6.State funds of the Republic of Lithuania shall be allocated for implementing the rights of the asylum applicants specified in paragraphs 1 and 2 of this Article; resources of international organisations, EU structural funds, resources of humanitarian assistance funds established by natural and legal persons of the Republic of Lithuania may also be used to the extent the asylum applicant is unable to guarantee them by the resources and property subject to declaration.
\n
7.Should it become known that the asylum applicant had adequate means for implementing the rights established in paragraph 1 of this Article at the time when these basic needs were being covered for him, he must refund the related expenses of the state.
\n
Article 95Issue of Personal Documents to Aliens who have been Granted Temporary Protection in the Republic of Lithuania
\n
1.The Migration Department shall issue aliens who have been granted temporary protection in the Republic of Lithuania temporary residence permits which shall be valid for the entire duration of the protection.
\n
2.The aliens who have been granted temporary protection but are still in a foreign country shall be provided by the Migration Department with travel documents 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1.Temporary protection granted to an alien the Republic of Lithuania shall be withdrawn if:
\n
1)the alien can return to his country of origin;
\n
2)the alien departs to a foreign country for residence;
\n
3)the reasons specified in paragraph 1 of Article 93 of this Law are disclosed.
\n
2.The decision concerning the withdrawal of temporary protection for an alien in the Republic of Lithuania shall be taken 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 an EU Member State may enter the Republic of Lithuania and stay in it for up to a three-month period counting from the first day of entry into the Republic of Lithuania.
\n
2.Family members of an EU Member State citizen may be admitted to the Republic of Lithuania together with a citizen of an EU Member State or come on a visit 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
1.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 documents, 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 public security, public order or public health.
\n
Article 99Residence in the Republic of Lithuania
\n
1.A citizen of an EU Member State who enters the Republic of Lithuania for residence for a longer than a 3-month period in any half-year and meets at least one of the grounds provided in paragraph 1 of Article 101 of this Law shall declare his place of residence according to the procedure established by the Law on the Declaration of the Place of Residence.
\n
2.Family Members of a citizen of an EU Member State who are not citizens of an EU Member State, having entered the Republic of Lithuania for residence for a longer than a 3-months period in any half year accompanying a citizen of an EU Member State or joining him must obtain an EU residence permit.
\n
3.Declaring his place of residence a citizen of an EU Member State shall submit according to the procedure established by the Minister of the Interior documents attesting the grounds provided by paragraph 1 of Article 101 of this Law.
\n
4.The decisions on the issue, extension and withdrawal of the EU residence permits shall be taken to aliens who are citizens of an EU Member State and to their family members shall be taken and the EU residence permits shall be issued, extended to them, renewed or withdrawn according to the procedure established in this Law by the institutions authorised by the Minister of the Interior.
\n
Article 100Time Limits of Processing Applications for the Issue or Renewal of the EU Residence Permit
\n
An application for the issue or renewal of the EU residence permit must be processed within one month from the date of filing of the application to the appropriate institution.
\n
Article 101Grounds for the Right of a Citizen of a Member State of the European Union 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 to reside in the Republic of Lithuania if he:
\n
1)is a worker or a self-employed person;
\n
2)has adequate means of subsistence for himself or the accompanying or joining family members sufficient for his stay in the Republic of Lithuania and a valid document in evidence that he has sickness insurance coverage;
\n
3)he is a student, pupil, trainee, participant in advance training or professional training courses, has adequate means of subsistence for himself or the accompanying or joining family members, sufficient for his stay in the Republic of Lithuania, and a valid document in evidence that he has sickness insurance coverage;
\n
4)is a member of the family of an EU member state citizen, who accompanies or joins him.
\n
2.Members of the family of an EU Member State citizen who are not citizens of an EU Member State shall have the right to obtain the EU residence permit when they enter the Republic of Lithuania accompanying a citizen of the Republic of Lithuania, availing themselves of the right of freedom of movement in the EU or joining him from the territory of another EU Member State.
\n
3.In the case indicated in subparagraph 3 of paragraph 1 of this Article only the spouse, the person with whom a registered partnership agreement has been concluded, dependent children and dependent relatives according to direct ascending line of a citizen of an EU Member State, his spouse or the person with whom a registered partnership agreement has been concluded shall have the right to reside in the Republic of Lithuania.
