7)acquired refugee status in the Republic of Lithuania by fraud, except where the information he submitted about himself did not have a decisive effect on the decision to grant him refugee status in the Republic of Lithuania;
\n
8)residing in the Republic of Lithuania may constitute a threat to national security or public policy or he has been recognised by an effective court judgement guilty of commission of a serious or a grave crime;
\n
9)has been granted refugee status in the Republic of Lithuania although the status should not have been granted or, upon granting him the refugee status, the circumstances specified in Article 88 of this Law transpired.
\n
2.Subsidiary protection granted to an alien shall be withdrawn if the alien:
\n
1)may return to his country of origin because the circumstances in connection with which he has been granted subsidiary protection in the Republic of Lithuania have ceased to exist;
\n
2)departs for residence in a foreign country;
\n
3)obtained subsidiary protection in the Republic of Lithuania by means of fraud, except where the information he submitted about himself did not have a decisive effect on making the decision to grant him asylum;
\n
4)the alien’s stay in the Republic of Lithuania constitutes a threat to national security or public policy or he has been recognised by an effective court sentence guilty of commission of a serious or a grave crime;
\n
5)obtained subsidiary protection although it should not have been granted or, upon granting him subsidiary protection, the circumstances specified in Article 88 of this Law transpired.
\n
3.The decision to withdraw refugee status or subsidiary protection in the Republic of Lithuania shall be made by the Migration Department, except on the grounds provided for in subparagraphs 5 and 6 of Article 88, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90 of this Law. The decision on these grounds shall be made by Vilnius Regional Administrative Court.
\n
4.If refugee status or subsidiary protection in the Republic of Lithuania is withdrawn for an alien, he shall also be entitled to make use of State-guaranteed legal aid unless the laws of the Republic of Lithuania provide otherwise.
\n
Article 91Cooperation with International Organisations
\n
1.When addressing the problems of asylum applicants and aliens granted asylum, state institutions and agencies of the Republic of Lithuania shall cooperate with the Office of the UNHCR, provide conditions for the Office to fulfil the duties of supervising the application in the Republic of Lithuania of the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, furnish it with the necessary information and statistical data on asylum applicants and aliens who have been granted asylum, on the implementation of the Convention and the Protocol and the regulations on asylum which are effective or about to come into effect.
\n
2.Representatives of the Office of the UNHCR shall be allowed to immediately contact the asylum applicants. The Office of the UNHCR shall be entitled to receive information connected with asylum applications.
\n
3.Representatives of the Office of the UNHCR must be granted access to places of detention and transit zones of airports and sea ports where asylum applicants are kept.
\n
4.In the course of examination of an asylum application, representatives of the Office of the UNHCR may submit their opinions on certain asylum applications to the competent institutions and agencies as well as courts of the Republic of Lithuania.
\n
SECTION FOUR GRANTING TEMPORARY PROTECTION IN THE REPUBLIC OF LITHUANIA
\n
Article 92Taking a Decision on the Giving of Temporary Protection to Aliens in the Republic of Lithuania
\n
1.Where the EU Council takes a decision that there is a mass influx of aliens into the European Union, the Government of the Republic of Lithuania, on the recommendation of the Minister of the Interior, shall take a decision on granting of temporary protection to aliens.
\n
2.If the Government of the Republic of Lithuania takes a decision on granting temporary protection, aliens shall be allowed to enter the territory of the Republic of Lithuania and shall be provided with accommodation within an area designated by the Government of the Republic of Lithuania, without restricting their freedom of movement.
\n
3.Temporary protection shall be granted for a period of one year. The period of temporary protection may be extended but for no longer than one year.
\n
4.Where an alien is entitled to be granted temporary protection in the Republic of Lithuania, but there are serious grounds to believe that there are reasons for refusing temporary protection, the Migration Department shall conduct an investigation in connection with the determination of these reasons.
\n
Article 93Reasons for Refusing Temporary Protection in the Republic of Lithuania
\n
1.An alien shall be refused temporary protection in the Republic of Lithuania if:
\n
1)there are serious grounds to believe that the alien has committed a crime against peace, a crime against humanity or a war crime, or committed genocide, within the meaning defined in the legal acts of the Republic of Lithuania, international treaties and other sources of international law;
\n
2)there are serious grounds to believe that the alien has committed a serious non-political crime outside the Republic of Lithuania prior to his admission into the Republic of Lithuania as a person enjoying temporary protection;
\n
3)there are serious grounds to believe that the alien has been accused of acts contrary to the purposes and principles of the United Nations;
\n
4)the alien’s presence in the Republic of Lithuania constitutes a threat to national security or public policy;
\n
5)the alien has been convicted of a serious or a grave crime.
\n
2.The decision to refuse an alien temporary protection in the Republic of Lithuania shall be made by the Migration Department. Such an alien shall be refused entry into the Republic of Lithuania or, in case he already is in the territory of the Republic of Lithuania, shall be expelled from the Republic of Lithuania.
\n
Article 94Rights and Duties of Aliens Granted Temporary Protection in the Republic of Lithuania
\n
1.Aliens who have been granted temporary protection in the Republic of Lithuania shall have the following rights during the temporary protection period:
\n
1)to lodge asylum applications in the Republic of Lithuania in the manner prescribed by this Law;
\n
2)to have access to free accommodation in the place designated by the Government of the Republic of Lithuania;
\n
3)to be provided with all the necessary information regarding their legal status in the Republic of Lithuania in their native language or in a language which they understand;
\n
4)to work in the Republic of Lithuania during the period of temporary protection;
\n
5)to receive an allowance if they have no other income in the Republic of Lithuania;
\n
6)to receive basic medical aid and social services;
\n
7)other rights guaranteed by the international treaties, laws and other legal acts of the Republic of Lithuania.
\n
2.Minor aliens who have been granted temporary protection in the Republic of Lithuania shall be entitled to study at general education and vocational schools in accordance with the procedure laid down by the Minister of Education and Science.
\n
3.The right referred to in subparagraph 1 of paragraph 1 of this Article may also be implemented after the end of the period of temporary protection.
\n
4.Family members of an alien who has been granted temporary protection in the Republic of Lithuania shall be entitled to temporary protection in the Republic of Lithuania. This right shall be implemented only if it is established that the family members were separated because of the events due to which the alien was granted temporary protection in the Republic of Lithuania.
\n
5.Having been granted temporary protection in the Republic of Lithuania, aliens shall have the following duties:
\n
1)to observe the Constitution, laws and other legal acts of the Republic of Lithuania;
\n
2)to allow the performance of health screening;
\n
3)to provide all the available documents and information corresponding to reality pertaining to the alien’s person;
\n
4)to declare to the Foreigners’ Registration Centre, Refugee Reception Centre or territorial police agency in writing in free format the resources and assets held in the Republic of Lithuania within three days from the granting of temporary territorial asylum and the funds received pending the examination of the asylum application in the Republic of Lithuania within one day from the receipt thereof.
