the REPUBLIC OF LITHUANIA
LAW
ON THE LEGAL STATUS OF ALIENS
17 December 1998 No. VIII-978
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Definitions
1. Alien means any person other than a citizen of the Republic of Lithuania irrespective of whether he has citizenship of any foreign state or has no citizenship whatsoever.
2. Visa - means a document possession of which may be established by the Government of the Republic of Lithuania as one of the preconditions for entry into the Republic of Lithuania, for staying in it or travelling in it by transit.
3. Travel document means the passport of a foreign national or a travel document parallel to it, intended for travelling to a foreign country and recognized in the Republic of Lithuania.
4. Temporary residence permit in the Republic of Lithuania means a document granting an alien the right for a temporary residence in Lithuania for a period specified therein.
5. Permanent residence permit in the Republic of Lithuania means a document granting an alien the right for residence in the Republic of Lithuania for a period of unlimited duration.
6. Work permit in the Republic of Lithuania means a document granting an alien the right to work under a contract of employment for a period specified therein.
7. Departure requirement means a decision obliging an alien to depart voluntarily from the territory of the Republic of Lithuania.
8. Deportation means a compulsory transportation or removal of an alien from the territory of the Republic of Lithuania.
9. Authorised representative means a person who, under the laws of the state of which a juvenile alien is a national or where he is domiciled, is responsible for the juvenile during his stay in the territory of the Republic of Lithuania.
10. Employment quota for aliens means the number of employed aliens which, in accordance with the needs of the labour market of Lithuania, is annually established by the Government of the Republic of Lithuania.
Article 2. Scope
1. This Law shall regulate the arrival and departure, temporary or permanent residence, legal responsibility and other issues relating to the legal status of aliens in the Republic of Lithuania.
Article 3. The 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, this Law, other laws of the Republic of Lithuania, and international agreements.
2. In the Republic of Lithuania aliens shall be equal before the law without distinction as to race, sex, colour, religion, political or other opinions, national and social origin, ethnic origin, property status, the place of birth or any other status.
Article 4. Crossing State Borders
1. Aliens may enter the territory of the Republic of Lithuania or depart from it only through the border check points.
Article 5. The Visa
1. An alien coming to the Republic of Lithuania must have a visa of the Republic of Lithuania in the valid travel document unless a resolution of the Government of Lithuania or an international agreement provide otherwise.
2. A visa to enter the Republic of Lithuania shall be issued by a diplomatic or consular institution of the Republic of Lithuania. In the Republic of Lithuania, the Ministry of Foreign Affairs, the Ministry of the Interior or an institution authorised by it shall have the right to issue visas.
Article 6. Entry of Minors
Children under 18 years of age shall have the right to come to the Republic of Lithuania together with their parents, with one of the parents or other lawful representative, or on their own, when going to the parents, to one of the parents or other lawful representative.
Article 7. The Grounds for Refusing Admission to an Alien
1. An alien shall be refused admission to the Republic of Lithuania if:
3) he declines to produce to the border police the proof of identity and state the purpose of the visit;
4) he is unable to produce proof of sufficient funds for the stay in the Republic of Lithuania, a return trip to his country or proceed to another country which he has the right to enter;
6) his presence in the Republic of Lithuania would pose a threat to national security, public order, the health and morals of its inhabitants;
Article 8. Departure
1. An alien must depart from the Republic of Lithuania before the expiry of the visa or a temporary residence permit.
2. If an alien arrived from the country with a visa-free regime, he must depart from the Republic of Lithuania before the expiry of the term of his stay in the Republic of Lithuania prescribed by an international agreement to which the Republic of Lithuania is a party or by a resolution of the Government of the Republic of Lithuania.
Article 9. The Right of Aliens to Residence in the Republic of Lithuania
Aliens shall have the right to residence in the Republic of Lithuania in the manner and under the terms and conditions of this Law.
Article 10. Residence Permits in the Republic of Lithuania
1. Aliens shall be issued the following residence permits in the Republic of Lithuania:
Article 11. Issuance of Residence Permits in the Republic of Lithuania
1. A residence permit in the Republic of Lithuania shall be issued to an alien by the Ministry of the Interior or a body authorised by it.
2. An alien may submit an application for a residence permit in the Republic of Lithuania to a diplomatic mission or a consular office of the Republic of Lithuania.
