Law of the Republic of Lithuania on Citizenship (2002, as amended 2006) (English)

Official translation

REPUBLIC OF LITHUANIA

LAW ON CITIZENSHIP

17 September 2002 No IX-1078

(as amended by 18 July 2006 No. X – 768)

Vilnius

CHAPTER 1

GENERAL PROVISIONS

Article 1. Citizens of the Republic of Lithuania

The following persons shall be citizens of the Republic of Lithuania:

1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great-grandchildren (provided that the persons, their children, grandchildren or great-grandchildren did not repatriate);

 2) persons who permanently resided in the present-day territory of the Republic of Lithuania in the period from 9 January 1919 to 15 June 1940, as well as their children, grandchildren and great-grandchildren, provided that on the day of coming into force of the Law on Citizenship they were and at the present time permanently reside in the territory of the Republic of Lithuania and are not citizens of any other state;

3) persons of Lithuanian descent if they are not citizens of any other state. A person whose parents or grandparents or one of the parents or grandparents is or was Lithuanian and the person considers himself Lithuanian shall be considered as being a person of Lithuanian descent;

4) persons who acquired citizenship of the Republic of Lithuania prior to 4 November 1991 under the Law on Citizenship adopted on 3 November 1989;

5) other persons who have acquired citizenship of the Republic of Lithuania under the Law on Citizenship adopted on 5 December 1991.

Article 2. Documents Confirming Citizenship of the Republic of Lithuania

1. Documents confirming citizenship of the Republic of Lithuania shall be the passport of a citizen of the Republic of Lithuania, identity card and passport.

2. The procedure for issuing an identity card shall be established by the Law of the Republic of Lithuania on the Identity Card, the procedure for issuing a passport - by the Law of the Republic of Lithuania on the Passport.

Article 3. Legal Status of Citizens of the Republic of Lithuania

1. Citizens of the Republic of Lithuania shall have all social and economic, political and personal rights and freedoms that are enshrined in and guaranteed by the Constitution and laws of the Republic of Lithuania, and international treaties of the Republic of Lithuania.

2. A citizen of the Republic of Lithuania must observe the Constitution and laws of the Republic of Lithuania, perform the duties prescribed thereunder, safeguard the interests of the Republic of Lithuania, help strengthen its might and authority, be loyal to it.

Article 4. Retention of Citizenship of the Republic of Lithuania in case of Marriage and Divorce

Contraction of a marriage by a citizen of the Republic of Lithuania with a foreign national or with a stateless person, also dissolution of such marriage shall not by itself change the citizenship of either spouse.

Article 5. Retention of Citizenship of the Republic of Lithuania

1. Residence by a citizen of the Republic of Lithuania in a foreign state shall not by itself entail loss of citizenship of the Republic of Lithuania.

2. The State of Lithuania shall protect and take care of the citizens of the Republic of Lithuania beyond the borders of the Republic of Lithuania.

Article 6. Prohibition of Extradition of Citizens of the Republic of Lithuania

It shall be prohibited to extradite a citizen of the Republic of Lithuania to another state.

CHAPTER 2

ACQUISITION OF CITIZENSHIP OF THE REPUBLIC OF LITHUANIA

Article 7. Ways of Acquiring Citizenship of the Republic of Lithuania Citizenship of the Republic of Lithuania shall be acquired:

1) by birth;

2) by exercising the right to citizenship of the Republic of Lithuania;

3) by being granted citizenship of the Republic of Lithuania (naturalisation);

4) by voicing one's option or on other grounds, as provided for by international treaties of the Republic of Lithuania;

5) on other grounds provided for by this Law.

Article 8. Citizenship of Children whose Parents are Citizens of the Republic of Lithuania

A child, both of whose parents at the moment of his birth were citizens of the Republic of Lithuania, shall be a citizen of the Republic of Lithuania regardless of whether he was born in the territory of the Republic of Lithuania or beyond its borders.

Article 9. Citizenship of Children one of whose Parents is a Citizen of the Republic of Lithuania

1. If the parents of a child hold citizenship of different states and at the moment of the child's birth one of the parents was a citizen of the Republic of Lithuania, the child shall be a citizen of the Republic of Lithuania if he was born in the territory of the Republic of Lithuania.

2. If the parents of a child hold citizenship of different states and at the moments of the child's birth one of them was a citizen of the Republic of Lithuania, the citizenship of the child born beyond the boundaries of the Republic of Lithuania, until he is 18 years of age, may be determined by agreement between the parents.

3. A child, one of whose parents at the moment of his birth was a citizen of the Republic of Lithuania and the other parent was either a stateless person or unknown, shall be a citizen of the Republic of Lithuania regardless of the place of the child's birth.

