LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS 29 April 2004 – No IX-2206 Vilnius (As last amended on 8 December 2011 – No XI-1786) CHAPTER I GENERAL PROVISIONS Article 1. Purpose and Scope of the Law 1. This Law shall establish the procedure of entry and exit, temporary or permanent residence, granting of asylum, the procedure of integration and naturalisation as well as the procedure for lodging appeals against the decisions on the legal status of aliens and shall regulate other issues relating to the legal status of aliens in the Republic of Lithuania. 2. The provisions of this Law have been harmonised with the provisions of legal acts of the European Union specified in the Annex to this Law. 3. The Law shall not apply to aliens who enjoy the privileges and immunities under international treaties and other legal acts of the Republic of Lithuania. 4. The provisions of other laws of the Republic of Lithuania shall apply to legal relations regulated by this Law to the extent they are not regulated by this Law. Article 2. Definitions 1. “Manifestly unfounded application for asylum” means an application by an alien for asylum in the Republic of Lithuania in which there is clearly no substance to the applicant’s claim of fear of persecution in the country of origin or it is based on false or misleading representations or is an abuse of asylum procedures and it is clear that for the above-mentioned reasons it fails to meet the criteria established in this Law for the granting of asylum in the Republic of Lithuania. 2. “Travel document of a stateless person” means a document, issued in accordance with the provisions of the 1954 Convention relating to the Status of Stateless Persons to a stateless person not holding citizenship of any foreign country but holding a document which entitles to reside in the Republic of Lithuania, granting the right to depart from and return to the Republic of Lithuania for the period of validity of the document. 3. “Residence permit of a citizen of a Member State of the European Communities” means a document granting any citizen of an EU Member State and his family member the right of residence in the Republic of Lithuania. 4. “Family members of a citizen of an EU Member State” mean the person’s spouse or the person with whom a registered partnership has been contracted, his direct descendants who are under the age of 21 or are dependants, including direct descendants of the spouse or person with whom the registered partnership has been contracted, who are under the age of 21 or those who are dependants, the dependent direct relatives in the ascending line of a citizen of an EU Member State, of the spouse or of the person with whom the person has contracted a registered partnership. 4(1). “Residence permit in the Republic of Lithuania of a family member of the citizen of an EU Member State” (hereinafter – the “EU residence permit”) means the document granting a family member of the citizen of an EU Member State, who is not a citizen of an EU Member State, the right of residence in the Republic of Lithuania. 5. “Citizen of an EU Member State” means an alien holding citizenship of an EU Member State. 6. “Marriage of convenience” means a marriage concluded between a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania and an alien who is not a citizen of an EU Member State with the aim of obtaining a residence permit to reside in the Republic of Lithuania and not seeking to create other legal consequences of marriage established by the legal acts of the Republic of Lithuania. 6(1). “Fake adoption” means the adoption procedure carried out by a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania and an alien who is not a citizen of an EU Member State with the aim of obtaining a residence permit to reside in the Republic of Lithuania and not seeking to create other legal consequences of adoption established by the legal acts of the Republic of Lithuania. 6(2). “Registered partnership of convenience” means a registered partnership contracted by a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania and an alien who is not a citizen of an EU Member State when it is contracted with the aim of obtaining a residence permit to reside in the Republic of Lithuania and not seeking to create other legal consequences of a registered partnership established by the legal acts of the Republic of Lithuania.   7. “Return to a foreign country” means transfer of an alien to his country of origin or a foreign country to which he has the right to depart in accordance with the procedure established by legal acts and upon the decision agreed with that country. Version of paragraph 7 as of 1 February 2012: 7. “Return to a foreign country” means the procedure whereby an alien voluntarily complies with an obligation to depart from the Republic of Lithuania or is expelled to a country which is not a Member State of the European Union or the European Free Trade Association. 71. “Humanitarian reasons” mean reasons as they are defined in subparagraphs 1 – 4 of paragraph 1 of Article 18 of this Law. 8. “Expulsion from the Republic of Lithuania” means compulsory transportation or removal of an alien from the territory of the Republic of Lithuania in accordance with the procedure established by legal acts. 9. “Obligation to depart from the Republic of Lithuania” means a decision made in accordance with the procedure established by legal acts obliging an alien to depart independently from the territory of the Republic of Lithuania within a specified period of time. Version of paragraph 9 as of 1 February 2012: 9. “Obligation to depart from the Republic of Lithuania” means a decision made in accordance with the procedure established by legal acts obliging an alien to depart voluntarily to a Member State of the European Union or the European Free Trade Association in which he is entitled to stay or reside. 10. “Travel document” means the passport of a foreign citizen or an equivalent document intended for travelling to a foreign country and recognised in the Republic of Lithuania.  11. “Country of origin” means the country whose citizenship the alien holds or, where it is impossible to establish the citizenship of the alien or where the alien is a stateless person, the country where he has his permanent place of residence. 111. “Letter of invitation” means a document confirming the commitment of a natural or legal person of the Republic of Lithuania to ensure that an alien arriving in the Republic of Lithuania is properly accommodated throughout the period of his stay in the Republic of Lithuania under a visa and that, where necessary, the costs of the alien’s return to his country of origin or a foreign country to which he has the right to depart are covered. 12. “Temporary territorial asylum” means the right granted to an alien in accordance with the procedure established by this Law to stay in the Republic of Lithuania pending the examination of his asylum application. 13. “Work permit in the Republic of Lithuania” means a document granting an alien the right to work in the Republic of Lithuania for a period specified therein. 14. “Temporary residence permit in the Republic of Lithuania” (hereinafter – a “temporary residence permit”) means a document granting an alien the right for temporary residence in the Republic of Lithuania for a period specified therein. 