LAW

LAW Official translation REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS 29 April 2004 No. IX-2206 As amended by 28 November 2006 No X- 924 Vilnius CHAPTER I GENERAL PROVISIONS Article 1. Purpose and Scope of the Law 1. This Law shall establish entry and exit, temporary or permanent residence, granting of asylum, integration and naturalisation procedure as well as the procedure for filing an appeal against 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 the EU legal acts indicated in the annex to this Law. 3. The Law shall not apply to foreign citizens 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 with respect to legal relations regulated by this Law to the extent they are not subject to the regulation by this Law. Article 2. Definitions As used in this Law: 1. Manifestly unfounded  application for asylum means an application by an alien for asylum in the Republic of Lithuania in which he has not established a prima facie case for refugee status, there is clearly no substance to the applicant’s claim to fear 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 the applicant is excluded from refugee status as he meets none of the criteria established in this Law for granting asylum in the Republic of Lithuania. 2. Travel document of a stateless person means a document issued in accordance with the provisions of 1954 Convention relating to the Status of Stateless Persons to a stateless person not considered as a citizen by any foreign state who is lawfully staying 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 person who is a citizen of an EU Member State and the person’s family member the right to reside 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/her 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 a citizen of an EU Member State (hereinafter referred to as an EU residence permit)  means the document granting a member of the family of the citizen of an EU Member State, who is not a citizen of an EU Member State, the right to live in the Republic of Lithuania. 5. A citizen of an EU Member State means an alien having 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 legally residing in the Republic of Lithuania and an alien who is not a citizen of an EU  Member State with the sole aim of obtaining for the alien 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). Fictitious adoption means the adoption procedure carried out with respect to a citizen of the Republic of Lithuania or an alien legally residing in the Republic of Lithuania or an alien who is not a citizen of an EU Member State in order to receive a residence permit for 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). Fictitious registered partnership means a registered partnership contracted by a citizen of the  Republic of Lithuania or an alien legally residing in the Republic of Lithuania and an alien who is not an EU Member State citizen when it is contracted in order to receive a residence permit for 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 on the decision agreed with that state according to the procedure established by legal acts; 8. Expulsion from the Republic of Lithuania means a 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. Obliging to depart from the Republic of Lithuania means a decision taken in the manner prescribed by legal acts obliging an alien to depart voluntarily within the specified time period from the territory of the Republic of Lithuania. 10. Travel document means the passport of a foreign citizen or a travel document equivalent to it, intended for travelling to a foreign country and recognised in the Republic of Lithuania. 11. State of origin means the state of citizenship of the alien or, where the citizenship of the alien may not be established or if the alien is a stateless person, the state where he has his permanent place of residence. 12. Temporary territorial refuge means the right granted to an alien according to the procedure established by this Law to stay in the Republic of Lithuania pending the examination of the 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 (hereafter – temporary residence permit) means a document granting an alien the right for a temporary residence in Lithuania for a period specified therein. 15. The right of a long term resident of the Republic of Lithuania to reside in the European Community (hereafter - permit to permanently reside) – means a document entitling the alien to reside in the Republic of Lithuania and certifying the alien’s official status of permanent resident. 16. Unaccompanied alien minor means an alien below the age of 18 years who arrives on the territory of the Republic of Lithuania unaccompanied by parents or any other adult responsible for him by law or who is left unaccompanied by any of the above-mentioned persons after he has entered the territory of the Republic of Lithuania. 17. Refugee’s travel document means travel document issued to the refugee in accordance with the provisions of 1951 Convention relating to the Status of Refugees, granting the refugee the right to travel outside 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 admitted as such in  the Republic of Lithuania in the manner established by this Law. 19. Examination of an asylum application as to substance means investigation for the purpose of establishing whether or not the applicant should be accorded the status of refugee or subsidiary protection and whether or not there are grounds for refusing to grant the status of refugee or subsidiary protection. 20. Asylum applicant means an alien who has filed an asylum application according to 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 means the spouse of the asylum applicant or the person with whom a registered partnership has been contracted, the children of the couple or of one of them (adopted children irrespective of whether they have been adopted according to the legal acts of the Republic of Lithuania) (hereinafter referred to as children) below the age of 18 years, on condition that they are unmarried as well as the father (adoptive father), mother (adoptive mother)  or guardian (caretaker) of the minor asylum applicant, in so far as the family already existed in the country of origin and during the examination of the asylum application the family members are present on the territory of the Republic of Lithuania. 