Article 10. Acquiring Citizenship of the Republic of Lithuania by Children Whose Parents are Stateless Persons

A child born in the territory of the Republic of Lithuania, whose parents are stateless persons permanently residing in Lithuania, shall acquire citizenship of the Republic of Lithuania.

Article 11. Citizenship of Children Whose Parents are Unknown

A child found in the territory of the Republic of Lithuania, both of whose parents are unknown, shall be considered born in the territory of the Republic of Lithuania and shall be a citizen of the Republic of Lithuania, unless circumstances are disclosed whereunder the child would acquire a different status.

Article 12. Conditions for Granting Citizenship of the Republic of Lithuania

1. Upon submitting an application, a person may be granted citizenship of the Republic of Lithuania, provided that he agrees to take the oath of allegiance to the Republic of Lithuania and meets the following conditions:

1) has passed the examination in the Lithuanian language;

2) at the time of submission of the application is permanently residing in the territory of the Republic of Lithuania;

3) has been residing in the territory of the Republic of Lithuania for the last ten years;

4) has a legal source of support in the territory of the Republic of Lithuania;

5) has passed the examination in the basic provisions of the Constitution of the Republic of Lithuania;

6) is a stateless person or is a citizen of a state under the laws of which he shall lose citizenship of the said state upon acquiring citizenship of the Republic of Lithuania and notifies in writing of his decision to renounce citizenship of another state held by him after he is granted citizenship of the Republic of Lithuania.

2. The procedure of examination in the Lithuanian language (state language) and in the basic provisions of the Constitution of the Republic of Lithuania and the procedure for issuing the appropriate certificates shall be established by the Government of the Republic of Lithuania.

3. Persons meeting the conditions provided for in this Article shall be granted citizenship of the Republic of Lithuania taking into account the interests of the Republic of Lithuania. The requirements of subparagraphs 1 and 5 of paragraph 1 of Article 12 of this Law shall not apply to persons who are 65 years of age or over, to persons who have been established 0 to 55% capacity for work (until 30 June 2007 the disabled of group I and group II), to persons who have reached pensionable age, to persons for whom the level of high or medium special needs has been established according to the procedure laid down by legal acts , also to persons ill with grave chronic mental diseases.

4. The provisions of subparagraph 6 of paragraph 1 of this Article shall not apply to citizens of foreign states who have refugee status in the Republic of Lithuania.

Article 13. Reasons on the Ground whereof Citizenship of the Republic of Lithuania shall not be Granted

Citizenship of the Republic of Lithuania shall not be granted to persons who:

1) have prepared, attempted or committed international crimes provided for by the international treaties of the Republic of Lithuania or by international customary law, such as: aggression, acts of genocide, crimes against humanity, war crimes;

2) have prepared, attempted or committed criminal acts against the State of Lithuania;

3) before coming to reside in the Republic of Lithuania have been imposed in another state a sentence of deprivation of liberty for a premeditated crime for which the laws of the Republic of Lithuania also establish criminal liability or have been convicted in Lithuania for a premeditated crime punishable by a sentence of deprivation of liberty;

4) according to the procedure established by laws have no right to be issued a residence permit in the Republic of Lithuania.

*Article 14. Granting Citizenship of the Republic of Lithuania to a Person who Contracted a Marriage with a Citizen of the Republic of Lithuania

1. A person, who contracted a marriage with a citizen of the Republic of Lithuania and has maintained his marital status for the last 7 years while residing in the territory of the Republic of Lithuania, shall be granted citizenship of the Republic of Lithuania provided that he meets the conditions established in subparagraphs 1, 2, 5 and 6 of paragraph 1 of Article 12 of this Law and there are no circumstances specified in Article 13 of this Law.

2. Persons who contracted marriage with citizens of the Republic of Lithuania: deportees, political prisoners or their children born in exile shall be granted citizenship of the Republic of Lithuania if, after contracting marriage, they move to the Republic of Lithuania for permanent residence and provided that they have resided for the last five years in the Republic of Lithuania together with their spouse who is a citizen of the Republic of Lithuania and meet the conditions established in subparagraphs 2, 5 and 6 of paragraph 1 of Article 12 of this Law.

3. A person who, after contracting marriage with a citizen of the Republic of Lithuania, has resided in the territory of the Republic of Lithuania for over a year may, in case of death of his spouse, be granted citizenship of the Republic of Lithuania after he has resided in the Republic of Lithuania for a five-year period, provided that he meets the conditions established in subparagraphs 1, 2, 5 and 6 of paragraph 1 of Article 12 of this Law and there are no circumstances specified in Article 13 of this Law.