\n
Article 101(1). Retention of the Right to Reside in the Republic of Lithuania for the Family Members of a Citizen of an EU Member State 1. Family members of a citizen of an EU Member State shall retain the right to reside in the Republic of Lithuania in the following cases:
\n
1)if the citizen of an EU Member State dies or departs from the Republic of Lithuania, when the family members hold the citizenship of an EU Member State and comply with the grounds established in paragraph 1 of Article 101 of this Law;
\n
2)if the citizen of an EU Member State dies, then the family members are not citizens of an EU Member State if they reside in the Republic of Lithuania as family members for at least one year after the death of the citizen of an EU Member State;
\n
3)after the annulment of the marriage, divorce and termination of the registered partnership agreement, when the family member holds the citizenship of an EU Member State and complies with the grounds established in paragraph 1 of Article 101 of this Law;
\n
4)after the annulment of the marriage, divorce and termination of the registered partnership agreement, when the family member is not a citizen of an EU Member State, if the marriage or registered partnership lasted not less than 3 years, of them one year in the Republic of Lithuania, or if the family member holds guardianship or custodianship over the children of the citizen of an EU Member State of if the divorce occurred through the fault of the other spouse (a citizen of an EU Member State);
\n
5)if the citizen of an EU Member State dies or departs from the Republic of Lithuania – to his children, regardless of their citizenship, and one of the parents, who holds guardianship over the children until the end of the appropriate programme of formal education started by the children.
\n
2.The family members indicated in subparagraphs 2 and 4 of paragraph 1 of Article 101 of this Law, when applying for the acquisition of the right to permanently reside in the Republic of Lithuania, shall submit the documents certifying the grounds established in subparagraphs 1 and 2 of paragraph 1 of Article 101 of this Law.
\n
Article 102Validity of the EU Residence Permit
\n
1.An EU residence permit shall be executed for 5 years or for the period of intended residence in the Republic of Lithuania for a citizen of an EU Member State if this period is shorter than 5 years.
\n
Article 103Relieving of 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 under an employment contract shall not be required to obtain a work permit.
\n
Article 104Grounds for Permanent Residence in the Republic of Lithuania
\n
1.An EU Member State citizen, who legally resided in the Republic of Lithuania for the last 5 years or for whom the right to the citizenship of the Republic of Lithuania has been retained according to the procedure established by the Law on Citizenship or who is a person of Lithuanian descent or has come to the Republic of Lithuania accompanying a citizen of an EU Member State as his family member, shall acquire the right to permanently reside in the Republic of Lithuania.
\n
2.The family members of a citizen of an EU Member State, indicated in paragraph 1 of this Article, shall also acquire the right to permanently reside in the Republic of Lithuania. if they have legally resided in it for the last 5 years with the citizen of an EU Member State or they have been retained the right to reside in the Republic of Lithuania according to paragraph 1 of Article 101(1) of this Law.
\n
3.The Minister of the Interior shall establish the exceptional cases when the right of permanent residence in the Republic of Lithuania shall be granted to a citizen of an EU Member State or his family members who have legally resided in Republic of Lithuania for less than 5 years.
\n
4.The citizen of an EU Member State shall be issued the document certifying his right to permanently reside in the Republic of Lithuania of the form established by the Minister of the Interior.
\n
5.A family member of a citizen of an EU Member State who is not a citizen of an EU Member State shall be issued the EU residence permit in validation of his right to permanently reside in the Republic of Lithuania, which shall be executed for a 10 year period, with the intended extension upon the expiry of the period.
\n
6.The period of absence from the Republic of Lithuania in excess of 6 moths per one year may be grounds for refusing to grant the right to permanently reside in the Republic of Lithuania, except in cases when absence from the Republic of Lithuania is due to serious reasons (due to pregnancy, child-bearing, serious illness, studies, professional education course or placement in a third country or in other cases established according to paragraph 8 of this Article.
\n
7.The acquired right to permanently reside in the Republic of Lithuania shall be lost if the person departs from the Republic of Lithuania for a longer period than 2 consecutive years.