23. Asylum in the Republic of Lithuania means the 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 inhuman or degrading treatment or punishment or violation of the fundamental human rights are being practised. 25. Safe third country means a state which is not the alien’s country of origin but is a state party to 1951 Convention relating to the Status of Refugees and/or 1967 Protocol relating to Refugee Status as well as 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms and/or 1966 International Covenant on Civil and Political Rights, implementing the provisions of the above-mentioned instruments and providing an effective possibility under citizen laws to apply for and be granted asylum according to the established procedure. 26. Family members means the spouse or the person who has concluded partnership agreement or an agreement equivalent to it, in so far as the family already existed in the country of origin, the children of the couple or of one of them (adopted children irrespective of whether they have been adopted as defined under the laws of the Republic of Lithuania) below the age of 18 years, on condition that they are unmarried and dependent as well as relatives according to direct ascending line who have been dependent for at least one year and unable to make use of the support of other family members residing in a foreign country. 27. Family reunification means the entry into and residence in the Republic of Lithuania by family members of an alien who is not a citizen of the European Union residing lawfully in the Republic of Lithuania in order to preserve the family unit, whether the family relationship arose before or after the alien’s entry. 28. Authorised representative means a person who, under the laws of the state of citizenship or permanent residence of an alien minor, is responsible for the minor during his stay on the territory of the Republic of Lithuania. 29. Alien’s passport means a document issued to a foreign citizen having the right to reside in the Republic of Lithuania but unable for objective reasons to obtain travel documents from his country of origin, granting 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 on 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 authorisation in the form of a sticker affixed on the alien’s travel document or decision entitling the holder to cross the state border. Article 3. Rights and Duties of Aliens in the Republic of Lithuania 1. In the Republic of Lithuania aliens shall enjoy the rights and freedoms provided by the Constitution of the Republic of Lithuania, international agreements, laws of the Republic of Lithuania and legal acts of the European Union. 2. In the Republic of Lithuania aliens shall be equal before the law without distinction as to sex, race, citizenship, language, religion, 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 state 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 in conjunction with other law enforcement institutions, public and municipal authorities and agencies of the Republic of Lithuania. CHAPTER II   ENTRY OF ALIENS INTO THE REPUBLIC OF LITHUANIA Article 5. Crossing State Borders 1. Aliens may enter into the territory of the Republic of Lithuania or exit from it only through the border control posts. 2. Requirements set in respect of entry into the territory of the Republic of Lithuania, except for the conditions specified in subparagraphs 1, 4 and 5 of Article 7 of this Law, shall not apply to members of the crews of sea vessels entering via sea ports of the Republic of Lithuania. 3. 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. 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 shall 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. At the border control post an alien must produce a valid travel document. 3. The procedure regulating the recognition of valid travel documents of aliens, entitling the alien to come to the Republic of Lithuania, shall be established and the list of the documents shall be approved by the Minister of Foreign Affairs together with the Minister of the Interior. Article 7. Conditions of Alien’s Admission into the Republic of Lithuania An alien shall be admitted to the territory of the Republic of Lithuania if: 1) the alien is in possession of 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) the alien has a valid visa of the Republic of Lithuania, unless otherwise established by the international treaties of the Republic of Lithuania, legal acts of the European Union or the Government of the Republic of Lithuania, or holds a valid temporary residence permit or permanent residence permit, or a residence permit of a citizen of an European Community Member State or an EU residence permit ; 3) the alien is in possession of documents specifying the purpose and conditions of the alien’s entry into the Republic of Lithuania, the available means of subsistence to maintain himself during his stay in the Republic of Lithuania or the lawful source thereof, the available means for returning to his country of origin or for travelling in transit to another state via  the territory of the Republic of Lithuania as well as and produces them on request; 4) the alien is not on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania; 5) the alien’s stay in the Republic of Lithuania does not pose a threat to public security, public order or public health. Article 8. Grounds for Refusing Admission of an Alien into the Republic of Lithuania 1. An alien shall be refused admission into the territory of the Republic of Lithuania: 1) if he does not meet the conditions set in Article 7 of this Law; 2) if it is discovered that the alien has stayed the Republic of Lithuania for the time period identified in an international treaty of the Republic of Lithuania, an EU legal act or by the Government of the Republic of Lithuania as the time period of visa-less stay; 3) where it transpires that at the border control post the alien misrepresented the personal information indicated in subparagraph 3 of Article 7 of this Law; 4) if there are grounds to believe that the alien may engage in the Republic of Lithuania in  illegal business which make him liable under the laws of the Republic of Lithuania; 5) if the alien produces another person’s documents upon entering the Republic of Lithuania; 6) where there are grounds to believe that the alien produced a forged travel document  when entering the Republic of Lithuania; 7) where there are serious grounds to believe that the alien 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 and other sources of international law; 8) if he has humiliated by action, word or deed the visa issuing officers, employees or the State of Lithuania due to the officers’ or employees’ activity.   