*Note. The time limits set in this Article for persons for living in the Republic of Lithuania together with a spouse who is a citizen of the Republic of Lithuania shall not apply to persons who have contracted marriage with the citizens of the Republic of Lithuania prior to the entry into force of this Article. The time limits for residing in the territory of the Republic of Lithuania set in Article 14 of the Law on Citizenship of the Republic of Lithuania adopted on 17 September 2002 shall be applied to these persons.

Article 15. Oath to the Republic of Lithuania

1. Persons who are granted citizenship of the Republic of Lithuania by way of naturalisation or by exercising the right of option as well as under Article 16 of this Law shall  take the following oath:

"I (name, surname), accepting citizenship of the Republic of Lithuania, swear to be loyal to the Republic of Lithuania, to observe the Constitution and laws of the Republic, to defend the independence of Lithuania, to protect the territorial integrity of the state. I do swear to respect the state language of Lithuania, its culture and customs, and to strengthen the democratic Lithuanian state."

2. The oath to the Republic of Lithuania shall be taken in public and in a solemn atmosphere in the Ministry of the Interior or in the diplomatic mission or consular post of the Republic of Lithuania abroad. Having read in the Lithuanian language the text set forth in paragraph 1 of this Article and having signed it, the persons shall be considered to have taken an oath to the Republic of Lithuania.

3. The oath to the Republic of Lithuania shall be taken in the Ministry of the Interior or in the diplomatic mission or consular post of the Republic of Lithuania abroad according to the procedure established by the Government of the Republic of Lithuania or an institution authorised by it.

Article 16. Granting of Citizenship by Way of Exception

1. The President of the Republic, invoking this Law, may grant citizenship of the Republic of Lithuania to citizens of foreign states or stateless persons for special merit to the Republic of Lithuania, who integrated into Lithuanian society, without applying with respect to them conditions for the granting of citizenship provided for in Article 12 of this Law. The activities of a citizen of a foreign state or a stateless person whereby the person makes a substantial contribution to strengthening the statehood of the Republic of Lithuania, increasing the might of the Republic of Lithuania and promoting its authority in the international community shall be considered as merits to the Republic of Lithuania.

2. .Paragraph 1 of this Article  shall not apply to the persons specified in Article  20 of this Law.

3. The granting of citizenship of the Republic of Lithuania by way of exception shall by itself have no legal consequences for the family members of the person who acquired citizenship. The provision shall not apply to an underage child of a person who acquired citizenship, provided the underage child is a stateless person. The issue of citizenship of the Republic of Lithuania of an underage child who is a stateless persons shall be settled in accordance with the requirements of Articles 8 and 9 or 22 and 23 of this Law.

CHAPTER 3

RETENTION OF THE RIGHT TO CITIZENSHIP OF THE REPUBLIC OF LITHUANIA. LOSS AND RESTORATION OF CITIZENSHIP OF THE REPUBLIC OF LITHUANIA

Article 17. Retention of the Right to Citizenship of the Republic of Lithuania

1. The following persons shall retain the right to citizenship of the Republic of Lithuania for an indefinite period:

1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great-grandchildren (provided that the said persons, their children, grandchildren or great-grandchildren did not repatriate), who are residing in other states;

2) persons of Lithuanian descent who are residing in other states.

2. Persons who retain the right to citizenship of the Republic of Lithuania shall be issued, upon their application, according to the procedure established by the Government of the Republic of Lithuania, documents confirming the right.

3. Persons specified in subparagraphs 1 and 2 of paragraph 1 of this Article shall exercise the right to citizenship of the Republic of Lithuania in accordance with subparagraph 1 of paragraph 1 of Article 1 of this Law or shall be considered persons of Lithuanian descent residing in other states.

Article 18. Loss of Citizenship of the Republic of Lithuania

1. Citizenship of the Republic of Lithuania shall be lost:

1) upon renunciation of citizenship of the Republic of Lithuania ;

2) upon acquisition of citizenship of another state;

3) on the grounds provided for by international treaties of the Republic of Lithuania.

2. Subparagraph 2 of paragraph 1 of this Article shall not apply to a citizen of the Republic of Lithuania who acquired citizenship of another state after 1 January 2003 if he is:

1) a person who held citizenship of the Republic of Lithuania prior to 15 June 1940, his child, grandchild and great-grandchild (provided that the said person, his child, grandchild or great-grandchild did not repatriate);

2) a person of Lithuanian descent whose parents or grandparents are or were or one of parents or grandparents is or was Lithuanian and the person considers himself Lithuanian.