15.  “Permit of a long-term resident of the Republic of Lithuania to reside in the European Community” (hereinafter – a “permanent residence permit”) means a document entitling an alien to reside in the Republic of Lithuania and certifying the alien’s permanent resident status. 16. “Unaccompanied minor alien” means an alien under the age of 18 who enters the Republic of Lithuania unaccompanied by parents or other lawful representatives or accompanied by the above-mentioned persons, however is left unattended in the Republic of Lithuania. 17. “Refugee’s travel document” means a travel document issued to a refugee in accordance with the provisions of the 1951 Convention relating to the Status of Refugees, granting the refugee the right to depart from and return to the territory of the Republic of Lithuania for the period of validity of the document. 18. “Refugee” means an alien who has been granted the status of a refugee in the Republic of Lithuania in accordance with the procedure established by this Law. As of 1 February 2012, Article 2 shall be supplemented with paragraph 181: 181. “Vulnerable person” means a minor, a disabled person or a person who is over 75 years of age, a pregnant woman, a single father or mother raising minor children or a person who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. 19. “Examination of an asylum application as to substance” means an investigation for the purpose of establishing whether or not the applicant should be accorded the status of a refugee or subsidiary protection and whether or not there are grounds for refusing to grant the status of a refugee or subsidiary protection. 20. “Asylum applicant” means an alien who has lodged an asylum application in accordance with the procedure established in this Law. 21. “Temporary accommodation of an asylum applicant” means accommodation of the asylum applicant in an appropriate place without restricting his freedom of movement. 22. “Family members of an asylum applicant” mean the spouse of the asylum applicant or the person with whom a registered partnership has been contracted, the children of the couple or one of them (adopted children irrespective of whether they have been adopted according to the legal acts of the Republic of Lithuania) (hereinafter – children) under the age of 18, on condition that they are not married, as well as the father (adoptive father), mother (adoptive mother) (hereinafter – father, mother) or a guardian (custodian) of the minor asylum applicant, where the family already existed in the country of origin and the family members are present in the territory of the Republic of Lithuania during the examination of the asylum application.  23. “Asylum in the Republic of Lithuania” means granting of the status of refugee, subsidiary protection or temporary protection to an alien on the grounds and following the procedure established by this Law. 24. “Safe country of origin” means the alien’s country of origin in which, on account of the legal situation, the application of the law and the general political circumstances, it can be safely assumed that neither persecution on the grounds of race, religion, citizenship, belonging to a certain social group or due to political convictions nor torture, cruel, inhuman or degrading treatment as punishment or violation of the human rights and fundamental freedoms are being practised; there is no threat of chaotic violent actions, which may arise in the course of an international or domestic armed conflict, or, by the Council Decision, the alien’s country of origin has been entered in the minimum common list of safe countries of origin or the alien’s country of origin has been entered in the national list of safe third countries, which have not been entered in the minimum common list of safe countries of origin, approved by the Minister of the Interior. 25. “Safe third country” means a country which is not the alien’s country of origin but is a state party to the 1951 Convention relating to the Status of Refugees and/or the 1967 Protocol relating to Refugee Status as well as the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms and/or the 1966 International Covenant on Civil and Political Rights, implementing the provisions of the above-mentioned instruments and providing a feasible possibility under national laws to apply for and be granted asylum according to the established procedure. 26. “Family members” means the spouse or the person with whom a registered partnership has been contracted, children (adopted children) (hereinafter – children) under the age of 18, including the children under the age of 18 of the spouse or the person with whom a registered partnership has been contracted, on condition that they are not married and are dependent, as well as direct relatives in the ascending line who have been dependent for at least one year and are unable to use the support of other family members resident in a foreign country. 27. “Family reunification” means the entry into and residence in the Republic of Lithuania of family members of an alien, who is not a citizen of the European Union but is residing lawfully in the Republic of Lithuania, in order to preserve the family, irrespective of whether the family relationship arose before or after the alien’s arrival. 271. “The Schengen acquis” means the totality of legal acts consisting of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, the Schengen Convention, protocols and agreements of Member States on the accession to the Convention implementing the Schengen Agreement, the decisions and declarations of the Schengen executive committee, other legal acts adopted on the basis of the Schengen Agreement and  the Schengen Convention. 272. “The Schengen Convention” means the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on gradual implementation of abolition of checks at their common borders. 273. “The Schengen State” means the state that has acceded to the Schengen Convention or the state in which the complete Schengen acquis is applied.    274. “The Schengen visa” means the visa valid in the Schengen States and issued in accordance with the Schengen acquis. 28. “Lawful representative” means the parents or other persons who, under the laws of the country whose citizen or permanent resident a minor alien is, are responsible for the minor staying in the Republic of Lithuania. 29. “Alien’s passport” means a document issued to a foreign citizen, having the right of residence in the Republic of Lithuania but for objective reasons unable to obtain travel documents from his country of origin, granting him the right to depart from and return to the Republic of Lithuania for the period of validity of the document. 30. “Alien’s registration certificate” means a document certifying the status of the asylum applicant or, in the cases where the identity of the asylum applicant has been established in the manner laid down by the Minister of the Interior, his identity and his right to temporary refuge in the territory of the Republic of Lithuania. 