2. A decision to refuse an alien admission into the territory of the Republic of Lithuania in the cases specified in paragraph 1 of this Article shall be taken by the State Border Protection Service under the Ministry of the Interior (hereinafter - State Border Protection Service). 3. If an alien submits an application for the granting of asylum in the Republic of Lithuania, the decision to refuse the alien admission into the territory of the Republic of Lithuania shall be made by the Migration Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter – Migration Department). 4. The procedure regulating refusal for aliens admission into the territory of the Republic of Lithuania shall be established by the Minister of the Interior. 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 Protection Service in the manner established by the laws of the Republic of Lithuania. 2. Admitting an alien into the Republic of Lithuania the State Border Protection Service officers must ascertain 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 entering aliens, the State Border Protection Service shall cooperate with the relevant public authorities and institutions of the Republic of Lithuania, foreign state institutions and international organisations in compliance with the international treaties which have come into effect in respect of the Republic of Lithuania and other legal acts. Article 10. Illegal Entry into the Republic of Lithuania The entry of an alien into the Republic of Lithuania shall be considered illegal if the alien: 1) enters into the Republic of Lithuania despite having been included on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania; 2) enters the Republic of Lithuania not through the border control post; 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 holding a visa issued upon producing misrepresented information or forged documents. CHAPTER III STAY AND RESIDENCE OF ALIENS IN THE REPUBLIC OF LITHUANIA SECTION ONE VISAS Article 11. A  Visa 1. A visa shall be issued to an alien holding a valid travel document if the period of validity thereof exceeds by 3 months the period of validity of the visa the issue whereof is applied for. 2. A visa shall not entitle an alien to study, learn, or engage in in-service training or professional training activity, to work or engage in other income-generating activities in the Republic of Lithuania. The Minister of the Interior, in conjunction with the Minister for Foreign Affairs, shall specify the cases according to the procedure laid down by legal acts which may be exempt from this provision. 3. According to the procedure established by legal acts the provisions of paragraph 1 of this Article may be derogated from for serious humanitarian reasons listed in this Law, paragraph 1 of Article  20  and subparagraphs 8 and 11 of paragraph 1 of Article  40, due to citizen interests or international commitments, if the validity period of the alien’s travel document is longer than his visa validity period and the alien meets other conditions for the issue of visas laid down in paragraph 1 of Article  17 of this Law. Article 12. Types of the Visa 1. There shall be the following types of the visa: 1) airport transit visa (A); 2) transit visa (B); 3) short-stay visa (C); 4) long-stay Visa (D). 2. There shall be single-entry, dual-entry and multiple-entry visas. 3. A group of aliens may be issued a group visa. Article 13. Airport Transit Visa (A) 1. An airport transit visa intended for passing through the transit zone of international airport of the Republic of Lithuania may be single-entry or double-entry. 2.  A  single-entry airport transit visa shall entitle an alien to a single entry of the transit zone of the international airport of the Republic of Lithuania. 3. A dual-entry airport transit visa shall entitle an alien to two entries of the transit zone of the international airport of the Republic of Lithuania. 4. An alien in possession of an airport transit visa shall be entitled to pass through the transit zone of the international airport of the Republic of Lithuania during a stopover or a transfer between two sections of an international flight. 5. An airport transit visa shall be issued to an alien who holds a visa or a residence permit issued by the foreign country of his final destination to which he travels in transit via the international airport of the Republic of Lithuania or who possesses a permit to travel to another state. 6. Possession of an airport transit visa shall not entitle an alien to enter or stay on the territory of the Republic of Lithuania. 7. The Minister of the Interior together with the Minister of Foreign Affairs shall approve the list of states whose citizens or persons who, though not citizens of the states, possess travel documents issued by the competent authorities of the said states, shall be subject to airport transit visa regime. Article 14. Transit Visa (B) 1. A transit visa intended for passing in transit through the territory of the Republic of Lithuania may be single-entry, dual-entry or multiple-entry. 2. A single-entry transit visa entitles an alien for one entry for transit through the territory of the Republic of Lithuania (for outward journey. 3. A dual-entry transit visa authorises transit through the Republic of Lithuania for both outward and return journeys. 