\n
8.The procedure regulating the issue to a citizen of an EU Member State of a certificate in confirmation of his right to permanently reside in the Republic of Lithuania and the issue, extension and withdrawal of the EU residence permit to family members of a citizen of an EU Member State who are not citizens of an EU Member State shall be established by the Minister of the Interior.
\n
Article 105The Article shall be Repealed
\n
Article 106Withdrawal of the Right to Reside in the Republic of Lithuania
\n
1.The right of an EU Member State citizen and/or his family members to reside in Republic of Lithuania may be withdrawn if the stay of the citizen and/or his family members An EU Member State citizen or his family member shall be refused issue or extension of the EU residence permit or the permit shall be withdrawn if the stay of the citizen and/or his family members in the Republic of Lithuania would pose a threat state security and public order.
\n
2.If an EU Member State citizen has been withdrawn the right to reside in the Republic of Lithuania, his family members shall also be withdrawn the right, except in cases when they are entitled to reside in Republic of Lithuania on other grounds established by this Law.
\n
3.The decision on the withdrawal of the right to reside in the Republic of Lithuania on the grounds provided in paragraph 1 of this Article shall be taken by the Vilnius Regional Administrative Court.
\n
4.Upon the withdrawal of the right to reside 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 are expelled according 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 for aliens holding a residence permit conditions for integration into political, social, economic and cultural life of the state in accordance with the procedure established by laws.
\n
2.State resources of the Republic of Lithuania shall be allocated for implementing the Lithuanian State policy in the sphere of alien integration; resources of international organisations, EU structural funds, humanitarian assistance funds established by natural and legal persons, non-governmental organisations may also be used for the purpose.
\n
Article 108Lithuanian State Support for Integration of Aliens
\n
1.The aliens who have been granted asylum in the Republic of Lithuania shall be provided 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.Implementation of 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 in conjunction with municipalities and non-governmental organisations shall organise and implement the provision of 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 support provided by the Lithuanian State to the integration of aliens who have been granted asylum in the Republic of Lithuania.
\n
Article 110Areas of Support by the Lithuanian State for the Integration of Aliens Granted Asylum in the Republic of Lithuania
\n
Areas of support for the integration of aliens who have been granted asylum in the Republic of Lithuania, established by the laws of the Republic of Lithuania on state support and other legal acts:
\n
1)state language teaching;
\n
2)education;
\n
3)employment;
\n
4)provision with 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 in the Republic of Lithuania Law Citizenship.
\n
CHAPTER VII
\n
FREEDOM OF MOVEMENT OF ALIENS IN THE REPUBLIC OF LITHUANIA
\n
Article 112Restriction of Alien’s Freedom of Movement in the Republic of Lithuania
\n
1.The alien’s freedom of movement may be restricted in the Republic of Lithuania only in the interests of state security or public order, or public health or morals, for crime prevention purposes or seeking to protect 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 into the Republic of Lithuania without a permit:
\n
2)if the alien has illegally entered into or stays in the Republic of Lithuania, except in cases when he has filed an application for refuge in the Republic of Lithuania;
\n
3)when it is attempted to return the alien to the country from whence he has come if the alien has been refused entry into the Republic of Lithuania;
\n
4)when the alien is suspected of using forged documents;
\n
5)if a decision on the expulsion of the alien from the Republic of Lithuania has been taken;
\n
6)in order to stop the spread of dangerous and especially dangerous communicable diseases;
\n
7)when the alien’s stay in the Republic of Lithuania constitutes a threat to public security, public order 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 of over 48 hours on court order.
\n
3.An alien below the age of 18 years may be detained only in an extreme case when the alien’s best interests are the main consideration.
\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 public security and public order, provides assistance to the court in determining the alien’s 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 grant him a measure alternative to detention.
\n
2.Measures alternative to detention shall be as follows:
\n
1)requiring that the alien regularly at the fixed time report at the appropriate territorial police agency;
\n
2)requiring that the alien communicate his whereabouts at the fixed time by communication means to the appropriate territorial police agency;
\n
3)entrusting the care of an unaccompanied alien minor to a relevant social agency;
\n
4)entrusting the care of the alien, pending the resolution of the issue of his detention, to a citizen of the Republic of Lithuania or an alien legally resident in the Republic of Lithuania who is related to the alien, provided that the person undertakes to take care of and to support the alien;
\n
5)accommodating the alien at the Foreigners’ Registration Centre without subjecting him to restriction of freedom of movement.
