Republic of Lithuania Law on Citizenship, No. VIII-391

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 were citizens of the Republic of Lithuania prior to 15 June 1940, their children and grandchildren (provided that the persons or their children or grandchildren have not repatriated from Lithuania);

2)   persons who were permanent residents 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 and grandchildren, provided that on the day of coming into effect of the Law on Citizenship they have been permanent residents in Lithuania, are residing here at the present time and are not citizens of another state;

3)   persons of Lithuanian origin residing in other states, if they left Lithuania prior to 16 February 1918 and did not acquire citizenship of another state;

4)   persons who acquired citizenship of the Republic of Lithuania by 4 November 1991 under the Law on Citizenship which had been in effect prior to the enactment of the Law on Citizenship on 5 December 1991; and

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

Persons specified in item 1 hereof shall be at their request issued passports of citizens of the Republic of Lithuania or documents confirming the right to citizenship of the Republic of Lithuania in accordance with Article 17 of this Law.

A citizen of the Republic of Lithuania may not at the same time be citizen of another state, except in cases provided under this Law.

Article 2.        Document Confirming Citizenship of the Republic of Lithuania

The passport of a citizen of the Republic of Lithuania shall be the document confirming citizenship of the Republic of Lithuania.

The procedure for issuing the passport of a citizen of the Republic of Lithuania shall be established by the Republic of Lithuania Citizen's Passport Regulations.

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

Citizens of the Republic of Lithuania shall have all social and economic, political, and individual rights and freedoms that are provided and guaranteed by the Constitution of the Republic of Lithuania, and international agreements to which the Republic of Lithuania is a party.

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

Article 4.        Retaining the Citizenship of the Republic of Lithuania upon Marriage and Divorce

Marriage to a foreign national or to a stateless person, contracted by a man or woman who is a citizen of the Republic of Lithuania, also dissolution of such marriage shall not by itself change the citizenship of either spouse.

Article 5.        Retaining the Citizenship of the Republic of Lithuania

Residence by a citizen of the Republic of Lithuania in a foreign state shall not by itself result in the loss of citizenship of the Republic of Lithuania. Beyond the borders of the Republic of Lithuania its citizens shall be protected and taken care of by the State of Lithuania.

Article 6.        Extradition of Citizens of the Republic of Lithuania shall not be Permitted

A citizen of the Republic of Lithuania may not be extradited to another state.

Chapter 2 Acquiring 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 implementing the right to citizenship of the Republic of Lithuania;

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

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

5)   on other grounds provided 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

A child, one of whose parents at the moment of his birth was a citizen of the Republic of Lithuania, shall be a citizen of the Republic of Lithuania, if

1)   he or she was born in the territory of the Republic of Lithuania; or

2)   he was born beyond the borders of the Republic of Lithuania, but at the moment of his or her birth both or one parent had a permanent place of residence in the territory of the Republic of Lithuania.

If at the moment of the child's birth one parent was a citizen of the Republic of Lithuania, and both parents had a permanent place of residence beyond the borders of the Republic of Lithuania, the citizenship of the child, until he is 18 years of age, shall be established by the parents' consent.

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 his place of birth.

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

A child, whose parents are stateless persons and permanent residents 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 Lithuania and shall be a citizen of the Republic of Lithuania, unless there are grounds for him or her to acquire a different status.

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

A person, upon his or her request, may be granted citizenship of the Republic of Lithuania, provided that he or she agrees to take the oath to the Republic and meets the following conditions of citizenship:

1)   has passed the examination in the Lithuanian language (can speak and read Lithuanian);

2)   for the last ten years has had a permanent place of residence in the territory of the Republic of Lithuania;

3)   has a permanent place of employment or a constant legal source of support in the territory of the Republic of Lithuania;

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

5)   is a stateless person, or is a citizen of a state under the laws of which he loses citizenship of said state upon acquiring citizenship of the Republic of Lithuania, or if the person notifies in writing of his decision to refuse citizenship of another state upon being granted citizenship of the Republic of Lithuania.

The procedure for issuing examinations certificates on the fundamentals of the Constitution of the Republic of Lithuania and the Lithuanian language shall be established by the Government of the Republic of Lithuania.

