REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF FOREIGNERS IN THE REPUBLIC OF LITHUANIA CHAPTER 1
- General provisions Article
- In the Republic of Lithuania, persons possessing citizenship or any foreign state, as well as stateless persons shall be qualified as foreigners. Article
- The legal status of foreigners in the Republic of Lithuania shall be established by this and other laws of the Republic of Lithuania. Issues concerning legal status of citizens with foreign citizenship may also be regulated by international agreements of the Republic of Lithuania with foreign states, the citizens of which they are. Article
- Foreigners in the Republic of Lithuania shall enjoy the same rights and freedoms as citizens of the Republic of Lithuania unless the Constitution of the Republic of Lithuania, this and other laws or 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 laws regardless of their race, colour, sex, language, religion, political or other convictions, national or social origin, property, birth or any others status. In the Republic of Lithuania, foreigners, while exercising their rights and freedoms, must not carry out activities detrimental to the interests of the Republic of Lithuania, rights or legitimate interests of citizens of the Republic of Lithuania, or of other persons. Article
- The provisions of this law shall be applied with regard to citizens of foreign states upon a basis of reciprocity. When in becomes evident that another state restricts or violates universally recognized norms of legal status of foreigners with regard to citizens of the Republic of Lithuania, the Government of the Republic of Lithuania may establish reciprocations of rights and freedoms of foreigners of that state, who are staying in the Republic of Lithuania. Article
- 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 Lithuania nation and other national minorities residing in Lithuania. Article
- Foreigners may reside permanently in Lithuania if they have a residence permit issued by the Ministry or Internal Affairs or the Republic of Lithuania and a document of identity. A permit for permanent residence in the Republic of Lithuania shall beissued 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 of support in the Republic of Lithuania; 6) in other cases established by law 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 nos acquired the citizenship of the Republic of Lithuania under the 1989 Law on Citizenship of the Republic of Lithuania. Such persons shall be qualified as foreigners permanently residing in the Republic of Lithuania. Article
- Foreigners who are in the Republic of Lithuania on the basis other 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 has expired. CHAPTER 2 Basic Rights, Freedoms, and Duties of Foreigners Staying in the Republic of Lithuania Article
- Foreigners staying in Lithuania shall enjoy freedom of thought, conscience, religion, and convictions. Article
- Foreigners cannot elect or be elected to the representative bodies of state power of the Republic of Lithuania and other elective state bodies, as well as to participate in referenda (plebiscites). Article
- Foreigners who permanently reside in the Republic of Lithuania may hold any post in state service, with the exception of those posts that under the laws of the Republic of Lithuania can be held only by citizens of the Republic of Lithuania. Article
- Foreigners staying in the Republic of Lithuania shall nor be subject to military service in the army or the Republic of Lithuania. Article
- 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, as well as other personal freedoms. A foreigner staying in the Republic of Lithuania cannot be detained or arrested except when he or she: 1) attempted to illegally enter 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 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 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
- 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 authorized 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
- Foreigner staying in the Republic of Lithuania shall have the right to appeal to court or other state bodies personally a person authorized by him, in the same manner as the citizens of the Republic of Lithuania. Article
- Foreigners staying in the Republic of Lithuania shall enjoy property rights under the laws of the Republic of Lithuania. Article
- Foreigners permanently residing in the Republic of Lithuania may engage in any labour or economic activity if it not prohibited by the laws of the Republic of Lithuania and if not exclusively citizens of the Republic of Lithuania are permitted to engage in it. Article
- Foreigners, who are permanently residing in the Republic of Lithuania and have a legal job, shall enjoy the same economic and social rights as citizens of the Republic of Lithuania. Article
- Foreigners permanently residing the Republic of Lithuania shall enjoy the same rights to social security as citizens of the Republic of Lithuania. Article
- 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
- Each foreigner staying in the Republic of Lithuania shall be guaranteed the right to freely depart from the Republic of Lithuania. This rights 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 of family relations, or any other property obligations established by enforced decisions of court. Article
- 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
- 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
- Foreigners staying in the Republic of Lithuania shall enjoy the same rights to cultural properties of the Republic of Lithuania. Foreigners shall be guaranteed the rights to use their native language, to protect and foster their culture and traditions. Article
- 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
- 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
- Entrance visa 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
- A foreigner may not be permitted to enter the Republic of Lithuania if: 1) he has committed crimes against humanity o acts of genocide; 2) his entrance poses a threat to the national security, public order, health and morality or its inhabitants; 3) during the last five years has deliberately committed a serious crime; 4) in his applications for a visa false information; 5) in other cases invisaged by laws of the Republic of Lithuania. Article
- 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
- 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
- A foreigner may be issued a permanent residence in the Republic of Lithuania only in cases defined in Paragraph 2 of Article 6 of this law. Article
- 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 passport 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
- Foreigners shall not be permitted to depart from the Republic of Lithuania in cases defined in Article 20 of this law. A 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
- Bodies of border control shall not permit a foreigner to depart from the Republic of Lithuania until he submits required documents. Article
- Foreigners' rights and freedoms established by this law, may be abridged only 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
- 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
- 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
- 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 on Lithuania provide otherwise. CHAPTER 5 Conclusions Article
- 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
- 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. VYTAUTAS LANDSBERGIS President Supreme Council Republic of Lithuania Vilnius 4 September 1991 No I-1750
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