\n
3.In the event of failure to implement the measures alternative to detention imposed by the order of the court the territorial police agency shall apply to the court with a motion to detain the alien.
\n
4.When taking a decision to impose a measure alternative to detention, the deadline for its application must be set.
\n
5.The measure alternative to detention indicated in subparagraph 5 of paragraph 2 of this Law may be imposed only on applicants for refuge.
\n
Article 116Applying to the Court with a Motion to Detain an Alien or to Grant him 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 with a motion to detain the alien for a period of over 48 hours or to grant 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 granting him a measure alternative to detention the alien shall be entitled legal assistance guaranteed by the State of Lithuania.
\n
2.The court shall hear the motion specified in paragraph 1 of this Article under the procedure prescribed by the Law on Administrative Proceedings and this Law.
\n
3.The court’s decision to detain the alien or to grant him a measure alternative to detention must be forthwith announced in a language which the alien understands, indicating the reasons of his detention or of granting of measures alternative to detention. The court’s decision to detain the alien or to grant 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 regional court’s decision to detain him or to extend the detention period or to apply measures alternative to detention with respect to the alien. The appeal may be submitted through the Foreigners’ Registration Centre. The Foreigners’ Registration Centre shall transfer the appeal 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 118Reconsideration 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 shall immediately apply to the regional court of the locality of his residence with a request for reconsideration of the decision to detain the alien.
\n
2.Upon receipt of the application for reconsideration of the decision to detain the alien, filed 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 reconsider the decision concerning the alien’s detention 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 regional court listed in paragraph 2 of this Article shall become effective from the date of their passing.
\n
4.The court’s decision may be appealed according to the procedure set forth in paragraph 1 of Article 117 of this Law.
\n
Article 119Termination of Detention
\n
1.Upon the disappearance of the grounds for the alien’s detention the alien shall be immediately released based on the effective court’s decision.
\n
2.If the alien’s detention period expires, he must be promptly released from the place of detention.
\n
CHAPTER VIII
\n
IDENTIFICATION OF A PERSON
\n
Article 120Identification 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 seize temporarily 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 is established.
\n
2.When carrying out the identification, an officer of the police or any other law enforcement institution shall have a right to carry a body search and inspect his personal belongings according to 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 purposes of identification an alien may be photographed and fingerprinted when he:
\n
1)files an application for granting him asylum in the Republic of Lithuania;
\n
2)has been detained for illegal entry into, stay, residence in the Republic of Lithuania, 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 alien’s 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 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 case 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 the asylum applicants whose DNA test 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 for the 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 has to be determined. Determining the age of an alien who is a minor the test shall be performed only with the consent of the alien’s parents, other legal representatives or temporary guardian (curator).
\n
3.If the alien refuses to undergo an age determination test, he shall be considered as not meeting the conditions set by paragraph 1 of Article 26 of this Law.
\n
4.If the alien who applies for the granting of asylum in Republic of Lithuania refuses to undergo an age determination test for no justifiable reasons, other information that cannot be confirmed by written evidence shall be assessed in accordance with paragraph 2 of Article 83 of this Law.
\n
5.The expenses related to the performance of the age determination test shall be covered by the alien except for the 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 the visa or temporary residence permit.
\n
2.An alien must depart from the Republic of Lithuania before the end of his visa-free stay set by an international treaty of the Republic of Lithuania, an EU legal act or the Government of the Republic of Lithuania.
\n
3.An alien shall be prohibited from departing from the Republic of Lithuania in the cases prescribed by laws.
