REPUBLIC OF LITHUANIA
LAW ON
RESETTLEMENT OF PERSONS TO THE REPUBLIC OF LITHUANIA
26 April 2019 No XIII-2077
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall establish the organisation of resettlement of citizens of the Republic of Lithuania, persons of Lithuanian descent, persons having the right to reinstate citizenship of the Republic of Lithuania in accordance with the Law of the Republic of Lithuania on Citizenship (hereinafter: a ‘person having the right to reinstate citizenship of the Republic of Lithuania’), their family members and other persons specified in this Law from a humanitarian crisis-hit foreign state or part thereof to the Republic of Lithuania for permanent residence, the granting of state support thereto for the purposes of entry into and integration in the Republic of Lithuania, the granting and withdrawal of the status of a person to be resettled, the rights and duties of persons to be resettled in the Republic of Lithuania and other issues related to the resettlement of these persons to the Republic of Lithuania.
2. The provisions of other laws of the Republic of Lithuania shall apply to legal relations regulated by this Law to the extent they are not regulated by this Law.
Article 2. Definitions
1. Humanitarian crisis means a singular event or a series of events (war, terrorist act, mass riots, epidemic, famine, emergency, etc.) that is/are threatening in terms of life, health, safety, property and/or well-being of persons residing in a foreign state or part thereof.
2. Person to be resettled means a citizen of the Republic of Lithuania, a person of Lithuanian descent, a person having the right to reinstate citizenship of the Republic of Lithuania and a member of their family or another person specified in this Law who permanently reside in a humanitarian crisis-hit foreign state or part thereof and who are resettled to the Republic of Lithuania upon granting them the status of a person to be resettled and entering them onto the list of persons to be resettled.
3. Integration of a person to be resettled (hereinafter: ‘integration’) means the process of adaptation of a person to be resettled and his involvement in a fully-fledged political, social, economic and cultural life in the Republic of Lithuania, covering the provision of administrative, educational, health care, social and other public services and support in accordance with the procedure established by the Government of the Republic of Lithuania.
4. Operator of the travel of a person to be resettled to the Republic of Lithuania (hereinafter: a ‘travel operator’) means a natural or legal person, organisation or unit thereof providing the services of organisation and/or delivery of the travel of a person to be resettled to the Republic of Lithuania.
5. Family member of a person to be resettled (hereinafter: a ‘family member’) means the spouse of a person to be resettled or the person with whom a registered partnership has been contracted, as well as the direct descendants of the person to be resettled, his spouse or the person with whom the registered partnership has been contracted who are under the age of 21 years, on condition that they are not married, or who are dependants and dependent relatives in the direct ascending line.
6. Resettlement to the Republic of Lithuania means the entry of a person to be resettled into the Republic of Lithuania for permanent residence and his integration in the Republic of Lithuania.
7. Coordinator of resettlement to the Republic of Lithuania (hereinafter: a ‘resettlement coordinator’) means the Minister of Foreign Affairs of the Republic of Lithuania designated diplomatic mission, consular post of the Republic of Lithuania, ad hoc group of consular officers transmitting an application of a person to be resettled concerning the granting of the status of a person to be resettled to the Migration Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter: the ‘Migration Department’) and coordinating the entry of persons to be resettled into the Republic of Lithuania.
8. State support for the integration of persons to be resettled (hereinafter: ‘support for integration’) means the measures which are aimed at integration and which persons to be resettled are entitled to avail of.
9. Operator of state support for the integration of persons to be resettled (hereinafter: an ‘integration operator’) means a legal person, another organisation or a unit thereof selected or designated in accordance with the procedure established by the Minister of Social Security and Labour of the Republic of Lithuania and providing support for integration or assisting persons to be resettled in obtaining such support.
Article 3. Principles of resettlement
1. The conditions of resettlement of persons to be resettled may not differ as to the ground for the granting of the status of a person to be resettled.