Article 12. Time Limits for Consideration of an Application for a Residence Permit in the Republic of Lithuania
An alien’s application for a residence permit in the Republic of Lithuania must be considered:
1) not later than three months after the date of filing the application for a temporary residence permit in the Republic of Lithuania;
Article 13. Validity of the Decision to Issue a Residence Permit in the Republic of Lithuania to an Alien
1. A decision to issue a residence permit to an alien in the Republic of Lithuania shall become invalid if the alien failed to avail himself of it:
2. The time limit specified in paragraph 1 of this Article shall be calculated from the date of making the decision.
Article 14. Refusal to Issue a Residence Permit in the Republic of Lithuania to an Alien
1. An alien shall be refused a residence permit in the Republic of Lithuania if:
1) his residence in the Republic of Lithuania poses a threat to national security, public order, or health and morals of people;
Article 15. Freedom of Movement of the Alien in Possession of a Residence Permit in the Republic of Lithuania
1. A residence permit in the Republic of Lithuania shall entitle the alien to choose a place of residence in the country, to change it, to depart from and re-enter Lithuania during the period of validity of the permit.
Article 16. Notice of Information
1. The alien who has been granted a temporary residence permit in the Republic of Lithuania, within seven days after his arrival to the Republic of Lithuania, must notify the Ministry of the Interior or an institution authorised by it about his arrival.
2. The alien in possession of a temporary residence permit in the Republic of Lithuania, within seven days after the change of circumstances, must notify the Ministry of the Interior or an institution authorised by it in the event of:
3. The alien in possession of a permanent residence permit in the Republic of Lithuania, within seven days after the change of circumstances, must notify the Ministry of the Interior or an institution authorised by it in the event of:
4. An institution or an employer, within seven days, must notify the Ministry of the Interior or an institution authorised by about an alien in the following cases:
1) an employer - about the termination of a contract of employment with an alien in possession of a temporary residence permit in the Republic of Lithuania;
2) the State Tax Inspectorate - about an alien in possession of a temporary residence permit in the Republic of Lithuania who has terminated business and commerce activities or any other employment in the Republic of Lithuania;
3) an educational institution - about the expulsion of an alien in possession of a temporary residence permit in the Republic of Lithuania or his discontinuation of studies;
Article 17. Register of Aliens
1. An alien who is in possession of a residence permit in the Republic of Lithuania for a period longer than a year shall be given a personal code in accordance with the procedure established by the Government of the Republic of Lithuania.
Article 18. A Temporary Residence Permit in the Republic of Lithuania
1. An alien intending to reside in the Republic of Lithuania for a period of longer than ninety days must obtain a temporary residence permit.
2. A temporary residence permit in the Republic of Lithuania shall be issued for a period of one year.
Article 19. Eligibility of Aliens to Obtain a Temporary Residence Permit in the Republic of Lithuania
1. An alien is eligible to obtain a temporary residence permit in the Republic of Lithuania provided:
1) he has retained the right to citizenship of the Republic of Lithuania in the manner prescribed by the Law on Citizenship;
2) one or both of the alien’s parents who are citizens of the Republic of Lithuania reside in the Republic of Lithuania;
3) the alien’s children who are citizens of the Republic of Lithuania reside in the Republic of Lithuania;
2. Other aliens are eligible to obtain temporary residence permits in the Republic of Lithuania provided:
1) they have sufficient means of subsistence from lawful activity in the Republic of Lithuania or abroad;
2) they register in the prescribed manner a foreign capital enterprise with the authorised capital or the value of shares held of no less than 250, 000 Litas;
3) they come to Lithuania to undertake scientific research or take up teaching positions at scientific or educational institutions;
4) they have been enrolled as students at an educational institution or for improvement of their qualifications in the Republic of Lithuania;
3. An alien may be issued a temporary residence permit in the Republic of Lithuania for reasons of humanitarian nature.
Article 20. Issuance of a Temporary Residence Permit in the Republic of Lithuania on the Grounds of Marriage
1. An alien who has entered into a marriage with a citizen of the Republic of Lithuania or an alien in permanent residence in the Republic of Lithuania shall be issued a temporary residence permit in the Republic of Lithuania for a period of one year. A new permit shall be issued to an alien each year on the same grounds provided the marriage has not bee dissolved.
Article 21. Reasons for Cancellation of Temporary Residence Permits in the Republic of Lithuania
1. A temporary residence permit for an alien in the Republic of Lithuania shall be rescinded if:
2) after committing a crime punishable by imprisonment the alien has served the sentence or has been released on parole in the Republic of Lithuania;
3) business, commercial or other type of activities in the Republic of Lithuania is not carried out or is discontinued;
5) the alien has discontinued studies or improvement of qualifications at scientific or educational institutions or has been expelled from them;
6) the residence of the alien in the Republic of Lithuania poses a threat to national security, public order, to health and morals of the inhabitants;
2. A temporary residence permit in the Republic of Lithuania may be rescinded after the dissolution of marriage, where the marriage constituted the grounds for the issue of a temporary residence permit.
