Lithuania: Resolution No. 796 of 1993 of the Government of on Approval of the Rules for Foreigners Concerning Entry into, Stay in, and Transit through the Republic of Lithuania

The Government of the Republic of Lithuania resolves:

To approve the Rules for Foreigners concerning Entry into, Stay in, and Transit through, the Republic of Lithuania (attached therewith).

Prime Minister Adolfas Ðleþevièius

Minister of Foreign Affairs Povilas Gylys

APPROVED

by the 21 October 1993

Resolution No. 796 of

the Government of

the Republic of Lithuania

Rules for Foreigners Concerning Entry into, Stay, and Transit through, the Republic of Lithuania

General Provisions

1.   These rules shall establish the procedure for recording and issuing documentation which legalize the entry and stay of foreign nationals and stateless persons (hereinafter referred to as foreigners) in the Republic of Lithuania, the procedure for recording and issuing permits to foreigners permanently residing in the Republic of Lithuania for permanent residence therein, and the procedure for choosing a place of residence and registering foreigners, as well as control of the implementation of these rules.

2.   Foreigners may enter the Republic of Lithuania for temporary or permanent residence with a valid foreign passport or other document of identification, and a visa, permit or equivalent document issued by a competent institution.

3.   Nationals of foreign states with which entry without visa has been agreed upon may enter the Republic of Lithuania without visas.

Foreigners possessing a retention certificate of the right to citizenship of the Republic of Lithuania as well as their family members may enter and reside in the Republic of Lithuania without visas.

4.   Foreigners may enter the Republic of Lithuania for permanent residence:

4.1. according to the procedure established by the Law on Immigration of the Republic of Lithuania; and

4.2. upon being issued a certificate which evidences their right to retain citizenship of the Republic of Lithuania according to the procedure established by the Law on Citizenship of the Republic of Lithuania.

5.   Upon loosing a passport or other equivalent document, foreigners must notify a municipal (district) police commisariat which is required to issue a certificate confirming this fact.

Official Registration of Documents which Legalize the Temporary Stay of Foreigners in the Republic of Lithuania

6.   Foreigners shall be permitted to stay in the Republic of Lithuania:

6.1. to work - for the period during which the employment contract is valid (with special visa);

6.2. to study or intern - for the period of study or internship (with special visa);

6.3. to visit relatives, friends and acquaintances, as well as for other purposes - for up to 90 days (with a visitor visa);

6.4. for foreign diplomatic missions, consular institutions, and trade missions, and for representatives of international organizations and foreign mass media - for the period of accreditation or work (with diplomatic or business visas);

6.5. for transit purposes - for up to 48 hours (with a transit visa);

6.6  for persons from states with which entry without visa has been agreed upon - for up to 90 days if it is not otherwise established in the international agreements of the Republic of Lithuania.

7.   The procedure for the issue of visas shall be established by a separate document.

8.   Upon the expiration of a visa's validity (or of the established period of stay if the foreigner has arrived from a state with which entry without visa has been agreed upon), foreigners must depart from the Republic of Lithuania.

Upon changing of the purpose of stay in the Republic of Lithuania, foreigner must, at least 3 days prior to the expiration of their legal stay in the Republic of Lithuania, officially register the appropriate visa.

9.   Documents of foreigners who enter the Republic of Lithuania for less than 90 days shall not be subject to registration, with the exception of those who enter with a special visa.

10.  Documents of foreigners who enter the Republic of Lithuania for a period exceeding 90 days must be registered within 3 days.

11.  Foreigners' documents shall be registered by the migration service. Personnel of foreign diplomatic missions, consular institutions and trade missions, as well as of representatives of international organisations, shall be exempt from registration.

12.  Enterprises, organisations or educational institutions where foreigners arrive for work or study, must, within 3 days, submit necessary documents for registration to the migration service of the municipal (district) police commisariat under whose jurisdiction the enterprise, organisation or educational institution is.

13.  In the case that a foreigner is permitted entry without visa, he or she, by way of exception, may be issued a visitor visa upon the expiration of the legally permitted period of stay.

14.  A registration mark shall be put in the passports or equivalent documents of foreigners whose documents are registered with migration service.

15.  Foreigners who enter the Republic of Lithuania for permanent residence must obtain a permit for permanent residence in the Republic of Lithuania.

Issue of Permits to Foreigners Permanently Residing in the Republic of Lithuania for Permanent Residence in the Republic of Lithuania

16.  Permits for permanent residence in the Republic of Lithuania (hereinafter referred to as permits) shall be issued to foreigners:

16.1.           who have legally been permanently residing in the Republic of Lithuania up until 31 December 1991 and who are residing therein at the present time;

16.2.           who have been permitted entry into the Republic of Lithuania for permanent residence pursuant to the decision passed according to the procedure established by the Republic of Lithuania Law on Immigration; and

16.3.           who have a certificate evidencing their right to retain the citizenship of the Republic of Lithuania according to the procedure established by the Republic of Lithuania Law on Citizenship and who entered the Republic of Lithuania with their family members for permanent residence.

