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Law on Citizenship


Published: 2010-02-12

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Translated from Lithuanian

 

REPUBLICOF LITHUANIA

LAW ON CITIZENSHIP

 

2 December 2010 – No XI-1196

Vilnius

 

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1.Purpose of the Law

This Law shall define the principles of citizenship of the Republic of Lithuania, establish the grounds, conditions and procedure for the acquisition and loss of citizenship of the Republic of Lithuania, as well as regulate other relationships of citizenship of the Republic of Lithuania.

 

Article 2.Definitions

1. Stateless person” means a person who is not a citizen of any state.

2. Person exiled from the occupied Republic of Lithuania before 11 March 1990means a person who held citizenship of the Republic of Lithuania before 15 June 1940 or his descendant, who were forcibly expelled from Lithuania by decisions of institutions or courts of occupation regimes in the period from 15 June 1940 to 11 March 1990 for reasons of resistance to occupation regimes, political or social reasons or reasons of origin.

3. Person who fled Lithuania before 11 March 1990” means a person who held citizenship of the Republic of Lithuania before 15 June 1940 or his descendant, who left the current territory of the Republic of Lithuania before 11 March 1990 to reside permanently in another state, if their permanent residence on 11 March 1990 was outside Lithuania.

4. Citizen of another state” means a person holding citizenship of a state other than the Republic of Lithuania.

5.Service of another state” means the service where a position of a state politician or official or any other position related to the implementation of functions of justice or public administration is held in institutions of any other state, when these positions require holding citizenship of that state and/or taking an oath of allegiance to that state.The service of another state shall include the military service and any other statutory service. The service of another state shall not include a position of a politician in local self-government bodies to which a citizen of the Republic of Lithuania may be elected under European Union law.

6. Person of Lithuanian descent” means a person whose parents or grandparents or one of the parents or grandparents are or were Lithuanians and who considers himself Lithuanian and declares it by written statement.

7. Descendant of a citizen of the Republic of Lithuania” means a child, grandchild or great-grandchild of a person who held citizenship of the Republic of Lithuania before 15 June 1940.

8. Citizenship of the Republic of Lithuania” means the permanent legal relationship of a person with the Republic of Lithuania based on mutual rights and responsibilities.

9. Citizen of the Republic of Lithuania” means a person holding citizenship of the Republic of Lithuania.

10. Reinstatement of citizenship of the Republic of Lithuania” means the exercise of the right to reinstate citizenship of the Republic of Lithuania on the grounds and in accordance with the procedure laid down by this Law.

11. Restoration of citizenship of the Republic of Lithuania” means the restoration of citizenship of the Republic of Lithuania to a person who has lost the formerly held citizenship of the Republic of Lithuania.

12. Granting of citizenship of the Republic of Lithuania” means the granting of citizenship of the Republic of Lithuania through naturalisation, under the simplified procedure or by way of exception.

13. Granting of citizenship of the Republic of Lithuania through naturalisation” means the granting of citizenship of the Republic of Lithuania to a person who meets the conditions for granting citizenship of the Republic of Lithuania as laid down in this Law.

14. Granting of citizenship of the Republic of Lithuania under the simplified procedure” means the granting of citizenship of the Republic of Lithuania without applying naturalisation conditions to a person of Lithuanian descent who has never been a citizen of the Republic of Lithuania.

15. Granting of citizenship of the Republic of Lithuania by way of exception” means the granting of citizenship of the Republic of Lithuania to a citizen of another state or a stateless person for outstanding merits to the Republic of Lithuania, who have integrated into the Lithuanian society, without applying naturalisation conditions.

16. Applications relating to citizenship of the Republic of Lithuania” means applications for the reinstatement, granting, renunciation or restoration of citizenship of the Republic of Lithuania.

17. Right to reinstate citizenship of the Republic of Lithuania” means the right of a person who held citizenship of the Republic of Lithuania before 15 June 1940 and his descendants to reinstate citizenship of the Republic of Lithuania in accordance with the procedure laid down by this Law.

18. Legal permanent residence in the Republic of Lithuania” means the uninterrupted residence of a citizen of another state or a stateless person in the Republic of Lithuania, holding a document entitling or attesting to the right of residence in the Republic of Lithuania, for the period specified in this Law. A person shall be considered to reside in the Republic of Lithuania uninterruptedly during a one-year period, provided he has been resident in the Republic of Lithuania for at least six months during that year.

 

Article 3.Principles of Citizenship of the Republic of Lithuania

1. Citizenship of the Republic of Lithuania shall be based on the continuity of the Republic of Lithuania and its citizenship.

2. Every Lithuanian shall have the right to citizenship of the Republic of Lithuania, which shall be implemented in accordance with the procedure laid down by this Law.

3. Citizenship of the Republic of Lithuania shall be equal irrespective of the ground on which it has been acquired.

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

5. A citizen of the Republic of Lithuania residing in another state shall not lose citizenship of the Republic of Lithuania.

6. A citizen of the Republic of Lithuania who has entered into or dissolved a marriage with a citizen of another state, as well as upon the change of citizenship of his spouse shall not lose citizenship of the Republic of Lithuania.

7. A citizen of the Republic of Lithuania shall have the right to renounce citizenship of the Republic of Lithuania, except in cases provided for in this Law.

8. A citizen of the Republic of Lithuania may not be deprived of citizenship. Citizenship of the Republic of Lithuania shall be lost only on the grounds and in accordance with the procedure laid down by this Law.

9. The citizenship of a child who has acquired citizenship of the Republic of Lithuania by birth shall not change upon the change of the citizenship of both or one of his parents.

 

Article 4.Application of International Treaties

Where an effective international treaty ratified by the Republic of Lithuania establishes provisions other than those provided for in this Law, the provisions of the international treaty to which the Republic of Lithuania is a party shall apply.