Article 22. Terms an Conditions for the Issuance of a Permanent Residence Permit in the Republic of Lithuania
1. Upon his request, an alien shall be issued a permanent residence permit in the Republic of Lithuania provided he meets the following conditions:
1) for the last five years he has been in possession of a temporary residence permit in the Republic of Lithuania;
2. The terms and conditions specified in paragraph 1 of this Article shall not be applicable to an alien who has retained the right to citizenship of the Republic of Lithuania and to the accompanying members of his family when they settle permanently in the Republic of Lithuania.
Article 23. Terms and Conditions for Issuance of a Permanent Residence Permit in the Republic of Lithuania for Reasons of the Family Reunification
An alien who has arrived in the Republic of Lithuania for residence in cases set forth in subparagraphs 2, 3, and 4 of paragraph 1, Article 19 of this Law, and who has lived in the Republic of Lithuania for the last two years, shall be issued a permanent residence permit in the Republic of Lithuania provided he qualifies for the requirements specified in subparagraphs 2 and 3 of paragraph 1, Article 22 of this Law, and there are no reasons laid down in Article 14 of this Law to refuse him the issue of a permanent residence permit in the Republic of Lithuania.
Article 24. Grounds for Rescission of Permanent Residence Permits in the Republic of Lithuania
1. A permanent residence permit in the Republic of Lithuania for an alien may be rescinded if:
2) after committing a premeditated crime in the Republic of Lithuania which is punishable by imprisonment, the alien has served the sentence or has been released on parole in the Republic of Lithuania;
3) his residence poses a threat to national security, public order, or to health and morals of the inhabitants;
Article 25. Obligation of an Alien to Obtain a Work Permit
An alien wishing to take up employment under an employment contract must obtain a work permit.
Article 26. Aliens Who are not Required to Obtain a Work Permit
An alien shall not be obliged to obtain a work permit provided:
2) he has a temporary residence permit in the Republic of Lithuania issued in accordance with subparagraphs 1-4 of paragraph 1, Article 19;
3) he wishes to be employed in order to implement joint programs of the the Government with foreign states;
4) he is manager or his authorised representative of a foreign enterprise or an institution that has established economic relations with a counterpart enterprise or an institution of the Republic of Lithuania;
Article 27. Issuance of a Work Permit
Article 28. Time Limits for Examination of an Application for a Work Permit in the Republic of Lithuania
The alien’s application for a work permit in the Republic of Lithuania must be examined within three months from the date of filing the application.
Article 29. Validity of a Work Permit in the Republic of Lithuania
1. A work permit for an alien in the Republic of Lithuania shall be issued for a period not longer than one year and shall state the job (position) and the enterprise (institution) where the alien will be employed.
2. In the event of business exigency, a permit may be issued by the Ministry of Social Security and Labour for a period necessary to complete the work in progress but not longer than two years. If the contract of employment is extended such aliens shall be included into the aliens’ employment quota for that year.
Article 30. Employment of Aliens
1. An employer may conclude a contract of employment with an alien who has a valid work permit, with the exception of cases specified in Article 26 of this Law.
2. It shall be obligatory to state in the contract of employment the job (post) and the period of employment for the alien, also the obligation of the alien to be employed only for the job stated in the contract, and to depart from the Republic Lithuania after the termination of the period set forth in the contract of employment.
3. A contract of employment with an alien may not be concluded for a period longer than the period of validity of the work permit obtained by the alien.
4. Within three days, the contract of employment signed by both parties shall be filed for registration with the Labour Exchange of Lithuania which, within two weeks, shall examine if the alien is being employed in accordance with the procedure and conditions set forth in this Law. The contract of employment shall become effective following its registration with the Labour Exchange of Lithuania.
Article 31. Grounds for Rescission of Work Permits in the Republic of Lithuania
1. A work permit shall be rescinded if:
2) the alien failed to conclude a contract of employment within one month from the issuance of a work permit or entered into a different employment without a permit;
Article 32. Requirement for an Alien’s Departure
1. An alien whose visa or a residence permit in the Republic of Lithuania were rescinded or who continues to reside in the Republic of Lithuania with an invalid visa or a temporary residence permit shall be required to depart from the Republic of Lithuania.
2. In the event of a visa-free entry into the Republic of Lithuania an alien shall be required to depart from the state if he has stayed here for a period longer than provided by an international agreement to which the Republic of Lithuania is a party or by a resolution of the Government of the Republic of Lithuania.
Article 33. Time Limits for the Enforcement of Departure or Deportation Orders
1. An order requiring an alien to depart from the Republic of Lithuania must be enforced within ten days from the date of service of the order.