4. A multiple-entry transit visa entitles an alien to several transits through the territory of the Republic of Lithuania during the term of visa’s validity. 5. Each time the stay in the Republic of Lithuania of an alien who is in possession of a transit visa may not exceed five days. 6. A transit visa shall be issued to an alien who is in possession of a visa or residence permit issued by a foreign country to which he transits through the territory of the Republic of Lithuania or to which he is entitled to proceed . 7. A Facilitated Transit Document and a Facilitated Rail Transit Document issued in case of specific and direct transit by land shall be equivalent to a transit visa. Article 15. Short-stay Visa (C) 1. A short-stay visa entitles an alien to enter the Republic of Lithuania for an intended stay for a period whose total duration does not exceed three months in any six-month  period calculated from the date of entry into the Republic of Lithuania. 2. A short-stay visa may be single-entry or multiple-entry. 3. A single-entry short-stay visa may be issued to an alien for a single visit during the visa’s validity period. 4. A multiple-entry short-stay visa may be issued to an alien for the period of one-year or, by way of exception, upon agreement of the issue with the Minister of Foreign Affairs of the Republic of Lithuania, for a period exceeding one year but for not longer than five years. 5. A short-stay visa shall be issued when the alien enters the Republic of Lithuania for the purpose of tourism, family or other personal visits, professional interests or any other short stay. Article 16. Long-stay Visa (D) 1. A long-stay visa entitles an alien to enter the Republic of Lithuania for a stay exceeding 3 months. 2. A long-stay visa may be single-entry or multiple-entry. 3. A single-entry long-stay visa shall be issued to an alien who has been granted a permit of temporary or permanent residence in the Republic of Lithuania. 4. A multiple-entry long-stay visa shall be issued to an alien who enters the Republic of Lithuania for an intended stay in the Republic of Lithuania for a long period. 5. A multiple-entry long-stay visa shall be issued to aliens who enter the Republic of Lithuania on a regular basis to work or to engage in any other lawful activity. Article 17. Conditions Governing the Issue of Visas 1. A visa may be issued to an alien if: 1) the alien possesses a valid travel document, unless otherwise established by the international treaty of the Republic of Lithuania, a legal act of the European Union or the Government of the Republic of Lithuania; 2) the alien is in possession of documents substantiating the purpose and the conditions of the visit and stay in the Republic of Lithuania, the available means of subsistence for the period of the planned stay in the Republic of Lithuania or the source from which the alien is in the position to acquire such means, the available means for return to the alien’s country of origin or for transit via the territory of the Republic of Lithuania to another state, the list of visits and stays in foreign states and produces them as necessary; 3) the alien is not on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania; 4) the alien’s stay in the Republic of Lithuania poses no threat to public security, public order or public health; 5) the alien is in possession of a valid document in evidence that he has sickness insurance coverage; 6) the alien has the right to return to his country of origin or residence or citizenship or has the right to proceed to another country. 2. When examining the alien’s visa application, regard must be had to his legal status in the country where the alien’s visa application has been filed. 3. In the interests of citizen security, where this is required for guaranteeing the constitutional order of the State, its defence capabilities or security, upon agreement with the Ministry of Foreign Affairs of the Republic of Lithuania the application of conditions of visa issue prescribed by subparagraphs 2 and 6 of paragraph 1 of this Article may be derogated from upon agreement with the Ministry of Foreign Affairs. 4. The cases when it shall not be required to submit a document testifying to health insurance  shall be specified by the Government  of the Republic of Lithuania. Article 18. Grounds for Refusing the Issue of a Visa An alien shall be refused the issue of a visa if: 1) the alien fails to produce, when required, documents substantiating the purpose and the conditions of the entry and stay in the Republic of Lithuania, the available  the position to acquire such means, the available resources for return to the alien’s country of origin or for transit via the territory of the Republic of Lithuania to another state, the list of visits and stays in foreign states; 2) applying for a visa the alien misrepresented his personal information; 3) applying for a visa the alien presented documents with elements of counterfeiting; 4) the alien has no valid document in evidence that he has sickness insurance coverage; 5) there are grounds to believe that the alien may engage in the Republic of Lithuania in illegal business which will makes him liable under the laws of the Republic of Lithuania; 6) he is on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania; 7) the alien’s stay in the Republic of Lithuania poses a threat to public security, public order or public health; 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 and other sources of international law; 9) he has humiliated by action, word or deed the visa issuing officers, employees or the State of Lithuania due to the officers’ or employees’ activity. Article 19. Grounds for the Annulment of a Visa 1. A visa issued to an alien shall be annulled if: 1) applying for a visa, the alien misrepresented the information specified in paragraph 3 of Article 7 of this Law; 2) the alien does not fulfil the conditions set by this Law as warranting the issue of visa; 3) the grounds for refusing the issue of a visa to the alien are disclosed. 