\n
Article 125Obliging to Depart from the Republic of Lithuania
\n
An alien shall be obliged to depart from the Republic of Lithuania if:
\n
1)the alien’s visa has been cancelled;
\n
2)the alien’s temporary residence permit or permanent residence permit has been withdrawn;
\n
3)the alien is staying in the Republic of Lithuania after the expiry of validity of the visa;
\n
4)the alien is staying in the Republic of Lithuania after the expiry of the temporary residence permit;
\n
5)the alien lawfully entered into the Republic of Lithuania, but is staying in the Republic of Lithuania without possessing a temporary or a 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 in a state set by an international treaty of the Republic of Lithuania, an EU legal act or the Government 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 requirement obliging him to depart from the Republic of Lithuania within a set time period;
\n
2)the alien has entered into or is staying in the Republic of Lithuania illegally;
\n
3)the alien’s stay in the Republic of Lithuania constitutes a threat to public security or public order.
\n
2.Provisions of subparagraphs 1 and 2 of paragraph 1 of this Article shall not apply to the aliens who may be returned to the country of origin or a foreign country as well as to asylum applicants. Such aliens shall be returned according to the provisions of Article 129 of this Law.
\n
3.Provisions of subparagraph 3 of paragraph 1 of this Article shall not apply to the aliens who may be returned to the country of origin or a foreign country.
\n
Article 127
\n
Time Limits and Procedure of Implementing the Decisions regarding Requirement Obliging to Depart, Expulsion, Return and Passage in Transit through the Territory of the Republic of Lithuania 1. The decision obliging an alien to depart from the Republic of Lithuania shall be implemented within 15 days from the day of the serving thereof on the alien. The decision obliging a citizen of an EU Member state and/or his family members to depart from the Republic of Lithuania shall be implemented within one month from the day of serving of the decision on the alien 2. The decision regarding the expulsion of an alien from the Republic of Lithuania must be implemented without delay, unless there are circumstances which allow for the postponement of the implementation of the decision.
\n
3.The decision on obliging an alien to depart from the Republic of Lithuania shall be taken and the implementation thereof shall be supervised by the police and the State Border Protection Service according to their respective competence.
\n
4.The decision on the expulsion of an alien on the grounds set forth by subparagraphs 1 and 3 of paragraph 1 of Article 126 of this Law shall be taken by the Migration Department, on the expulsion of an alien on the ground set forth by subparagraph 3 of paragraph 1 of Article 126 – by the Vilnius District Administrative Court, while the said decisions shall be implemented by the State Border Protection Service or the police.
\n
5.The decision on the return of an alien or on his transit through the territory of the Republic of Lithuania shall be taken by the Migration Department or the State Border Protection Service, whereas the decisions shall be implemented by the police or the State Border Protection Service.
\n
6.The procedure regulating the making of decisions on obliging 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 Expulsion of an Alien from the Republic of Lithuania May be Postponed 1. When taking a decision to expel an alien from the Republic of Lithuania account shall be taken of:
\n
1)the period of his lawful stay in the Republic of Lithuania;
\n
2)his family relationship with persons resident in the Republic of Lithuania;
\n
3)his social, economic and other connections in the Republic of Lithuania;
\n
4)type and extent of dangerousness of the committed violation of law.
\n
2.The implementation of the decision regarding the expulsion of an alien from the Republic of Lithuania shall be suspended if:
\n
1)the decision regarding the expulsion of an alien from the Republic of Lithuania is appealed against in the court, except in cases when the alien must be expelled in view of the threat constituted by the alien to state security or public order;
\n
2)the foreign country to which the alien may be expelled refuses to accept him ;
\n
3)the alien is in need of immediate medical aid, the necessity of which shall be 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.With the disappearance of the reasons indicated in paragraph 2 of this Article the decision concerning expulsion of the alien from the Republic of Lithuania must be implemented without delay.
\n
Article 129Return
\n
1.Aliens, including alien minors below the age of 18 years who stay illegally on the territory of the Republic of Lithuania may be returned voluntarily or by force to the country of origin or to a foreign country to which they have the right to depart.
\n
2.An unaccompanied alien minor shall be returned only provided that he will be duly taken care of in the foreign country to which the alien minor is returned, having regard to his needs, age and level of independence.
\n
3.In case an unaccompanied alien minor 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 ground set in subparagraph 8 of paragraph 1 of Article 40 of this Law.
\n
4.The question of the alien’s return shall be decided in cooperation with foreign countries and international organisations according to the concluded international treaties.