3. A person may be recognised as having lost citizenship of the Republic of Lithuania if he, being employed in another state, causes harm to the interests of the Republic of Lithuania or is in the military service of another state or is employed in the civil service of another state without having been granted authorisation by relevant institutions of the Republic of Lithuania.

4. The persons specified in paragraph 2 of this Article upon acquiring citizenship of another state or upon receiving the passport of a citizen of another state or any other document confirming citizenship of that state before 31 December 2002 shall be considered to have lost citizenship of the Republic of Lithuania from the day of acquisition of citizenship of another state or from the day of issue of the passport of citizen of that state or from the day of issue of any other document confirming citizenship of that state.

Article 19. The Right of a Citizen of the Republic of Lithuania to Renounce Citizenship

1. The right of a citizen of the Republic of Lithuania to renounce citizenship may not be restricted, except in cases specified in this Article.

2. A person's application for renunciation of citizenship of the Republic of Lithuania may not be considered if the applicant is suspected or accused of having committed a criminal act or if a court judgement in respect of the person has become effective and enforceable.

Article 20. Restoration of Citizenship of the Republic of Lithuania

1. A person who has lost citizenship of the Republic of Lithuania prior to the entry into force of this Law, also on the grounds provided for in paragraphs 1, 3 and 4 of Article 18 of this Law, in paragraph 7 of Article 4 of the Law on the Implementation of the Law on Citizenship may have, upon his application, citizenship of the Republic of Lithuania restored to him, provided that the person is not a citizen of another state and meets the conditions established in subparagraphs 2 and 4 of paragraph 1 of Article 12 of this Law and there are no circumstances specified in Article 13 of this Law.

2. A person who has lost citizenship of the Republic of Lithuania prior to the day of entry into force of this Law, also on the grounds provided for in paragraphs 1, 3 and 4 of Article 18 of this Law, in paragraph 7 of Article 4 of the Law on the Implementation of the Law on Citizenship and who meets the conditions set forth in subparagraphs 1, 2 or 3 of paragraph 1 of Article 1 of this Law may have, upon his application, citizenship of the Republic of Lithuania restored without having the conditions established in Article 12 of this Law applied with respect to him.

3. A person who has lost citizenship of the Republic of Lithuania on the grounds established in Article 18 of this Law shall not have the provisions of Article 16 of this Law applied with respect to him.

Article 21. Declaring the Act on the Granting of Citizenship of the Republic of Lithuania Invalid

1. The court shall declare the act on the granting of citizenship of the Republic of Lithuania invalid if it establishes that the person who acquired citizenship of the Republic of Lithuania by way of naturalisation or by exercising the right of option acquired citizenship of the Republic of Lithuania by presenting forged documents or by any other fraud, or did not renounce citizenship of another state, or if the court establishes that the person, prior to being granted or after having been granted citizenship, prepared, attempted or committed international crimes provided for in the international treaties of the Republic of Lithuania, or under international customary law, such as: aggression, genocide, crimes against humanity, war crimes or did not have the right according to the procedure established by law to receive a residence permit in the Republic of Lithuania or prepared, attempted or committed criminal acts against the Republic of Lithuania.

2. The court shall also declare the act on the granting of citizenship of the Republic of Lithuania invalid in case the court establishes that in the period after 15 June 1940 the person concerned organised or carried out deportation or extermination of the residents, suppressed the resistance movement in Lithuania, or, after 11 March 1990, took part in the actions directed against the independence and territorial integrity of the Republic of Lithuania.

3. A citizen of the Republic of Lithuania who acquires citizenship of another state or is issued the passport of a citizen of another state or any other document confirming citizenship of that state, with the exception of persons listed in subparagraphs 1 and 2 of paragraph 2 of Article 18 of this Law shall lose citizenship of the Republic of Lithuania as of the day of acquisition of citizenship of another state or the day of issue of the passport of a citizen of that state or any other document confirming citizenship of that state.

4. A citizen of the Republic of Lithuania, after having been issued the passport of a citizen of another state or any other document confirming citizenship of that state after having been issued documents confirming citizenship of the Republic of Lithuania, with the exception of persons listed in subparagraphs 1 and 2 of paragraph 2 of Article 18 of this Law, must within 30 days give a written notice thereof to the Minister of the Interior or an institution authorised by him, or the migration office, sub-office, group or the passport subdivision of the territorial police establishment (hereinafter - the Migration Service) or the diplomatic mission or consular post of the Republic of Lithuania abroad.

5. The acquisition of citizenship of the Republic of Lithuania shall be declared invalid if it is discovered that the person acquired the documents confirming citizenship of the Republic of Lithuania unlawfully or without due cause.