\n
6.State funds of the Republic of Lithuania shall be allocated for the implementation of the rights of the asylum applicants laid down in paragraphs 1 and 2 of this Article; resources from international organisations, EU structural funds as well as resources from humanitarian aid funds established by natural and legal persons of the Republic of Lithuania and non-governmental organisations may also be used to the extent the asylum applicant is unable to guarantee them by the resources and assets subject to declaration.
\n
7.If it transpires that the asylum applicant had sufficient resources for the implementation of the rights established in paragraphs 1 and 2 of this Article at the time when his basic needs were covered for him, he must refund the expenses incurred by the State.
\n
Article 95Issue of Personal Documents to Aliens Who Have Been Granted Temporary Protection in the Republic of Lithuania
\n
1.Aliens who have been granted temporary protection in the Republic of Lithuania shall be issued temporary residence permits by the Migration Department which shall be valid for the period of duration of temporary protection.
\n
2.Aliens who have been granted temporary protection but are still in the territory of a foreign country shall be issued travel documents by the Migration Department to enable them to enter the Republic of Lithuania.
\n
Article 96Withdrawal of Temporary Protection in the Republic of Lithuania
\n
1.Temporary protection granted to an alien in the Republic of Lithuania shall be withdrawn if:
\n
1)the alien may return to his country of origin;
\n
2)the alien departs for residence in a foreign country;
\n
3)the reasons specified in paragraph 1 of Article 93 of this Law transpire.
\n
2.The decision to withdraw temporary protection in the Republic of Lithuania shall be made by the Migration Department.
\n
CHAPTER V
\n
LEGAL STATUS OF CITIZENS OF EU MEMBER STATES IN THE REPUBLIC OF LITHUANIA
\n
Article 97Entry into the Republic of Lithuania
\n
1.An alien who is a citizen of one of the Member States of the EU may enter the Republic of Lithuania and stay therein for a period not exceeding three months starting from the first day of entry into the Republic of Lithuania.
\n
2.Family members of the citizen of an EU Member State may enter the Republic of Lithuania together with the citizen of the EU Member State or arrive to him and stay in the Republic of Lithuania for a period specified in paragraph 1 of this Article.
\n
Article 98Grounds for Refusing a Citizen of an EU Member State Entry into the Republic of Lithuania
\n
A citizen of an EU Member State shall be refused entry into the Republic of Lithuania if:
\n
1)he is not in possession of a valid travel document unless otherwise established by the international treaty of the Republic of Lithuania, legal act of the European Union or the Government of the Republic of Lithuania;
\n
2)his stay in the Republic of Lithuania would constitute a threat to national security, public policy or public health.
\n
Article 99Residence in the Republic of Lithuania
\n
1.A citizen of an EU Member State who has entered the Republic of Lithuania for residence for a time period in excess of three months within half a year and who meets at least one of the grounds specified in paragraph 1 of Article 101 of this Law shall be issued a certificate, of the form established by the Minister of the Interior, confirming his right of residence in the Republic of Lithuania.
\n
2.Family members of the citizen of an EU Member State who are not citizens of an EU Member State, upon arriving in the Republic of Lithuania for residence for a time period in excess of three months within half a year, together with the citizen of the EU Member State or coming to stay with him, must obtain an EU residence permit.
\n
3.The procedure regulating the issue of a certificate to the citizen of an EU Member State confirming his right of residence in the Republic of Lithuania and the issue of an EU residence permit, extension and withdrawal of the EU residence permit to the family members of the citizen of the EU Member State shall be established by Minister of the Interior.
\n
4.Decisions on the issue of a certificate to the citizen of an EU Member State confirming his right of residence in the Republic of Lithuania, the issue, extension and withdrawal of EU residence permits shall be made, the certificate confirming the right of residence in the Republic of Lithuania shall be issued to the citizen of the EU Member State, the EU residence permits shall be issued, extended and withdrawn by the institution authorised by the Minister of the Interior.
\n
Article 100Time Limits for Examining an Application for the Issue or Extension of the EU Residence Permit
\n
An application for the issue or extension of the EU residence permit must be examined within one month from the date of filing of the application with the relevant institution.
\n
Article 101Grounds for the Right of the Citizen of an EU Member State and His Family Member to Reside in the Republic of Lithuania
\n
1.A citizen of a Member State of the European Union shall have the right of residence in the Republic of Lithuania if he:
\n
1)is an employee or a self-employed person;
\n
2)is in possession of adequate means of subsistence for himself and for his family members, where the family members arrive together with him or join him, for residence in the Republic of Lithuania and has a valid document evidencing health insurance coverage;
\n
3)is a student, pupil, intern, participant in in-service training or vocational training courses, is in possession of adequate means of subsistence for himself and for his family members, where the family members arrive together with him or join him, for residence in the Republic of Lithuania and has a valid document evidencing health insurance coverage;
\n
4)is a family member of the citizen of the EU Member State who arrives together with him or joins him.
\n
2.Family members of a citizen of the Republic of Lithuania who are not citizens of an EU Member State shall be entitled to be issued an EU residence permit when they enter the Republic of Lithuania to reside accompanying the citizen of the Republic of Lithuania, exercising the right to freedom of movement in the EU, or arrive to join him from the territory of another EU Member State.
\n
3.Family members of a citizen of an EU Member State who are not citizens of an EU Member State shall be entitled to be issued an EU residence permit when they enter the Republic of Lithuania for residence for a time period in excess of three months within half a year accompanying the citizen of the EU Member State entitled to reside in the Republic of Lithuania under subparagraphs 1-3 of paragraph 1 of this Article or arrive to join him.
\n
4.In the case specified in subparagraph 3 of paragraph 1 of this Article, only the spouse, the person with whom registered partnership has been contracted, the dependent children and the dependent relatives in the direct ascending line of the citizen of the EU Member State, his spouse or the person with whom (registered) partnership has been contracted shall be entitled to reside as family members of the citizen of the EU Member State who are not citizens of the EU Member State.
\n
Article 101(1). Retention of the Right of Residence in the Republic of Lithuania by Family Members of Citizens of the EU Member States 1. The right of residence in the Republic of Lithuania shall be retained by the family members of the citizen of the EU Member State in the following cases:
\n
1)upon the death or departure from the Republic of Lithuania of the citizen of the EU Member State, when the family members have the citizenship of the EU Member State and meet the grounds specified in paragraph 1 of Article 101 of this Law;
\n
2)upon the death of the citizen of the EU Member State, when the family members are not citizens of the EU Member State, if they resided in the Republic of Lithuania as family members for at least one year before the death of the citizen of the EU Member State;
\n
3)upon the annulment of the marriage, divorce or dissolution of a registered partnership, when the family member has the citizenship of the EU Member State and meets the grounds specified in paragraph 1 of Article 101 of this Law;
\n
4)upon the annulment of the marriage, divorce or dissolution of a registered partnership, when the family member is not a citizen of the EU Member State, if the marriage or registered partnership lasted for at least three years, one year from that period in the Republic of Lithuania, or if the children of the citizen of the EU Member State have been placed under guardianship/custody of the family member, or if the divorce occurred due to the fault of the other spouse (the citizen of the EU Member State);
\n
5)upon the death or departure from the Republic of Lithuania of the citizen of the EU Member State- by his children, regardless of their citizenship, and by one of the parents under whose guardianship the children have been placed until the end of the relevant formal education programme started by the children.