\n
Article 130Prohibition to Expel or to Return an Alien
\n
1.It shall be prohibited to expel or to return an alien to a country where his life or freedom is under threat as he may be subjected to persecution on the grounds of race, religion, citizenship, political opinion or membership of a social group or to a country from whence he may later be expelled into such a 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 the country the alien will be tortured, subjected to cruel, inhuman or degrading treatment or punishment.
\n
3.An alien shall be exempt from the provisions of paragraph 1 of this Article if he, for valid reasons, constitutes a danger to the security of the Republic of Lithuania or by an effective court sentence he has been declared guilty of a heavy or extremely heavy offence and poses a threat to the public.
\n
4.The alien shall not be expelled from the Republic of Lithuania, neither will he be returned to a foreign state, if he has been granted a period of grace, over which he, as the present or former victim of crime, linked to trafficking in human beings, must decide whether to cooperate the pre-trial investigation body or the court.
\n
Article 131Resources of Expulsion or Return
\n
1.An alien shall not be expelled from the Republic of Lithuania or returned to the country of origin or foreign state to which he has the right to proceed:
\n
1)at his own expense;
\n
2)with the resources of the natural or legal person who invited the alien to the Republic of Lithuania;
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3)at the expense of the carriers in the cases established by the laws of the Republic of Lithuania.
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2.In the absence of resources provided for by subparagraph 1 of this Article, the alien shall be expelled from the Republic of Lithuania or returned at the expense of the State. The said state resources shall be recovered according to the procedure established by legal acts from the natural or legal persons who invited the alien into the Republic of Lithuania or from the carriers brought the alien to the Republic of Lithuania.
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Article 132Issue of a Temporary Residence Permit to an Alien whose Expulsion from the Republic of Lithuania has been Suspended
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If an alien’s expulsion from the Republic of Lithuania is suspended due to the circumstances provided for by subparagraphs 2 to 4 of paragraph 2 of Article 128 of this Law and the circumstances have not disappeared within one year from the suspension of enforcement of the decision to expel the alien, he shall be issued a temporary residence permit on the grounds set in subparagraph 8 of paragraph 1 of Article 40 of this Law.
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Article 133Prohibition to Enter into the Republic of Lithuania
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1.An alien who has been refused a visa of the Republic of Lithuania or the visa has been cancelled, who has been refused entry into the Republic of Lithuania, has been obliged to depart, expelled from the Republic of Lithuania or returned to the country of origin or a foreign country, who attempted to illegally depart or departed from the Republic of Lithuania, whose entry into and stay in the Republic of Lithuania would constitute a threat to public security or public order may be prohibited from entering into the Republic of Lithuania for a fixed or an indefinite period of time.
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2.The provisions of paragraph 1 of this Article may be derogated from 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.
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3.The list of aliens for whom an alert has been issued for the purpose of refusing entry into the Republic of Lithuania shall be drawn up and administered by the Migration Department according to the procedure established by the Government of the Republic of Lithuania.
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4.The decision to prohibit (not to prohibit) the alien to enter the Republic of Lithuania shall be taken by the Migration Department.
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Article 134Alien’s Transfer in Transit through the Territory of the Republic of Lithuania
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1.An alien may be transferred under an international treaty of the Republic of Lithuania or an EU legal act 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 proceed to the foreign country as well as evidence of necessity of transit through the territory of the Republic of Lithuania.
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2.The transfer of an alien through the territory of the Republic of Lithuania shall be prohibited if:
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1)the reasons specified in paragraphs 1 and 2 of Article 130 of this Law are established in the country of transfer;
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2)the transfer of the alien would constitute a threat to public security, public order or public health of the Republic of Lithuania.
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Article 135Illegal Departure from the Republic of Lithuania
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1.An alien’s departure from the Republic of Lithuania shall be considered illegal if the alien:
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1)departs from the Republic of Lithuania otherwise than through the border control post;
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2)departing from the Republic of Lithuania produces another person’s documents or forged documents;
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3)departs from the Republic of Lithuania despite the application with respect to him of restrictions of freedom of movement in the Republic of Lithuania;
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3)attempts to depart from the Republic of Lithuania possessing no valid travel document.