31. “Alien’s detention” means temporary accommodation of an alien in the Aliens Registration Centre, where the alien’s freedom of movement is restricted on the grounds and for the period specified by this Law. 32. “Alien” means any person other than a citizen of the Republic of Lithuania irrespective of whether he is a foreign citizen or a stateless person. 33. “Visa” means an authorisation in the form of a sticker affixed in the alien’s travel document entitling to enter, stay in or transit through the Republic of Lithuania. Article 3. Rights and Duties of Aliens in the Republic of Lithuania 1. Aliens in the Republic of Lithuania shall enjoy the rights and freedoms provided for by the Constitution of the Republic of Lithuania, international treaties, laws of the Republic of Lithuania and legal acts of the European Union. 2. Aliens in the Republic of Lithuania shall be equal before the law, irrespective of their sex, race, citizenship, language, origin, social status, religion, convictions or views. 3. Aliens in the Republic of Lithuania must observe the Constitution of the Republic of Lithuania, laws and other legal acts of the Republic of Lithuania. 4. At the request of police or other law enforcement institution officers, aliens must produce documents confirming their identity (travel document, residence permit or any other document) as well as other documents specifying the purpose and conditions of their presence in the country and attesting to the lawfulness of the alien’s stay in the Republic of Lithuania. Article 4. Control of Lawful Stay and Residence of Aliens in the Republic of Lithuania The lawful stay and residence of aliens in the Republic of Lithuania shall be controlled by the police, the Migration Department under the Ministry of the Interior (hereinafter –Migration Department), the State Border Guard Service under the Ministry of the Interior (hereinafter – State Border Guard Service) in association with state and municipal institutions and agencies of the Republic of Lithuania. CHAPTER II ENTRY OF ALIENS INTO THE REPUBLIC OF LITHUANIA Article 5. Entry of Aliens into the Republic of Lithuania 1. Aliens who enter the Republic of Lithuania or depart from it shall be subject to the provisions of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). 2. The presence of aliens in the transit zones of international airports of the Republic of Lithuania shall not be considered as entry into the territory of the Republic of Lithuania. 3. Where an alien lodges an asylum application in the Republic of Lithuania, the decision on the alien’s admission or refusal of admission into the Republic of Lithuania shall be made by the Migration Department. Article 6. Obligation to Have a Valid Travel Document 1. In order to enter the territory of the Republic of Lithuania and stay therein, an alien must have a valid travel document unless otherwise established by the international treaties of the Republic of Lithuania, legal acts of the European Union and the Government of the Republic of Lithuania. 2. An alien must produce a valid travel document at the border crossing points.  3. The procedure regulating the recognition of valid travel documents of aliens, entitling the aliens to come to the Republic of Lithuania, and the list of such documents shall be established and approved by the Minister of Foreign Affairs together with the Minister of the Interior. Article 7. Repealed as of the entry into force of the Schengen Convention in the Republic of Lithuania. Article 8. Grounds for Refusing an Alien Admission into the Republic of Lithuania 1. The conditions of refusing an alien admission into the Republic of Lithuania shall be established in compliance with the Schengen Borders Code. 2. The decision to refuse an alien admission into the Republic of Lithuania shall be made by the State Border Guard Service, except for the case specified in paragraph 3 of Article 5 of this Law. 3. (Repealed). Article 9. Control of Aliens Entering the Republic of Lithuania 1. The crossing of the state border of the Republic of Lithuania by aliens shall be controlled by the State Border Guard Service in the manner established by the laws of the Republic of Lithuania. 2. When admitting an alien into the Republic of Lithuania, the State Border Guard Service officers must establish whether he meets the conditions set in this Law and whether there are reasons specified in this Law precluding the alien’s admission into the Republic of Lithuania. 3. When exercising control over the arriving aliens, the State Border Guard Service shall cooperate with the relevant state institutions and agencies of the Republic of Lithuania, foreign country institutions and international organisations in compliance with the international treaties that have come into effect in respect of the Republic of Lithuania and other legal acts. Article 10. Unlawful Entry into the Republic of Lithuania The entry of an alien into the Republic of Lithuania shall be considered unlawful if the alien: 1) enters the Republic of Lithuania despite having been entered in the national list of aliens prohibited from entering the Republic of Lithuania or for whom an alert has been issued in the Central Schengen Information System for the purposes of refusing entry, except for the cases specified in the Schengen Borders Code; 2) enters the Republic of Lithuania crossing an external border of the European Union, as defined in Article 2 (2) of the Schengen Borders Code, not through the border crossing points; 3) when entering the Republic of Lithuania produces another person’s document or a forged travel document; 4) enters the Republic of Lithuania without a valid travel document and without an appropriate document entitling him to enter the Republic of Lithuania; 5) enters the Republic of Lithuania possessing a visa issued upon producing false data or forged documents. CHAPTER III STAY AND RESIDENCE OF ALIENS IN THE REPUBLIC OF LITHUANIA SECTION ONE VISAS Article 11. Visa-free Travel Regime and Requirement to Be in Possession of a Visa 1. The entry into and stay in the Republic of Lithuania of an alien who is not a citizen of an EU Member State shall be subject to the provisions of Council Regulation (EC) No 539/2001 of 15 March 2001 with all the subsequent amendments, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those third countries whose nationals are exempt from that requirement (hereinafter – Visa Regime Regulation). In the cases established by the Visa Regime Regulation, the Government of the Republic of Lithuania may grant exemptions from the visa requirement.  2. The alien to whom visa-free travel regime is applied shall be entitled to enter the Republic of Lithuania and stay in it without a visa for up to three months within each half a year starting from the first day of entry into the Republic of Lithuania or any other Schengen State. 3. The alien in possession of a valid Schengen visa shall be entitled to enter the Republic of Lithuania and stay in it for the time period specified in the visa, but not longer than for up to three months within each half a year starting from the first day of entry into the Republic of Lithuania or any other Schengen State. 