\n
2.When applying for the right of permanent residence in the Republic of Lithuania, the family members specified in subparagraphs 2 and 4 of paragraph 1 of this Article must submit documents confirming the presence of the grounds specified in subparagraphs 1 and 2 of paragraph 1 of Article 101 of this Law.
\n
Article 102Validity of the EU Residence Permit
\n
An EU residence permit shall be issued and extended for a period of five years or for the intended period of residence in the Republic of Lithuania of the citizen of the EU Member State, where such period is shorter than five years.
\n
Article 103Exempting from the Obligation to Obtain a Work Permit
\n
Citizens of an EU Member State and their family members intending to work in the Republic of Lithuania shall not be required to obtain a work permit.
\n
Article 104Grounds for Permanent Residence in the Republic of Lithuania
\n
1.The citizen of an EU Member State who has been lawfully residing in the Republic of Lithuania for the last five years or who has retained the right to citizenship of the Republic of Lithuania in accordance with the procedure established by the Law on Citizenship or who is a person of Lithuanian descent or entered the Republic of Lithuania for residence together with a citizen of the Republic of Lithuania as his family member shall acquire the right of permanent residence in the Republic of Lithuania.
\n
2.The family members of the citizen of the EU Member State specified in paragraph 1 of this Article shall also acquire the right of permanent residence in the Republic of Lithuania if they have been lawfully residing in it with a citizen of the EU Member State for the last five years or if they have retained the right to residence in the Republic of Lithuania under paragraph 1 of Article 101(1) of this Article or if they are family members of the citizen of the EU Member State who has retained the right to citizenship of the Republic of Lithuania in accordance with the procedure established by the Law on Citizenship or are family members of the person of Lithuanian descent.
\n
3.The Minister of the Interior shall establish exceptional cases when the right of permanent residence in the Republic of Lithuania is granted to a citizen of an EU Member State and his family members who have been lawfully residing in the Republic of Lithuania for less than five years.
\n
4.The citizen of an EU Member State shall be issued a certificate of the form established by the Minister of the Interior confirming his right of permanent residence in the Republic of Lithuania.
\n
5.A family member of the citizen of an EU Member State who is not a citizen of the EU Member State shall be issued an EU residence permit to certify his right of permanent residence in the Republic of Lithuania, which shall be executed for a period of 10 years and shall be extended after the expiry of that period.
\n
6.Absence from the Republic of Lithuania for more than six months within a year may constitute grounds for refusing the right of permanent residence in the Republic of Lithuania, except in cases where absence from the Republic of Lithuania is linked with serious reasons (due to pregnancy, childbirth, acute illness, studies, professional training or assignment to a third country or in other cases established under paragraph 8 of this Article).
\n
7.The acquired right of permanent residence in the Republic of Lithuania shall be lost upon departure from the Republic of Lithuania for a period exceeding two consecutive years.
\n
8.The procedure regulating the issue of a certificate to the citizen of an EU Member State confirming his right of permanent residence in the Republic of Lithuania and the issue, extension and withdrawal of an EU residence permit to the family members of the citizen of the EU who are not citizens of the EU Member State shall be established by the Minister of the Interior.
\n
Article 105Repealed on 16 December 2006
\n
Article 106Withdrawal of the Right of Residence in the Republic of Lithuania
\n
1.The right of residence in the Republic of Lithuania of the citizen of an EU Member State and/or his family members may be withdrawn if the presence of this citizen and/or his family members in the Republic of Lithuania would constitute a threat to national security or public policy. The right of residence in the Republic of Lithuania of a minor citizen of an EU Member State, where it is in his best interests, or a citizen of an EU Member State who has uninterruptedly resided in the Republic of Lithuania for the last 10 years may be withdrawn only in the event of a threat to national security.
\n
2.If the right of residence in the Republic of Lithuania is withdrawn from a citizen of an EU Member State, the right of residence of his family members shall also be withdrawn, except in cases where they are entitled to reside in the Republic of Lithuania on other grounds established by this Law.
\n
3.The decision to withdraw the right of residence in the Republic of Lithuania on the grounds provided for in paragraph 1 of this Article shall be made by Vilnius Regional Administrative Court.
\n
4.Upon withdrawal of the right of residence in the Republic of Lithuania, the citizen of an EU Member State and/or his family members must depart from the Republic of Lithuania or shall be expelled in accordance with the procedure established by this Law and other legal acts.
\n
CHAPTER VI
\n
INTEGRATION AND NATURALISATION OF ALIENS
\n
Article 107Integration of Aliens
\n
1.The Republic of Lithuania shall provide conditions for aliens holding a residence permit to integrate into political, social, economic and cultural life of the State in accordance with the procedure established by laws.
\n
2.State funds of the Republic of Lithuania shall be allocated for the implementation of the provisions of Lithuania’s national policy in the sphere of alien integration; resources from international organisations, EU structural funds as well as resources from humanitarian aid funds established by natural and legal persons of the Republic of Lithuania and non-governmental organisations may also be used.
\n
Article 108Lithuanian State Support for Integration of Aliens
\n
1.Aliens who have been granted asylum in the Republic of Lithuania shall be provided with Lithuanian State support for integration according to the procedure established by the Minister of Social Security and Labour.
\n
2.Aliens who wish to be provided with Lithuanian State support for integration must submit their income and property declaration.
\n
Article 109Organising Integration of Aliens
\n
1.The implementation of the integration of aliens shall be coordinated by an institution authorised by the Government of the Republic of Lithuania in the manner prescribed by the Government of the Republic of Lithuania.
\n
2.The provision of Lithuanian State support for the integration of aliens who have been granted asylum in the Republic of Lithuania shall be coordinated and supervised by the Ministry of Social Security and Labour.
\n
3.An institution or agency authorised by the Ministry of Social Security and Labour together with municipalities and non-governmental organisations shall organise and implement the provision of Lithuanian State support for the integration of aliens.
\n
4.Municipalities and other legal persons who have concluded contracts with the institution authorised by the Minister of Social Security and Labour shall be responsible for the administration of Lithuanian State support provided for the integration of aliens who have been granted asylum in the Republic of Lithuania.
\n
Article 110Areas of Lithuanian State Support for the Integration of Aliens Who Have Been Granted Asylum in the Republic of Lithuania
\n
Areas of Lithuanian State support for the integration of aliens who have been granted asylum in the Republic of Lithuania, established by the laws and other legal acts:
\n
1)state language teaching;
\n
2)education;
\n
3)employment;
\n
4)provision of accommodation;
\n
5)social protection;
\n
6)health care;
\n
7)provision of information to the public about the integration of aliens.