Persons meeting the conditions specified in this Article shall be granted citizenship of the Republic of Lithuania upon taking into consideration the interests of the Republic of Lithuania.

The requirements of items 1 and 4 of Article 12 of this Law shall not apply to persons who are 65 years of age and over, to persons who are considered Group I or II invalids and to persons sick with severe chronic mental diseases.

Article 13.      Reasons Precluding the Granting of Citizenship of the Republic of Lithuania Citizenship of the Republic of Lithuania (naturalisation) shall not be granted to:

1)   persons who have committed crimes against humanity or acts of genocide;

2)   persons who took part in criminal activities against the Republic of Lithuania;

3)   persons who, before coming to Lithuania, have been imposed custodial sentence for a premeditated crime for which criminal liability is provided under the laws of the Republic of Lithuania, or have been sentenced in Lithuania for a premeditated crime punishable by a custodial sentence;

4)   persons who are chronic alcoholics, drug addicts or toxic substances abusers; and

5)   persons who are ill with especially dangerous infectious diseases.

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

A person, who has contracted marriage with a citizen of the Republic of Lithuania, and has maintained one's marital status during the last 3 years while residing in Lithuania, shall be granted citizenship of the Republic of Lithuania, provided he meets the conditions specified by paragraphs 1, 4, and 5 of part 1 of Article 12 of this Law.

Persons who have contracted marriage with the citizens of the Republic of Lithuania: deportees, political prisoners and their children born in exile shall be granted citizenship of the Republic of Lithuania provided that they have maintained their marital status during the last three years, have moved for permanent residence to the Republic of Lithuania together with their spouse who is a citizen of the Republic of Lithuania and provided that they meets the conditions set in items 4 and 5 of part 1 of Article 12 of this Law.

Article 15.      Oath to the Republic of Lithuania

Persons, who are granted citizenship of the Republic of Lithuania by way of naturalisation or by voicing their 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, pledge 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 pledge to respect the state language of Lithuania, its culture and customs, and to strengthen the democratic Lithuanian state."

The oath to the Republic shall be administered in public, in a solemn atmosphere. A person accepting citizenship of the Republic of Lithuania shall read aloud the text of the oath in the Lithuanian language and sign it.

Article 16.      Granting of Citizenship by Way of Exception

The President of the Republic, in pursuance of this Law, may grant, by way of exception, citizenship of the Republic of Lithuania to citizens of foreign states for special merit to Lithuania without applying the conditions for the granting of citizenship provided by Article 12 of this Law.

The granting of citizenship of the Republic of Lithuania by way of exception shall by itself bring about no legal consequences for the family members of the person who acquired citizenship.

Chapter 3

Retention of the Right to Citizenship of the Republic of Lithuania. Restoration of Citizenship of the Republic of Lithuania. Loss of Citizenship of the Republic of Lithuania and Restoration Citizenship of the Republic of Lithuania

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

The right to citizenship of the Republic of Lithuania shall be retained for an indefinite period for:

1)   persons who were citizens of the Republic of Lithuania prior to 15 June 1940, to their children and grandchildren (provided that said persons, their children and grandchildren have not repatriated from Lithuania) who are residing in other states;

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

A person, whose parents or grandparents, or one of the parents or grandparents are Lithuanians and the person himself admits that he considers himself Lithuanian, shall be considered a person of Lithuanian origin.

Persons for whom the right to citizenship of the Republic of Lithuania is retained shall, at their request, be issued documents confirming the right.

Said persons together with members of their families may enter the Republic of Lithuania without visas and reside in Lithuania without having the requirements of the Law on Immigration applied to them, as well as depart from Lithuania. Laws may also provide for other rights of said persons.

Persons specified in item 1 of Part 1 hereof shall implement the right to citizenship of the Republic of Lithuania in accordance with Article 1 of this Law.

Persons specified in item 2 of Part 1 hereof shall implement the right to citizenship of the Republic of Lithuania after they renounce citizenship of another state and return to Lithuania for permanent residence.

Article 18.      (Repealed 3 October 1995)

Article 19.      Loss of Citizenship of the Republic of Lithuania Citizenship of the Republic of Lithuania shall be lost if:

1)   a person renounces citizenship of the Republic of Lithuania ;

2)   a person acquires citizenship of another state;

3)   a person breaks his actual links with the State of Lithuania; and

4)   on the grounds provided by international agreements to which the Republic of Lithuania is a party.