 

CHAPTERII

CITIZENS OF THE REPUBLIC OF LITHUANIA

 

Article 5.Citizens of the Republic of Lithuania

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

1) persons who are citizens of the Republic of Lithuania on the date of the entry into force of this Law;

2) persons who have reinstated citizenship of the Republic of Lithuania under this Law;

3) persons who have acquired citizenship of the Republic of Lithuania under this Law.

 

Article 6.Legal Status of Citizens of the Republic of Lithuania

1. Citizens of the Republic of Lithuania shall have all rights, freedoms and responsibilities established by the Constitution, laws and other legal acts of the Republic of Lithuania, as well as international treaties to which the Republic of Lithuania is a party.

2. A citizen of the Republic of Lithuania must observe the Constitution, laws and other legal acts of the Republic of Lithuania, as well as international treaties to which the Republic of Lithuania is a party, fulfil the responsibilities set forth therein, protect the interests of the Republic of Lithuania, help strengthen its power and authority, and be loyal to it.

3. The State of Lithuania shall defend and protect its citizens outside the territory of the Republic of Lithuania.

4. A citizen of the Republic of Lithuania may not be expelled from the territory of the Republic of Lithuania.

5. A citizen of the Republic of Lithuania may not be extradited to another state, except in cases provided for in international treaties to which the Republic of Lithuania is a party.

 

Article 7.Cases when a Citizen of the Republic of Lithuania may be a Citizen of Another State at the Same Time

A citizen of the Republic of Lithuania may be a citizen of another state at the same time, provided he meets at least one of the following conditions:

1) he has acquired citizenship of the Republic of Lithuania and citizenship of another state at birth and he has not reached 21 years of age;

2) he is a person who was exiled from the occupied Republic of Lithuania before 11 March 1990 and acquired citizenship of another state;

3) he is a person who fled the Republic of Lithuania before 11 March 1990 and acquired citizenship of another state;

4) he is a descendant of a person referred to in subparagraph 2 or 3 of this Article;

5) by virtue of marriage to a citizen of another state he has ipso facto acquired citizenship of that state;

6) he is a person under 21 years of age, provided he was adopted by citizens (citizen) of the Republic of Lithuania before reaching 18 years of age and, as a result of the adoption, acquired citizenship of the Republic of Lithuania pursuant to paragraph 1 of Article 17 of this Law;

7) he is a person under 21 years of age, provided he, being a citizen of the Republic of Lithuania, was adopted by citizens (citizen) of another state before reaching 18 years of age and, as a result of the adoption, acquired citizenship of that state;

8) he has acquired citizenship of the Republic of Lithuania by way of exception while being a citizen of another state;

9) he has acquired citizenship of the Republic of Lithuania while having refugee status in the Republic of Lithuania.

 

Article 8.Status of a Citizen of the Republic of Lithuania Holding Citizenship of Another State at the Same Time

A citizen of the Republic of Lithuania who is a citizen of another state at the same time shall be considered by the State of Lithuania to be only a citizen of the Republic of Lithuania. The possession of citizenship of another state shall not relieve him of the responsibilities as a citizen of the Republic of Lithuania under the Constitution, laws and other legal acts of the Republic of Lithuania.

 

Article 9.Reinstatement of Citizenship of the Republic of Lithuania

1. Persons who held citizenship of the Republic of Lithuania before 15 June 1940 and their descendants, who have not acquired citizenship of the Republic of Lithuania before the entry into force of this Law, shall have an indefinite right to reinstate citizenship of the Republic of Lithuania, irrespective of whether they are permanently resident in the Republic of Lithuania or in any other state.

2. Persons referred to in paragraph 1 of this Article may reinstate citizenship of the Republic of Lithuania, provided they are not citizens of another state. The requirement to renounce citizenship of another state shall not apply to persons who, pursuant to subparagraph 2, 3 or 4 of Article 7 of this Law, may be citizens of both the Republic of Lithuania and another state at the same time.

3. Citizenship of the Republic of Lithuania shall not be reinstated if there are any circumstances specified in subparagraph 1 or 2 of Article 22 of this Law.

4. Citizenship of the Republic of Lithuania may be reinstated only once.

 

Article 10.Right of Persons of Lithuanian Descent to Acquire Citizenship of the Republic of Lithuania under the Simplified Procedure

1. Persons of Lithuanian descent who have never held citizenship of the Republic of Lithuania shall have the right to acquire citizenship of the Republic of Lithuania under the simplified procedure, irrespective of whether they are permanently resident in the Republic of Lithuania or in any other state.

2. Persons referred to in paragraph 1 of this Article may acquire citizenship of the Republic of Lithuania under the simplified procedure, provided they are not citizens of another state and there are no circumstances specified in Article 22 of this Law under which citizenship of the Republic of Lithuania shall not be granted.

 

Article 11.  Documents Certifying Citizenship of the Republic of Lithuania

Documents certifying citizenship of the Republic of Lithuania shall be a passport or identity card of a citizen of the Republic of Lithuania issued in accordance with the procedure laid down by legal acts of the Republic of Lithuania or any other document proving that a person is a citizen of the Republic of Lithuania.

 

Article 12.Documents Attesting to the Right to Reinstate Citizenship of the Republic of Lithuania and Documents Certifying Lithuanian Descent

Persons having the right to reinstate citizenship of the Republic of Lithuania shall, at their request, in accordance with the procedure established by the Government of the Republic of Lithuania, be issued documents attesting to that right. Persons of Lithuanian descent shall, at their request, in accordance with the procedure established by the Government of the Republic of Lithuania, be issued documents certifying their Lithuanian descent.

 

CHAPTER III

Acquisition of Citizenship of the Republic of Lithuania

 

Article 13.Grounds for the Acquisition of Citizenship of the Republic of Lithuania

Citizenship of the Republic of Lithuania shall be acquired:

1) by birth;

2) on being granted citizenship of the Republic of Lithuania under the simplified procedure;

3) on being granted citizenship of the Republic of Lithuania through naturalisation;

4) on being granted citizenship of the Republic of Lithuania by way of exception;

5) on having citizenship of the Republic of Lithuania restored;

6) on the grounds established by international treaties to which the Republic of Lithuania is a party.

