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Nutarimas paskelbtas: Žin

Nutarimas paskelbtas: Žin Resolution published: Official Gazette No 26-693, 2000; Unofficial text of the Resolution GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No 335 ON APPROVING THE IMPLEMENTATION PROCEDURE FOR DECISIONS ORDERING DEPARTURE OR EXPULSION of ALIENS FROM THE REPUBLIC OF LITHUANIA (As amended by 20 June 2001 No 764) Vilnius 23 March 2000 In accordance with the Law on the Legal Status of Aliens (Official Gazette No 115–3236, 1998) the Government of the Republic of Lithuania has resolved:

  1. To approve the implementation procedure for decisions ordering departure or expulsion of aliens from the Republic of Lithuania (attached hereto).
  2. To acknowledge as invalid: 2.
  3. Government of the Republic of Lithuania Resolution No 15 of 10 January 1997 On the Approval of Rules for the Expulsion of Aliens from the Republic of Lithuania (Official Gazette No 5–75, 1997); 2.
  4. Government of the Republic of Lithuania Resolution No 657 of 25 May 1999 On Partial Amendments to the Government of the Republic of Lithuania Resolution No 15 of 10 January 1997 On the Approval of Rules for the Expulsion of Aliens from the Republic of Lithuania (Official Gazette No 47–1488, 1999). Prime Minister Andrius Kubilius Minister of the Interior Česlovas Blažys ___________________ APPROVED by the Resolution of the Government of the Republic of Lithuania No 335 23 March 2000 IMPLEMENTATION PROCEDURE FOR DECISIONS ORDERING DEPARTURE OR EXPULSION of ALIENS FROM THE REPUBLIC OF LITHUANIA
  5. The present Procedure shall regulate the implementation of decisions ordering departure or expulsion of aliens from the Republic of Lithuania.
  6. An alien shall be ordered to depart from the Republic of Lithuania if: 2.
  7. he resides in the Republic of Lithuania after the end of the term of visa–free stay in the Republic of Lithuania, established by Resolution of the Government of the Republic of Lithuania or by an international treaty; 2.
  8. he resides in the Republic of Lithuania after the term of the validity of his visa has ended; 2.
  9. he resides in the Republic of Lithuania after the validity period of his temporary residence permit has ended; 2.
  10. he has been withdrawn a visa of the Republic of Lithuania; 2.
  11. he has been withdrawn a residence permit in the Republic of Lithuania.
  12. In cases provided for in paragraph 2 of the present Procedure decisions ordering aliens to depart from the Republic of Lithuania shall be taken by the Ministry of the Interior or an institution authorised by the Ministry, which shall order an alien to depart from the Republic of Lithuania within 10 days after submitting the decision.
  13. If an alien fails to depart from the Republic of Lithuania heads of city and district police commissariats or border control posts or border crossing points shall within 2 working days draft and submit to the Ministry of the Interior or an institution authorised by the Ministry a proposal to expel the alien from the Republic of Lithuania together with materials substantiating such a proposal.
  14. An alien shall be expelled from the Republic of Lithuania: 5.
  15. if he has failed to comply with the requirement to depart from the Republic of Lithuania; 5.
  16. if he has unlawfully entered the territory of the Republic of Lithuania or unlawfully resides therein; 5.
  17. in other cases provided for by laws of the Republic of Lithuania
  18. Decisions to expel from the Republic of Lithuania aliens with permanent residence permits in the Republic of Lithuania shall be made by court at the proposal of the Ministry of the Interior, in other cases - by the Ministry of the Interior or an institution authorised by the Ministry.
  19. An alien who has been refused the status of a refugee in the Republic of Lithuania shall be expelled from the Republic of Lithuania at the decision of the Ministry of the Interior of the Republic of Lithuania or by an institution authorised by the Ministry.
  20. Before making the decision to expel an alien from the Republic of Lithuania circumstances related to the lawful stay of the alien in Lithuania or to his social, economic and other ties in the Republic of Lithuania have to be considered as well as the reasons, for which the expulsion of the alien may be postponed as provided for by the Law of the Republic of Lithuania on the Legal Status of Aliens.
  21. An alien shall be acquainted in the language he understands with the decision made. An alien’s travel document shall be accordingly marked that he has been ordered to depart or has been expelled from the Republic of Lithuania following the procedure established by the Ministry of the Interior of the Republic of Lithuania.