\n
Article 111Naturalisation of Aliens
\n
An alien shall have the right to the citizenship of the Republic of Lithuania as established by the Republic of Lithuania Law on Citizenship.
\n
CHAPTER VII
\n
FREEDOM OF MOVEMENT OF ALIENS IN THE REPUBLIC OF LITHUANIA
\n
Article 112Restriction of the Alien’s Freedom of Movement in the Republic of Lithuania
\n
The alien’s freedom of movement in the Republic of Lithuania may be restricted where it is necessary to ensure national security and public policy, to protect public health or morals, to prevent crime or to safeguard the rights and freedoms of other persons.
\n
Article 113Grounds for Detention of an Alien
\n
An alien may be detained on the following grounds:
\n
1)in order to prevent the alien from entering the Republic of Lithuania without a permit;
\n
2)if the alien has unlawfully entered or stays in the Republic of Lithuania, except when he has lodged an application for asylum in the Republic of Lithuania;
\n
3)when it is attempted to return the alien who has been refused entry into the Republic of Lithuania to the country from which he arrived;
\n
4)when the alien is suspected of using forged documents;
\n
5)when a decision is made to expel the alien from the Republic of Lithuania or another state to which the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals applies;
\n
6)in order to prevent the spread of dangerous and particularly dangerous contagious diseases;
\n
7)when the alien’s stay in the Republic of Lithuania constitutes a threat to national security, public policy or public health.
\n
Article 114Detention of an Alien
\n
1.An alien may be detained by the police or any other law enforcement institution officer for a period not exceeding 48 hours.
\n
2.An alien shall be detained at the Foreigners’ Registration Centre for a period exceeding 48 hours by decision of the court.
\n
3.An alien under the age of 18 may be detained only in an extreme case, taking into consideration the alien’s best interests.
\n
Article 115Measures Alternative to Detention
\n
1.In view of the fact that the alien’s identity has been established, he constitutes no threat to national security and public policy, provides assistance to the court in determining his legal status in the Republic of Lithuania as well as other circumstances, the court may take a decision not to detain the alien and to impose a measure alternative to detention.
\n
2.Measures alternative to detention shall be as follows:
\n
1)the alien is required to regularly at the fixed time appear at the appropriate territorial police agency;
\n
2)the alien is required to, by means of communication, at the fixed time inform the appropriate territorial police agency about his whereabouts;
\n
3)entrusting the guardianship of an unaccompanied minor alien to a relevant social agency;
\n
4)entrusting the guardianship of an alien, pending the resolution of the issue of his detention, to a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania who is related to the alien, provided that the person undertakes to take care of and support the alien;
\n
5)accommodating the alien at the Foreigners’ Registration Centre without restricting his freedom of movement.
\n
3.If measures alternative to detention specified in paragraph 2 of this Article, imposed by decision of the court, are not implemented, the territorial police agency shall apply to the court for detention of the alien.
\n
4.When taking a decision to impose a measure alternative to detention, the time limits for its application must be set.
\n
5.The measure alternative to detention specified in subparagraph 5 of paragraph 2 of this Article may be imposed only against asylum applicants.
\n
Article 116Applying to the Court with a Motion to Detain an Alien or to Impose a Measure Alternative to Detention
\n
1.If there are grounds for detaining an alien established by this Law, an officer of the police or any other law enforcement institution shall apply to the district court of the location of the alien’s stay in the territory of the Republic of Lithuania with a motion to detain the alien for a period exceeding 48 hours or to impose against the alien a measure alternative to detention within 48 hours from the moment of detention of the alien. The alien’s presence at the court hearing is mandatory. During the court hearing of the motion for detention of the alien or for imposing against him a measure alternative to detention the alien shall be entitled to State-guaranteed legal aid.
\n
2.The court shall hear the motion specified in paragraph 1 of this Article in accordance with the procedure prescribed by the Law on Administrative Proceedings and this Law.
\n
3.The court’s decision to detain the alien or to impose against him a measure alternative to detention must be forthwith announced to the alien in a language which he understands, indicating the reasons for his detention or imposing measures alternative to detention. The court’s decision to detain the alien or to impose against him a measure alternative to detention shall become effective from the moment of its announcement.
\n
4.The court’s decision to detain the alien must state the grounds for detention, the time period of detention with the exact calendar date indicated and the place of detention.
\n
Article 117Appealing the Decision to Detain an Alien
\n
1.An alien shall be entitled to appeal to the Supreme Administrative Court of Lithuania, according to the procedure established by the Law on Administrative Proceedings, the decision of the court to detain him or to extend the detention period or to impose measures alternative to detention. The appeal may be submitted through the Foreigners’ Registration Centre. The Foreigners’ Registration Centre shall forward the alien’s complaint to the Supreme Administrative Court of Lithuania.
\n
2.The Supreme Administrative Court of Lithuania shall consider the alien’s appeal according to the procedure established by the Law on Administrative Proceedings and pass a decision within 10 days from the date of acceptance of the appeal.
\n
Article 118Review of the Decision to Detain an Alien
\n
1.Upon the disappearance of the grounds for the alien’s detention, the alien shall be entitled to, whereas the institution which initiated the alien’s detention must immediately apply to the local court of the location of the alien’s residence with an application for review of the decision to detain the alien.
\n
2.Upon receipt of the application for review of the decision to detain the alien, submitted by the alien or the institution which initiated the alien’s detention, the court shall, within 10 days from the date of acceptance of the application, review the decision to detain the alien and shall pass one of the following decisions:
\n
1)to uphold the decision to detain the alien;
\n
2)to reverse the decision to detain the alien;
\n
3)to quash the decision to detain the alien;
\n
3.The decisions of the local court specified in paragraph 2 of this Article shall come into force on the day of their passing.
\n
4.The court’s decision may be appealed against according to the procedure set forth in paragraph 1 of Article 117 of this Law.
\n
Article 119End of Detention
\n
1.Upon the disappearance of the grounds for the alien’s detention, the alien shall be immediately released from detention based on the effective court’s decision.
\n
2.If the alien’s detention period expires, he must be immediately released from the place of detention.
\n
CHAPTER VIII
\n
ESTABLISHING THE IDENTITY OF A PERSON
\n
Article 120Establishing the Identity of a Detained Alien
\n
1.For the purposes of establishing the identity of a detained alien, an officer of the police or any other law enforcement institution shall have the right to temporarily seize the alien’s travel document, travel tickets, other documents (if the alien is in possession of any) until the identity of the alien and authenticity of his documents are established.
\n
2.When establishing the identity of an alien, an officer of the police or any other law enforcement institution shall have the right to carry out his personal search and inspect his personal belongings in accordance with the procedure established by the laws of the Republic of Lithuania.
\n
3.The data relating to the detained alien may be communicated to a foreign country with the purpose of establishing the person’s identity in compliance with the laws of the Republic of Lithuania and international legal acts.