 

Article 14.  Acquisition of Citizenship of the Republic of Lithuania by Birth where both or one of the Parents of a Child are Citizens of the Republic of Lithuania

1. A child both of whose parents or one of them are citizens of the Republic of Lithuania shall acquire citizenship of the Republic of Lithuania by birth, irrespective of whether he was born in or outside the territory of the Republic of Lithuania.

2. A child, at least one of whose parents was a citizen of the Republic of Lithuania but died before the child was born, shall acquire citizenship of the Republic of Lithuania by birth, irrespective of whether he was born in or outside the territory of the Republic of Lithuania.

3. Citizenship of the Republic of Lithuania held by children referred to in this Article shall be entered in a document certifying the fact of birth when registering the birth of a child.

 

Article 15.  Acquisition of Citizenship of the Republic of Lithuania by Birth where both or one of the Parents of a Child are Stateless Persons

1. A child of stateless persons who are legally permanently resident in the Republic of Lithuania shall be a citizen of the Republic of Lithuania, irrespective of whether he was born in or outside the territory of the Republic of Lithuania, provided he has not acquired citizenship of another state at birth.

2. A child whose one parent is a stateless person who is legally permanently resident in the Republic of Lithuania and the other parent is unknown shall be a citizen of the Republic of Lithuania, irrespective of whether he was born in or outside the territory of the Republic of Lithuania, provided he has not acquired citizenship of another state at birth.

3. Citizenship of the Republic of Lithuania held by children referred to in this Article, provided they have not acquired citizenship of another state at birth, shall be entered in a document certifying the fact of birth when registering the birth of a child.

 

Article 16.  Citizenship of a Child whose Parents are Unknown

A child found or living in the territory of the Republic of Lithuania, both of whose parents are unknown, shall be considered to be born in the territory of the Republic of Lithuania and acquire citizenship of the Republic of Lithuania, unless it transpires that the child has acquired citizenship of another state or other circumstances are discovered, by reason of which the child would acquire citizenship of another state. This provision shall also apply to a child where both of his parents or his only parent are dead or recognised as missing, or both of his parents or his only parent have been recognised as legally incapable in accordance with the established procedure, or where the parental powers of both of his parents or his only parent have been restricted and the child has been placed under permanent guardianship (custody).

 

Article 17.  Citizenship of an Adopted Child

1. A child adopted by citizens (citizen) of the Republic of Lithuania shall acquire citizenship of the Republic of Lithuania from the date of his adoption.

2. A child who is a citizen of the Republic of Lithuania and who is adopted by citizens (citizen) of another state shall remain a citizen of the Republic of Lithuania irrespective of whether or not he has acquired citizenship of another state as a result of the adoption.

 

Article 18.Granting of Citizenship of the Republic of Lithuania through Naturalisation

1. Citizenship of the Republic of Lithuania may be granted to a person, provided he meets the following conditions:

2) he has been legally permanently resident in the Republic of Lithuania for the last ten years;

2) at the time of the application for the granting of citizenship of the Republic of Lithuania and the decision regarding the granting of citizenship of the Republic of Lithuania, he has the right of permanent residence in the Republic of Lithuania;

3) he has passed an examination in the state language;

4) he has passed an examination in the fundamentals of the Constitution of the Republic of Lithuania;

5) he has legal means of subsistence;

6) he is a stateless person or a citizen of a state under the law of which he shall lose citizenship of that state on acquiring citizenship of the Republic of Lithuania, or expresses his will in writing to renounce his citizenship of another state after he is granted citizenship of the Republic of Lithuania;

7) there are no circumstances specified in Article 22 of this Law.

2. The rules for the examination in the state language and the examination in the fundamentals of the Constitution of the Republic of Lithuania, documents certifying the passing of these examinations and the procedure for issuing such documents shall be established by the Government of the Republic of Lithuania.

3. Persons who have reached 65 years of age, persons whose capacity for work has been rated at 0-55 percent, and persons who have reached pensionable age and been assessed in accordance with the procedure laid down by legal acts as having high or moderate special needs, as well as persons with serious chronic mental disorders shall not be affected by the provisions of subparagraphs 3 and 4 of paragraph 1 of this Article.

4. Citizens of other states or stateless persons having refugee status in the Republic of Lithuania shall not be affected by the provisions of subparagraph 6 of paragraph 1 of this Article.

5. Persons who meet the conditions laid down in this Article shall be granted citizenship of the Republic of Lithuania having regard to the interests of the Republic of Lithuania.

 

Article 19.Granting of Citizenship of the Republic of Lithuania to Persons Married to Citizens of the Republic of Lithuania

1. A person married to a citizen of the Republic of Lithuania and legally permanently residing together with his spouse in the Republic of Lithuania for the last seven years may be granted citizenship of the Republic of Lithuania, provided he meets the following conditions:

1) at the time of the application for the granting of citizenship of the Republic of Lithuania and the decision regarding the granting of citizenship of the Republic of Lithuania, he has the right of permanent residence in the Republic of Lithuania;

2) he has passed an examination in the state language;

3) he has passed an examination in the fundamentals of the Constitution of the Republic of Lithuania;

4) he is a stateless person or a citizen of a state under the law of which he shall lose citizenship of that state on acquiring citizenship of the Republic of Lithuania, or expresses his will in writing to renounce his citizenship of another state after he is granted citizenship of the Republic of Lithuania;

5) there are no circumstances specified in Article 22 of this Law.