Article 34. Grounds for the Deportation of an Alien
An alien shall be deported from the Republic of Lithuania if:
1) he has failed to comply with the requirement to depart from the Republic of Lithuania within a specified time;
Article 35. Handing Down Orders Requiring Departure or Deportation of an Alien from the Republic of Lithuania
1. Orders requiring an alien to depart or be deported from the Republic of Lithuania, with the exception of aliens in possession of a permanent residence permit in the Republic of Lithuania, shall be handed down by the Ministry of the Interior or an institution authorised by it.
2. Orders with regard to the deportation of aliens in possession of permanent residence permits in the Republic of Lithuania shall be handed down by a court on the recommendation of the Ministry of the Interior.
Article 36. Circumstances Taken into Account when Deporting an Alien or Owing to Which the Deportation of an Alien from the Republic of Lithuania May be Postponed
1. When considering the deportation of an alien from the country account shall be taken of:
2. The deportation of an alien from the Republic of Lithuania shall be postponed provided:
1) there may be a real threat to his life or health in the country to which an alien is being deported or where he may be subject to prosecution for his political convictions or any other reasons;
3) the order for the deportation of an alien from the Republic of Lithuania is appealed against in court;
Article 37. Complaint against an Order to Deport an Alien from the Republic of Lithuania
An order of the Ministry of the Interior or an institution authorised by it to deport an alien from the Republic of Lithuania may be appealed against in court within seven days after the date of service of the order to the alien. The court will hand down a decision within ten days after the date of filing the appeal.
Article 38. Temporary Accommodation of an Alien at the Aliens Registration Centre
Before deporting from the Republic of Lithuania of aliens who have arrived or who are present therein unlawfully in the manner prescribed by law they may be temporarily accommodated at the Aliens Registration Centre.
Article 39. Expenses of Deportation
1. An alien shall be deported from the Republic of Lithuania:
Article 40. Liability of Carriers
1. If an alien has unlawfully arrived at the Republic of Lithuania the carrier who has brought such an alien shall return him back to the state from which he has been brought at his own expense.
Article 41. Prohibition to Arrive at the Republic of Lithuania
1. An alien who has been deported from the Republic of Lithuania pursuant to Article 34 of this Law may be prohibited from re-entry into the Republic of Lithuania for a definite or an indefinite period.
Article 42. Liability of Aliens
Aliens who have committed a crime or other offence in the Republic of Lithuania shall be held liable under the laws of the Republic of Lithuania if international agreements to which the Republic of Lithuania is a party do not provide otherwise.
Article 43. Duty of an Alien to Prove His Identity and Legal Grounds of His Presence in the Republic of Lithuania
At the request of a police officer an alien must produce documents proving his identity and showing that his presence in the country is lawful.
Article 44. Identification of an Alien
1. If there are reasonable grounds to doubt the identity of an alien or authenticity of his travel documents, a police officer shall have the right to seize temporarily the travel document, travel tickets and other documents until the identity of the alien or authenticity of his documents is established.
2.If the detained alien fails to produce documents specified in paragraph 1 of this Article the police officer shall have the right to carry a check on the person and inspect his personal belongings. A record thereon shall be drawn up.
Article 45. The Right of the Police to Detain an Alien for Purposes of Identification
1. The police shall have the right to detain an alien:
2. An alien who cannot attest or fails to attest his identity or his lawful presence in the Republic of Lithuania may be detained by the police for not more than forty-eight hours. If during that time the identity of the alien or lawfulness of his presence in the Republic of Lithuania cannot be established, he shall be sent by a court order to the Aliens Registration Centre.
CHAPTER IX
THE RIGHT OF COMPLAINT AGAINST AN ADMINISTRATIVE AUTHORITY AND DECISIONS MADE BY AN OFFICIAL
Article 46. The Right of an Alien to Lodge a Complaint
1. An alien who thinks that his rights have been violated may lodge, in the manner prescribed by law of the Republic of Lithuania, a complaint against decisions of administrative authorities and officials made pursuant to this Law.
Article 47. Reasons for Lodging Complaints against Decisions Made by an Administrative Authority or an Official
1. A decision made by an administrative authority or an official on the refusal to issue an alien a temporary or a permanent residence permit in the Republic of Lithuania or on the rescission of a temporary residence permit may be appealed against by the alien to the court.
Article 48. The Appeals Procedure
1. An appeal against the acts or omissions of administrative authorities or officials may be filed by a person whose rights have been violated or by his attorney.
Article 49. International Agreements
If an international agreement to which the Republic of Lithuania is a party provides differently from this Law, provisions of the international agreement shall apply.
Article 50. Entry into Force and Implementation of This Law