\n
Article 121Photographing and Fingerprinting an Alien
\n
1.For the purpose of identification an alien shall be photographed and fingerprinted when he:
\n
1)lodges an application for asylum in the Republic of Lithuania;
\n
2)has been detained for unlawful entry into the Republic of Lithuania, stay, residence, transit through or departure from the Republic of Lithuania;
\n
3)is expelled from the Republic of Lithuania or returned to a foreign country.
\n
2.The aliens’ fingerprints shall be registered by an institution authorised by the Minister of the Interior. The fingerprints shall be processed in compliance with the requirements of the Republic of Lithuania Law on Legal Protection of Personal Data.
\n
Article 122DNA Testing
\n
1.If an alien applies for the issue of a residence permit, seeking to reside with the family or to be granted asylum, the Migration Department may oblige the alien and the person related to the alien by kinship to perform a DNA test to confirm kinship.
\n
2.The performance of a DNA test may be requested only in cases where the alien is not able to prove the kinship relationship otherwise.
\n
3.The expenses related to the performance of the DNA test shall be covered by the alien, except for asylum applicants, whose DNA testing expenses shall be covered by the Republic of Lithuania.
\n
Article 123Age Determination Test
\n
1.If there are reasonable grounds to doubt the alien’s age, the Migration Department may oblige the alien who is applying for the issue of a residence permit or granting of asylum to undergo an age determination test.
\n
2.The age determination test must be performed with the consent of the alien whose age is to be determined. Where the age of a minor alien is determined, the test shall be performed only with the consent of the alien’s parents, other legal representatives or temporary guardian (custodian).
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3.If an alien refuses to undergo an age determination test, he shall be considered as not meeting the conditions set in paragraph 1 of Article 26 of this Law.
\n
4.If an alien who applies for asylum in Republic of Lithuania refuses to undergo an age determination test for no justifiable reasons, other data that cannot be confirmed by written evidence shall be assessed in accordance with paragraph 2 of Article 83 of this Law.
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5.The expenses related to the performance of an age determination test shall be covered by the alien, except for asylum applicants whose test expenses shall be covered by the Republic of Lithuania.
\n
CHAPTER IX
\n
ALIENS’ DEPARTURE FROM THE REPUBLIC OF LITHUANIA
\n
Article 124Departure from the Republic of Lithuania
\n
1.An alien must depart from the Republic of Lithuania before the expiry of a visa or temporary residence permit.
\n
2.An alien must depart from the Republic of Lithuania before the end of his visa-free stay established for aliens in paragraphs 2, 4 and 5 of Article 11 of this Law, except in cases when he is issued a document confirming his right to stay or reside in the Republic of Lithuania.
\n
3.An alien shall be prohibited from departing from the Republic of Lithuania in cases prescribed by laws.
\n
Article 125Obligation to Depart from the Republic of Lithuania
\n
An alien shall be obligated to depart from the Republic of Lithuania if:
\n
1)the alien’s visa has been annulled;
\n
2)the alien’s temporary residence permit or permanent residence permit has been withdrawn;
\n
3)the alien stays in the Republic of Lithuania after the expiry of his visa;
\n
4)the alien stays in the Republic of Lithuania after the expiry of the temporary residence permit;
\n
5)the alien entered the Republic of Lithuania lawfully, but stays in the Republic of Lithuania without possessing a temporary or permanent residence permit, where he is obliged to possess one;
\n
6)the alien has been staying in the Republic of Lithuania for a period exceeding the period of visa-free stay set for aliens in paragraphs 2, 4 and 5 of Article 11 of this Law;
\n
7)the alien entered the Republic of Lithuania being in possession of a visa issued by another Schengen State, which does not entitle him to stay in the territory of the Republic of Lithuania.
\n
Article 126Grounds for Expulsion from the Republic of Lithuania
\n
1.An alien shall be expelled from the Republic of Lithuania if:
\n
1)the alien has failed to comply with the obligation to depart from the Republic of Lithuania within a set time period;
\n
2)the alien has entered or stays in the Republic of Lithuania unlawfully;
\n
3)the alien’s stay in the Republic of Lithuania constitutes a threat to national security or public policy;
\n
4)a decision has been made to expel the alien from another state to which the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals applies.
\n
2.The provisions of paragraph 1 of this Article shall not apply to aliens who may be returned to the country of origin or a foreign country or to asylum applicants. Such aliens shall be returned in accordance with the provisions of Article 129 of this Law.
\n
3.(Repealed on the day of entry into force of the Schengen Convention in the Republic of Lithuania.)
\n
Article 127
\n
Time Limits and Procedure for Implementing the Decisions Regarding the Obligation to Depart, Expulsion, Return and Transit through the Territory of the Republic of Lithuania 1. The decision obliging the alien to depart from the Republic of Lithuania must be implemented within 15 days from the day of serving thereof on the alien. The decision obliging the citizen of an EU Member State and/or his family members to depart from the Republic of Lithuania must be implemented within one month from the day of serving of the decision.
\n
2.The decision to expel an alien from the Republic of Lithuania must be implemented immediately, unless there are circumstances due to which the implementation of the decision may be postponed.
\n
3.The decision obliging an alien to depart from the Republic of Lithuania shall be made and the implementation thereof shall be supervised by the police and State Border Guard Service according to their respective competence.
\n
4.The decision on the expulsion of an alien on the grounds specified in subparagraphs 1 and 2 of paragraph 1 of Article 126 of this Law and the decision on the possibility of implementation on the grounds specified in subparagraph 4 of paragraph 1 of Article 126 of this Law shall be made by the Migration Department, the decision on the grounds specified in subparagraph 3 of paragraph 1 of Article 126 of this Law – by Vilnius Regional Administrative Court, while the said decisions shall be implemented by the State Border Guard Service or the police. When implementing the decision on the grounds set in subparagraph 4 or paragraph 1 of Article 126 of this Law, the specified institutions shall hold consultations on the implementation of the decision with the state which passed the decision to expel the alien.
\n
5.The decision on the return of an alien or his transit through the territory of the Republic of Lithuania shall be made by the Migration Department or the State Border Guard Service, whereas the decisions shall be implemented by the police or the State Border Guard Service.
\n
6.The procedure regulating the making of decisions on the obligation of an alien to depart, the alien’s expulsion, return or transit through the territory of the Republic of Lithuania and the implementation of the above-mentioned decisions shall be established by the Minister of the Interior.
\n
Article 128
\n
Circumstances Taken into Account when Making a Decision to Expel an Alien or Due to Which the Implementation of the Decision to Expel an Alien from the Republic of Lithuania May Be Suspended 1. When making a decision to expel an alien from the Republic of Lithuania, the following shall be taken into account:
\n
1)the period of his lawful stay in the Republic of Lithuania;
\n
2)his family relationship with persons residing in the Republic of Lithuania;
\n
3)his existing social, economic and other connections with the Republic of Lithuania;
\n
4)the nature and extent of dangerousness of the committed violation of law.
