or to Grant him a Measure Alternative to Detention
1. If there are grounds for detaining an alien established by this Law, an officer of the police or any other law enforcement institution shall apply to the district court of the location of the alien’s stay with a motion to detain the alien for a period of over 48 hours or to grant the alien a measure alternative to detention within 48 hours from the moment of detention of the alien. The alien’s presence at the court hearing is mandatory. During the court hearing of the motion for detention of the alien or for granting him a measure alternative to detention the alien shall be entitled legal assistance guaranteed by the State of Lithuania.
2. The court shall hear the motion specified in paragraph 1 of this Article under the procedure prescribed by the Law on Administrative Proceedings and this Law.
3. The court’s decision to detain the alien or to grant him a measure alternative to detention must be forthwith announced in a language which the alien understands, indicating the reasons of his detention or of granting of measures alternative to detention. The court’s decision to detain the alien or to grant him a measure alternative to detention shall become effective from the moment of its announcement.
Article 117. Appealing the Decision to Detain an Alien
1. An alien shall be entitled to appeal to the Supreme Administrative Court of Lithuania, according to the procedure established by the Law on Administrative Proceedings, the regional court’s decision to detain him or to extend the detention period or to apply measures alternative to detention with respect to the alien. The appeal may be submitted through the Foreigners’ Registration Centre. The Foreigners’ Registration Centre shall transfer the appeal to the Supreme Administrative Court of Lithuania.
Article 118. Reconsideration of the Decision to Detain an Alien
1. Upon the disappearance of the grounds for the alien’s detention the alien shall be entitled to, whereas the institution which initiated the alien’s detention shall immediately apply to the regional court of the locality of his residence with a request for reconsideration of the decision to detain the alien.
2. Upon receipt of the application for reconsideration of the decision to detain the alien, filed by the alien or the institution which initiated the alien’s detention, the court shall within 10 days from the date of acceptance of the application reconsider the decision concerning the alien’s detention and shall pass one of the following decisions:
3. The decisions of the regional court listed in paragraph 2 of this Article shall become effective from the date of their passing.
Article 119. Termination of Detention
1. Upon the disappearance of the grounds for the alien’s detention the alien shall be immediately released based on the effective court’s decision.
Article 120 Identification of a Detained Alien
1. For the purposes of establishing the identity of a detained alien, an officer of the police or any other law enforcement institution shall have the right to seize temporarily the alien’s travel document, travel tickets, other documents (if the alien is in possession of any) until the identity of the alien and authenticity of his documents is established.
2. When carrying out the identification, an officer of the police or any other law enforcement institution shall have a right to carry a body search and inspect his personal belongings according to the procedure established by the laws of the Republic of Lithuania.
Article 121. Photographing and Fingerprinting an Alien
1. For purposes of identification an alien may be photographed and fingerprinted when he:
2) has been detained for illegal entry into, stay, residence in the Republic of Lithuania, transit through or departure from the Republic of Lithuania;
Article 122.DNA Testing
1. If an alien applies for the issue of a residence permit seeking to reside with the family or to be granted asylum, the Migration Department may oblige the alien and the person related to the alien by kinship to perform a DNA test to confirm kinship.
2. The performance of a DNA test may be requested only in case the alien is not able to prove the kinship relationship otherwise.
Article 123. Age Determination Test
1. If there are reasonable grounds to doubt the alien’s age, the Migration Department may oblige the alien who is applying for the issue of a residence permit or for the granting of asylum to undergo an age determination test.
2. The age determination test must be performed with the consent of the alien whose age has to be determined. Determining the age of an alien who is a minor the test shall be performed only with the consent of the alien’s parents, other legal representatives or temporary guardian (curator).
3. If the alien refuses to undergo an age determination test, he shall be considered as not meeting the conditions set by paragraph 1 of Article 26 of this Law.
4. If the alien who applies for the granting of asylum in Republic of Lithuania refuses to undergo an age determination test for no justifiable reasons, other information that cannot be confirmed by written evidence shall be assessed in accordance with paragraph 2 of Article 83 of this Law.