Article 20.      The Right of a Citizen of the Republic of Lithuania to Renounce Citizenship

The right of a citizen of the Republic of Lithuania to renounce citizenship may not be abridged, except in cases specified hereunder.

A person's application concerning renunciation of citizenship of the Republic of Lithuania may not be considered if criminal action has been brought against him or if a court sentence in respect of the persons has become effective and enforceable.

Article 21.      Loss of Citizenship of the Republic of Lithuania upon Breaking Actual Links with the State of Lithuania

A person may be recognised as having lost citizenship of the Republic of Lithuania if he breaks his actual links with the State of Lithuania by:

1)   having lived abroad for a continuous period in excess of 3 years with an invalid passport of a citizen of the Republic of Lithuania; and

2)   joining the military service of another state or taking employment as a state official in another state without the permission of the competent bodies of the Republic of Lithuania.

Article 22.      Restoration of Citizenship of the Republic of Lithuania

A person deprived of citizenship of the Republic of Lithuania under paragraphs 1, 2, 3, and 4 of Article 19 of this Law may have the citizenship of the Republic of Lithuania restored to him on his application, provided that at the moment of filing of the application the person is a permanent resident in the territory of the Republic of Lithuania, and meets the conditions specified in paragraphs 2, 3, and 5 of part 1 of Article 12 of this Law.

Article 23.      Declaring the Act on the Granting of Citizenship of the Republic of Lithuania Invalid

The Act on the granting of citizenship of the Republic of Lithuania shall be declared invalid if the naturalised person or the person who voiced his option [of nationality], has acquired citizenship of the Republic of Lithuania by presenting forged documents or by any other fraud, or has not renounced citizenship of another state, or if the court establishes that the person, prior to or after the granting of citizenship, committed crimes against humanity under international law or acts of genocide, or committed crimes against the Republic of Lithuania.

The Act on the granting of citizenship of the Republic of Lithuania may also be declared invalid if the court establishes that in the period after 15 June 1940 the person organised or carried out deportation or extermination of the residents [of Lithuania], suppressed the resistance movement in Lithuania, or, after 11 March 1990, took part in the activities directed against the independence and territorial integrity of the Republic of Lithuania.

A citizen of the Republic of Lithuania who, after having been issued documents of citizenship of the Republic of Lithuania, acquires citizenship of another state or is issued the passport of a citizen of another state or any other document confirming the citizenship of that state 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 the citizenship of that state.

Upon receiving the passport of a citizen of another state or any other document confirming his citizenship of another state after having been issued documents of citizenship of the Republic of Lithuania, a person must within 30 days give a written notification thereof to the migration service of his place of residence in Lithuania (town, district) or the Migration Department at the Ministry of Internal Affairs of the Republic of Lithuania or a diplomatic mission or consular institution of the Republic of Lithuania abroad.

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

Chapter 4 Citizenship of Children upon the Change of Parents' Citizenship

Article 24.      Change of Children's Citizenship when both Parents Change their Citizenship

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. Adoptive parents shall be held as parents and adopted children - as children.

Article 25.      Acquisition of Citizenship of the Republic of Lithuania by Children if one of the Parents Acquires Citizenship of the Republic of Lithuania

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 on the 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 with whom the child is staying following the court decision or with whom the child is actually living.

If one of the parents acquires citizenship of the Republic of Lithuania, whereas the other parent remains a stateless person, the child of such parents may acquire citizenship of the Republic of Lithuania on the application of the parent who has acquired citizenship of the Republic of Lithuania.

Article 26.      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 until he is 14 years of age.

Article 27.      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 Concerning Citizenship of the Republic of Lithuania

Article 28.      Filing Applications and Motions on Issues Concerning Citizenship of the Republic of Lithuania

Issues concerning the granting of citizenship of the Republic of Lithuania, implementation, renunciation or restoration of the right to citizenship of the Republic of Lithuania shall be considered upon a written application filed by the person concerned.

The following documents shall be appended to the application for the granting of citizenship of the Republic of Lithuania: the document confirming the person's identity, the person's birth certificate, documents confirming the person's permanent place of residence and employment (occupation) or any other legal source of support, also documents confirming the absence of reasons specified in paragraphs 4 and 5 of Article 13 of this Law.

Application for the implementation of the right to citizenship of the Republic of Lithuania shall be accompanied by documents confirming that the person possessed citizenship of the Republic of Lithuania prior to 15 June 1940 (or is the child or grandchild of such a person); documents confirming said person's identity (passport or equivalent document), his Lithuanian origin, citizenship of another state and renunciation thereof (or documents confirming that said person is a stateless person), and also confirming his permanent place of residence.

Documents, proving that a person possessed citizenship of the Republic of Lithuania prior to 15 June 1940 shall be the following documents: extant internal and 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 institutions of the Republic of Lithuania abroad after 15 June 1940; documents concerning service in the Lithuanian army or employment in state service; birth certificates or other documents having direct reference to the possessed citizenship of the Republic of Lithuania. In the absence of the above documents the following documents may be presented: documents regarding studies, work and residence in Lithuania prior to 15 June 1940; statement under oath certified by a notary or an officer of the diplomatic mission or consular institution of the Republic of Lithuania abroad; notarised statement by three citizens of the Republic of Lithuania who themselves had been citizens of the Republic of Lithuania prior to 15 June 1940 corroborating that the person had been a citizen of the Republic of Lithuania prior to 15 June 1940; a certified copy of a foreign passport and other documents. Lithuanian origin 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, also the person's written statement confirming that he considers himself Lithuanian. In the absence of reliable documents confirming the person's Lithuanian origin, the issue shall be decided on by the Citizenship Committee. The submitted documents must meet the requirements set by the laws of the Republic of Lithuania.

Applications for the renunciation of citizenship of the Republic of Lithuania shall be accompanied by: the passport of a citizen of the Republic of Lithuania, the Citizen's Certificate or certificate on the decision concerning citizenship of the Republic of Lithuania (in the event that said person has not been issued the passport of a citizen of the Republic of Lithuania, a confirming document issued by the migration service of the police commissariat of the person's place of residence shall be presented); a copy of the passport of the Soviet Union or other state which said person possesses, either notarised or certified by the official who accepts the application for the renunciation of citizenship; documents confirming said person's permanent place of residence and place of employment (occupation); and a receipt confirming that State dues have been paid.

The following documents shall be appended to the application concerning the restoration of citizenship of the Republic of Lithuania: a document confirming the person's identity, the person's birth certificate, the document presenting the grounds for the loss of citizenship of the Republic of Lithuania, documents confirming the person's permanent place of residence and employment (occupation) or any other legal source of support.

Applications of persons who are under 18 years of age concerning the granting of citizenship of the Republic of Lithuania, implementation of the right to citizenship of the Republic of Lithuania, renunciation of the right to the citizenship of the Republic of Lithuania, or restoration of the right shall be filed by such persons' legal representatives.

The Ministries of Internal Affairs, and Foreign Affairs of the Republic of Lithuania shall have the right to submit motions to recognise a person as having lost citizenship of the Republic of Lithuania under Article 21 of this Law.

Applications concerning the granting of citizenship of the Republic of Lithuania, renunciation of citizenship of the Republic of Lithuania, or restoration of citizenship of the Republic of Lithuania shall be addressed to the President of the Republic and filed with the appropriate executive institution of local government. Citizens of the Republic of Lithuania permanently residing in a foreign state may submit applications to renounce citizenship of the Republic of Lithuania to diplomatic missions or consular institutions of the Republic of Lithuania located abroad.

Persons specified in paragraph 1 of part 1 of Article 17 of this Law shall file applications concerning the implementation of the right to citizenship of the Republic of Lithuania with agencies of the Ministry of Internal Affairs of the Republic of Lithuania or with diplomatic missions or consular institutions of the Republic of Lithuania abroad.

Persons specified in paragraphs 2 and 3 of part 1 of Article 17 of this Law shall address applications concerning the implementation of the right to citizenship of the Republic of Lithuania to the Ministry of Internal Affairs of the Republic of Lithuania and file said applications with the executive institution of local government.

After the conditions provided under part 6 of Article 17 of this Law are met, the Ministry of Internal Affairs shall issue persons who are implementing the right to citizenship of the Republic with passports of a citizen of the Republic of Lithuania.

Article 29.      Citizenship Committee

For preliminary consideration of issues of citizenship of the Republic of Lithuania, the President of the Republic shall form a Committee for the issues of Citizenship and shall approve the Rules for the Examination of Issues of Citizenship in the Citizenship Committee.

The Citizenship Committee shall have the right to invite to its meetings the person whose citizenship is being considered, as well as to instruct state agencies to express, within the time period prescribed by the Committee, their opinion and present all necessary documents on the application or motion that is being considered by the Committee.

A meeting of the Committee shall be operative if not less than two thirds of the members take part therein. Decisions of the Committee shall be adopted by majority vote and registered in the minutes which shall be signed by all the members participating in the meeting.

The Citizenship Committee shall submit to the President of the Republic proposals to comply with the applicants' requests concerning citizenship of the Republic of Lithuania; in cases where the Committee refuses to recommend the granting of citizenship, it shall notify the applicant thereof in writing, setting forth the reasons for refusal

The Committee shall examine applications requesting the granting citizenship of the Republic of Lithuania under Article 16 of this Law and shall submit to the President of the Republic proposals to comply with requests.

Article 30.      Repealed

Article 31.      Adopting Decisions on Applications and Motions concerning the Issues of Citizenship

The issues concerning the granting, renunciation, restoration and loss of citizenship of the Republic of Lithuania under Article 21 of this Law, as well as issues concerning the invalidation of the Acts on the granting of citizenship shall be resolved by the President of the Republic, who shall issue appropriate decrees thereon.

Decisions concerning the implementation of the right to citizenship of the Republic of Lithuania shall be adopted by the Minister of Internal Affairs of the Republic of Lithuania.

If it comes to light that the person has acquired citizenship of another state, the Minister of Internal Affairs shall state the fact of loss of citizenship of the Republic of Lithuania under item 2 of Article 19 of this Law. Said person shall be considered to have lost citizenship of the Republic of Lithuania from the day of acquisition of citizenship of the other state.

Decrees of the President of the Republic concerning the granting of citizenship of the Republic of Lithuania and decisions of the Minister of Internal Affairs concerning the right to citizenship of the Republic of Lithuania under Part 6 of Article 17 of this Law shall become effective only after said person has taken an oath at the executive institutions of local government or at a diplomatic mission or consular institution of the Republic of Lithuania abroad.

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

Within 7 days after said oath, the executive institutions of local government, or diplomatic missions or consular institutions of the Republic of Lithuania abroad shall inform the Office of the President of the Republic and the Ministry of Internal Affairs thereof.

Article 32.      Adoption of Decisions on the Change of Citizenship of Children

In cases specified in Articles 24-27 of this Law, the Ministry of Internal Affairs of the Republic of Lithuania shall consider issues concerning the change of the children's citizenship and prepare the necessary documents.

Article 33.      Publication of Legal Acts on Citizenship of the Republic of Lithuania

Decrees of the President of the Republic concerning the granting, restoration, or loss of citizenship of the Republic of Lithuania, as well as on the invalidation of the Act on the granting of citizenship of the Republic of Lithuania shall be published in "Valstybes þinios" (Official Gazette).

Article 34.      Repeat Consideration of Applications and Motions Concerning Issues of Citizenship of the Republic of Lithuania

Repeat application concerning the granting of citizenship of the Republic of Lithuania or restoration of citizenship of the Republic of Lithuania shall be considered no sooner than one year after the adoption of the previous decision.

Article 35.      Preparation of Documents Concerning Citizenship of the Republic of Lithuania

Documents concerning citizenship of persons who are permanent residents in Lithuania shall be prepared by the Ministry of Internal Affairs of the Republic of Lithuania; documents of persons permanently residing in other states shall be prepared by the Ministry of Foreign Affairs of the Republic of Lithuania together with the Ministry of Internal Affairs.

The rules for the preparation of documents of citizenship of the Republic of Lithuania shall be approved by the Government of the Republic of Lithuania.

Chapter 6 International Agreements

Article 36.      Application of International Agreements on Questions of Citizenship

If an international agreement to which the Republic of Lithuania is a party prescribes rules other than those established by this Law, the provisions of the international agreement shall prevail.

Vytautas Landsbergis

President

Supreme Council

Republic of Lithuania