2. Persons referred to in points 4 and 5 of Article 4(1) of this Law shall acquire the status of a person to be resettled if they are resettled to the Republic of Lithuania together with the persons referred to in points 1, 2 and 3 of Article 4(1) of this Law.
3. A person who has acquired the status of a person to be resettled on the ground referred to in point 4 or 5 of Article 4(1) of this Law and who has lost this ground in the course of resettlement (when the marriage or the registered partnership with the person to be resettled is terminated, upon attaining the age of 21 years, in the absence of any dependant, etc.) shall not have his status of a person to be resettled withdrawn.
4. Support for integration shall be provided having regard to the needs of a person to be resettled in accordance with the procedure laid down by the Government for a maximum period of 24 months from their entry onto the list of persons to be resettled. The benefits referred to in points 1-4 and 7 of Article 7(3) of this Law shall be paid to the person to be resettled from the funds allocated for the implementation of integration in accordance with the procedure established by the Government for a maximum period of 18 months from the signing of a contract for the provision of support for integration between the person to be resettled and an integration operator. The specific duration of provision of support for integration shall be determined under a contract for the provision of support for integration concluded with the person to be resettled.
Article 4. Grounds for granting the status of a person to be resettled
1. A person to be resettled to the Republic of Lithuania may be granted the status of a person to be resettled if he fulfils at least one of the following conditions:
2) he is a person who, in accordance with the procedure established by the Government, has been issued a document certifying Lithuanian descent or who produces the documents certifying Lithuanian descent specified in the Law on Citizenship;
3) he is a person who has been issued, in accordance with the procedure established by the Government, a document attesting to the right to reinstate citizenship of the Republic of Lithuania or who produces the documents confirming that he has the right to reinstate citizenship of the Republic of Lithuania under the Law on Citizenship;
2. The issue of resettlement to the Republic of Lithuania of minor children taken into guardianship shall be decided upon on a case-by-case basis, having regard to the relationship between a person to be resettled and the minor child taken into guardianship thereof, the age of the child, the circumstances of residence with the guardian, the need for their financial and moral support, as well as any other circumstances permitting determination of the actual need to take care of the minor child taken into guardianship and the consequences of the decision in respect of the child taken into guardianship.
Article 5. Grounds for refusing to grant the status of a person to be resettled
The status of a person to be resettled shall not be granted to a person if at least one of the following grounds is present:
1) there are serious grounds for believing that he has committed a crime against peace, a crime against humanity or a war crime, as defined in laws of the Republic of Lithuania, international treaties or other sources of international law, or that he has instigated or otherwise participated in committing such crimes;
2) there are serious grounds for believing that he has committed a serious or grave crime or has instigated or otherwise participated in committing such a crime and represents a threat to the public or has been convicted of a grave crime by an effective court judgment;
3) his residence in the Republic of Lithuania may represent a threat to national security, public policy and public health;
4) submitted documents contain signs of counterfeiting or have been obtained fraudulently or are counterfeit;
Article 6. Grounds for withdrawing the status of a person to be resettled
1. The status of a person to be resettled shall be withdrawn if at least one of the following grounds is present:
2) the person to be resettled has acquired refugee status or subsidiary protection or has been granted an equivalent status of a person to be resettled in another state;
3) following the granting of the status of a person to be resettled, the grounds for refusing to grant the status of a person to be resettled as referred to in Article 5 of this Law transpire;
4) the person to be resettled fails to fulfil the obligations specified in Article 8(1) and (2) of this Law;
2. If the grounds referred to in paragraph 1 of this Article transpire, the Migration Department shall take a decision to withdraw the status of a person to be resettled and remove the person from the list of persons to be resettled not later than on the next working day.
3. Where the Migration Department takes a decision to withdraw the status of a person to be resettled on the grounds set out in points 1-4 of paragraph 1 of this Article, a document confirming or granting to an alien the right to permanently reside in the Republic of Lithuania which has been issued to the person shall also be withdrawn, unless he has the right to permanently reside in the Republic of Lithuania on another ground set out in the Law on the Legal Status of Aliens.