Article 124. Departure from the Republic of Lithuania
1. An alien must depart from the Republic of Lithuania before the expiry of the visa or temporary residence permit.
2. An alien must depart from the Republic of Lithuania before the end of his visa-free stay set by an international treaty of the Republic of Lithuania, an EU legal act or the Government of the Republic of Lithuania.
Article 125. Obliging to Depart from the Republic of Lithuania
An alien shall be obliged to depart from the Republic of Lithuania if:
4) the alien is staying in the Republic of Lithuania after the expiry of the temporary residence permit;
5) the alien lawfully entered into the Republic of Lithuania, but is staying in the Republic of Lithuania without possessing a temporary or a permanent residence permit where he is obliged to possess one;
Article 126. Grounds for Expulsion from the Republic of Lithuania
1. An alien shall be expelled from the Republic of Lithuania if:
1) the alien has failed to comply with the requirement obliging him to depart from the Republic of Lithuania within a set time period;
2. Provisions of subparagraphs 1 and 2 of paragraph 1 of this Article shall not apply to the aliens who may be returned to the country of origin or a foreign country as well as to asylum applicants. Such aliens shall be returned according to the provisions of Article 129 of this Law.
Article 127. Time Limits and Procedure of Implementing the Decisions regarding Requirement Obliging to Depart, Expulsion, Return and Passage in Transit through the Territory of the Republic of Lithuania
1. The decision obliging an alien to depart from the Republic of Lithuania shall be implemented within 15 days from the day of the serving thereof on the alien. The decision obliging a citizen of an EU Member state and/or his family members to depart from the Republic of Lithuania shall be implemented within one month from the day of serving of the decision on the alien
2. The decision regarding the expulsion of an alien from the Republic of Lithuania must be implemented without delay, unless there are circumstances which allow for the postponement of the implementation of the decision.
3. The decision on obliging an alien to depart from the Republic of Lithuania shall be taken and the implementation thereof shall be supervised by the police and the State Border Protection Service according to their respective competence.
4. The decision on the expulsion of an alien on the grounds set forth by subparagraphs 1 and 3 of paragraph 1 of Article 126 of this Law shall be taken by the Migration Department, on the expulsion of an alien on the ground set forth by subparagraph 3 of paragraph 1 of Article 126 – by the Vilnius District Administrative Court, while the said decisions shall be implemented by the State Border Protection Service or the police.
5. The decision on the return of an alien or on his transit through the territory of the Republic of Lithuania shall be taken by the Migration Department or the State Border Protection Service, whereas the decisions shall be implemented by the police or the State Border Protection Service.
Article 128. Circumstances Taken into Account when Making a Decision to Expel an Alien or Due to which the Expulsion of an Alien from the Republic of Lithuania May be Postponed
1. When taking a decision to expel an alien from the Republic of Lithuania account shall be taken of:
2. The implementation of the decision regarding the expulsion of an alien from the Republic of Lithuania shall be suspended if:
1) the decision regarding the expulsion of an alien from the Republic of Lithuania is appealed against in the court, except in cases when the alien must be expelled in view of the threat constituted by the alien to state security or public order;
3) the alien is in need of immediate medical aid, the necessity of which shall be confirmed by a consulting panel of a health care institution;
Article 129. Return
1. Aliens, including alien minors below the age of 18 years who stay illegally on the territory of the Republic of Lithuania may be returned voluntarily or by force to the country of origin or to a foreign country to which they have the right to depart.
2. An unaccompanied alien minor shall be returned only provided that he will be duly taken care of in the foreign country to which the alien minor is returned, having regard to his needs, age and level of independence.
3. In case an unaccompanied alien minor cannot be returned to the country of origin or any other country, he must be granted the right to reside in the Republic of Lithuania on the ground set in subparagraph 8 of paragraph 1 of Article 40 of this Law.