\n
2.The implementation of the decision to expel an alien from the Republic of Lithuania shall be suspended if:
\n
1)the decision regarding the expulsion of the alien from the Republic of Lithuania is appealed against in court, except in cases where the alien must be expelled due to a threat he constitutes to national security or public policy;
\n
2)the foreign country to which the alien may be expelled refuses to accept him;
\n
3)the alien is in need of basic medical aid, the necessity of which is confirmed by a consulting panel of a health care institution;
\n
4)the alien cannot be expelled due to objective reasons (the alien is not in possession of a valid travel document, there are no possibilities to obtain travel tickets, etc.).
\n
3.Upon the disappearance of the reasons indicated in paragraph 2 of this Article, the decision to expel an alien from the Republic of Lithuania must be implemented immediately.
\n
Article 129Return
\n
1.Aliens, including minor aliens under the age of 18, who stay in the territory of the Republic of Lithuania unlawfully, may be returned voluntarily or by force to the country of origin or a foreign country to which they have the right to depart.
\n
2.An unaccompanied minor alien shall be returned only provided that he is duly taken care of in the foreign country to which the unaccompanied minor alien is returned, taking into consideration his needs, age and level of independence.
\n
3.In case an unaccompanied minor alien cannot be returned to the country of origin or any other country, he must be granted the right to reside in the Republic of Lithuania on the grounds set in subparagraph 8 of paragraph 1 of Article 40 of this Law.
\n
4.The issue of the alien’s return shall be dealt with in cooperation with foreign countries and international organisations according to the concluded international treaties.
\n
Article 130Prohibition to Expel or Return an Alien
\n
1.It shall be prohibited to expel or return an alien to a country where his life or freedom is under threat or where he may be subjected to persecution on the grounds of race, religion, citizenship, membership of a certain social group or political opinion or to a country from whence he may later be expelled to such country.
\n
2.An alien shall not be expelled from the Republic of Lithuania or returned to a country where there are serious grounds to believe that in that country the alien will be tortured, subjected to cruel, inhuman or degrading treatment or punishment.
\n
3.The provisions of paragraph 1 of this Article shall not apply with respect to an alien who, for serious reasons, constitutes a threat to the security of the Republic of Lithuania or who has been convicted by an effective court judgement of a serious or grave crime and constitutes a threat to the public.
\n
4.The alien shall not be expelled from the Republic of Lithuania or returned to a foreign country if he has been granted the reflection period in accordance with the procedure established by the Government of the Republic of Lithuania, during which he, as a present or former victim of offences linked to human trafficking, has to make a decision on cooperation with the pre-trial investigation body or the court.
\n
Article 131Resources for Expulsion or Return
\n
1.An alien shall be expelled from the Republic of Lithuania or returned to the country of origin or foreign country to which he has the right to depart:
\n
1)at his own expense;
\n
2)at the expense of the natural or legal persons who invited the alien to the Republic of Lithuania;
\n
3)at the expense of the carriers in cases established by the laws of the Republic of Lithuania.
\n
2.In the absence of resources specified in paragraph 1 of this Article, an alien shall be expelled from the Republic of Lithuania or returned at the expense of the State. The state resources shall be recovered in the manner prescribed by legal acts from the natural or legal persons who invited the alien to the Republic of Lithuania or from the carriers who brought the alien to the Republic of Lithuania or another country which took a decision to expel the alien, to which the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals applies according to 2004/191/EC Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC, shall be addressed with a request to repay the funds.
\n
Article 132Issue of a Temporary Residence Permit to an Alien Whose Expulsion from the Republic of Lithuania Has Been Suspended
\n
If an alien’s expulsion from the Republic of Lithuania has been suspended due to the circumstances provided for in subparagraphs 2 to 4 of paragraph 2 of Article 128 of this Law and these circumstances have not disappeared within one year from the suspension of the implementation of the decision to expel the alien from the Republic of Lithuania, he shall be issued a temporary residence permit on the grounds set in subparagraph 8 of paragraph 1 of Article 40 of this Law.
\n
Article 133Prohibition to Enter the Republic of Lithuania
\n
1.An alien, who has been refused a visa or his visa has been annulled or he has been refused a residence permit or his residence permit has been withdrawn, who has been refused entry into the Republic of Lithuania, has been obliged to depart, has been expelled from the Republic of Lithuania or returned to the country of origin or a foreign country, who has attempted to unlawfully depart or has departed from the Republic of Lithuania, whose entry into and stay in the Republic of Lithuania would constitute a threat to national security or public policy, may be prohibited from entering the Republic of Lithuania for a fixed or an indefinite period of time.
\n
2.The provisions of paragraph 1 of this Article may not apply in respect of an alien who gave voluntary consent and was returned to the country of origin or a foreign country to which he had the right to depart.
\n
3.The national list of aliens prohibited from entering the Republic of Lithuania shall be drawn up and handled by the Migration Department who shall also forward the data from this list to the Central Schengen Information System in accordance with the procedure established by the Government of the Republic of Lithuania.
\n
4.The decision to prohibit (not to prohibit) the alien to enter the Republic of Lithuania shall be made by the Migration Department.
\n
Article 134Alien’s Transfer in Transit through the Territory of the Republic of Lithuania
\n
1.Under an international treaty of the Republic of Lithuania or an EU legal act, an alien may be transferred from one foreign country to another foreign country in transit through the territory of the Republic of Lithuania where proof is submitted that he has the right to travel to the foreign country as well as evidence of the necessity of transit through the territory of the Republic of Lithuania.
\n
2.The transfer of an alien through the territory of the Republic of Lithuania shall be prohibited if:
\n
1)the reasons specified in paragraphs 1 and 2 of Article 130 of this Law are established in the country of transfer;
\n
2)the alien is a suspect, accused or convict in accordance with the laws of the Republic of Lithuania;
\n
3)transit through other countries or admission into the state of destination is impossible;
\n
4)it is necessary to transfer to another airport in the Republic of Lithuania;
\n
5)the required assistance may be impossible at a certain moment due to practical reasons;
\n
6)the transfer of the alien would constitute a threat to national security, public policy, public health or international relations of the Republic of Lithuania.
\n
Article 135Unlawful Departure from the Republic of Lithuania
\n
1.An alien’s departure from the Republic of Lithuania shall be considered unlawful if the alien:
\n
1)departs from the Republic of Lithuania otherwise than through the border crossing points;
\n
2)when departing from the Republic of Lithuania, produces another person’s documents or forged documents;
\n
3)departs from the Republic of Lithuania despite the restrictions of freedom of movement in the Republic of Lithuania imposed on him;
\n
4)attempts to depart from the Republic of Lithuania possessing no valid travel document.
\n
2.An alien who has attempted to unlawfully depart or unlawfully departed from the Republic of Lithuania may be prohibited from entering the Republic of Lithuania for a fixed or an indefinite period of time.