Article 7. Rights of a person to be resettled
1. A person to be resettled shall enjoy in the Republic of Lithuania the rights and freedoms provided for by the Constitution of the Republic of Lithuania, international treaties, laws of the Republic of Lithuania and legal acts of the European Union.
2. As from the granting of the status of a person to be resettled and entry onto the list of persons to be resettled, a person to be resettled shall have the right to lodge an application for entering into the Republic of Lithuania, with the costs of his entry (travel tickets, luggage, travel insurance and other travel-related expenses) to be borne or reimbursed in accordance with the procedure established by the Government. The travel of the person to be resettled to the Republic of Lithuania shall be organised and delivered within the shortest possible time at a time agreed upon with the person to be resettled.
3. A person to be resettled shall, during the period specified in a contract referred to Article 8(1) of this Law and from the funds allocated for the implementation of integration in accordance with the procedure established by the Government, have the right to:
1) receive a lump sum settlement allowance for settlement in a municipality entered onto the list of municipalities providing support for integration (for the purchase of necessary furniture and household articles), the amount of which depends on the number of family members of a person to be resettled and/or of minor children taken into his guardianship;
2) receive a monthly benefit for essential needs (for food, clothing, hygiene articles, for travel by public transport, rental of housing and payment for utilities), the amount of which depends on the number of family members of the person to be resettled and/or of minor children taken into his guardianship;
3) receive a lump sum allowance for the acquisition of essential school supplies for a child studying according to pre-school, pre-primary or general education curricula;
4) receive monthly reimbursement of expenses of a child’s education according to pre-school or pre-primary curricula;
5) receive assistance with the rental of housing (assistance of an integration operator with the search for, intermediation in the rental of housing, representation in the conclusion of a rental contract, etc.);
7) receive the following benefits until the person to be resettled receives a document confirming or granting to the alien the right to permanently reside in the Republic of Lithuania:
a) upon the birth of a child, a lump sum child benefit in the amount specified in the Law of the Republic of Lithuania on Benefits for Children;
b) upon the death of the person to be resettled, the burier shall have the right to receive a funeral allowance provided for in the Law of the Republic of Lithuania on Assistance in the Case of Death;
8) receive state-guaranteed (free) personal health care in accordance with the procedure laid down in the Law of the Republic of Lithuania on Health Insurance;
9) receive the consultative assistance of the Migration Department on the issues of granting or confirmation of citizenship of the Republic of Lithuania, the right of permanent residence in the Republic of Lithuania and receipt of relevant documents;
10) receive assistance with the assessment and recognition of the education and professional qualifications held by the person to be resettled, participate in the formal and non-formal education programmes of children and/or adults;
11) receive assistance with the use of the labour market services and employment support measures of the Employment Service under the Ministry of Social Security and Labour of the Republic of Lithuania (hereinafter: the ‘Employment Service’) under the conditions laid down in the Law of the Republic of Lithuania on Employment;
13) receive free legal advice, other social support and benefits, social and educational services just as other natural persons lawfully residing in the Republic of Lithuania;
14) in accordance with the procedure established by the Government, receive reimbursement of the expenses incurred in the course of preparation and submission, in a humanitarian crisis-hit foreign state or part thereof and/or in the Republic of Lithuania, of the documents confirming the status of a person to be resettled, processing and issue of the first identification documents and the documents certifying citizenship of the Republic of Lithuania or the documents confirming or granting to an alien the right to permanently reside in the Republic of Lithuania and, for this purpose, legalisation, translation of the documents, payment of state fees and consular fees.
Article 8. Duties of a person to be resettled
1. A person to be resettled must participate in the integration process in Lithuania. To that end, he must, within one month from the entry into the Republic of Lithuania, conclude a contract for the provision of support for integration with an integration operator. The contract for the provision of support for integration shall be concluded, amended, terminated and suspended in accordance with the procedure established by the Government.