2. A person married to a citizen of the Republic of Lithuania who is a deportee, political prisoner or their child born in exile may be granted citizenship of the Republic of Lithuania, provided he meets the following conditions:

1) after entering into a marriage, he moves to the Republic of Lithuania for permanent residence;

2) he has been legally permanently resident in the Republic of Lithuania together with his spouse, who is a citizen of the Republic of Lithuania, for the last five years;

3) at the time of the application for the granting of citizenship of the Republic of Lithuania and the decision regarding the granting of citizenship of the Republic of Lithuania, he has the right of permanent residence in the Republic of Lithuania;

4) he has passed an examination in the fundamentals of the Constitution of the Republic of Lithuania;

5) he is a stateless person or a citizen of a state under the law of which he shall lose citizenship of that state on acquiring citizenship of the Republic of Lithuania, or expresses his will in writing to renounce his citizenship of another state after he is granted citizenship of the Republic of Lithuania;

6) there are no circumstances specified in Article 22 of this Law.

3. A person, who has lived in the Republic of Lithuania for over a year while being married to a citizen of the Republic of Lithuania who later died, may be granted citizenship of the Republic of Lithuania, provided he meets the following conditions:

1) he has been legally permanently resident in the Republic of Lithuania for the last five years;

2) at the time of the application for the granting of citizenship of the Republic of Lithuania and the decision regarding the granting of citizenship of the Republic of Lithuania, he has the right of permanent residence in the Republic of Lithuania;

3) he has passed an examination in the state language;

4) he has passed an examination in the fundamentals of the Constitution of the Republic of Lithuania;

5) he is a stateless person or a citizen of a state under the law of which he shall lose citizenship of that state on acquiring citizenship of the Republic of Lithuania, or expresses his will in writing to renounce his citizenship of another state after he is granted citizenship of the Republic of Lithuania;

6) there are no circumstances specified in Article 22 of this Law.

 

Article 20.Granting of Citizenship of the Republic of Lithuania by Way of Exception

1. The President of the Republic may, in compliance with this Law, grant citizenship of the Republic of Lithuania by way of exception to citizens of other states or stateless persons for outstanding merits to the Republic of Lithuania, who have integrated into the Lithuanian society, without applying in respect of them the conditions for granting citizenship of the Republic of Lithuania provided for in Article 18 of this Law.

2. Under this Law, outstanding merits to the Republic of Lithuania shall be any activities of a foreign citizen or a stateless person, which significantly contribute to the consolidation of the statehood of the Republic of Lithuania, as well as to the strengthening of its power and authority in the international community. Under this Law, a person shall be considered as having integrated into the Lithuanian society if he is permanently resident in the Republic of Lithuania and is able to communicate in Lithuanian or, where he is not permanently resident in the Republic of Lithuania, he is able to communicate in Lithuanian and there is any other tangible proof of his integration into the Lithuanian society.

3. The granting of citizenship of the Republic of Lithuania by way of exception shall not ipso facto entail any legal consequences for the spouse, child or other family members of a person who has acquired citizenship of the Republic of Lithuania.

4. Citizenship of the Republic of Lithuania shall not be granted by way of exception if there are any circumstances specified in Article 22 of this Law.

5. A person who has lost citizenship of the Republic of Lithuania on the grounds laid down in Article 24 of this Law may not be granted citizenship of the Republic of Lithuania by way of exception.

 

Article 21.Restoration of Citizenship of the Republic of Lithuania

1. A person who has lost citizenship of the Republic of Lithuania may have citizenship of the Republic of Lithuania restored on his application. A person who has lost citizenship of the Republic of Lithuania may have citizenship of the Republic of Lithuania restored only once. A person who has been granted citizenship of the Republic of Lithuania by way of exception may not, after losing citizenship of the Republic of Lithuania, have it restored.

2. A person who was granted citizenship of the Republic of Lithuania through naturalisation and who lost citizenship of the Republic of Lithuania may have citizenship of the Republic of Lithuania restored on his application, provided he meets the following conditions:

1) he is not a citizen of another state or expresses his will in writing to renounce his citizenship of another state after he has citizenship of the Republic of Lithuania restored;

2) he has been legally permanently resident in the Republic of Lithuania for the last five years;

3) at the time of the application for the restoration of citizenship of the Republic of Lithuania and the decision regarding the restoration of citizenship of the Republic of Lithuania, he has the right of permanent residence in the Republic of Lithuania;

4) he has legal means of subsistence;

5) there are no circumstances specified in Article 22 of this Law.

3. Subject to the conditions specified in paragraph 2 of this Article, citizenship of the Republic of Lithuania may also be restored to a person who has lost citizenship of the Republic of Lithuania, where he acquired citizenship of the Republic of Lithuania before reaching 18 years of age because both or one of his parents had acquired citizenship of the Republic of Lithuania through naturalisation.

4. A person who acquired citizenship of the Republic of Lithuania by birth, who had citizenship of the Republic of Lithuania reinstated or was granted citizenship of the Republic of Lithuania under the simplified procedure and who subsequently lost it, may have citizenship of the Republic of Lithuania restored, provided he is not a citizen of another state. This requirement shall not apply to a person who, pursuant to subparagraphs 1-4 of Article 7 of this Law, has the right to be a citizen of both the Republic of Lithuania and another state at the same time.

 

Article 22.Circumstances by Reason of which Citizenship of the Republic of Lithuania shall not be Granted or Restored

Citizenship of the Republic of Lithuania shall not be granted through naturalisation, under the simplified procedure or by way of exception, or restored to persons who:

1) prepared, attempted to commit or committed international crimes such as aggression, genocide, crimes against humanity and war crime;

2) prepared, attempted to commit or committed criminal acts against the Republic of Lithuania;

3) prior to coming to reside in the Republic of Lithuania, were sentenced to imprisonment in another state for a premeditated crime which is a grave crime under laws of the Republic of Lithuania, or were punished for a grave crime in the Republic of Lithuania, irrespective of whether or not the conviction for the crimes specified in this subparagraph has expired;

4) in accordance with the procedure laid down by law, is not entitled to obtain a document attesting to the right of permanent residence in the Republic of Lithuania.