2. After the annulment of a visa the alien must leave the Republic of Lithuania. Article 20. Grounds for Extending the Period of Stay in the Republic of Lithuania for an Alien in Possession of a Visa 1. For an alien whose visa expired the period of stay in the Republic of Lithuania in possession of a visa may be extended for any of the following reasons which emerged after the issue of the visa: 1) acute illness, any other health disorder or condition of organism precluding the alien’s departure from the Republic of Lithuania: 2) professional activities; 3) personal reason which the alien could not have foreseen and could not avoid its emergence during his stay in the Republic of Lithuania being in possession of a visa; 4) force majeure. 2. The alien’s stay in the Republic of Lithuania being in possession of a visa the validity whereof has been extended may not exceed three months in any six-month  period calculated from the date of entry into the Republic of Lithuania. Article 21. Issuing a Visa, Refusing the Issue of a Visa, Extending the Period of Stay being in Possession of a Visa, Visa Annulment 1. An alien shall submit documents for the issue of a visa to the diplomatic mission or consular post of the Republic of Lithuania abroad and in the cases specified by the Minister of the Interior in conjunction with the Minister of Foreign Affairs – at the border control post, the institution authorised by the Minister of the Interior or at the Ministry of Foreign Affairs of the Republic of Lithuania. 2. Decisions on the issue of a visa or refusal to issue a visa shall be made by: 1) the Ministry of Foreign Affairs of the Republic of Lithuania regarding short-stay visas; 2) diplomatic missions and consular posts of the Republic of Lithuania abroad regarding all types of visas; 3) the State Border Protection Service regarding short-stay and transit visas in the cases specified by the Minister of the Interior together with the Minister of Foreign Affairs; 4) the Migration Department regarding short-stay and long-stay visas. 3. Decision on the extension of the period of stay being in possession of a visa shall be made by the institutions authorised by the Minister of the Interior. 4. Decision on the annulment of a visa shall be made: 1) before the entry into the Republic of Lithuania - by  the diplomatic missions or consular posts of the Republic of Lithuania abroad; 2) when the alien is at the border control post and in the Republic of Lithuania – by the State Border Control Service; 3) when the alien is in the Republic of Lithuania – by the Department of Migration. 5. The list of state institutions and agencies at which aliens are issued visas shall be approved by the Minister of the Interior upon agreement with the Minister of Foreign Affairs. 6. The procedure regulating the filing of documents enclosed with the visa application   and the issue of a visa at the border control posts, extension of the period of stay being in possession of a visa, annulment of a visa shall be established by the Minister of the Interior in conjunction with the Minister of Foreign Affairs. Article 22. Invalid Visa A visa shall be invalid: 1) upon its expiry; 2) if it is  lost; 3) if it is cancelled; 4) if it contains elements of counterfeiting; 5) upon the issue of a new visa; 6) upon the issue of a residence permit; 7) if it is damaged for technical or other reasons and therefore unsuitable for use. Article 23. Illegally Staying in the Republic of Lithuania An alien’s staying in the Republic of Lithuania shall be deemed illegal if the alien: 1) has been staying in the Republic of Lithuania for a period exceeding the period of visa-less stay set by an international treaty of the Republic of Lithuania, an EU legal act or the Government of the Republic of Lithuania; 2) is staying in the Republic of Lithuania overstaying his visa; 3) is staying in the Republic of Lithuania holding an annulled visa after the expiration of the term of expulsion from the Republic of Lithuania; 4) holds counterfeit travel documents; 5) holds a falsified visa ; 6) is staying in the Republic of Lithuania without a visa if it is required; 7) is staying in the Republic of Lithuania without a valid travel document, save for asylum applicants; 8) has illegally 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 to reside 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 1. Aliens shall be issued the following residence permits: 1) a temporary residence permit ; 2) a permanent residence permit. Article 26. Conditions of Issue or Renewal  of Residence Permit 1. A residence permit may be issued or renewed to an alien if the alien: 1) meets the conditions set in subparagraphs 1, 2, 4 and 5 of Article 7 of this Law; 2) has a valid document evidencing insurance against sickness when in the cases provided for by the laws of the Republic of Lithuania he is not covered by compulsory health insurance, or in the cases and according to the procedure established by the Government of the Republic of Lithuania he has the confirmed commitment of a citizen of the Republic of Lithuania or an alien  residing in the Republic of Lithuania to pay the charges for the health care services provided to him during his residence in the Republic of Lithuania ; 3) has adequate means of subsistence and/or receives regular revenue which is sufficient for  his stay in the Republic of Lithuania; 4) he owns a place of accommodation in the Republic of Lithuania or uses accommodation upon a contract of lease or a 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 the established manner, or presents an undertaking of a natural or legal person to provide him with a place of residence for the period of validity of the temporary residence permit, approved in the manner established by legal acts; 5) as necessary, produces the list of visits and stays in foreign states. 2. The conditions established in subparagraphs 2 to 5 of paragraph 1 of this Article and subparagraphs 1 and 2 of Article 7 of this Law may be derogated from according to the procedure established by legal acts with respect to an alien who has been put under guardianship or curatorship, who has been given 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 the fight against trafficking  in human beings or in combating the offences of trafficking in human beings  or for reasons of state security. 