2. A person to be resettled must, within one month from the entry into the Republic of Lithuania, apply to the Migration Department for the issue of a document confirming or granting to an alien the right to permanently reside in the Republic of Lithuania.
3. A person whose status of a person to be resettled has been withdrawn on the basis of points 1, 3 or 4 of Article 6(1) of this Law, except for a minor child to be resettled and a minor child taken into guardianship of a person to be resettled, must compensate to the Republic of Lithuania for the expenses incurred in connection with his resettlement to the Republic of Lithuania in accordance with the procedure established by the Government.
CHAPTER IV
LODGING AND EXAMINATION OF APPLICATIONS FOR GRANTING THE STATUS OF A PERSON TO BE RESETTLED, TAKING OF DECISIONS THEREON AND APPEALING AGAINST THE DECISIONS
Article 9. Lodging of applications for granting the status of a person to be resettled
1. A person seeking to acquire the status of a person to be resettled shall lodge with the Migration Department, through a resettlement coordinator, an application for granting the status of a person to be resettled in a format specified by the Government. Applications of children under the age of 18 years and of the persons being legally incapacitated in a certain area shall be lodged with the Migration Department by their representatives.
2. If a person has not been granted the status of a person to be resettled, the person may repeatedly lodge an application for granting the status of a person to be resettled only if it is accompanied by the additional documents supporting the application and/or by submitting the documents confirming the absence or disappearance of the grounds referred to in Article 5 of this Law.
Article 10. Documents supporting an application for granting the status of a person to be resettled
1. A person’s application for granting the status of a person to be resettled shall be accompanied by an identification document and the documents substantiating the application:
2) a document certifying Lithuanian descent issued in accordance with the procedure established by the Government or the documents certifying Lithuanian descent specified in the Law on Citizenship, or
3) a document attesting to the right to reinstate citizenship of the Republic of Lithuania which has been issued in accordance with the procedure established by the Government or the documents confirming that the person has the right to reinstate citizenship of the Republic of Lithuania under the Law on Citizenship;
4) a declaration made by a person in writing about his place of residence in a foreign state or part thereof;
2. If in a humanitarian crisis-hit foreign state or part thereof a person seeking to acquire the status of a person to be resettled is unable to produce the documents substantiating the application as referred to in points 1, 2 and 3 of paragraph 1 of this Article together with an application for granting the status of a person to be resettled, he must submit in writing detailed information confirming the ground for granting the status of a person to be resettled set out in Article 4(1) of this Law.
3. An application for granting the status of a person to be resettled to a family member of the person referred to in points 1, 2 or 3 of Article 4(1) of this Law or to a minor child taken into guardianship shall be accompanied by the documents confirming the family or guardianship relationship of these persons.
4. As regards the documents accompanying a person’s application for granting the status of a person to be resettled, if submitted in a humanitarian crisis-hit foreign state or part thereof, the requirements concerning the legalisation of such documents and their translation into the Lithuanian language may be waived. In this case, the legalisation and translation of documents into the Lithuanian language shall be carried out upon entry of persons into the Republic of Lithuania.
Article 11. Supply of biometric data
1. A person lodging an application for granting the status of a person to be resettled must also submit his biometric data referred to in Article 5 of the Identity Card and Passport Law of the Republic of Lithuania.
Article 12. Time limits for lodging, transmitting and examining applications
1. The Migration Department shall take a decision granting/refusing to grant the status of a person to be resettled and a person’s entry onto the list of persons to be resettled not later than within one month from the receipt by the Migration Department of an application for granting the status of a person to be resettled.
2. The time limit laid down in paragraph 1 of this Article for the taking of a decision of the Migration Department may be extended for a maximum of one month if it is not possible to take a decision within the time limit laid down in paragraph 1 of this Article due to the need to assess complex legal and/or factual circumstances.