 

Article 23.Oath of Allegiance to the Republic of Lithuania

1. A person who has been granted citizenship of the Republic of Lithuania under the simplified procedure, through naturalisation, by way of exception or by restoring it, as well as on the grounds established by international treaties to which the Republic of Lithuania is a party, must, within the time period set in paragraph 4 of this Article, take a public and solemn oath of allegiance to the Republic of Lithuania.

2. The text of the oath of allegiance to the Republic of Lithuania shall read as follows:

1) “I, (name, surname), on becoming a citizen of the Republic of Lithuania, do solemnly, without reservation, swear my allegiance to the Republic of Lithuania, to observe the Constitution and laws of the Republic of Lithuania, to defend the independence, territorial integrity and constitutional order of the State of Lithuania. I pledge to respect the state language, culture and customs of Lithuania, to strengthen the basic principles of democracy and the rule of law in Lithuania. So help me God.”;

2) “I, (name, surname), on becoming a citizen of the Republic of Lithuania, do solemnly, without reservation, swear my allegiance to the Republic of Lithuania, to observe the Constitution and laws of the Republic of Lithuania, to defend the independence, territorial integrity and constitutional order of the State of Lithuania. I pledge to respect the state language, culture and customs of Lithuania, to strengthen the basic principles of democracy and the rule of law in Lithuania.”

3. A person who has to take an oath shall choose one of the texts of the oath of allegiance to the Republic of Lithuania specified in paragraph 2 of this Article.

4. The time period for a person to take an oath shall be as follows:

1) a stateless person or a person who is a citizen of a state under the law of which he shall lose citizenship of that state on acquiring citizenship of the Republic of Lithuania, as well as a person who has been granted citizenship of the Republic of Lithuania by way of exception must take an oath within six months from the effective date of the decree of the President of the Republic on the granting of citizenship of the Republic of Lithuania;

2) a person who has expressed his will in writing to renounce his citizenship of another state after he is granted citizenship of the Republic of Lithuania must take an oath within two years from the effective date of the decree of the President of the Republic on the granting or restoration of citizenship of the Republic of Lithuania.

5. A person shall take an oath at the Ministry of the Interior of the Republic of Lithuania (hereinafter referred to as the “Ministry of the Interior”) or at a diplomatic mission or consular post of the Republic of Lithuania. A person's oath at the Ministry of the Interior shall be administered by the Minister of the Interior or the Vice Minister authorised by the Minister of the Interior, whereas an oath at a diplomatic mission or consular post shall be administered by the head of the respective diplomatic mission or consular post.

6. A person shall take an oath while standing in front of the person who administers the oath, and read the text of the oath while holding his hand on the Constitution of the Republic of Lithuania. Upon having read the text of the oath, the person concerned shall sign his personal oath form. The signed personal oath form shall be handed over to the person who has administered the oath.

7. The requirements laid down in paragraphs 5 and 6 of this Article shall not apply to persons who, by reason of disability, are unable to do so.

8. The text of the oath of allegiance to the Republic of Lithuania shall not be amended or changed.Non-compliance with this provision, as well as refusal to sign the personal oath form or signing with reservations shall mean that the person concerned has not taken an oath.

9. Persons who, at the time of acquiring citizenship of the Republic of Lithuania, held citizenship of another state shall take the oath of allegiance to the Republic of Lithuania only after providing the institutions referred to in paragraph 5 of this Article with proof that they are not citizens of another state. The requirement to provide proof of the loss of citizenship of another state shall not apply to persons who, pursuant to Article 7 of this Law, may be citizens of both the Republic of Lithuania and another state at the same time. The requirement to provide proof of the loss of citizenship of another state shall not apply where the law of that state does not provide for any procedures relating to the renunciation of its citizenship or the loss of its citizenship on acquiring citizenship of another state, or where such procedures are not reasonable by a decision of the Minister of the Interior.

10. The procedure for taking the oath of allegiance to the Republic of Lithuania shall be established by the Government of the Republic of Lithuania.

11. Diplomatic missions, consular posts of the Republic of Lithuania shall, within a week, notify the Office of the President of the Republic and an institution authorised by the Government of the Republic of Lithuania of the persons who have taken an oath at these diplomatic missions and consular posts. An institution authorised by the Government of the Republic of Lithuania shall, within a week, notify the Office of the President of the Republic of the persons who have taken an oath at the Ministry of the Interior.

12. A person who acquires citizenship of the Republic of Lithuania under the simplified procedure, through naturalisation, by way of exception or by restoring it, as well as on the grounds established by international treaties to which the Republic of Lithuania is a party shall become a citizen of the Republic of Lithuania and acquire rights, freedoms and responsibilities as a citizen of the Republic of Lithuania only after having taken the oath of allegiance to the Republic of Lithuania.

 

CHAPTER IV

LOSS OF CITIZENSHIP OF THE REPUBLIC OF LITHUANIA

 

Article 24.Loss of Citizenship of the Republic of Lithuania       

Citizenship of the Republic of Lithuania shall be lost:

1) on renouncing citizenship of the Republic of Lithuania;

2) on acquiring citizenship of another state, except in cases provided for in this Law;

3) on the grounds established by international treaties to which the Republic of Lithuania is a party;

4) where a citizen of the Republic of Lithuania is in the service of another state without authorisation of the Government of the Republic of Lithuania;

5) on acquiring citizenship of the Republic of Lithuania by presenting forged documents or by any other fraudulent means;

6) when circumstances specified in Article 22 of this Law are discovered, by reason of which citizenship of the Republic of Lithuania could not have been granted, reinstated or restored;

7) when it transpires that a decision on citizenship of the Republic of Lithuania in respect of the person concerned has been taken in breach of this or other laws of the Republic of Lithuania;

8) where a citizen of the Republic of Lithuania who is a citizen of another state at the same time pursuant to subparagraphs 1, 6 and 7 of Article 7 of this Law has not, upon reaching 21 years of age, renounced citizenship of another state (states).