4. A member of the family of a citizen of an EU Member State, who is not a citizen of an EU Member State, but is in possession of a residence permit indicated in the Corrigendum to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, shall be entitled to enter the Republic of Lithuania and stay in it without a visa for up to three months within each half a year.  5. The alien who is not specified in paragraph 4 of this Article but is in possession of a residence permit issued by another Schengen State shall, during the period of validity of the residence permit, be entitled to enter the Republic of Lithuania and stay in it without a visa for up to three months within each half year starting from the first day of entry into the Republic of Lithuania or any Schengen State other than the State which issued the said residence permit. 6. The possession of a visa shall not automatically entitle to enter the Republic of Lithuania. 7. Crew members of ships that call at the ports of the Republic of Lithuania and sailors who come to ships within the period of validity of the visa and who are entered in the list of crew members shall be entitled to go ashore in the Republic of Lithuania and stay in the area of the municipality into which their ships call, but no longer than for three months. Article 12. Types of Visas There shall be the following types of visas: 1) the Schengen visa; 2) the national visa. Article 121 Schengen Visa 1. The Schengen visa shall be issued to an alien in possession of a valid travel document, when its period of validity is not less than three months longer than the period of validity of the visa applied for. This provision may be omitted due to humanitarian reasons, national interests or international obligations if the period of validity of the alien’s travel document is longer than the period of validity of the visa and the alien complies with the conditions for issuing visas established by the Schengen acquis. This paragraph of the Article shall be implemented in accordance with the procedure laid down in paragraph 8 of Article 21 of this Law. 2. An alien in possession of a valid Schengen visa may enter the Republic of Lithuania and stay in it for the time period specified in the visa if the conditions of entry into the Schengen State, established in the Schengen Borders Code, are complied with. 3. The Schengen visas may be single entry, double entry or multiple entry. 4. A group of aliens may be issued a group visa. 5. An alien may be issued a visa with limited territorial validity. Article 122 Types of Schengen Visas There shall be the following types of Schengen visas: 1) airport transit visa (A); 2) transit visa (B); 3) short stay visa (C). Article 13. Airport Transit Visa (A) 1. An airport transit visa entitles aliens to stay in the transit area of an international airport of the Republic of Lithuania, intended for reaching another state, during a stopover or change of aircraft. 2. Citizens of the states specified in the list of paragraph 1 of Annex 3 to the Common Consular Instructions of 22 December 2005 on visas for the diplomatic missions and consular posts of the contracting parties to the Schengen Convention (2005/C 326/01) (hereinafter –Common Consular Instructions) or persons who are not citizens of these states but are in possession of travel documents issued by the competent institutions of these states shall be required to possess the airport transit visa. 3. Citizens of the states provided for in the national list approved by the Minister of the Interior together with the Minister of Foreign Affairs or persons who are not citizens of these states but are in possession of travel documents issued by the competent institutions of these states shall also be required to possess the airport transit visa. Article 14. Transit Visa (B) An alien possessing a transit visa may pass in transit through the Republic of Lithuania each time staying in the Republic of Lithuania for not longer than five days starting from the first day of entry into the Republic of Lithuania or any other Schengen State. Article 15. Short Stay Visa (C) An alien in possession of a short stay visa shall be entitled to enter the Republic of Lithuania and stay in it for not longer than three months within each half a year starting from the first day of entry into the Republic of Lithuania or any other Schengen State. Article 16. Group Visa and Visa with Limited Territorial Validity 1. A group visa, being a transit visa or a short stay visa, shall be issued for a maximum period of 30 days to a group of aliens from 5 to 50 people, organized in advance for the purpose of travelling to the Republic of Lithuania, provided that the members of the group enter the territory of the Republic of Lithuania, stay therein and depart as a group. A group visa shall be affixed to the group passport.   2. A visa with limited territorial validity shall be valid only in the Republic of Lithuania and/or in several other Schengen States and may be issued when one of the following grounds is present: 1) the alien’s travel document is not recognised by one or several Schengen States; 2) the conditions for entering, established in the Schengen Borders Code, are not fully complied with, but it is necessary for the alien to enter due to humanitarian reasons, national interests or international obligations.  A visa shall not be issued if the alien’s presence in the Republic of Lithuania would constitute a threat to national security, public policy, public health or international relations; 3) it is an urgent case (due to humanitarian reasons, national interests or international obligations) and no other Schengen State/States is/are consulted or when the consultations on the issue of visas fail; 4) the alien has already used a visa valid for three months within the period of six months.  In this case, a visa shall be issued for the same period of six months only in the cases specified in subparagraphs 1 to 4 of paragraph 1 of Article 18 of this Law.    Article 17. National Visa (D) 1. An alien in possession of a national visa may enter the Republic of Lithuania and stay in it for a period longer than three months. 2. A national visa may be single entry and multiple entry. The national visa shall be issued to an alien upon submitting a document evidencing health insurance coverage. 3. A single entry national visa shall be issued to an alien who has been granted a temporary or permanent residence permit in the Republic of Lithuania. 4. A multiple entry national visa shall be issued to an alien whose purpose of entry into the Republic of Lithuania is long term stay in the Republic of Lithuania. 5. An alien who periodically comes to the Republic of Lithuania to work or engage in any other lawful activity and whose main place of residence is in a foreign country shall be issued a multiple entry national visa. Article 18. Grounds for Extending the Stay in the Republic of Lithuania under the Schengen Visa 1. The duration of the stay in the Republic of Lithuania of an alien in possession of a visa whose Schengen visa issued to him has expired may be extended for one of the following reasons that emerged following the issue of the visa: 1) an illness, other acute health impairment or condition due to which the alien is unable to depart from the Republic of Lithuania; 2) professional activity; 3) personal reasons which the alien could not foresee and the emergence of which he could not avoid during his stay in the Republic of Lithuania being in possession of the visa; 4) force majeure. 