  22. The decision to expel an alien from the Republic of Lithuania shall be carried out by the Aliens Registration Centre or city and district police commissariats, depending on the place of residence of the alien, within 10 days after the decision has been made unless there are objective circumstances hindering the implementation of the decision.
  23. An alien who has been remitted a sentence in the Republic of Lithuania or has served a sentence, or has been sentenced to a non-custodial penalty, shall be immediately expelled from the Republic of Lithuania unless there are objective circumstances hindering the implementation of the decision to expel the alien from the Republic of Lithuania.
  24. If there are objective circumstances hindering the implementation of the decision to expel the alien from the Republic of Lithuania (no funds for expulsion, a travel document not issued, a travel ticket not received, etc.), the decision shall be implemented when the above mentioned circumstances cease to exist.
  25. Aliens who come to or reside in the Republic of Lithuania illegally may be temporarily, till they are expelled from the Republic of Lithuania, accommodated at the Aliens Registration Centre, according to the procedure established by the law.
  26. An alien who is temporarily accommodated at the Aliens Registration Centre shall according to the procedure and on the basis established by the law be given the possibility to get in contact with a diplomatic mission or a consular office of the state of which he is a citizen and which represents the interests of that state in Lithuania, and if there is no such an institution - with a diplomatic mission or a consular office of another state, authorised to protect the rights and lawful interests of the citizens of the state of which the alien is a citizen.
  27. An alien, who is expelled from the Republic of Lithuania shall be accompanied to the state border of the Republic of Lithuania by the officials of the State Border Protection Service under the Ministry of the Interior or by police officials. Amendments to the paragraph: No 764, 20 06 2001, Official Gazette No 53-1896 (22 06 2001), 2001
  28. An alien shall be expelled to one of these states: 16.
  29. to the state of which he is a citizen; 16.
  30. to the state in which he has a place of residence; 16.
  31. to the state which he came from; 16.
  32. to the state which agrees to accept him.
  33. A decision shall not be taken to expel an alien to a state where he shall be persecuted because of his sex, race, nationality, language, origin, religion, political or other views, national or social origin and where he shall not be able to make use of the protection of that state.
  34. An alien shall be expelled from the Republic of Lithuania: 18.
  35. at his expense; 18.
  36. at the expense of physical or legal entities that have invited him or that have paid for his subsistence; 18.
  37. in case of absence of funds specified in paragraphs 18.1 and 18.2 of the present Procedure – at the expense of the state by making use of the funds allocated to the Ministry of the Interior or to an institute authorised by the Ministry.
  38. A carrier which has illegally brought an alien to the Republic of Lithuania shall at his own expense return him to the state from which the alien was transported. The state shall not compensate the carrier for the expenses of returning the alien.
  39. An alien who was expelled from the Republic of Lithuania may be prohibited from re-entry into the Republic of Lithuania for a definite or an indefinite period of time. A decision prohibiting the re-entry of the alien into the Republic of Lithuania shall be made or withdrawn by the Migration Department under the Ministry of the Interior.
  40. An appeal against the decision of the Ministry of the Interior or an institution authorised by it to expel an alien from the Republic of Lithuania may be filed to court within 7 days of submitting the decision to the alien. The court shall make a decision within 10 days from the date of filing the appeal. While the appeal is being examined the alien shall not be expelled from the Republic of Lithuania. –––––––––––––––– Amendments:
  41. Government of the Republic of Lithuania Resolution No 764, 20 06 2001, Official Gazette No 53-1896 (22 06 2001), 2001 ON PARTIAL AMENDMENTS TO THE GOVERNMENT OF LITHUANIA RESOLUTION NO 335 OF 23 MARCH 2000 ON APPROVING THE IMPLEMENTATION PROCEDURE FOR DECISIONS ORDERING DEPARTURE OR EXPULSION of ALIENS FROM THE REPUBLIC OF LITHUANIA *** End *** Editor: Angonita Rupšytė (22 06 2001) [email protected]

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