3. The conditions established in subparagraphs 2 to 5 of paragraph 1 of this Article and subparagraphs 1 and 2 of Article 7 of this Law may be derogated from according to the procedure established by legal acts with respect to an alien who has been granted refugee status in the Republic of Lithuania,  his family members who have applied for the issue of the residence permit in case of family reunification within 3 months after the granting of the refugee status in the  Republic of Lithuania. 4. The provisions of paragraph 1 of this Article shall not be applied in case of renewal of the permanent residence permit. Article 27. Alien’s Adequate Means of Subsistence for being Issued a Residence Permit For an alien applying for a residence permit the means of subsistence that may be considered adequate for his stay in the Republic of Lithuania shall be set by the Minister of Social Security and Labour. Article 28. Issue of a Residence Permit 1. When issuing a residence permit for the first time, an alien shall usually be issued a temporary residence permit, except in the cases established by this Law. 2. An alien who applies for the issue of a residence permit for the first time shall file an application for the issue of a residence permit with to diplomatic mission or consular post of the Republic of Lithuania abroad. 3. The alien who is lawfully staying on the territory of the Republic of Lithuania may file an application to issue a residence permit, including the one filed for the first time, with the institution authorised by the Minister of the Interior, however the filing of such an application shall not entitle the alien to stay on the territory of the Republic of Lithuania before the alien’s application has been examined and a decision on the issue has been taken. Article 29. Renewal of a Residence Permit 1. A residence permit issued to an alien shall be renewed on the grounds specified by this Law. 2. An alien shall file an application for the renewal 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 a Child of the Alien  Born in the Republic of Lithuania 1. An alien who holds a residence permit, for whom a child is born during the period of his residence in the Republic of Lithuania, must within 3 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 a residence permit of the type 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 Alien Minors 1. Unaccompanied  alien minors, regardless of the lawfulness of their stay on the territory of the Republic of Lithuania, shall be taken into temporary guardianship/curatorship for the period of the child’s stay in the Republic of Lithuania. The temporary guardian/curator of an unaccompanied alien minor shall represent the interests of the unaccompanied alien minor. 2. The unaccompanied alien minors, regardless of the lawfulness of their stay on the territory of the Republic of Lithuania, shall have the following rights: 1) to be supplied 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 schools and vocational schools according to the procedure laid down by the Minister of Education and Science; 3) to receive free immediate medical aid in the manner prescribed by the Health Minister; 4) to be provided with free social services in the manner prescribed by the Minister of Social Security and Labour; 5) to receive legal assistance guaranteed by the State; 6) to contact with the representatives of  non-governmental or international organisations of the Republic of Lithuania. 3. Having received information about an unaccompanied alien minor, the Migration Department must together with the organisations indicated in subparagraph 6 of paragraph 2 of this Article and the temporary guardian/curator of the alien minor immediately organise search for the minor’s family members. 4. The issue of the legal status in the Republic of Lithuania of the unaccompanied alien minor shall be addressed when conducting the search for  the family members. Article 33. Time Limits for Examining an Application for the Issue or Renewal of a Residence Permit An alien’s application for the issue or renewal of a residence permit shall be examined: 1) regarding the issue  of a 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 filing of an application with the relevant institution; 2) regarding the issue of a temporary residence permit, except the case provided for in subparagraph 1 of paragraph 1 of this Article - not later than within six months from the day of filing of 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 filing of an application with the relevant institution; 4) regarding the renewal of a temporary residence permit – not later than within 2 months from the day of filing of 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 not longer than a three months period if this is necessary due to the complexity of the examination of the application. 3. The permanent residence permit shall be renewed for an alien not later than within 1 month from the day of filing of an application with the relevant institution. Article 34. Validity of the Decision to Issue or Renew an Alien  Residence Permit 1. The decision to issue or renew a temporary residence permit to an alien shall be valid for three months from the date of making of 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 to issue or renew the permanent residence permit. 2. During the period of validity of the decision to issue or renew an alien’s residence permit the alien may apply for the execution of the residence permit. 