2. The alien’s stay in the Republic of Lithuania in possession of the Schengen visa which has been extended may not exceed three months within each half a year starting from the first day of entry into the Republic of Lithuania or any other Schengen State. Article 19. Grounds for Refusing to Issue a Visa An alien shall be refused a visa if: 1) he does not comply with the conditions of entry established in the Schengen Borders Code, except for the grounds specified in subparagraph 2 of paragraph 2 of Article 16 of this Law; 2) applying for a visa, the alien refused to provide the required information about the purpose and conditions of the journey, the available means of subsistence during the period of his stay in the Republic of Lithuania or made statements of substantive fact which are untrue; 3) applying for a visa, the alien presented documents with elements of forgery; 4) there are serious grounds to believe that the alien may engage in illegal activities in the Republic of Lithuania which incur liability under the laws of the Republic of Lithuania; 5) he is entered in the national list of aliens prohibited from entering the Republic of Lithuania; 6) it has been decided to oblige him to depart from or to expel him from the Schengen State; Version of subparagraph 6 as of 1 February 2012: 6) it has been decided to oblige him to depart from, return him to or expel from the Schengen State; 7) he has humiliated by an action, word of mouth or in writing the visa issuing officers and civil servants regarding their activities or the State of the Republic of Lithuania; 8) where there are serious grounds to believe that he has committed a crime against humanity or a war crime or committed genocide within the meaning defined in the laws of the Republic of Lithuania, international treaties or other sources of international law; 9) he has not submitted documents evidencing health insurance coverage, when such documents are required during the journey. Article 20. Grounds for Annulling a Visa 1. A visa issued to an alien shall be annulled if: 1) applying for a visa, the alien made statements of substantive fact which are untrue; 2) upon issuing the visa, the grounds for refusing its issue to the alien transpire. 2. Upon the annulment of a visa, the alien must depart from the Republic of Lithuania. Article 21. Issue of a Visa, Refusal to Issue a Visa, Performance of Consultations, Extension of the Period of Stay of an Alien in Possession of a Visa, Annulment of a Visa 1. An alien shall submit the documents for the issue of a visa to the diplomatic mission or consular post of the Republic of Lithuania and, in the absence of such, the documents for the issue of the Schengen visa shall be submitted to the diplomatic mission or consular post of the Schengen State representing the Republic of Lithuania. In the cases established by the Minister of the Interior together with the Minister of Foreign Affairs, the alien may also submit documents for the issue of a visa at the border crossing point, at the institution authorised by the Minister of the Interior or the Ministry of Foreign Affairs of the Republic of Lithuania. 2. The Republic of Lithuania may represent another/other Schengen State/States or be represented by another/other Schengen State/States on the issues relating to the issue of Schengen visas. 3.  Decisions on the issue or refusal to issue the visa or on its annulment shall be made: 1) by the Consular Department of the Ministry of Foreign Affairs of the Republic of Lithuania on issuing short stay and national visas or refusing to issue them, on annulling all types of visas; 2) by the diplomatic missions or consular posts of the Republic of Lithuania on issuing all types of visas or refusing to issue them, on annulling all types of visas; 3) by the State Border Guard Service on issuing short stay visas and transit visas or refusing to issue them, on annulling all types of visas; 4) by the Migration Department on issuing short stay visas and national visas or refusing to issue them, on annulling all types of visas; 4. In the cases provided for by the Schengen acquis, the Schengen visa shall be issued to an alien and the period of stay in the Republic of Lithuania being in possession of a visa shall be extended only following the consultations of the Migration Department with other Schengen States. 5. The decision to extend the period of stay in the Republic of Lithuania being in possession of the Schengen visa or to refuse extending shall be made by the institutions authorised by the Minister of the Interior in accordance with the procedure established by the Minister of the Interior. 6. The list of state institutions and agencies which issue visas to aliens shall be approved by the Minister of the Interior together with the Minister of Foreign Affairs. 7. The alien may be issued the Schengen visa at the border crossing point in compliance with the provision of Council Regulation (EC). No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit. 8. An alien may apply for a visa in person, through an authorized representative as well as tour operators or travel agencies accredited in compliance with the requirements of the Common Consular Instructions. 9. The Common Consular Instructions and the procedure established by the Minister of the Interior together with the Minister of Foreign Affairs shall apply to the procedure for validation of the letter of invitation, submission of documents for the receipt of the visa and the issue of the visa as well the procedure for accreditation of tour operators and travel agencies, the issue of visas at border crossing points and visa annulment, to the extent the procedure does not contradict the Common Consular Instructions. Article 22. Invalid Visa A visa shall be invalid: 1) upon the expiry of the period of its validity; 2) if it is lost; 3) if it is annulled; 4) if it contains elements of forgery; 5) upon the issue of a new visa; 6) upon the issue of a residence permit; 7) if it is damaged due to technical or other reasons and therefore is not fit for use; 8) if the travel document to which it was affixed becomes invalid. Article 23. Unlawful Stay in the Republic of Lithuania An alien’s stay in the Republic of Lithuania shall be considered unlawful if the alien: 1) has stayed in the Republic of Lithuania for a period exceeding the period of a visa-free stay established for aliens in paragraphs 2, 4 and 5 of Article 11 of this Law; 2) stays in the Republic of Lithuania after the expiry of his visa; 3) stays in the Republic of Lithuania holding an annulled visa; 4) holds a forged travel document; 5) holds a forged visa; 6) stays in the Republic of Lithuania without a visa where it is necessary to possess a visa; 7) stays in the Republic of Lithuania without a valid travel document, except for asylum applicants; 8) has unlawfully entered the Republic of Lithuania. SECTION TWO RESIDENCE OF ALIENS IN THE REPUBLIC OF LITHUANIA Article 24. Residence Permit in the Republic of Lithuania A residence permit in the Republic of Lithuania (hereinafter – residence permit) shall grant an alien the right of