 

Article 25.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 provided for in this Article.

2. An application for the renunciation of citizenship of the Republic of Lithuania made by a citizen of the Republic of Lithuania may not be considered if he is suspected or accused of a criminal act or there is an effective and enforceable court judgement in respect of him.

3. An application for the renunciation of citizenship of the Republic of Lithuania made by a citizen of the Republic of Lithuania may not be considered where this would render the person stateless.

 

Article 26.Loss of Citizenship of the Republic of Lithuania on Acquiring Citizenship of Another State

1. A citizen of the Republic of Lithuania who has acquired citizenship of another state shall lose citizenship of the Republic of Lithuania from the date of the acquisition of citizenship of another state, except for persons who, pursuant to subparagraphs 1-5 and 7 of Article 7 of this Law, may be citizens of both the Republic of Lithuania and another state at the same time.

2. A citizen of the Republic of Lithuania who has acquired citizenship of another state must, within two months from the date of the acquisition of citizenship of another state, notify in writing an institution authorised by the Government of the Republic of Lithuania, or a diplomatic mission or consular post of the Republic of Lithuania thereof.

3. A person who has failed to comply with the obligation specified in paragraph 2 of this Article within the set time limits shall be held liable under laws of the Republic of Lithuania.

 

CHAPTER V

Citizenship of Children under 18 years of age upon the change of the citizenship of their parents

 

Article 27.Citizenship of a Child when both or one of his Parents Acquire Citizenship of the Republic of Lithuania

Where citizenship of the Republic of Lithuania is acquired or reinstated by one or both of the parents of a child, a child under 14 years of age shall also acquire citizenship of the Republic of Lithuania, unless he is a citizen of another state. A child of the persons referred to in this Article, who is between 14 and 18 years of age, shall acquire citizenship of the Republic of Lithuania only with his consent, unless he is a citizen of another state.

 

Article 28.Citizenship of a Child when both or one of his Parents Lose Citizenship of the Republic of Lithuania

1. Where citizenship of the Republic of Lithuania is lost by both or one of the parents of a child, a child who has acquired citizenship of the Republic of Lithuania by birth shall remain a citizen of the Republic of Lithuania.

2. Where citizenship of the Republic of Lithuania is lost by both of the parents of a child, who have acquired citizenship of the Republic of Lithuania through naturalisation, a child under 18 years of age, who has acquired citizenship of the Republic of Lithuania by means other than by birth, shall lose citizenship of the Republic of Lithuania, except in cases where the loss of citizenship of the Republic of Lithuania would render the child stateless. A child between 14 and 18 years of age may lose citizenship of the Republic of Lithuania only with his consent, except in cases where the loss of citizenship of the Republic of Lithuania would render the child stateless.

3. Where citizenship of the Republic of Lithuania is lost by one of the parents of a child, who has acquired citizenship of the Republic of Lithuania through naturalisation, whereas the other parent remains a citizen of the Republic of Lithuania, a child who has acquired citizenship of the Republic of Lithuania by means other than by birth shall remain a citizen of the Republic of Lithuania.

4. Where citizenship of the Republic of Lithuania is lost by one of the parents of a child, who has acquired citizenship of the Republic of Lithuania through naturalisation, whereas the other parent is not a citizen of the Republic of Lithuania or is unknown, a child under 18 years of age, who has acquired citizenship of the Republic of Lithuania by means other than by birth, shall lose citizenship of the Republic of Lithuania, except in cases where the loss of citizenship of the Republic of Lithuania would render the child stateless. A child between 14 and 18 years of age may lose citizenship of the Republic of Lithuania only with his consent, except in cases where the loss of citizenship of the Republic of Lithuania would render the child stateless.

 

CHAPTER VI

CONSIDERATION AND DECISION OF ISSUES CONCERNING CITIZENSHIP OF THE REPUBLIC OF LITHUANIA

 

Article 29.Institutions Preparing Documents Relating to Citizenship of the Republic of Lithuania, Considering and Deciding Issues Concerning Citizenship

Documents relating to citizenship of the Republic of Lithuania shall be prepared, and issues concerning citizenship shall, within their competence, be considered and decided by:

1) the President of the Republic;

2) the Citizenship Commission;

3) the Minister of the Interior;

4) an institution authorised by the Government of the Republic of Lithuania;

5) Vilnius Regional Administrative Court.

 

Article 30.Powers of the President of the Republic in Deciding Issues Concerning Citizenship

1. The President of the Republic shall:

1) grant citizenship of the Republic of Lithuania through naturalisation;

2) grant citizenship of the Republic of Lithuania under the simplified procedure;

3) grant citizenship of the Republic of Lithuania by way of exception;

4) restore citizenship of the Republic of Lithuania.

2. When deciding issues referred to in paragraph 1 of this Article, the President of the Republic shall legislate by decree.

 

Article 31.Citizenship Commission

1. The Citizenship Commission shall be set up and its rules of procedure shall be approved by the President of the Republic.

2. The Citizenship Commission shall be an advisory body to the President of the Republic assisting him in deciding issues concerning citizenship.

3. The Citizenship Commission shall:

1) preliminarily consider applications for the granting of citizenship of the Republic of Lithuania through naturalisation, under the simplified procedure or by way of exception, and put forward proposals to the President of the Republic on these issues;

2) preliminarily consider applications for the restoration of citizenship of the Republic of Lithuania, and put forward proposals to the President of the Republic on these issues;

3) inform in writing applicants whose applications for the granting or restoration of citizenship of the Republic of Lithuania are rejected, and specify reasons for such rejection.