3. In case of illness or for other serious reasons beyond the alien’s control, about the presence of which the alien must notify the Migration Department in writing, 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 Renew an Alien’s Residence Permit 1. The alien shall be refused the issue or renewal of a residence permit if: 1) his residence in the Republic of Lithuania may be a threat to public security, public order or  public health; 2) the data which he submitted in order to receive a residence permit is not realistic or illegally obtained or false documents have been submitted  or there is serious ground to believe that a marriage of convenience or an adoption of convenience has been concluded; 3) the alien is on the list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania; 4) there is a serious ground to believe that a marriage of convenience has been concluded; 5) he does not possess adequate means of subsistence for the stay in the Republic of Lithuania. In the case provided for in subparagraph 1 of paragraph 1 of a 46 of this Law it shall be also refused to issue or renew the alien’s residence permit if the alien does not have adequate means of subsistence for the studies and a return trip to his country; 6) he does not own a place of accommodation in the Republic of Lithuania or he does not use accommodation upon a contract of lease or a loan for use contract or does not present an undertaking of a natural or legal person confirmed according to procedure established by law to provide him with accommodation for the period of validity of the temporary residence permit; 7) he does not possess a valid document evidencing mandatory sickness insurance if in the cases provided for by laws he is not insured by compulsory health insurance; 8) there is a serious ground 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 and other sources of international law; 9) he has repeatedly failed within an established time period to meet the obligations indicated in paragraph 1 of  Article 36 of this Law; 10) the alien and his family member who has come to the Republic of Lithuania for family reunification no longer live in a real marital or family relationship. 2. An alien who has been refused the issue or renewal of a residence permit may file an application for the issue of a residence permit after the lapse of at least one year from the taking of the decision to refuse the issue or renewal of a residence permit and after the disappearance of the reasons for which the issue or renewal of the residence permit was refused. 3. The provisions of paragraphs 1 and 2 of this Article shall not be applied in case of renewal 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 the Minister of the Interior in the event of a change of: 1) documents confirming the alien’s personal identity or citizenship; 2) the alien’s marital status; 3) the alien’s place of residence. 2. A state institution or agency or the employer must notify the institution authorised by the  Minister of the Interior about the alien: 1) an 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 – of an alien in possession of temporary residence permit who has terminated economic-commercial or any other declared activities in the Republic of Lithuania; 3) the educational establishment - about expulsion of the alien in possession of a temporary residence permit or his discontinuation of studies; 4) the police or any other law enforcement institution - about an alien who has been detained for an up to 48-hour period or has been imposed a penalty for an administrative offence; 5) the court - about an alien who has been detained or convicted of a committed criminal act  or imposed a penalty for an administrative offence; 6) the Prison Department under the Ministry of Justice of the Republic of Lithuania about an alien who has been detained for the preliminary investigation period or is serving the court- imposed sentence. Article 37. An 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 if 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 according to 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, according to the procedure established by the Minister of the Interior, a travel document of a stateless person provided for in 1954 Convention relating to the Status of Stateless Persons. Article 39. Illegal Residence in the Republic of Lithuania An alien’s residence in the Republic of Lithuania shall be considered as illegal if the alien: 1) is residing in the Republic of Lithuania without a residence permit except in cases where the alien has been granted temporary territorial asylum under this Law; 2) is residing in the Republic of Lithuania holding an invalid residence permit; 3) is residing in the Republic of Lithuania holding a withdrawn residence permit; 4) holds a forged residence permit; 5) holds a falsified travel document. SECTION THREE TEMPORARY RESIDENCE OF ALIENS IN THE REPUBLIC OF LITHUANIA Article 40. Grounds for Issue and Renewal of a Temporary Residence Permit 1. A temporary residence permit may be issued or renewed to an alien if: 1) the alien has retained his right to citizenship of the Republic of Lithuania in the manner prescribed by the Republic of Lithuania Law on Citizenship; 2) the alien is a person of Lithuanian descent; 3) is a case of family reunification; 4) the alien intends to take up employment in the Republic of Lithuania; 5) the alien intends to engage in lawful activities in the Republic of Lithuania; 6) the alien intends to get access to education, to study at an educational establishment, to participate  in internship, training, to take part in professional training; 7) the alien has been put under guardianship/curatorship or he has been appointed guardian/curator; 8) the alien may not be expelled from the Republic of Lithuania according to the procedure established by this Law or his expulsion from the Republic of Lithuania has been postponed according to the procedure established in Article 132 of this Law; 9) the alien has been granted subsidiary protection in the Republic of Lithuania in the manner prescribed by this Law; 10) the alien has been granted temporary protection in the Republic of Lithuania in the manner prescribed by this Law; 11) the alien is unable to leave because he is in a  dangerous state of health  and needs immediate emergency medical aid. The list of such states of health shall be drawn up by the Minister of Health of the Republic of Lithuania; 12) he shall be allowed to remain 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 of trafficking in human beings. The provision shall be applied only to adult aliens.  