residence in the Republic of Lithuania, to choose a place of residence in the Republic of Lithuania, to change the place of residence, to depart from and return to the Republic of Lithuania during the period of validity of the residence permit. Article 25. Types of Residence Permits Aliens shall be issued the following residence permits: 1) a temporary residence permit; 2) a permanent residence permit; Article 26. Conditions of Issue or Replacement of a Residence Permit 1. A residence permit may be issued or replaced to an alien if the alien: 1) meets the conditions of entry set in the Schengen Borders Code; 2) has a valid document evidencing health insurance coverage when, in the cases established by the laws of the Republic of Lithuania, he is not covered by compulsory health insurance, or, in the cases and in accordance with the procedure established by the Government of the Republic of Lithuania, he has a confirmed commitment of a citizen of the Republic of Lithuania or an alien residing in the Republic of Lithuania to cover the costs of the health care services provided to him during the period of his residence in the Republic of Lithuania; 3) has adequate means of subsistence and/or receives regular income which is sufficient for his stay in the Republic of Lithuania; 4) owns residential premises in the Republic of Lithuania or uses the residential premises under the lease or loan for use contract, provided that the duration of the relevant contract is not shorter than the period of validity of the temporary residence permit and has been registered in accordance with the established procedure, or presents an undertaking of a natural or legal person to provide him with accommodation for the period of validity of the temporary residence permit, approved in the manner established by legal acts; 5) where necessary, produces a list of his visits and stays in foreign countries. 2. The alien who has been put under guardianship/custody, who has been granted a residence permit in the Republic of Lithuania as he is or has been a victim of human trafficking and cooperates with the pre-trial investigation body or the court in combating human trafficking or offences linked to human trafficking or for reasons of state security may be exempted from the conditions set in subparagraphs 2 to 5 of paragraph 1 of this Article in accordance with the procedure established by legal acts. 3. The alien who has been granted refugee status in the Republic of Lithuania, subsidiary protection or temporary protection in the Republic of Lithuania may be exempted from the conditions set in according to the procedure established by legal acts from the conditions set in subparagraphs 2 to 5 of paragraph 1 of this Article in accordance with the procedure established by legal acts. The family members of the alien granted the refugee status in the Republic of Lithuania, who have applied for the issue of the residence permit in case of family reunification within three months after the granting of the refugee status in the Republic of Lithuania, shall be exempted from the conditions set in subparagraphs 2 to 5 of paragraph 1 of this Article. 4. (Repealed). 5. The provisions of paragraph 1 of this Article, except for the obligation of an alien to be in possession of a valid travel document provided for in paragraph 1 of Article 6 of this Law, shall not apply in case of replacement of the permanent residence permit. 6. If, when issuing the residence permit for the first time, it is established that another Schengen State has entered an alert in the Central Schengen Information System for the purposes of refusing the alien entry in accordance with the provisions of the Schengen Convention, this Schengen State must be consulted by the Migration Department and its interests must be taken into account. The residence permit may only be issued for humanitarian reasons or due to international obligations. 7. The Migration Department shall consult other Schengen States about issuing the residence permit to an alien for whom an alert has been issued for the purposes of refusing entry by the Republic of Lithuania. If, after consultations with the Republic of Lithuania, another Schengen State issues the alien a residence permit or if he is already in possession of a valid residence permit issued by one of the Contracting States, the alert entered in the Central Schengen Information System for the purposes of refusing entry shall be withdrawn, however the data about such an alien must be transferred into the national list of aliens prohibited from entering the Republic of Lithuania. Article 27. Alien’s Adequate Means of Subsistence for Being Issued a Residence Permit The means of subsistence that may be considered adequate for an alien applying for a residence permit in the Republic of Lithuania shall be established by the Minister of Social Security and Labour. Article 28. Issue of a Residence Permit 1. When issuing an alien a residence permit for the first time, the alien shall usually be issued a temporary residence permit, except for the cases established by this Law. 2. An alien who applies for the issue of a residence permit for the first time must lodge an application for the issue of a residence permit with a diplomatic mission or consular post of the Republic of Lithuania abroad. 3. An alien who is lawfully staying in the territory of the Republic of Lithuania may lodge an application to issue a residence permit, including one lodged for the first time, with the institution authorised by the Minister of the Interior, however the lodging of such an application shall not entitle the alien to stay in the territory of the Republic of Lithuania before the alien’s application has been examined and a decision on the issue has been made. Article 29. Replacement of a Residence Permit 1. A residence permit issued to an alien shall be replaced on the grounds specified by this Law. 2. An alien must lodge an application for the replacement of a residence permit with the institution authorised by the Minister of the Interior. Article 30. Repealed as of 16 December 2006. Article 31. Issue of a Residence Permit to the Alien’s Child Born in the Republic of Lithuania 1. An alien who holds a residence permit to whom a child is born during the period of his residence in the Republic of Lithuania must, within three months from the date of the birth of the child, apply to the institution authorised by the Minister of the Interior for the issue of a residence permit to a child. 2. A child born during the period of the alien’s residence in the Republic of Lithuania shall be issued the same type of a residence permit as the one held by both or one of its parents.  The permit shall be valid for the period of validity of the permit of one of the child’s parents. Article 32. Unaccompanied Minor Aliens 1. Unaccompanied minor aliens, regardless of the lawfulness of their stay in the territory of the Republic of Lithuania, must be taken into temporary guardianship/custody for the period of the child’s stay in the Republic of Lithuania. The temporary guardian/custodian of an unaccompanied minor alien shall represent the interests of the unaccompanied minor alien. 