CHAPTER 4

CITIZENSHIP OF CHILDREN AFTER THE CHANGE

OF PARENTS' CITIZENSHIP

Article 22. Change of Children's Citizenship after the Change of both Parents’ Citizenship

1. If both parents acquire citizenship of the Republic of Lithuania, or if both parents lose it, citizenship of children under 14 years of age shall change accordingly.

2. For the purpose of the above Article, adoptive parents shall be treated as parents and adopted children - as children.

Article 23. Acquisition of Citizenship of the Republic of Lithuania by Children if one of the Parents Acquires Citizenship of the Republic of Lithuania

1. If one of the parents acquires citizenship of the Republic of Lithuania, whereas the other parent retains citizenship of another state, the child of such parents may acquire citizenship of the Republic of Lithuania upon a written application of both parents. If the child’s parents are divorced, the child may acquire citizenship of the Republic of Lithuania on a written application of one of the parents who has acquired citizenship of the Republic of Lithuania and to whom the court has granted custody of the child or with whom the child is actually living on a permanent basis.

of the Republic of Lithuania upon a written application of the parent who has acquired citizenship of the Republic of Lithuania. If one of the parents acquires citizenship of the Republic of Lithuania, but he/she dies, whereas the other parent remains a stateless person, the child of such parents may acquire citizenship of the Republic of Lithuania upon a written application of the only parent the child has.

Article 24. Retention of Citizenship of the Republic of Lithuania by Children if one of the Parents Loses Citizenship of the Republic of Lithuania

If one of the parents loses citizenship of the Republic of Lithuania, whereas the other parent is a citizen of the Republic of Lithuania, the child of such parents shall retain citizenship of the Republic of Lithuania if he is under 14 years of age.

Article 25. Consent of Children Necessary for Changing their Citizenship

If the parents change their citizenship, citizenship of their children who are 14 to 18 years of age may be changed only upon the children's written consent.

CHAPTER 5

PROCEDURE FOR RESOLVING ISSUES RELATING TO CITIZENSHIP

OF THE REPUBLIC OF LITHUANIA

Article 26. Filing of Applications and Recommendations on Issues Relating to Citizenship of the Republic of Lithuania

1. Issues relating to citizenship of the Republic of Lithuania shall be considered upon a written application filed by the person concerned.

2. The following documents shall be appended to the application for the granting of citizenship of the Republic of Lithuania: a copy of the document confirming the person's identity; a copy of the person's birth certificate; documents confirming that at the moment of submission of the application the person is permanently residing in the Republic of Lithuania, that the person has been permanently residing in the territory of the Republic of Lithuania for the period specified in this Law, that he has a legal source of support and has passed the examination in the basic provisions of the Constitution of the Republic of Lithuania.

3. Application for the exercise of the right to citizenship of the Republic of Lithuania shall be accompanied by documents confirming to the person’s identity and the foreign state citizenship held by the person or documents confirming that the person is a stateless person (a copy of the passport of a citizen of a foreign state or an equivalent document); documents confirming the person’s place of residence; the document of retention of the right to citizenship of the Republic of Lithuania if issued to the person; documents confirming that the person held citizenship of the Republic of Lithuania prior to 15 June 1940 (or is a child, grandchild or great-grandchild of such a person); or documents confirming the person’s Lithuanian descent.

4. Documents confirming that the person held Lithuanian citizenship prior to 15 June 1940 shall be the following documents: extant internal or foreign passports of the Republic of Lithuania issued prior to 15 June 1940; foreign passports of the Republic of Lithuania issued by diplomatic missions or consular posts of the Republic of Lithuania abroad after 15 June 1940; documents relating to service in the Lithuanian Army or employment in civil service; birth certificates or other documents having direct reference to Lithuanian citizenship held by the person, identity cards issued on the basis of documents issued in Lithuania prior to 15 June of 1940. In the absence of the above documents the following documents may be submitted: documents relating to studies, work and residence in Lithuania prior to 15 June 1940; a statement under oath certified by a notary or an officer of the diplomatic mission or consular post of the Republic of Lithuania; a notarised statement by three citizens of the Republic of Lithuania who themselves held Lithuanian citizenship prior to 15 June 1940 corroborating that the person held Lithuanian citizenship prior to 15 June 1940; a certified copy of the passport of a foreign state and other documents. Lithuanian descent shall be confirmed by documents testifying directly or indirectly that the person’s parents or grandparents, or one of the parents or grandparents are Lithuanian or held Lithuanian citizenship, also the person's written statement confirming that he considers himself Lithuanian. In the absence of sufficient documents proving the person's Lithuanian citizenship held prior to 15 June 1940 or confirming the person’s Lithuanian descent, the issue may be considered by the Citizenship Commission formed by the Government of the Republic of Lithuania for considering the issues of citizenship of the Republic of Lithuania or the data shall be determined according to court procedure.

