Lithuania: Law of 1991 on the Legal Status of Foreigners in the Republic of Lithuania

Chapter 1 - GENERAL PROVISIONS

Article 1

In the Republic of Lithuania, persons possessing citizenship of any foreign state, as well as stateless persons shall be qualified as refugees.

Article 2

The legal status of foreigners in the Republic of Lithuania shall be established by this and other laws of the Republic of Lithuania.

Article 3

Foreigners in the Republic of Lithuania shall enjoy the same rights and freedom of citizens of the Republic of Lithuania unless the Constitution of the Republic of Lithuania, and any other laws of the Republic of Lithuania as well as international agreements of the Republic of Lithuania provide otherwise.

Foreigners in the Republic of Lithuania are equal before the laws regardless of their race, colour, language, religion, political or other convictions, national or social origin, property, birth or any other status.

In the Republic of Lithuania, foreigners, while exercising all rights and freedom, must not carry out activities detrimental to the interests of the Republic of Lithuania.

Article 4

The provisions of this law shall be applied with fairness to citizens of foreign states upon a basis of reciprocity, unless it becomes obvious that another state restricts or violates universal, recognized norms of legal status of foreigners with regard to citizens of the Republic of Lithuania, the Government of the Republic of Lithuania will establish reciprocating restrictions on rights and freedom of foreigners of that state, who are staying in the Republic of Lithuania.

Article 5

Foreigners staying in the Republic of Lithuania must respect and observe the Constitution and laws of the Republic of Lithuania. They must also respect customs and traditions of the Lithuanian nation and of other national minorities residing in Lithuania.

Article 6

Foreigners may reside permanently in Lithuania if they have a residence permit issued by the Ministry of Internal Affairs of the Republic of Lithuania and a document of identity. A permit for residence in the Republic of Lithuania shall be issued if a foreigner:

(1)  is an immediate relative of a citizen of the Republic of Lithuania;

(2)  is a dependant of a citizen of the Republic of Lithuania;

(3)  maintains a citizen of the Republic of Lithuania;

(4)  is married to a citizen of the Republic of Lithuania;

(5)  has a legal source of support in the Republic of Lithuania;

(6)  in other cases established by laws of the Republic of Lithuania.

The provisions of paragraph 2 of this article shall not be applicable to persons who up to the date of entry into force of this law have been permanent residents in the Republic of Lithuania and have not acquired the citizenship of the Republic of Lithuania under the new Law on Citizenship of the Republic of Lithuania. Such persons shall be qualified as foreigners permanently residing in the Republic of Lithuania.

Article 7

Foreigners who are in the Republic of Lithuania on the basis other than that specified in Article 6 of this law, shall be qualified as foreigners temporary residing in the Republic of Lithuania. They must register their passport or another equivalent document in the established manner, and depart from the Republic of Lithuania after the period of validity of a visa of the Republic of Lithuania and a residence permit have expired.

Chapter 2 - BASIC RIGHTS, FREEDOMS AND DUTIES OF FOREIGNERS STAYING IN THE REPUBLIC OF LITHUANIA

Article 8

Foreigners staying in Lithuania shall enjoy freedom of thought, conscience, religion, and convictions.

Article 9

Foreigners do not have the right to be elected to the representative bodies of state of the Republic of Lithuania and other elective bodies as well as to participate in referanda.

Article 10

Foreigners who permanently reside in the Republic of Lithuania may held posts in state services, with the exception of those (unreadable) under the laws of the Republic of Lithuania can be held only by citizens of the Republic of Lithuania.

Article 11

Foreigners staying in the Republic of Lithuania shall not be subject to military service in the army of the Republic of Lithuania.

Article 12

Under the laws of the Republic of Lithuania foreigners on the territory of the Republic of Lithuania shall be guaranteed inviolability of person and of abode, and other personal freedoms.

Foreigners residing in the Republic of Lithuania cannot be detained or arrested except when he or she:

(1)  attempted to illegally entered the Republic of Lithuania and was detained;

(2)  was illegally staying in the Republic of Lithuania and was detained;

(3)  committed a crime or any other violation of law for which he or she had to be detained or arrested under the laws of the Republic of Lithuania.

(4)  in other cases established by the laws of the Republic of Lithuania.

Each detained foreigner must be informed without delay of the reasons of his detention or of accusations brought against him if there are such, in the language understandable to him.

Article 13

Each foreigner, possessing citizenship of a foreign state and staying in the Republic of Lithuania, shall be provided a possibility to get in touch with a diplomatic or consular mission, or with any other body representing the interests of that foreign state in the Republic of Lithuania, and if there are no such body, with the diplomatic or consular mission of other foreign state which is authorised to defend the rights and lawful interests of citizens of that state whose citizen is the detained foreigner.

Bodies of the Procuracy of the Republic of Lithuania must notify a diplomatic or consular mission of the state whose citizen has been detained, of his detention or arrest not later than within 48 hours.

Article 14

Foreigners staying in the Republic of Lithuania shall have the right to appeal to court or other state bodies by himself or through a person authorised by him in the same manner as the citizens of the Republic of Lithuania.

Article 15

Foreigners staying in the Republic of Lithuania shall enjoy property rights under the laws of the Republic of Lithuania.

Article 16

Foreigners permanently residing in the Republic of Lithuania may engage in any labour or economic activity if it is not prohibited by the laws of the Republic of Lithuania and if only the citizens of the Republic of Lithuania are permitted to engage in it.

Article 17

Foreigners permanently residing in the Republic of Lithuania and lawfully employed shall enjoy the same economic and social rights as the citizens of the Republic of Lithuania.