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2.An alien who attempted to illegally depart or illegally departed from the Republic of Lithuania may be prohibited from entering the Republic of Lithuania for a definite or an indefinite period of time.
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CHAPTER X
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APPEALING AGAINST THE DECISIONS ON THE LEGAL STATUS OF ALIENS AND SUBMITTING APPEALS TO THE VILNIUS DISTRICT ADMINISTRATIVE COURT
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Article 136Right of Appeal against a Decision
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Decisions taken in accordance with this Law may be appealed against according to the procedure established by this Law and the Law on Administrative Proceedings.
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Article 137Filing an Appeal
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1.An appeal against a decision taken in accordance with this Law may be filed with the appropriate administrative court in the manner and under the conditions established by the Law on Administrative Proceedings, except in the cases provided for in this Law.
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2.An appeal against a decision taken in accordance with this Law, if the decision has been taken on the application submitted on behalf of the family according to paragraph 2 of Article 67 of this Law, may be filed by an alien who submitted the application on behalf of the family or by any adult family member.
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Article 138Time Limits for Filing an Appeal
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An alien may file an appeal against the decision taken under this Law to an appropriate district administrative court within 14 days from the day of filing of the decision.
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Article 139Suspension of Implementation of the Decision Appealed against
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1.The implementation of a decision appealed against shall be suspended when:
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1)the alien’s residence permit is being withdrawn;
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2)the alien who filed 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;
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3)the alien is refused asylum and is obliged to depart from the Republic of Lithuania, is expelled from it or is returned to a foreign country or the country of origin, the processing of the asylum application is terminated or the granted asylum is withdrawn;
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4)the alien is expelled from the Republic of Lithuania.
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2.The provisions of subparagraphs 4 of paragraph 1 of this Article shall not apply in cases where the ground for expulsion is connected with the threat to public security or public order constituted by the alien’s stay in the Republic of Lithuania.
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3.In the cases not specified in paragraph 1 of this Article the implementation of the taken decision shall be suspended following the passing of a ruling by the relevant administrative court.
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Article 140Hearing of Appeals and Requests to Adopt a Decision, Adoption of Decision and Appealing against it
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1.The courts shall hear the appeals and requests to adopt a decision and shall adopt decisions according to the procedure established by the Law on Administrative Proceedings and this Law.
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2.The court shall hear the appeal or the request to adopt a decision not later than within 2 months from the day the court passed the ruling on the admissibility of the appeal.
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3.Upon hearing the case the court shall adopt one of the following decisions:
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1)to reject the appeal or request as inadmissible;
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2)to grant the appeal or request.
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4.The adopted decision may be appealed to the Supreme Administrative Court of Lithuania within 14 days from the announcement of the decision.
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Article 140(1) Appealing to the Vilnius District Administrative Court with a Request to Adopt a Decision on Withdrawing the Alien’s Right to Reside in the Republic of Lithuania and/or Expulsion of the Alien from the Republic of Lithuania 1. The State Security Department shall apply to the Vilnius District Administrative Court concerning the danger indicated in subparagraph 2 of paragraph 1 of Article 54, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90 of this Law, paragraph 1 of Article 106 and subparagraph 3 of paragraph 126 of this Law posed by the alien to the public order with a request to adopt a decision to withdraw the right of the alien to reside in the Republic of Lithuania and/or to expel the alien from the Republic of Lithuania.
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2.The Police Department under the Ministry of the Interior or the territorial police establishment at the behest of the General Commissar of the Lithuanian Police shall apply to the Vilnius District Administrative Court concerning the danger indicated in subparagraph 2 of paragraph 1 of Article 54, subparagraph 8 of paragraph 1 and subparagraph 4 of paragraph 2 of Article 90 of this Law, paragraph 1 of Article 106 and subparagraph 3 of paragraph 126 of this Law posed by the alien to the public order with a request to adopt a decision to withdraw the right of the alien to reside in the Republic of Lithuania and/or to expel the alien from the Republic of Lithuania.
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3.The request to adopt the decision shall comply with the requirements of the Law on Administrative proceedings. The administrative cases may be heard on the requests specified in paragraphs 1 and 2 of this Law by using factual data which constitute state or service secret and with the Migration Department participating. These data shall be exempt from the provisions on disclosure provided in the Laws on Administrative Proceedings.