5. An application for the renunciation of citizenship of the Republic of Lithuania shall be accompanied by: a copy of the passport of a citizen of the Republic of Lithuania, a copy of the identity card, (if the person has not been issued documents confirming citizenship of the Republic of Lithuania, he shall submit a document issued by the Migration Service or the diplomatic mission or consular post of the Republic of Lithuania abroad, confirming that the person is a citizen of the Republic of Lithuania and has not applied for the issuance of a document confirming citizenship of the Republic of Lithuania); a copy of the personal document held by him, issued by a foreign state institution; documents confirming the person's permanent place of residence; a receipt certifying payment of state fees and charges. If a person requests in his application that his underage child be granted permission to renounce citizenship of the Republic of Lithuania together with him, an application of the other parent shall also be submitted. If the child’s parents are divorced, the child may renounce citizenship of the Republic of Lithuania if this is requested in writing by one of the parents who has been granted custody of the child by court decision or with whom the child is actually living on a permanent basis.

6. The following documents shall be submitted together with the application for the restoration of citizenship of the Republic of Lithuania under paragraph 1 of Article 20 of this Law: a copy of the document confirming the person’s identity; a copy of the birth certificate; a document relating to the grounds for the loss of citizenship of the Republic of Lithuania held by the person; documents confirming that the person is permanently residing in the territory of the Republic of Lithuania and has a legal source of support.

7. .The following documents shall be submitted together with the application for the restoration of citizenship of the Republic of Lithuania under paragraph 1 of Article 20 of this Law: documents confirming that the person held citizenship of the Republic of Lithuania prior to 15 June 1940 or was a permanent resident in the present-day territory of the Republic of Lithuania (or is a child, grandchild or great-grandchild of such a person); a documents confirming the person's Lithuanian descent; a copy of the document confirming the person's identity (a copy of the passport of a citizen of a foreign state or a corresponding personal document); a document confirming citizenship of a foreign state held by the person or renunciation thereof (or a document confirming that he is a stateless person), the person's place of residence as well as the certificate of retention of the right to citizenship of the Republic of Lithuania, if it had been issued to the person. Documents relating to the grounds on which the person lost citizenship of the Republic of Lithuania held by him shall be attached to the application for the restoration of citizenship of the Republic of Lithuania.

8. Applications to grant citizenship of the Republic of Lithuania by way of exception shall be submitted accompanied by the following documents: recommendations of state politicians of the Republic of Lithuania, citizens of the Republic of Lithuania of merit to the state of Lithuania, specifying the person’s activity of special importance to the Republic of Lithuania, documents relating to state awards, lists of publications, documents confirming the person’s integration into Lithuanian society as well as documents confirming the person’s identity (a copy of the passport of a citizen of a foreign state or an equivalent document).

9. Applications of persons who are under 18 years of age to grant citizenship of the Republic of Lithuania, to exercise the right to citizenship of the Republic of Lithuania, to renounce citizenship of the Republic of Lithuania or to restore it shall be submitted by their legal representatives.

10. The decision on recognising a person to have lost citizenship of the Republic of Lithuania under paragraph 3 of Article 18 of this Law, on declaring the act on the granting of citizenship of the Republic of Lithuania invalid under paragraphs 1 and 2 of Article 21 of this Law shall be adopted by the Vilnius Regional Administrative Court. The right to appeal to court in the cases specified in this Article shall be vested in the Minister of the Interior or an institution authorised by him as well as the Minister of Foreign Affairs or an institution authorised by him. The court. having adopted the decision on recognising a person to have lost citizenship of the Republic of Lithuania or on declaring the act on the granting of citizenship of the Republic of Lithuania invalid, shall publish the information in "Informaciniai pranešimai" (information supplement to the official gazette "Valstybës žinios" ).

11. Applications for the granting of citizenship of the Republic of Lithuania or for restoring it under paragraph 1 of Article 20 of this Law as well as applications for the granting of citizenship by way of exception shall be submitted to the President of the Republic. The persons shall submit applications for the granting of citizenship of the Republic of Lithuania or for restoring it via the Migration Service, while the application for the granting of citizenship of the Republic of Lithuania by way of exception shall be submitted directly to the President.

12. Applications for the renunciation of citizenship of the Republic of Lithuania or the restoration of citizenship of the Republic of Lithuania under paragraph 2 of Article 20 of this Law shall be submitted to the Minister of the Interior or an institution authorised by him. Persons residing in the Republic of Lithuania shall submit the above-mentioned applications via the Migration Service, while persons residing in foreign states – via the diplomatic mission or consular post of the Republic of Lithuania abroad or via an institution authorised by the Minister of the Interior.