\n
CHAPTER X
\n
APPEALING AGAINST THE DECISIONS ON THE LEGAL STATUS OF ALIENS AND FILING AN APPLICATION FOR A DECISION TO VILNIUS REGIONAL ADMINISTRATIVE COURT
\n
Article 136Right of Appeal against a Decision
\n
Decisions made in accordance with this Law may be appealed against in accordance with the procedure established by this law the Law on Administrative Proceedings.
\n
Article 137Lodging an Appeal
\n
1.An appeal against a decision made in accordance with this Law may be lodged with the appropriate administrative court in the manner and under the conditions established by the Law on Administrative Proceedings, except in cases provided for by this Law.
\n
2.An appeal against a decision made in accordance with this Law, if the decision was made on the application submitted on behalf of the family according to paragraph 2 of Article 67 of this Law, may be lodged by an alien who submitted the application on behalf of the family or by any adult member of the family.
\n
Article 138Time Limits for Lodging an Appeal
\n
An alien may lodge an appeal against the decision made under this Law to an appropriate regional administrative court within 14 days from the day of service of the decision.
\n
Article 139Suspension of Implementation of the Decision Appealed Against
\n
1.The implementation of the decision appealed against shall be suspended when:
\n
1)the alien’s residence permit is withdrawn;
\n
2)the alien who has lodged an asylum application is not granted temporary territorial asylum in the Republic of Lithuania and is obliged to depart from the Republic of Lithuania or is expelled from it to a safe third country or the country of origin;
\n
3)the alien is refused asylum and is obliged to depart from the Republic of Lithuania, is expelled from it or returned to a foreign country, the examination of the asylum application is terminated or the granted asylum is withdrawn;
\n
4)the alien is expelled from the Republic of Lithuania.
\n
2.The provisions of subparagraphs 4 of paragraph 1 of this Article shall not apply in cases where the grounds for expulsion are related to a threat to national security or public policy constituted by the alien’s stay in the Republic of Lithuania.
\n
3.In the cases not specified in paragraph 1 of this Article, the implementation of the decision made shall be suspended following the passing of a ruling by the relevant administrative court.
\n
Article 140Examination of Appeals and Requests to Adopt a Decision, Adoption of a Decision and Appealing Against It
\n
1.Courts shall hear appeals and requests to adopt a decision and shall adopt decisions in accordance with the procedure established by the Law on Administrative Proceedings and this Law.
\n
2.The court must hear an appeal or request to adopt a decision within two months from the day the court passes the ruling on the admissibility of the appeal or request.
\n
3.Upon examining the case, the court shall adopt one of the following decisions:
\n
1)to reject the appeal or request as unjustified;
\n
2)uphold the appeal or request.
\n
4.The decision made may be appealed to the Supreme Administrative Court of Lithuania within 14 days from the announcement of the decision.
\n
Article 140(1). Applying to Vilnius Regional Administrative Court with a Request to Adopt a Decision to Withdraw the Alien’s Right of Residence in the Republic of Lithuania and/or to Expel the Alien from the Republic of Lithuania 1. The State Security Department shall apply to Vilnius Regional Administrative Court with a request to adopt a decision to withdraw the alien’s right of residence in the Republic of Lithuania and/or to expel the alien from the Republic of Lithuania on the grounds of constituting a threat to national security specified in subparagraph 2 of paragraph 1 of Article 54, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90, paragraph 1 of Article 106 and subparagraph 3 of paragraph 1 of Article 126 of this Law.
\n
2.The Police Department under the Ministry of the Interior or, on the instruction of the Commissioner General of the police, the territorial police institution or the State Border Guard Service or, on the instruction of the head of the State Border Guard Service, the district of the State Border Guard Service shall apply to Vilnius Regional Administrative Court with a request to adopt a decision to withdraw the alien’s right of residence in the Republic of Lithuania and/or to expel the alien from the Republic of Lithuania on the grounds of constituting a threat to public policy specified in subparagraph 2 of paragraph 1 of Article 54, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90, paragraph 1 of Article 106 and subparagraph 3 of paragraph 1 of Article 126 of this Law.
\n
3.The application to adopt a decision must meet the requirements set in the Law on Administrative Proceedings. Administrative cases based on applications specified in paragraphs 1 and 2 of this Article may be examined using factual data which constitute a state or official secret and with the participation of the Migration Department. The provisions regarding declassification provided for in the Law on Administrative Proceedings shall not apply to such data.
\n
CHAPTER XI
\n
FINAL PROVISIONS
\n
Article 141Right to Receive Information from State and Municipal Institutions and Agencies
\n
The Migration Department shall have the right to receive from state and municipal institutions and agencies of the Republic of Lithuania information relating to aliens required for the discharge of functions by the Migration Department in determining the aliens’ legal status in the Republic of Lithuania.
\n
Article 1411Fees for Services Provided Under this Law
\n
Save for the exceptions laid down in the Law on Fees and Charges, state fees, in the amount prescribed by the Government, shall be charged for:
\n
1)validating a letter of invitation;
\n
2)receiving and considering applications for the issue of a visa, taking decisions on the issue or refusal to issue a visa in the Republic of Lithuania;
\n
3)extending the period of stay in the Republic of Lithuania under a visa;
\n
4)processing documents relating to the issue or replacement of a temporary residence permit, permanent residence permit or EU residence permit;
\n
5)processing documents relating to the issue of a work permit, issuing a work permit, extending the period of validity of a work permit and issuing a duplicate;
\n
6)issuing and replacing a travel document to a stateless person or a refugee, an alien’s passport, a temporary residence permit or permanent residence permit, issuing and extending an EU residence permit, extending the validity of an alien’s passport;
\n
7)issuing a certificate confirming the right of residence in the Republic of Lithuania of a citizen of an EU Member State and issuing a certificate confirming the right of permanent residence in the Republic of Lithuania of a citizen of an EU Member State.
\n
Article 142Processing of Data Relating to Aliens
\n
1.The data relating to aliens whose legal status in the Republic of Lithuania is determined under this Law and other laws of the Republic of Lithuania shall be entered in the Register of Aliens.
\n
2.The Register of Aliens shall be established and the regulations thereof approved by the Government of the Republic of Lithuania.
\n
3.The data in the Register of Aliens shall be processed in compliance with this Law, the Law on Legal Protection of Personal Data and other legal acts as well as international treaties.
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Article 143Liability of Aliens
\n
Aliens shall be held liable under the laws of the Republic of Lithuania unless otherwise established by the international treaties of the Republic of Lithuania, the EU legal acts or this Law.
\n
Article 144Application of International Treaties
\n
If international treaties to which the Republic of Lithuania is a party provide otherwise than this Law, the provisions of the international treaties shall apply.
\n
Article 145Application of More Favourable Provisions of the Law
\n
Provisions of Chapter V of this Law shall apply to citizens of the EFTA Member States and their family members who exercise the right to freedom of movement.
\n
Article 146Implementation of the Law
\n
1.The procedure for implementing this Law shall be established by the Republic of Lithuania Law on the Implementation of the Law on the Legal Status of Aliens.