Foreigners who are permanently residing in the Republic of Lithuania and have a legal job, shall enjoy the same economic and social rights of citizens of the Republic of Lithuania.

Article 18

Foreigners permanently residing in the Republic of Lithuania shall enjoy the same rights to social security as citizens of the Republic of Lithuania.

Article 19

The right of foreigners staying in the Republic of Lithuania to move freely in the Republic of Lithuania may be curtailed only for the reasons of state security or public order according to the procedure established by laws of the Republic of Lithuania.

Article 20

Each foreigner staying in the Republic of Lithuania shall be guaranteed the right to freely depart from the Republic of Lithuania, this right may be abridged provided a foreigner:

(1)  has been charged with a crime, until the end of the investigation of the case;

(2)  has been sentenced for the committed crime, until he has served his term or until he is exempt from serving his term;

(3)  has not discharged his property obligations to the state of Lithuania or property obligations arising from marriage or family relations, or any other property obligations established by enforced decisions of the court.

Article 21

Foreigners staying in the Republic of Lithuania shall be subject to taxation in the same manner as the citizens of the Republic of Lithuania, unless laws of the Republic of Lithuania or international agreements of the Republic of Lithuania provide otherwise.

Article 22

Foreigners permanently residing in the Republic of Lithuania shall enjoy the same rights to education as citizens of the Republic of Lithuania, which shall be discharged in the manner established by laws of the Republic of Lithuania.

Article 23

Foreigners staying in the Republic of Lithuania shall enjoy the same rights to cultural proportion as citizens of the Republic of Lithuania.

Foreigners shall be guaranteed to use their native language, to protect and foster their culture and traditions.

Article 24

Foreigners staying in the Republic of Lithuania may contract or dissolve marriage with a citizen of the Republic of Lithuania according to the procedure established by laws of the Republic of Lithuania.

In their marital and family relations, foreigners shall be entitled to the same rights and duties as citizens of the Republic of Lithuania.

Chapter 3 - FOREIGNERS' ENTRY INTO AND DEPARTURE FROM THE REPUBLIC OF LITHUANIA

Article 25

Foreigners may enter the Republic of Lithuania only after they have been issued a visa, entrance permit, or any other relevant document by the competent bodies of the Republic of Lithuania.

Article 26

Entry visas to the Republic of Lithuania shall be issued by a diplomatic or consular mission located abroad, or by other bodies of the Republic of Lithuania established by laws.

Article 27

A foreigner may not be permitted to enter the Republic of Lithuania if:

(1)  he has committed crimes against humanity or acts of genocide;

(2)  his entrance poses a threat to the national security, public order, health and morality of the inhabitants;

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

(4)  in his application for a visa, gave false information;

(5)  in other cases envisaged by laws of the Republic of Lithuania.

Article 28

A foreigner shall be issued a permit to reside in the Republic of Lithuania by the Ministry of Internal Affairs of the Republic of Lithuania.

Article 29

Upon changing their permanent place of abode on the territory of the Republic of Lithuania, foreigners must inform of it the Ministry of Internal Affairs of the Republic of Lithuania in due course of law.

Article 30

A foreigner may be issued a permit for permanent residence in the Republic of Lithuania only in cases defined in paragraph 2 of Article 6 of this Law.

Article 31

Upon departure from the Republic of Lithuania, foreigners must submit a passport or another equivalent document.

Upon departure from the Republic of Lithuania, foreigners permanently residing in the Republic of Lithuania must submit passports or another equivalent document to the agencies of the Ministry of Internal Affairs of the Republic of Lithuania and receive from the Ministry of Internal Affairs the permit for departure.

Article 32

Foreigners shall not be permitted to depart from the Republic of Lithuania in cases defined in Article 20 of this Law.

Decision prohibiting a foreigner to depart from the Republic of Lithuania shall be adopted by the Ministry of Internal Affairs of the Republic of Lithuania.

Article 33

Bodies of border control shall not permit a foreigner to depart from the Republic of Lithuania until he submits required documents.

Article 34

Foreigners' rights and freedoms established by this law may be abridged only on the basis envisaged by the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and International Covenant on Economic, Social, and Cultural Rights, and only under laws of the Republic of Lithuania.

Article 35

A decision prohibiting a foreigner to depart from the Republic of Lithuania may be appealed against in court.

Chapter 4 - FOREIGNERS' RESPONSIBILITY, THEIR DEPORTATION FROM THE REPUBLIC OF LITHUANIA

Article 36

The Ministry of Internal Affairs of the Republic of Lithuania shall recommend a foreigner who has violated the Constitution of the Republic of Lithuania, this and other laws of the Republic of Lithuania, or when his actions pose a threat to national security or public order, health and morality of its inhabitants, to depart from the Republic of Lithuania.

If a foreigner refuses to depart from the Republic of Lithuania or if he does not depart within a recommended period, decision concerning his deportation shall be adopted by the Minister of Internal Affairs.

Foreigners who entered or are residing in the Republic of Lithuania illegally, may be deported from it on the decision of the Ministry of Internal Affairs.

A decision to deport a foreigner from the Republic of Lithuania shall be appealed against in accordance with subordination.

Article 37

Foreigners who have committed a crime or any other violation of law in the Republic of Lithuania, shall be accountable under laws of the Republic of Lithuania, unless international agreements binding on Lithuania, provide otherwise.

Chapter 5 - CONCLUSIONS

Article 38

This Law shall not be applied to heads and officers of diplomatic and consular missions of foreign states and to persons equaled to them, who are entitled to privileges and immunities established by laws of the Republic of Lithuania and international agreements binding on Lithuania

Article 39

If an international agreement binding on Lithuania establishes other regulations than those provided for in this law, the regulations of an international agreement shall be applied.