Article 130. Prohibition to Expel or to Return an Alien
1. It shall be prohibited to expel or to return an alien to a country where his life or freedom is under threat as he may be subjected to persecution on the grounds of race, religion, citizenship, political opinion or membership of a social group or to a country from whence he may later be expelled into such a country.
2. An alien shall not be expelled from the Republic of Lithuania or returned to a country where there are serious grounds to believe that in the country the alien will be tortured, subjected to cruel, inhuman or degrading treatment or punishment.
3. An alien shall be exempt from the provisions of paragraph 1 of this Article if he, for valid reasons, constitutes a danger to the security of the Republic of Lithuania or by an effective court sentence he has been declared guilty of a heavy or extremely heavy offence and poses a threat to the public.
4. The alien shall not be expelled from the Republic of Lithuania, neither will he be returned to a foreign state, if he has been granted a period of grace, over which he, as the present or former victim of crime, linked to trafficking in human beings, must decide whether to cooperate the pre-trial investigation body or the court.
Article 131 Resources of Expulsion or Return
1. An alien shall not be expelled from the Republic of Lithuania or returned to the country of origin or foreign state to which he has the right to proceed:
2) with the resources of the natural or legal person who invited the alien to the Republic of Lithuania;
2. In the absence of resources provided for by subparagraph 1 of this Article, the alien shall be expelled from the Republic of Lithuania or returned at the expense of the State. The said state resources shall be recovered according to the procedure established by legal acts from the natural or legal persons who invited the alien into the Republic of Lithuania or from the carriers brought the alien to the Republic of Lithuania.
Article 132. Issue of a Temporary Residence Permit to an Alien whose Expulsion from the Republic of Lithuania has been Suspended
If an alien’s expulsion from the Republic of Lithuania is suspended due to the circumstances provided for by subparagraphs 2 to 4 of paragraph 2 of Article 128 of this Law and the circumstances have not disappeared within one year from the suspension of enforcement of the decision to expel the alien, he shall be issued a temporary residence permit on the grounds set in subparagraph 8 of paragraph 1 of Article 40 of this Law.
Article 133. Prohibition to Enter into the Republic of Lithuania
1. An alien who has been refused a visa of the Republic of Lithuania or the visa has been cancelled, who has been refused entry into the Republic of Lithuania, has been obliged to depart, expelled from the Republic of Lithuania or returned to the country of origin or a foreign country, who attempted to illegally depart or departed from the Republic of Lithuania, whose entry into and stay in the Republic of Lithuania would constitute a threat to public security or public order may be prohibited from entering into the Republic of Lithuania for a fixed or an indefinite period of time.
2. The provisions of paragraph 1 of this Article may be derogated from in respect of an alien who gave voluntary consent and was returned to the country of origin or a foreign country to which he had the right to depart.
3. The list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania shall be drawn up and administered by the Migration Department according to the procedure established by the Government of the Republic of Lithuania.
Article 134. Alien’s Transfer in Transit through the Territory of the Republic of Lithuania
1. An alien may be transferred under an international treaty of the Republic of Lithuania or an EU legal act from one foreign country to another foreign country in transit through the territory of the Republic of Lithuania where proof is submitted that he has the right to proceed to the foreign country as well as evidence of necessity of transit through the territory of the Republic of Lithuania.
2. The transfer of an alien through the territory of the Republic of Lithuania shall be prohibited if:
1) the reasons specified in paragraphs 1 and 2 of Article 130 of this Law are established in the country of transfer;
Article 135. Illegal Departure from the Republic of Lithuania
1. An alien’s departure from the Republic of Lithuania shall be considered illegal if the alien:
2) departing from the Republic of Lithuania produces another person’s documents or forged documents;
3) departs from the Republic of Lithuania despite the application with respect to him of restrictions of freedom of movement in the Republic of Lithuania;
CHAPTER X
APPEALING AGAINST THE DECISIONS ON THE LEGAL STATUS OF ALIENS AND SUBMITTING APPEALS TO THE VILNIUS DISTRICT ADMINISTRATIVE COURT
Article 136. Right of Appeal against a Decision
Decisions taken in accordance with this Law may be appealed against according to the procedure established by this Law and the Law on Administrative Proceedings.