\n
2.Upon the entry into force of this Law, the following laws shall be repealed:
\n
1)the Republic of Lithuania Law on Refugee Status in the Republic of Lithuania (Official Gazette, No 63-1578, 1995);
\n
2)Law Amending Article 15 of the Republic of Lithuania Law on Refugee Status in the Republic of Lithuania (Official Gazette, No 29-707, 1996);
\n
3)Law Repealing Article 18 and Amending Article 19 of the Republic of Lithuania Law on Refugee Status in the Republic of Lithuania (Official Gazette, No 108-2734, 1997);
\n
4)Law Amending Article 5 of the Republic of Lithuania Law on Refugee Status in the Republic of Lithuania (Official Gazette, No 65-1879, 1998);
\n
5)the Republic of Lithuania Law on the Legal Status of Aliens (Official Gazette, No 115-3236, 1998);
\n
6)Law Amending Articles 5, 7, 10 and 14 of the Republic of Lithuania Law on the Legal Status of Aliens (Official Gazette, No 89-2618, 1999);
\n
7)Law Amending Articles 19 and 26 of the Republic of Lithuania Law on the Legal Status of Aliens (Official Gazette, No 5-125, 2000);
\n
8)Law Amending the Republic of Lithuania Law on Refugee Status in the Republic of Lithuania (Official Gazette, No 56-1651, 2000);
\n
9)Law Amending Article 7 of the Republic of Lithuania Law on the Legal Status of Aliens (Official Gazette, No 92-2865, 2000);
\n
10)Law Amending the Republic of Lithuania Law on Refugee Status in the Republic of Lithuania (Official Gazette, No 56-1651, 2000);
\n
11)Law Amending Articles 8, 9 and 11 of the Republic of Lithuania Law on Refugee Status in the Republic of Lithuania (Official Gazette, No 92-2859, 2000);
\n
12)Law Amending the Republic of Lithuania Law on the Legal Status of Aliens (Official Gazette, No 55-1944, 2001);
\n
13)Law Amending Articles 2, 4, 5, 6, 8, 9, 10, 11, 13, 14, 17, 18, 22 and 26 of the Republic of Lithuania Law on Refugee Status and Supplementing the Law with Articles 121, 122, 123, 124, 125 and 126 (Official Gazette, No 13-466, 2002);
\n
14)Law Amending Articles 4 and 7 of the Republic of Lithuania Law on Refugee Status (Official Gazette, No 38-1688, 2003).
\n
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
\n
ACTING PRESIDENT OF THE REPUBLIC Annex to the Republic of Lithuania Law on the Legal Status of Aliens EU LEGAL ACTS IMPLEMENTED BY THIS LAW 1. Council Directive 77/486/EEC of 25 July 1977 on the education of the children of migrant workers (OJ 2004 special edition, Chapter 5, Volume 1, p. 213).
\n
2.The Schengen acquis - Agreement 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 (OJ 2004 special edition, Chapter 19, Volume 2, p.3).
\n
3.The Schengen acquis - 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 (OJ 2004 special edition, Chapter 19, Volume 2, p. 9).
\n
4.Council Resolution of 20 June 1994 on limitation on admission of third-country nationals to the territory of the Member States for employment.
\n
5.Council Resolution of 30 November 1994 on the admission of third-country nationals to the territory of the Member States for study purposes.
\n
6.Council Resolution of 30 November 1994 relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons.
\n
7.94/795/JHA: Council Decision of 30 November 1994 on a joint action adopted by the Council on the basis of Article K.3.2.b of the Treaty on European Union concerning travel facilities for school pupils from third countries resident in a Member State (OJ 2004 special edition, Chapter 19, Volume 1, p. 3).
\n
8.Council Resolution of 20 June 1995 on minimum guarantees for asylum Procedures.
\n
9.Council Resolution of 25 September 1995 on burden- sharing with regard to the admission and residence of displaced persons on a temporary basis.
\n
10.Council recommendation of 22 December 1995 on harmonizing means of combating illegal immigration and illegal employment and improving the relevant means of control.
\n
11.96/198/JHA: Council Decision of 4 March 1996 on an alert and emergency procedure for burden-sharing with regard to the admission and residence of displaced persons on a temporary basis (OJ 2004 special edition, Chapter 19, Volume 1, p. 29).
\n
12.Joint Position of 4 March 1996 defined by the Council on the basis of Article K.3 of the Treaty on European Union on the harmonized application of the definition of the term 'refugee' in Article 1 of the Geneva Convention of 28 July 1951 relating to the Status of Refugees (OJ 2004 special edition, Chapter 19, Volume 1, p. 20).
\n
13.Council Resolution of 4 March 1996 on the status of third-country nationals residing on a long-term basis in the territory of the Member States.
\n
14.96/197/JHA: Joint Action of 4 March 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union on airport transit arrangements (OJ 2004 special edition, Chapter 19, Volume 1, p. 26).
\n
15.Council Recommendation of 27 September 1996 on combating the illegal employment of third-country nationals.
\n
16.Council Resolution of 26 June 1997 on unaccompanied minors who are citizens of third countries.
\n
17.Council Resolution of 4 December 1997 on measures to be adopted on the combating of marriages of convenience.
\n
18.Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention (OJ 2004 special edition, Chapter 19, Volume 4, p. 26).
\n
19.Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose citizens are exempt from that requirement (OJ 2004 special edition, Chapter 19, Volume 4, p. 65).
\n
20.Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ 2004 special edition, Chapter 19, Volume 4, p. 107).
\n
21.Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ 2004 special edition, Chapter 19, Volume 4, p. 162).
\n
22.Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of \"Eurodac\" for the comparison of fingerprints for the effective application of the Dublin Convention (OJ 2004 special edition, Chapter 19, Volume 4, p. 192).
\n
23.Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum applicants (OJ 2004 special edition, Chapter 19, Volume 6, p. 101).
\n
24.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 (OJ 2004 special edition, Chapter 19, Volume 6, p. 119).
\n
25.Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2004 special edition, Chapter 19, Volume 6, p. 224).
\n
26.Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 special edition, Chapter 19, Volume 6, p. 272).
\n
27.Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ 2004 special edition, Chapter 19, Volume 6, p. 233).
\n
28.2004/191/EC: Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (OJ 2004 special edition, Chapter 1, Volume 5, p. 25).
\n
29.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 1612/68 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 (OJ 2004 special edition, Chapter 19, Volume 5, p. 46).
\n
30.Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ 2004 special edition, Chapter 19, Volume 7, p. 69).
\n
31.Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 special edition, Chapter 19, Volume 7, p. 96).
\n
32.Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ 2004 L 375. p. 12).
\n
33.Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ 2005 L 289, p. 15).
\n
34.Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L 326, p. 13).
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35.Common Consular Instructions of 22 December 2005 on visas for the diplomatic missions and consular posts of the contracting parties to the Schengen Convention (OJ 2005 C 326, p. 1).
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36.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) (OJ 2006 L 105, p. 1). ________________