Lithuania: Law No. I-1946 of 1992 on Emigration

1.      General Regulations

Article 1.        The Right to Emigrate

Citizens of the Republic of Lithuania shall have the rights to emigrate in accordance with the procedure established by this Law, i.e. to depart for permanent residence in another state. No other restrictions except those prescribed herein may be imposed on this right.

Article 2.

The Agency Preparing Emigration Documents Emigration documents shall be prepared by the Ministry of Internal Affairs according to the procedure established by the Government of the Republic of Lithuania.

Article 3.        Legal Status of a Citizen of the Republic of Lithuania who has been issued Emigration Documents

Until his departure from the Republic of Lithuania, a citizen of the Republic of Lithuania who has been issued emigration documents shall enjoy all political, economic, and social rights and freedoms provided by the laws of the Republic of Lithuania; also he or she must abide by the laws of the Republic of Lithuania.

Article 4.        The Right to Take Abroad Property belonging to a Person by Ownership Right

A citizen of the Republic of Lithuania who has been issued emigration documents shall have the rights to take to a foreign state property belonging to him or her by ownership right (with the exception of items of national value), the export whereof is regulated by the laws of the Republic of Lithuania.

2.      Preparation of Emigration Documents

Article 5.        Application for Emigration

Citizens of the Republic of Lithuania who are 18 age and over shall have the right to file applications for emigration. The application for emigration shall be filed in written form with the Ministry of Internal Affairs.

Attached to the applications shall be the following notarised documents or documents certified in any other'equal manner:

1)   a copy of birth certificate;

2)   written consent of children from 14 to 18 years of age to emigrate together with their parents (foster parents);

3)   written consent of one of the parents (foster parents) staying in the Republic of Lithuania or of a lawful representative concerning emigration of children under 18 years af age; and

4)   written consent of the spouse staying in the Republic of Lithuania testifying to his or her consent to the person's emigration, or a court decision on the issue.

Article 6.        Emigration of Minors

Children who are under 18 years of age shall emigrate together with their parents (foster parents) or by themselves if they are going for the reunion with their parents or with one of their parents, provided they have the consent of one of the parents who stays in the Republic of Lithuania, or of the lawful representative,

If only one of the parents (foster parents) is emigrating, and if the parents (foster parents) cannot reach an agreement on the emigration of their children who are under age, the issue shall be resolved by court.

Article 7.        Reasons Precluding the Issuance of Emigration Documents

A citizen of the Republic of Lithuania shall not be issued emigration documents if:

1)   legal proceeding have been instituted against the person;

2)   the person has not served his or her court sentence;

3)   the person has unfulfilled property obligations to natural or legal persons and there are no guarantees of fulfillment thereof, and if he or she does not present [a document testifying to] the consent of the natural or legal persons to his or her emigration;

4)   the person is of call-up age and has not performed compulsory national defence service of other equaled to it service, and is not exempt from it in accordance with to the order established by law; and

5)   the person has been exposed to state secrets and the required period established by law not yet expired from the day since he or she is no longer employed in office related state secrets.

Article 8.        State Duty for the Preparation of Emigration

Documents The application for emigration shall be accepted only upon the payment of state duty for the preparation of emigration documents. The amount and order of payment thereof shall be determined by the Government of Lithuania.

Article 9.        Time Limit for Considering Applications for

Emigration The application for emigration must be considered not later than within 3 months from the day of filing thereof. If the issuance of emigration documents has been refused on the grounds specified in Article 7 of this Law, the citizen of the Republic of Lithuania shall be notified thereof and of the concrete reasons for refusal not later than within 10 days from the date of the adoption of such decision.

Article 10.

The Validity of Emigration Documents The emigration documents shall be valid for one year from the date of their issue. If a person fails to depart abroad within said period, the emigration documents shall lose validity and shall have to be prepared anew according to the procedure established by this Law.

Article 11.      Information Presented by State Institutions

The Ministry of Internal

Affairs must address State institutions in relation to applications for emigration filed by citizens of the Republic of Lithuania and request they present information in the order established by the Government of the Republic of Lithuania stating the presence or absence of reasons precluding the issuance of emigration documents as specified in Article 7 of this Law.

Article 12.      Repeated Consideration of Applications for Emigration

A citizen of the Republic of Lithuania who was not issued emigration documents shall have the right to repeatedly file an application only after the elimination of reasons for which he or she had been refused issuance of emigration documents.

Article 13.      Appeal against the Decision to Refuse Issuance of Emigration Documents

A citizen of the Republic of Lithuania shall have the rights to appeal to court against the decision of the Ministry of Internal Affairs to refuse the issuance of emigration documents within 30 days from the receipt of the notification thereof. If the court declares the decision of the Ministry of Internal Affairs unlawful, the Ministry of Internal Affairs must, upon coming into force of the decision, issue the citizen of the Republic of Lithuania emigration documents not later than within 7 days.

3.      Concluding Provisions

Article 14.      International Agreements

If an international agreement binding to the Republic of Lithuania provides for regulations other than those set forth in this Law, the regulations prescribed by the international agreement shall be abided by.

Article 15.      Agitation to Emigrate

Systematic agitation to emigrate shall be punishable under laws of the Republic of Lithuania.

VYTAUTAS LANDSBERGIS

President

Supreme Council

Republic of Lithuania Vilnius