2. A temporary residence permit may also be renewed at the alien’s request if: 1) the alien has changed his personal data; 2) the permanent residence permit has become unsuitable 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 ground established in paragraph 1 of this Article, is issued  a temporary residence permit or has his temporary residence permit renewed, 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 has produced a valid travel document the validity whereof must by three months exceed the period of validity of the temporary residence permit applied for. 5. An alien who holds a temporary residence permit must, following the change of the circumstances which conditioned the ground for the issue of the permit, obtain a new temporary residence permit. 6. Family members entering into the Republic of Lithuania to join the alien who has been issued a temporary residence permit on the grounds specified in subparagraphs 1 to 5, 9 and 10 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 five year period. 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 (adoptive parents) or one of them who are citizens of the Republic of Lithuania are residing in the Republic of Lithuania; 2) the parents of the minor alien or one of them or the spouse of one of them holding the  residence permit, in whose guardianship the minor alien is, are residing in the Republic of Lithuania; 3) the alien’s child who is a citizen of the Republic of Lithuania is residing in the Republic of Lithuania; 4) the alien’s child who has been granted refugee status and issued a permanent residence permit is residing in the Republic of Lithuania; 5) the alien’s spouse or the person with whom a registered partnership agreement has been contracted and who is a citizen of the Republic of Lithuania or an alien holding a permanent residence permit is residing in the Republic of Lithuania; 6) he is a first-degree  relative in the direct ascending line of an alien who holds a residence permit; 7) an alien’s parents who are incapable to work due to pensionable age or disability and are holding a permanent residence permit are residing in the Republic of Lithuania; 8) in the event of particularly difficult circumstances related to divorce or dissolution of a registered partnership or death of a family member, regulated according to the procedure laid down in paragraph 5 of Article  51 of this Law. In this case the application to issue a temporary residence permit must be filed before the divorce or dissolution of the registered partnership or the day of death of the family member, if the alien has not yet been granted a temporary residence permit for family reunification, or not later than within 6 months after the divorce or dissolution of the registered partnership or the day of death of the family member, if before the divorce or dissolution of the registered partnership or the day of death of the family member the alien held a temporary residence permit issued for family reunification. The temporary residence permit of one year’s duration may be granted under this paragraph. 2. The application to issue a temporary residence permit may be filed by an alien whose family members enter for family reunification or by one of the adult family members. 3. In the cases provided for in subparagraphs 2, 4 to 7 of paragraph 1 of this Article the family member of the alien may be granted or renewed a temporary residence permit if he satisfies the conditions laid down in subparagraphs 2 to 4 of paragraph 1 of Article 26 of this Law or is the person whom they are joining the alien for family reunification ensures according to the procedure laid down by laws that his family member satisfies the said conditions.  4. If a temporary residence permit is granted to the alien according to subparagraph 5 of paragraph 1 of this Article, it must be established according to the procedure established by the Minister of the  Interior whether or not the concluded marriage is not a marriage of convenience. 5. In the event of family reunification an alien shall be issued a residence permit for the  same period as the alien who entered  for residence. 6. The alien indicated in subparagraphs 2, 5 and 6 of paragraph 1 of this Article, whose family members enter for family reunification, must have resided in the Republic of Lithuania for the last 2 years, hold a temporary residence permit issued for a period of validity of one year or more and have reasonable prospects of obtaining the right of permanent residence in the Republic of Lithuania shall be regulated according to the procedure provided for in paragraph 5 of Article 51 of this Law. The family members who join the alien who has been granted the refugee status in the Republic of Lithuania shall be exempt from the requirement. 7. The provisions of subparagraph 5 of paragraph 1 of this Article regarding family unification are to apply when both alien spouses or aliens who have contracted a registered partnership are not younger than 21 years. 8. The aliens who have filed applications for the granting of refuge status in the Republic of Lithuania shall have no right to family unification till their application has not yet given rise to a final decision as well as the aliens who have been granted subsidiary or temporary protection in the Republic of Lithuania shall have no right to family unification. Article 44. Issue of a Temporary Residence Permit to an Alien who Intends to Pursue an Activity as an Employed Person 1. A temporary residence permit may be issued to an alien who intends to pursue an activity as an employed person in the Republic of Lithuania, if he: 1) holds a work permit or 2) in the cases established in paragraph 2 of Article 58 of this Law has been exempted from the requirement to obtain a work permit. 2. An alien who intends to pursue an activity as an employed person shall be issued a temporary residence permit for one year. 3. An alien’s application for the issue of a temporary residence permit may be examined together with the application for the issue of a work permit. 4. Upon the expiry of validity of the work permit an alien must depart from the Republic of Lithuania. Article 45. Issue of a Temporary Residence Permit to an Alien who Intends Carry out the Legal Business 1. The temporary residence permit may be issued to an alien who intends to carry out th …