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CHAPTER XI
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FINAL PROVISIONS
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Article 141Right to Receive Information from State and Municipal Institutions and Agencies
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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.
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Article 142Processing of Data relating to Aliens
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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.
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2.The founder of the Register of Aliens is the Government of the Republic of Lithuania which shall approve the Regulations of the register.
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3.The data of the Register of Aliens shall be processed in compliance with this Law, the Law on Legal Protection of Personal Data, other legal acts and international treaties.
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Article 143Liability of Aliens
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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.
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Article 144International Agreements
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If international agreements to which the Republic of Lithuania is a party provide otherwise than this Law, provisions of the international agreements shall apply.
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Article 145Application of More Favourable Provisions
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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.
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Article 146Implementation of the Law
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1.The procedure for implementing this Law shall be set forth by the Republic of Lithuania Law on the Implementation of the “Law on the Legal Status of Aliens”.
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2.Upon the entry into fore of this Law the following laws shall be repealed:
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1)Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (1995);
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2)Law Amending Article 15 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (1996);
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3)Law Repealing Article 18 and Amending Article 19 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (1997);
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4)Law Amending Article 5 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (1998);
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5)Republic of Lithuania Law “On the Legal Status of Aliens” (1998);
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6)Law Amending Articles 5, 7, 10, 14 of Republic of Lithuania Law “On the Legal Status of Aliens” (1999);
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7)Law Amending Articles 19 and 26 of Republic of Lithuania Law “On the Legal Status of Aliens” (2000);
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8)Law Amending Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (2000);
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9)Law Amending Article 7 of Republic of Lithuania Law “On the Legal Status of Aliens” (2000);
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10)Law Amending Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (2000);
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11)Law Amending Article 8, 9 and 11 of Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” (2000);
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12)Law Amending Republic of Lithuania Law “On the Legal Status of Aliens” (2001);
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13)Law Amending Articles 2, 4, 5, 6, 8, 9, 10, 11, 13, 14, 18, 22, 26 of Republic of Lithuania Law “On Refugee Status” and Supplementing the Law with Articles 121 , 122 , 123 , 124 ; 125, 126 :(2002)
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14)Law Amending Articles 4 and 7 of Republic of Lithuania Law “On Refugee Status” (2003).
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ANNEX to the Republic of Lithuania Law on the Legal Status of Aliens 1. Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain on the territory of a Member State after having been employed in that State 2. Council Directive 77/486/EEC of 25 July 1977 on the education of the children of migrant workers 3. Council Resolution of 20 June 1994 on limitation on admission of third-country citizens to the territory of the Member States for employment 4. Council Resolution of 30 November 1994 on the admission of third-country citizens to the territory of the Member States for study purposes 5. Council Resolution of 30 November 1994 relating to the limitations on the admission of third-country citizens to the territory of the Member States for the purpose of pursuing activities as self-employed persons 6. 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 7. Council Resolution of 20 June 1995 on minimum guarantees for asylum Procedures 8. Council Resolution of 25 September 1995 on burden- sharing with regard to the admission and residence of displaced persons on a temporary basis 9. Council recommendation of 22 December 1995 on harmonizing means of combating illegal immigration and illegal employment and improving the relevant means of control 10. 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 11. 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 12. Council resolution of 4 March 1996 on the status of third-country citizens residing on a long-term basis on the territory of the Member States 13. 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 14. Council Recommendation of 27 September 1996 on combating the illegal employment of third-country citizens 15. Council Resolution of 26 June 1997 on unaccompanied minors who are citizens of third countries 16. Council Resolution of 4 December 1997 on measures to be adopted on the combating of marriages of convenience
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17.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 18. Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose citizens must be in possession of visas when crossing the external borders and those whose citizens are exempt from that requirement 19. Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country citizens 20. Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa 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 22. Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose citizens must be in possession of visas when crossing the external borders of Member States and those whose citizens are exempt from that requirement 23. 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 24. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers 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) 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) 27. 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) 28. 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)
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29.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) 30. 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 Special edition, L 375, p. 12)