13. Persons specified in paragraph 1 of Article 17 of this Law shall submit applications for the exercise of the right to citizenship of the Republic of Lithuania to the Minister of the Interior or an institution authorised by him, the Migration Service or diplomatic missions or consular posts of the Republic of Lithuania abroad.

Article 27. Citizenship Commission

1. The President of the Republic shall form the Citizenship Commission (hereinafter - the Commission) for preliminary consideration of issues of citizenship of the Republic of Lithuania and approve the rules for the consideration of issues of citizenship in the Commission.

2. The Commission shall have the right to invite to its meetings the person the issue of whose citizenship is being decided, to instruct state institutions to give their opinion within the time period prescribed by the Commission and to present all the necessary documents relating to the application or recommendation under consideration in the Commission. Wishing to receive information about the circumstances specified in Article 13 of this Law, the Commission shall address, according to its competence, the State Security Department of the Republic of Lithuania, the Ministry of the Interior of the Republic of Lithuania, if the institution which prepared the documents relating to the granting of citizenship of the Republic of Lithuania or its restoration under paragraph 1 of Article 20 of this Law did not check the circumstances. Should the Commission so decide, the Lithuanian Genocide and Resistance Investigation Centre may addressed for the information about the circumstances specified in Article 13 of this Law.

3. A meeting of the Commission shall be valid if not less than two-thirds of the members take part therein. Decisions of the Commission shall be adopted by a simple majority vote of all the Commission members and recorded in the minutes The minutes shall be signed by all the Commission members participating in the meeting.

4. The Commission shall submit to the President of the Republic proposals to grant applications for citizenship of the Republic of Lithuania and, in case the Commission refuses to recommend granting citizenship, it shall notify the applicant thereof in writing, setting forth the reasons for refusal

5. The Commission shall consider applications for citizenship of the Republic of Lithuania under Article 16 of this Law and shall submit to the President of the Republic proposals to grant the applications.

6. Repealed on 1 April 2006.

Article 28. Adopting Decisions on Applications and Recommendations on the Issues of Citizenship

1. The issues concerning the granting, restoration of citizenship of the Republic of Lithuania under paragraph 1 of Article 20 of this Law shall be resolved by the President of the Republic, who shall issue appropriate decrees thereon. The decree of the President of the republic on the restoration of citizenship of the Republic of Lithuania under paragraph 1 of Article 20 of this Law shall be issued after the person submits a document confirming that he is not a citizen of another state. The decrees of the President of the Republic concerning the granting of citizenship of the Republic of Lithuania, its restoration shall be signed by the Minister of the Interior.

2. If it transpires that the person has acquired citizenship of another state, with the exception of persons specified in paragraph 2 of Article 18 of this Law, the Minister of the Interior or an institution authorised by him shall state the fact of the loss of citizenship of the Republic of Lithuania under subparagraph 1, paragraph 2 or paragraph 4 of Article 18 of this Law. Such a person shall be considered to have lost citizenship of the Republic of Lithuania as of the day of acquisition of citizenship of another state.

3. After the granting of citizenship of the Republic of Lithuania the rights and duties of the citizen of the Republic of Lithuania shall arise only after the person takes an oath to the Republic of Lithuania.

 4. Persons who, by acquiring citizenship of the Republic of Lithuania, lose citizenship of any other state held by them shall take an oath to the Republic of Lithuania after they present proof that they have lost citizenship of the other state.

 5. The diplomatic missions or consular posts of the Republic of Lithuania abroad shall within 7 days notify the Office of the President of the Republic and an institution authorised by the Minister of the Interior of the persons who have taken an oath to the Republic of Lithuania at diplomatic missions or consular  posts of the Republic of Lithuania abroad.. The institution authorised by the Minister of the Interior shall within 7 days notify the Office of the President of the Republic of the persons who took an oath to the Republic of Lithuania at the Ministry of the Interior.

6. The issues relating to the renunciation, restoration of citizenship of the Republic of Lithuania under paragraph 2 of Article 20 of this Law shall be resolved by the Minister of the  Interior or an institution authorised by him.

7. Decisions on the exercise of the right to citizenship of the Republic of Lithuania under subparagraphs 1, 2 or 3 of Article 1 of this Law by persons permanently residing in the Republic of Lithuania as well as decisions on the exercise of the right to citizenship of the Republic of Lithuania under paragraph 3 of Article 17 of this Law  by persons permanently residing in the Republic of Lithuania who have retained the right to citizenship of the Republic of Lithuania according to subparagraph 1 of paragraph 1 of Article  17 of this Law shall be adopted by Minister of the Interior or an institution authorized by him or by Migration Services, and on the exercise of the right to citizenship of the Republic of Lithuania under paragraphs 3 of Article  17 of this Law by persons permanently residing abroad under subparagraphs 1 or 3 of Article  1 of this Law as well as by persons permanently residing in foreign states who have retained the right to citizenship of the Republic of Lithuania according to subparagraphs 1 or 2 of paragraph 1 of Article  17 of this Law shall be adopted by the Minister of the Interior or an institution authorised by him.