4. Proposals by the Citizenship Commission shall not be binding on the President of the Republic.

 

Article 32.Minister of the Interior

The Minister of the Interior shall:

1) co-sign decrees of the President of the Republic on the granting and restoration of citizenship of the Republic of Lithuania;

2) take decisions on the reinstatement of citizenship of the Republic of Lithuania;

3) take decisions regarding the loss of citizenship of the Republic of Lithuania on renouncing it, acquiring citizenship of another state or having gone into the service of another state without authorisation of the Government of the Republic of Lithuania, as well as pursuant to subparagraph 8 of Article 24 and paragraphs 2 and 4 of Article 28 of this Law;

4) apply to Vilnius Regional Administrative Court regarding the loss of citizenship of the Republic of Lithuania when it transpires that the person concerned has acquired citizenship of the Republic of Lithuania by presenting forged documents or by any other fraudulent means, or when circumstances specified in Article 22 of this Law are discovered, by reason of which citizenship of the Republic of Lithuania could not have been granted, reinstated or restored, or when it transpires that a decision on citizenship of the Republic of Lithuania in respect of the person concerned has been taken in breach of this or other laws of the Republic of Lithuania;

5) administer an oath of allegiance to the Republic of Lithuania taken by persons who have been granted or restored citizenship of the Republic of Lithuania. An oath of allegiance to the Republic of Lithuania taken by such persons may also be administered by the Vice Minister authorised by the Minister of the Interior.

 

Article 33.Institution Authorised by the Government of the Republic of Lithuania

An institution authorised by the Government of the Republic of Lithuania shall:

1) take decisions regarding the acquisition of citizenship of the Republic of Lithuania by children pursuant to Article 16, paragraph 1 of Article 17 and Article 27 of this Law;

2) examine applications for the reinstatement of citizenship of the Republic of Lithuania and put forward proposals to the Minister of the Interior on this issue;

3) examine issues and documents regarding the loss of citizenship of the Republic of Lithuania on renouncing it, acquiring citizenship of another state or having gone into the service of another state without authorisation of the Government of the Republic of Lithuania, as well as pursuant to subparagraph 8 of Article 24 and paragraphs 2 and 4 of Article 28 of this Law, and put forward recommendations to the Minister of the Interior on these issues;

4) submit applicants’ documents regarding the granting of citizenship of the Republic of Lithuania through naturalisation or under the simplified procedure to the Citizenship Commission for consideration;

5) examine issues and documents regarding the loss of citizenship of the Republic of Lithuania when it transpires that the person concerned has acquired citizenship of the Republic of Lithuania by presenting forged documents or by any other fraudulent means, or when circumstances specified in Article 22 of this Law are discovered, by reason of which citizenship of the Republic of Lithuania could not have been granted, reinstated or restored, or when it transpires that a decision on citizenship of the Republic of Lithuania in respect of the person concerned has been taken in breach of this or other laws of the Republic of Lithuania, and put forward proposals to the Minister of the Interior to apply to Vilnius Regional Administrative Court regarding these issues;

6) inform in writing applicants whose applications for the reinstatement of citizenship of the Republic of Lithuania are rejected, and specify reasons for such rejection;

7) in accordance with the procedure laid down by legal acts, notify the interested persons and institutions of the fact of possession of citizenship of the Republic of Lithuania by children, as well as decisions taken by the Minister of the Interior regarding the reinstatement of citizenship of the Republic of Lithuania, or the loss of citizenship of the Republic of Lithuania on renouncing it, acquiring citizenship of another state or having gone into the service of another state without authorisation of the Government of the Republic of Lithuania;

8) send, through the Ministry of Foreign Affairs of the Republic of Lithuania, to foreign competent authorities the applications for the renunciation of citizenship of another state submitted by persons when the law of that state does not provide for any procedures relating to the renunciation of citizenship or the loss of citizenship on acquiring citizenship of another state, or when such procedures are not reasonable;

9) submit applicants’ documents regarding the restoration of citizenship of the Republic of Lithuania pursuant to paragraphs 2, 3 and 4 of Article 21 of this Law to the Citizenship Commission for consideration.

 

Article 34.  VilniusRegional Administrative Court

Vilnius Regional Administrative Court shall, at the request of the Minister of the Interior, decide regarding the loss of citizenship of the Republic of Lithuania when it transpires that the person concerned has acquired citizenship of the Republic of Lithuania by presenting forged documents or by any other fraudulent means, or when circumstances specified in Article 22 of this Law are discovered, by reason of which citizenship of the Republic of Lithuania could not have been granted, reinstated or restored, or when it transpires that a decision on citizenship of the Republic of Lithuania in respect of the person concerned has been taken in breach of this or other laws of the Republic of Lithuania.

 

Article 35.  Rights and Duties of other State and Municipal Institutions and Agencies

State and municipal institutions and agencies must, within their competence, at the request of the state institutions referred to in Article 29 of this Law, provide all the available information necessary for considering and deciding issues concerning citizenship of the Republic of Lithuania.

 

Article 36.  Publication of Decisions Regarding Citizenship of the Republic of Lithuania

1. Decrees of the President of the Republic on the granting of citizenship of the Republic of Lithuania and on the restoration of citizenship of the Republic of Lithuania shall, in accordance with the procedure laid down by law, be published in the official gazette Valstybės žinios.

2. Orders of the Minister of the Interior regarding the reinstatement of citizenship of the Republic of Lithuania and the loss of citizenship of the Republic of Lithuania, as well as decisions of administrative courts regarding the loss of citizenship of the Republic of Lithuania, which are final and not subject to appeal, shall be published in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios.

 

CHAPTER VII

Applications relating to Citizenship of the Republic of Lithuania

 

Article 37.General Rules for Filing Applications Relating to Citizenship of the Republic of Lithuania

1. Issues concerning citizenship of the Republic of Lithuania shall be considered only on written applications submitted by the persons concerned. Applications of children under 18 years of age and legally incapable persons relating to citizenship of the Republic of Lithuania shall be filed by their representatives.