2. Unaccompanied minor aliens, regardless of the lawfulness of their stay in the territory of the Republic of Lithuania, shall have the following rights: 1) to be provided with free accommodation and be supported in the manner established by the Minister of Social Security and Labour of the Republic of Lithuania; 2) to study at general education and vocational schools in accordance with the procedure laid down by the Minister of Education and Science; 3) to be provided with free basic medical aid in the manner prescribed by the Minister of Health; 4) to be provided with free social services in the manner prescribed by the Minister of Social Security and Labour; 5) to receive State-guaranteed legal aid unless the laws of the Republic of Lithuania provide otherwise; 6) to contact the representatives of non-governmental or international organisations of the Republic of Lithuania. 3. Having received information about an unaccompanied minor alien, the Migration Department must, together with the organisations indicated in subparagraph 6 of paragraph 2 of this Article and the temporary guardian/custodian of the minor alien, immediately organise search for the minor’s family members. 4. The issue of the legal status of the unaccompanied minor alien in the Republic of Lithuania shall be addressed when conducting the search for his family members. Article 33. Time Limits for the Examination of an Application for the Issue or Replacement of a Residence Permit 1. An alien’s application for the issue or replacement of a residence permit must be examined: 1) regarding the issue of a temporary residence permit, when the alien holds a long-term residence permit issued by an EU Member State – not later than within four months from the day of lodging an application with the relevant institution; 2) regarding the issue of a temporary residence permit, except for the case specified in subparagraph 1 of paragraph 1 of this Article - not later than within six months from the day of lodging an application with the relevant institution; 3) regarding the issue of a permanent residence permit – not later than within six months from the day of lodging an application with the relevant institution; 4) regarding the replacement of a temporary residence permit – not later than within two months from the day of lodging an application with the relevant institution; 2. The terms of examination of the applications specified in subparagraphs 1 to 3 of paragraph 1 of this Article may be extended for a period not longer than three months if this is necessary due to the complexity of the examination of the application. 3. The alien’s permanent residence permit shall be replaced not later than within one month from the day of lodging an application with the relevant institution. Article 34. Validity of the Decision to Issue or Replace an Alien’s Residence Permit 1. The decision to issue or replace a temporary residence permit to an alien shall be valid for three months from the date of making the decision, whereas the decision to issue a permanent residence permit to an alien – for six months from the date of making of the decision. 2. During the period of validity of the decision to issue or replace an alien’s residence permit the alien may apply for the execution of the residence permit. 3.  In case of an illness or other serious reasons beyond the alien’s control, about the presence of which the alien must give written notification to an institution authorised by the Minister of the Interior, the period of validity of the decision referred to in paragraph 1 of this Article may be extended, but for not longer than up to three months. Article 35. Grounds for Refusing to Issue or Replace an Alien’s Residence Permit 1. The alien shall be refused the issue or replacement of a residence permit if: 1) his residence in the Republic of Lithuania may constitute a threat to national security, public policy or public health; 2) the data which he submitted in order to receive a residence permit are implausible or the submitted documents have been unlawfully obtained or forged or there are serious grounds to believe that a marriage of convenience, a registered partnership of convenience or a fake adoption have been concluded; 3) an alert has been issued for him in the Central Schengen Information System by another Schengen State for the purposes of refusing entry and there are no grounds for issuing a residence permit due to humanitarian reasons or international obligations or he has been entered in the national list of aliens prohibited from entering the Republic of Lithuania; 4) (Repealed as of 23 February 2008); 5) he does not possess adequate means of subsistence and/or does not receive regular income to stay in the Republic of Lithuania. In the case provided for in subparagraph 1 of paragraph 1 of Article 46 of this Law, it shall also be refused to issue or replace the alien’s residence permit if the alien does not possess adequate means to cover the costs of studies and return to his country; 6) he does not own residential premises in the Republic of Lithuania or he does not use the residential premises under the lease or loan for use contract or does not present an undertaking of a natural or legal person, confirmed in accordance with the procedure established by law, to provide him with accommodation for the period of validity of the residence permit; 7) he does not have a valid document evidencing health insurance coverage when, in the cases established by the laws of the Republic of Lithuania, he is not covered by compulsory health insurance, or, in the cases and in accordance with the procedure established by the Government of the Republic of Lithuania, he has no confirmed commitment of a citizen of the Republic of Lithuania or an alien residing in the Republic of Lithuania to cover the costs of the health care services provided to him during the period of his residence in the Republic of Lithuania; 8) there are serious grounds to believe that he has committed a crime against humanity or a war crime or committed genocide within the meaning defined in the laws of the Republic of Lithuania, international treaties or other sources of international law; 9) he has, within an established time period, repeatedly failed to meet the obligations specified in paragraph 1 of Article 36 of this Law; 10) the alien and his family member who has come to reside in the Republic of Lithuania for family reunification no longer live maintaining a real marital or family relationship. 2. An alien who has been refused the issue or replacement of a residence permit may lodge an application for the issue of a residence permit not earlier than after one year from the decision to refuse the issue or replacement of a residence permit and after the disappearance of the reasons for which the issue or replacement of the residence permit was refused. 3. (Repealed). 4. The provisions of paragraphs 1 and 2 of this Article shall not apply in the case of replacement of a permanent residence permit. Article 36. Data Notification 1. An alien who holds a residence permit must, not later than within seven days, notify an institution authorised by the Minister of the Interior in the event of a change of: 1) documents confirming the alien’s identity or citizenship; 2) the alien’s marital status; 3) the alien’s place of residence. 