8. The issues of renunciation and restoration of citizenship of the Republic of Lithuania under paragraph 2 of Article20 of this Law shall be decided the Minister of the Interior or an institution authorised by him.

Article 29. Adoption of Decisions on the Change of Citizenship of Children

In the cases specified in Articles 22-25 of this Law, the issues relating to the change of citizenship of children shall be resolved and documents shall be processed by an institution authorised by the Minister of the Interior.

Article 30. Publication of Acts on the Issues of Citizenship of the Republic of Lithuania

Orders of the Minister of the Interior or head of an institution authorised by him concerning the renunciation, restoration of citizenship of the Republic of Lithuania under paragraph 2 of a 20 of this Law, on its loss under subparagraph 2 of paragraph 1 and paragraph 4 of Article  18 of this Law shall be published in "Valstybės žinios" (the official gazette).

Article 31. Reconsideration of Applications and Recommendations Concerning Issues of Citizenship of the Republic of Lithuania

The applications of persons for the granting or restoration of citizenship of the Republic of Lithuania under paragraph 1 of Article 20 of this Law shall be repeatedly accepted not earlier than one year after the adoption of the previous decision.

Article 32. Preparation of Documents of Citizenship of the Republic of Lithuania

1. Citizenship documents of persons who are permanently residing in Lithuania shall be prepared by Migration Services, whereas those of persons residing in other states - by the Minister of Foreign Affairs together with the Minister of the Interior or by an institutions authorised by them.

2. In the cases specified in this Law and in other cases when there are no sufficient documents for resolving the issue of citizenship of the Republic of Lithuania the issue may be considered by the Commission formed by the Government of the Republic of Lithuania for considering issues of citizenship of the Republic of Lithuania which shall submit a conclusion of recommendatory nature.

3. The rules for the preparation of documents of citizenship of the Republic of Lithuania and the composition of the commission formed by the Government of the Republic of Lithuania for considering the issues of citizenship of the Republic of Lithuania and its regulations shall be approved by the Government of the Republic of Lithuania.

CHAPTER 6

FINAL PROVISIONS

Article 33. Application of International Treaties on Citizenship Issues

If an international treaty of the Republic of Lithuania establishes rules other than those set by this Law, the rules of the international treaty shall apply.

Article 34. Entry into Force of the Law

1. This Law shall enter into force as of 1 January 2003.

2. Upon the entry into force of this Law the following legal acts shall be repealed:

1) Law of the Republic of Lithuania on Citizenship (5 January 1991, No. I-2072);

2) Law of the Republic of Lithuania on the Validity of Citizenship Documents of the Republic of Lithuania and on Supplementing the Law on Citizenship (10 December 1991, No. I-2079);

3) Law of the Republic of Lithuania on Amending Articles 28 and 31 of the Law of the Republic of Lithuania on Citizenship (11 February 1992, No. I-2312);

4) Law of the Republic of Lithuania on Amending Articles 14 and 25 of the Law of the Republic of Lithuania on Citizenship (19 November 1992, I-3067);

5) Law of the Republic of Lithuania on Amending and Supplementing the Law on Citizenship of the Republic of Lithuania (16 July 1993, No. I-240);

6) Law of the Republic of Lithuania on Amending Article 18 of the Law of the Republic of Lithuania on Citizenship (7 December 1993 No. I-320);

7) Law of the Republic of Lithuania on Supplementing Article 23 of the Law of the Republic of Lithuania on Citizenship (14 December 1993, No. I-332);

8) Law of the Republic of Lithuania on Amending the Law of the Republic of Lithuania on Citizenship (13 June 1995, No. I-945);

9) Law of the Republic of Lithuania on Amending and Supplementing the Law of the Republic of Lithuania on Citizenship (21 October 1995, No. I-1053);

10) Law of the Republic of Lithuania on Supplementing Articles 17 and 22 and Amending Article 31 of the Law of the Republic of Lithuania on Citizenship (6 February 1996, No. I-1159);

11) Law of the Republic of Lithuania on Amending Articles 1, 17 and 28 of the Law of the Republic of Lithuania on Citizenship (2 July 1997, No. VIII-391).

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

Related documnets

Back to top