2. Persons residing in the Republic of Lithuania shall submit their applications relating to citizenship of the Republic of Lithuania through an institution authorised by the Government of the Republic of Lithuania. Persons residing abroad shall submit their applications relating to citizenship of the Republic of Lithuania through diplomatic missions and consular posts of the Republic of Lithuania or an institution authorised by the Government of the Republic of Lithuania. Diplomatic missions and consular posts of the Republic of Lithuania shall forward applications relating to citizenship of the Republic of Lithuania submitted by persons permanently residing abroad to an institution authorised by the Government of the Republic of Lithuania.

3. Repeat applications relating to citizenship of the Republic of Lithuania submitted by persons shall be accepted not earlier than one year after the refusal to grant the previous application, except in cases where an application is filed on another ground for the acquisition of citizenship of the Republic of Lithuania established in this Law or new documents are submitted to support the validity of the previous application.

4. Repeat applications for the granting or restoration of citizenship of the Republic of Lithuania submitted by persons who have not taken an oath of allegiance to the Republic of Lithuania within the time limits and in accordance with the procedure established by this Law shall not be considered, unless the person concerned missed this time limit for particularly serious reasons.

5. State fees or consular fees for the acceptance and transfer of documents relating to citizenship of the Republic of Lithuania in the amount set by the Government of the Republic of Lithuania shall be charged for the consideration of applications relating to citizenship of the Republic of Lithuania.

6. The institutions referred to in paragraph 2 of this Article shall have the right to request the person concerned to submit additional documents to support circumstances relating to the acquisition or reinstatement of citizenship of the Republic of Lithuania as specified in this Law.

 

Article 38.Applications for the Reinstatement of Citizenship of the Republic of Lithuania

1. Applications for the reinstatement of citizenship of the Republic of Lithuania shall be submitted to the Minister of the Interior through the institutions referred to in paragraph 2 of Article 37 of this Law.

2. A person who has not been issued a document attesting to the right to reinstate citizenship of the Republic of Lithuania in accordance with the procedure established by the Government of the Republic of Lithuania shall enclose the following documents with his application for the reinstatement of citizenship of the Republic of Lithuania:

1) a personal identification document;

2) documents proving that the person concerned held citizenship of the Republic of Lithuania before 15 June 1940 or is a descendant of a person who held citizenship of the Republic of Lithuania before 15 June 1940;

3) documents evidencing the change of name or surname where such personal data have been changed;

4) a document proving that the person concerned is not a citizen of another state, except in cases where, pursuant to subparagraphs 2, 3 and 4 of Article 7 of this Law, the person concerned may be a citizen of both the Republic of Lithuania and another state at the same time. Where the law of another state does not provide for any procedures relating to the renunciation of citizenship or the loss of citizenship on acquiring citizenship of another state, or where such procedures are not reasonable, a notarised statement by the person applying for the reinstatement of citizenship of the Republic of Lithuania to the effect that he is renouncing citizenship of another state shall be enclosed;

5) documents proving that there is at least one of the conditions specified in subparagraphs 2, 3 and 4 of Article 7 of this Law, where the person concerned is a citizen of another state.

3. A person who has been issued a document attesting to the right to reinstate citizenship of the Republic of Lithuania in accordance with the procedure established by the Government of the Republic of Lithuania shall enclose the following documents with his application for the reinstatement of citizenship of the Republic of Lithuania:

1) a personal identification document;

2) a document attesting to the right to reinstate citizenship of the Republic of Lithuania (this document shall be returned to the institutions referred to in paragraph 1 of this Article);

3) a document evidencing the change of name or surname where such personal data have been changed after the issuance of a document attesting to the right to reinstate citizenship of the Republic of Lithuania to the person concerned;

4) a document proving that the person concerned is not a citizen of another state, except in cases where, pursuant to subparagraphs 2, 3 and 4 of Article 7 of this Law, the person concerned may be a citizen of both the Republic of Lithuania and another state at the same time. Where the law of another state does not provide for any procedures relating to the renunciation of citizenship or the loss of citizenship on acquiring citizenship of another state, or where such procedures are not reasonable, a notarised statement by the person applying for the reinstatement of citizenship of the Republic of Lithuania to the effect that he is renouncing citizenship of another state shall be enclosed;

5) documents proving that there is at least one of the conditions specified in subparagraphs 2, 3 and 4 of Article 7 of this Law, where the person concerned is a citizen of another state.

4. Documents proving that the person concerned held citizenship of the Republic of Lithuania before 15 June 1940 shall be as follows:

1) internal or foreign passports of the Republic of Lithuania issued before 15 June 1940;

2) foreign passports of the Republic of Lithuania issued by diplomatic missions and consular posts of the Republic of Lithuania after 15 June 1940;

3) documents attesting to the person’s service in the Lithuanian armed forces or employment in the civil service;

4) birth certificates or other documents containing direct reference to citizenship of the Republic of Lithuania held by the person concerned;

5) personal certificates issued before 15 June 1940 in Lithuania or personal certificates issued on the basis of documents issued before 15 June 1940.

5. In the absence of documents referred to in paragraph 4 of this Article, documents concerning studies, work and life in Lithuania before 15 June 1940, as well as a passport of a foreign state and other documents may be provided as proof of citizenship of the Republic of Lithuania held before 15 June 1940.

6. Where an institution authorised by the Government of the Republic of Lithuania states that there is not sufficient documentary evidence that the person concerned was a citizen of the Republic of Lithuania before 15 June 1940 or is a descendant thereof, or that there are no documents proving that the person concerned may be a citizen of both the Republic of Lithuania and another state at the same time, such data may be established by court.

 

Article 39.Applications for the Granting of Citizenship of the Republic of Lithuania under the Simplified Procedure

1. