Lithuania: Law of 1991 on Immigration

Chapter 1 - GENERAL PROVISIONS

Article 1 The Objective of the Law.

This Law shall establish the conditions and procedure for the entry, i.e. the immigration of foreigners into the Republic of Lithuania for permanent residence.

Article 2 Immigrant.

The term "immigrant" means a foreigner who comes to the Republic of Lithuania for permanent residence.

Article 3 The right of a foreigner to immigrate into the Republic of Lithuania.

A foreigner may immigrate into the Republic of Lithuania only according to the procedure prescribed by this Law, after he has been issued a permit for residence in the Republic of Lithuania, not exceeding immigration quota.

A spouse of an immigrant or his children under eighteen years of age who remained to live in another state, on the invitation of an immigrant, shall have the right to come to Lithuania for permanent residence in the order of priority.

Article 4 Invitation for Residence in the Republic of Lithuania.

Foreigners may apply for the residence permit in the Republic of Lithuania only provided they have an invitation from a citizen of the Republic of Lithuania.

Conditions and procedure for the issuance of invitation shall be established by the Government of the Republic of Lithuania.

Article 5 Reasons impeding immigration.

A foreigner may not be issued a permit to immigrate into the Republic of Lithuania provided he or she:

(1)  is afflicted with a dangerous contagious disease;

(2)  is mentally retarded or mentally ill;

(3)  is addicted to drugs, intoxicants, or alcohol;

(4)  has no legal source of subsistence in the state from which he wants to emigrate;

(5)  has no permanent place of residence in the state from which he wants to emigrate;

(6)  during the last five years has deliberately committed a serious crime;

(7)  is engaged in activities directed against the Republic of Lithuania;

(8)  during the last five years has been deported from the Republic of Lithuania under this Law;

(9)  seeks to procure the permit for residence in the Republic of Lithuania by deliberate misrepresentation or fraud;

(10) possesses no documents of identification.

Article 6 Immigration Quota.

Immigration quota shall be established by the Supreme Council of the Republic of Lithuania on the recommendations of the Government of the Republic of Lithuania.

Article 7 Adaptation of Immigrants.

An immigrant, upon his or her request, must be provided conditions enabling him to study the Lithuanian language and to get acquainted with the Constitution of the Republic of Lithuania.

Conditions and procedure for the adaptation of immigrants shall be established by the Government of the Republic of Lithuania.

Article 8 Institution Considering Applications for Immigration.

Applications for immigration shall be considered and decisions shall be adopted, as well as permits shall be renewed or revoked by the Ministry of Internal Affairs of the Republic of Lithuania according to the procedure established by the Government of the Republic of Lithuania.

Chapter 2 - PROCEDURE FOR THE CONSIDERATION OF APPLICATIONS FOR IMMIGRATION

Article 9 Application for Immigration.

Persons who are 18 years of age and over shall have the right to file an application for immigration.

A foreigner shall file an application for immigration directly with the Ministry of Internal Affairs of the Republic of Lithuania or through a diplomatic or consular mission.

The following documents must be appended to the application for immigration, verified by a notary or in the manner equivalent to such verification:

(1)  a copy of birth certificate or of any other document of identification;

(2)  invitation for residence in the Republic of Lithuania;

(3)  certificate confirming his family composition and indicating children under 18 years of age who are accompanying him;

(4)  health certificate;

(5)  documentation confirming his profession;

(6)  documentation certifying his source of subsistence or his legal source of support in the Republic of Lithuania.

For disclosing the grounds impeding the immigration into the Republic of Lithuania under the provisions of this Law, the Ministry of Internal Affairs will have the right to demand the provision of other necessary documentation.

Article 10 Immigration of children who are under 18 years of age.

Children who are under 18 years of age shall have the right to immigrate together with the parents of one of them.

Article 11 Application fee.

Application for immigration into the Republic of Lithuania shall be accepted only upon payment or fee, the size and procedure for payment thereof shall be prescribed by the Government of the Republic of Lithuania.

Article 12 Time Limits for Considering Application.

Application for immigration must be considered not later than within one year from the date the application was accepted.

Article 13 Time Limit and Procedure for Entry.

A foreigner who has been granted a permit to immigrate into the Republic of Lithuania shall be issued the entrance visa in the manner prescribed by the Ministry of Internal Affairs of the Republic of Lithuania, valid for the period of nine months. If a foreigner fails to enter the Republic of Lithuania within this period, the issue concerning his immigration shall be reconsidered according to the procedure prescribed by this Law.

Upon arrival in the Republic of Lithuania, a foreigner must register a passport of a foreigner or an equivalent thereof with the Ministry of Internal Affairs not later than within 7 days.

Thereafter the Ministry of Internal Affairs shall issue a foreigner a document confirming the status of an immigrant.\

Article 14 Grounds for Revocation of a Permit for Residence in the Republic of Lithuania.

A foreigner may be revoked a permit for residence in the Republic of Lithuania within the period of 10 years from the date it was issued provided:

(1)  the permit has been procured by fraud;

(2)  an immigrant commits a deliberate crime punishable with imprisonment;

(3)  an immigrant is engaged in activities directed against the Republic of Lithuania.

A foreigner and a person who had invited him must be notified in writing of the revocation of the permit for residence in the Republic of Lithuania within the period of 7 days after the adoption of the decision, stating the reason for such decision.

Article 15 Appeals against a Decision on the Revocation of the Permit of Residence in the Republic of Lithuania.

An immigrant may appeal against the decision on revocation of the permit for residence in the Republic of Lithuania in court after the period of 30 days from the day he was notified thereof.

Article 16 Leaving and Deportation.

Upon the revocation of a residence permit, a foreigner must leave the Republic of Lithuania not later than within 30 days.If the foreigner has not left within the prescribed period, he shall be liable to deportation.

Conditions and procedure for deportation shall be established by the Government of the Republic of Lithuania.

Article 17

Repeated Application for Immigration. #Repeated application for immigration into the Republic of Lithuania shall be accepted not earlier than after one year following the adoption of the previous decision.

Chapter 3 - FINAL PROVISIONS

Article 18 Immigration Statistics.

Immigration statistics shall be kept by the Ministry of Internal Affairs of the Republic of Lithuania according to the procedure established by the Government of the Republic of Lithuania.

Article 19 International Agreements.

If international agreements binding on the Republic of Lithuania prescribe otherwise than this Law rules, the rules established by that agreement shall be applied.