2. The state institution or agency or the employer must notify the institution authorised by the Minister of the Interior about an alien: 1) the employer – about termination of a contract of employment with the alien in possession of a temporary residence permit; 2) the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania – about the alien in possession of a temporary residence permit who has terminated economic and commercial activities or any other declared activity in the Republic of Lithuania; 3) the education establishment – about expulsion of the alien in possession of a temporary residence permit or his discontinuation of studies at the education establishment; 4) the police or any other law enforcement institution – about the alien who has been detained for a period of up to 48 hours or has been imposed a penalty for an administrative offence; 5) the court – about the alien who has been detained or convicted of a committed criminal act or has been imposed a penalty for an administrative offence; 6) the Prison Department under the Ministry of Justice of the Republic of Lithuania – about the alien detained for the pre-trial investigation period or serving a sentence imposed by the court. Article 37. Alien’s Passport A foreign citizen, who is entitled to temporary or permanent residence in the Republic of Lithuania but does not possess a valid passport of a foreign citizen or an equivalent travel document or it has been lost or destroyed and the foreign citizen cannot receive it from the competent institutions of his country of origin for objective reasons, may be issued an alien’s passport in accordance with the procedure established by the Minister of the Interior. Article 38. Travel Document of a Stateless Person A stateless person who is entitled to temporary or permanent residence in the Republic of Lithuania but does not possess a travel document valid in a foreign country may be issued a travel document of a stateless person provided for in the 1954 Convention relating to the Status of Stateless Persons in accordance with the procedure established by the Minister of the Interior. Article 39. Unlawful Residence in the Republic of Lithuania An alien’s residence in the Republic of Lithuania shall be considered unlawful if the alien: 1) resides in the Republic of Lithuania without a residence permit, except in the cases where the alien has been granted temporary territorial asylum in accordance with the procedure laid down in this Law; 2) resides in the Republic of Lithuania holding an invalid residence permit; 3) resides in the Republic of Lithuania holding a withdrawn residence permit; 4) holds a forged residence permit; 5) holds a forged travel document. SECTION THREE TEMPORARY RESIDENCE OF ALIENS IN THE REPUBLIC OF LITHUANIA Article 40. Grounds for the Issue or Replacement of a Temporary Residence Permit 1. A temporary residence permit may be issued or replaced to an alien if: 1) the alien has retained the right to citizenship of the Republic of Lithuania in accordance with the procedure laid down by the Law on Citizenship; 2) the alien is a person of Lithuanian descent; 3) it is a case of family reunification; 4) the alien intends to work in the Republic of Lithuania; 5) the alien intends to engage in lawful activities in the Republic of Lithuania; 6) the alien intends to acquire education, study at an education establishment, take part in an internship programme, improve qualification or take part in vocational training; 7) the alien has been put under guardianship/custody or has been appointed guardian/custodian; 8) the alien may not be expelled from the Republic of Lithuania in accordance with the procedure established by this Law or his expulsion from the Republic of Lithuania has been postponed in accordance with the procedure laid down in Article 132 of this Law; 9) the alien has been granted subsidiary protection in the Republic of Lithuania in accordance with the procedure prescribed by this Law; 10) the alien has been granted temporary protection in the Republic of Lithuania in  accordance with the procedure prescribed by this Law; 11) the alien is unable to depart due to a dangerous health condition and requires urgent basic medical aid. The list of such health conditions shall be established by the Minister of Health; 12) the alien is allowed to remain residing in the Republic of Lithuania as he is or has been a victim of human trafficking and cooperates with the pre-trial investigation body or with the court in the fight against trafficking in human beings or in combating the offences linked to trafficking in human beings. This provision shall only apply to adult aliens; 13) the alien intends to carry out scientific research and/or experimental development works as a researcher under an employment contract concluded with a research agency registered in the Republic of Lithuania. 2. A temporary residence permit may also be replaced at the alien’s request if: 1) the alien has changed his personal data; 2) the temporary residence permit has become unfit for use; 3) the temporary residence permit has expired; 4) the temporary residence permit contains inaccurate entries; 5) the temporary residence permit has been lost. 3. An alien who, on the grounds specified in paragraph 1 of this Article, is issued a temporary residence permit or has his temporary residence permit replaced, must meet the conditions set in paragraph 1 of Article 26 of this Law. 4. A temporary residence permit shall be executed after the alien produces a valid travel document, the validity of which must exceed the period of validity of the temporary residence permit applied for by three months. 5. An alien in possession of a temporary residence permit must, following the change of the circumstances due to which the permit was issued, obtain a new temporary residence permit. 6. Family members entering the Republic of Lithuania for residence together with the alien who has been issued a temporary residence permit on the grounds specified in subparagraphs 1 to 5, 9, 10 and 13 of paragraph 1 of this Article may be issued a temporary residence permit for the same period as this alien. Article 41. Issue of a Temporary Residence Permit to an Alien Who Has Retained the Right to Citizenship of the Republic of Lithuania 1. An alien who has retained the right to citizenship of the Republic of Lithuania may be issued a temporary residence permit provided that he produces documents confirming retention of the right to citizenship of the Republic of Lithuania. 2. An alien who has retained the right to citizenship of the Republic of Lithuania shall be issued a temporary residence permit for five years. Article 42. Issue of a Temporary Residence Permit to an Alien of Lithuanian Descent 1. An alien of Lithuanian descent may be issued a temporary residence permit if he produces a document confirming his Lithuanian descent. 2. A temporary residence permit shall be issued to an alien of Lithuanian descent for a period of five years. Article 43. Issue of a Temporary Residence Permit to an Alien in the Event of Family Reunification 1. A temporary residence permit may be issued to an alien in the event of family reunification if: 1) the alien’s parents or …