3. An application for granting the status of a person to be resettled to a family member or a minor child taken into guardianship may be lodged together with an application of the persons referred to in points 1, 2 and 3 of Article 4(1) of this Law or later, but not later than within six months from the lodging of the application for granting the status of a person to be resettled by the persons referred to in points 1, 2 and 3 of Article 4(1) of this Law.
Article 13. Appeal against decisions refusing to grant or withdrawing the status of a person to be resettled
Decisions refusing to grant or withdrawing the status of a person to be resettled may be appealed against in accordance with the procedure laid down in the Law of the Republic of Lithuania on Administrative Proceedings.
Article 14. Entities implementing entry into the Republic of Lithuania
1. The Government shall take a decision on the resettlement of persons from a humanitarian crisis-hit foreign state or part thereof to the Republic of Lithuania and shall establish a time limit for lodging applications for granting the status of a person to be resettled.
2. The Migration Department shall:
2) take decisions granting/refusing to grant the status of a person to be resettled or withdrawing the status of a person to be resettled;
4) take decisions issuing a travel document to the persons to be resettled who are not in possession of a travel document;
3. The Ministry of Foreign Affairs of the Republic of Lithuania shall:
1) provide information to the Migration Department about the presence of citizens of the Republic of Lithuania, the persons having the right to reinstate citizenship of the Republic of Lithuania and persons of Lithuanian descent in a humanitarian crisis-hit foreign state or part thereof;
4. A resettlement coordinator shall:
1) transmit to the Migration Department applications for granting the status of a person to be resettled together with supporting documents and biometric data of the person;
2) inform applicants of the decisions taken on the granting of the status of a person to be resettled;
3) provide information to persons seeking to acquire the status of a person to be resettled concerning the possibilities, conditions of resettlement and integration, associated procedures and social guarantees;
4) coordinate the entry into the Republic of Lithuania of the persons entered onto the list of persons to be resettled;
6) initiate, where appropriate, the conclusion of an agreement on the entry into the Republic of Lithuania of persons to be resettled with a foreign state, an international organisation, an institution of a foreign state or an international organisation, a non-governmental organisation of the Republic of Lithuania and/or of a foreign state;
Article 15. Entities implementing integration in the Republic of Lithuania
1. The Ministry of Social Security and Labour of the Republic of Lithuania shall:
1) of its own accord or through an institution authorised by it, coordinate and supervise the provision of support for integration;
2) together with the Association of Local Authorities in Lithuania, compile a list of municipalities wherein support for integration is provided;
2. The Ministry of Education and Science of the Republic of Lithuania shall, within its remit, coordinate the assessment and recognition of the education and professional qualifications of a person to be resettled and shall facilitate the participation of persons to be resettled in programmes of formal and non-formal education of children and/or adults.
3. The Employment Service shall, in accordance with the procedure laid down in the Law on Employment, provide labour market services and employment support measures to persons to be resettled.
4. An integration operator shall:
2) conclude a contract with a person to be resettled for the provision of support for integration and be responsible for fulfilling the obligations provided for thereunder;
3) in certain cases (immediately upon entering and in the absence of accommodation, in the case of unaccompanied minors to be resettled, persons with severe disability and in other special cases), organise accommodation of persons to be resettled, provide assistance with the rental of housing;
6) provide assistance in identifying the needs of training and improvement of professional qualifications, organise the participation of persons to be resettled in programmes of formal and non-formal education of children and adults, provide assistance with access to services of the Employment Service and other state institutions and agencies.
5. The municipalities entered on the list of municipalities wherein support for integration is provided shall cooperate with an integration operator in providing support for integration to persons to be resettled. The provision of support for integration to resettled persons shall be coordinated by the director of the municipal administration or by a person authorised by him.
6. Non-governmental organisations shall contribute to the implementation of integration through organisation of the provision of social services to persons to be resettled and activities of the persons to be resettled. State and municipal institutions and agencies shall cooperate with the non-governmental organisations and assist them in attaining integration objectives.
Article 16. Entry into force and implementation of the Law