17.  permits shall also be issued to former citizens of the Republic of Lithuania (upon the request thereof) who:

17.1.           renounced citizenship of the Republic of Lithuania and have submitted documentation evidencing this fact;

17.2.           acquired citizenship of another state and have submitted documentation evidencing this fact;

17.3.           are recognised to have lost citizenship of the Republic of Lithuania, upon establishing that they joined the military service of another state or took employment as a state official without the permission of the competent bodies of the Republic of Lithuania;

17.4.           lost citizenship of the Republic of Lithuania upon declaring the act on the granting of citizenship of the Republic of Lithuania as invalid; and

17.5.           lost citizenship for reasons provided by international agreements with the Republic of Lithuania.

Upon losing citizenship of the Republic of Lithuania, permits may be issued provided that said person is a permanent resident of the Republic of Lithuania.

18.  Permits shall be issued to foreigners permanently residing in the Republic of Lithuania by:

18.1.           migration service at their permanent place of residence - to persons who have legally been permanently residing in the Republic of Lithuania up to 31 December 1991 and are residing therein at the present time;

18.2.           the Migration Department under the Ministry of Internal Affairs - in other cases.

Permits shall be issued within a month from the date on which the application was filed.

19.  Permits shall be issued to foreigners who are 18 years of age and shall be valid:

19.1.           for foreign nationals - for the period of validity of the foreign passport; and

19.2.           for stateless persons - for a period of five years.

In certain cases permits may be issued to foreigners who are 14 years of age. Such permits shall be valid until the foreigner reaches 18 years of age, at which time they shall be changed.

20.  Foreigners who enter the Republic of Lithuania for permanent residence must within 7 days submit the documents necessary for obtaining a permit.

21.  The migration service shall put a mark in the passport of a foreigner permanently residing in the Republic of Lithuania to the effect that they permanently reside in the Republic of Lithuania.

Choosing the Place of Residence

22.  Foreigners may move around within the entire territory of the Republic of Lithuania. This right may be restricted only for reasons of state security and public order according to the procedure established by laws of the Republic of Lithuania.

23.  In the localities wherein restrictions on choosing the place of residence are established, foreigners may settle for permanent residence only according to the procedure established by the Government of the Republic of Lithuania.

24.  While changing their permanent place of residence within the Republic of Lithuania, foreigners who permanently reside in the Republic of Lithuania must notify the migration service of the new permanent place of residence within 7 days.

Transit Entry of Foreigners into the Republic of Lithuania

25.  Foreigners may enter the Republic of Lithuania in transit only with a valid passport or other equivalent document, a transit visa issued by a diplomatic or consular mission of the Republic of Lithuania, and documents entitling them to enter a neighbouring state if laws of the Republic of Lithuania or international agreements do not provide otherwise.

26.  The following persons shall be entitled to enter the Republic of Lithuania in transit without transit visa:

26.1.           foreigners from states with which entry without visa has been agreed upon; and

26.2.           foreigners who go by plane and stay in the transit area of the airport during their landing, changing, or change of plane.

27.  Foreigners who go through the Republic of Lithuania in transit shall be permitted to stay therein for up to 2 days.

28.  In the event of forced stay foreigners who go through the Republic of Lithuania in transit shall have the right to extend their visas at the migration service by submitting an application and a document evidencing forced stay.

Registration of Foreigners

29.  The registration of foreigners who enter the Republic of Lithuania for permanent residence shall be conducted by the Migration Department under the Ministry of Internal Affairs of the Republic of Lithuania.

30.  Statistical registration of foreigners entering the Republic of Lithuania for other purposes shall be conducted separately according to the procedure established by the Government of the Republic of Lithuania.

Control of the Implementing of the Rules

31.  Foreigners shall be notified of their legal status in the Republic of Lithuania according to the procedure established by the Ministry of Internal Affairs and the Foreign Ministry.

32.  Control of the legality of foreigners' stay in the Republic of Lithuania shall be exercised by the municipal (district) police comissariat.

33.  Natural and legal persons of the Republic of Lithuania cannot put up foreigners who do not possess visas (if visas are required) issued by the competent institutions of the Republic of Lithuania or who present documents which are not in compliance with these rules.

34.  Booking offices at airports, ports, train and bus stations shall not sell tickets to other states to foreigners who do not present a valid foreign passport or other document of identification, as well as a visa or equivalent document (if required) issued by competent institutions of the Republic of Lithuania.

35.  Organisations which have invited foreigners for work, study or internship must notify the migration service upon the discharge from office or completion of studies thereof.

Final Provisions

36.  Persons who violate these rules shall be liable under laws of the Republic of Lithuania.

37.  Executive officers of organisations receiving foreigners and natural persons, as well as executive officers of organisations providing service to foreigners for the violation of these rules, shall be liable under laws of the Republic of Lithuania.

38.  The requirements of these rules shall not apply to employees of foreign diplomatic missions, consular institutions and trade missions and representatives of international organisations.