Article 137. Filing an Appeal
1. An appeal against a decision taken in accordance with this Law may be filed with the appropriate administrative court in the manner and under the conditions established by the Law on Administrative Proceedings, except in the cases provided for in this Law.
2. An appeal against a decision taken in accordance with this Law, if the decision has been taken on the application submitted on behalf of the family according to paragraph 2 of Article 67 of this Law, may be filed by an alien who submitted the application on behalf of the family or by any adult family member.
Article 138. Time Limits for Filing an Appeal
An alien may file an appeal against the decision taken under this Law to an appropriate district administrative court within 14 days from the day of filing of the decision.
Article 139. Suspension of Implementation of the Decision Appealed against
1. The implementation of a decision appealed against shall be suspended when:
2) the alien who filed an asylum application is not granted temporary territorial asylum in the Republic of Lithuania and is obliged to depart from the Republic of Lithuania or is expelled from it to a safe third country or the country of origin;
3) the alien is refused asylum and is obliged to depart from the Republic of Lithuania, is expelled from it or is returned to a foreign country or the country of origin, the processing of the asylum application is terminated or the granted asylum is withdrawn;
2. The provisions of subparagraphs 4 of paragraph 1 of this Article shall not apply in cases where the ground for expulsion is connected with the threat to public security or public order constituted by the alien’s stay in the Republic of Lithuania.
Article 140. Hearing of Appeals and Requests to Adopt a Decision, Adoption of Decision and Appealing against it
1. The courts shall hear the appeals and requests to adopt a decision and shall adopt decisions according to the procedure established by the Law on Administrative Proceedings and this Law.
2. The court shall hear the appeal or the request to adopt a decision not later than within 2 months from the day the court passed the ruling on the admissibility of the appeal.
3. Upon hearing the case the court shall adopt one of the following decisions:
Article 140(1) Appealing to the Vilnius District Administrative Court with a Request to Adopt a Decision on Withdrawing the Alien’s Right to Reside in the Republic of Lithuania and/or Expulsion of the Alien from the Republic of Lithuania
1. The State Security Department shall apply to the Vilnius District Administrative Court concerning the danger indicated in subparagraph 2 of paragraph 1 of Article 54, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90 of this Law, paragraph 1 of Article 106 and subparagraph 3 of paragraph 126 of this Law posed by the alien to the public order with a request to adopt a decision to withdraw the right of the alien to reside in the Republic of Lithuania and/or to expel the alien from the Republic of Lithuania.
2. The Police Department under the Ministry of the Interior or the territorial police establishment at the behest of the General Commissar of the Lithuanian Police shall apply to the Vilnius District Administrative Court concerning the danger indicated in subparagraph 2 of paragraph 1 of Article 54, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90 of this Law, paragraph 1 of Article 106 and subparagraph 3 of paragraph 126 of this Law posed by the alien to the public order with a request to adopt a decision to withdraw the right of the alien to reside in the Republic of Lithuania and/or to expel the alien from the Republic of Lithuania.
3. The request to adopt the decision shall comply with the requirements of the Law on Administrative proceedings. The administrative cases may be heard on the requests specified in paragraphs 1 and 2 of this Law by using factual data which constitute state or service secret and with the Migration Department participating. These data shall be exempt from the provisions on disclosure provided in the Laws on Administrative Proceedings.
Article 141. Right to Receive Information from State and Municipal Institutions and Agencies
The Migration Department shall have the right to receive from state and municipal institutions and agencies of the Republic of Lithuania information relating to aliens required for the discharge of functions by the Migration Department in determining the aliens’ legal status in the Republic of Lithuania.
Article 142. Processing of Data relating to Aliens
1. The data relating to aliens whose legal status in the Republic of Lithuania is determined under this Law and other laws of the Republic of Lithuania shall be entered in the Register of Aliens.
2. The founder of the Register of Aliens is the Government of the Republic of Lithuania which shall approve the Regulations of the register.
Article 143. Liability of Aliens
Aliens shall be held liable under the laws of the Republic of Lithuania unless otherwise established by the international treaties of the Republic of Lithuania, the EU legal acts or this Law.
Article 144. International Agreements
If international agreements to which the Republic of Lithuania is a party provide otherwise than this Law, provisions of the international agreements shall apply.
Article 145. Application of More Favourable Provisions
Provisions of Chapter V of this Law shall apply to citizens of the EFTA member states and their family members who exercise the right to freedom of movement.
Article 146. Implementation of the Law
1. The procedure for implementing this Law shall be set forth by the Republic of Lithuania Law on the Implementation of the “Law on the Legal Status of Aliens”.
2. Upon the entry into fore of this Law the following laws shall be repealed:
2) Law Amending Article 15 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (1996);
3) Law Repealing Article 18 and Amending Article 19 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (1997);
4) Law Amending Article 5 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (1998);
6) Law Amending Articles 5, 7, 10, 14 of Republic of Lithuania Law “On the Legal Status of Aliens” (1999);
7) Law Amending Articles 19 and 26 of Republic of Lithuania Law “On the Legal Status of Aliens” (2000);
11) Law Amending Article 8, 9 and 11 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (2000);
13) Law Amending Articles 2, 4, 5, 6, 8, 9, 10, 11, 13, 14, 18, 22, 26 of Republic of Lithuania Law “On Refugee Status” and Supplementing the Law with Articles 121 , 122 , 123 , 124 ; 125, 126 :(2002)
1. Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain on the territory of a Member State after having been employed in that State
3. Council Resolution of 20 June 1994 on limitation on admission of third-country citizens to the territory of the Member States for employment
4. Council Resolution of 30 November 1994 on the admission of third-country citizens to the territory of the Member States for study purposes
5. Council Resolution of 30 November 1994 relating to the limitations on the admission of third-country citizens to the territory of the Member States for the purpose of pursuing activities as self-employed persons
6. Council Decision of 30 November 1994 on a joint action adopted by the Council on the basis of Article K.3.2.b of the Treaty on European Union concerning travel facilities for school pupils from third countries resident in a Member State
8. Council Resolution of 25 September 1995 on burden- sharing with regard to the admission and residence of displaced persons on a temporary basis
9. Council recommendation of 22 December 1995 on harmonizing means of combating illegal immigration and illegal employment and improving the relevant means of control
10. 96/198/JHA: Council Decision of 4 March 1996 on an alert and emergency procedure for burden-sharing with regard to the admission and residence of displaced persons on a temporary basis
11. Joint Position of 4 March 1996 defined by the Council on the basis of Article K.3 of the Treaty on European Union on the harmonized application of the definition of the term'refugee' in Article 1 of the Geneva Convention of 28 July 1951 relating to the status of refugees
12. Council resolution of 4 March 1996 on the status of third-country citizens residing on a long-term basis on the territory of the Member States
13. 96/197/JHA: Joint Action of 4 March 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union on airport transit arrangements
14. Council Recommendation of 27 September 1996 on combating the illegal employment of third-country citizens
16. Council Resolution of 4 December 1997 on measures to be adopted on the combating of marriages of convenience
17. Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention
18. Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose citizens must be in possession of visas when crossing the external borders and those whose citizens are exempt from that requirement
19. Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country citizens
20. Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa
21. Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
22. Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose citizens must be in possession of visas when crossing the external borders of Member States and those whose citizens are exempt from that requirement
23. Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention
24. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers
25. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification. (OJ 2004 Special edition, Chapter 19, Volume 6, p. 224)
26. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. (OJ 2004 Special edition, Chapter 19, Volume 6, p. 272)
27. Corrigendum to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 Special edition, Chapter 19, Volume 5, p. 46)
28. Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ 2004 Special edition, Chapter 19, Volume 7, p. 69)
29. Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 Special edition, Chapter 19, Volume 7, p. 96)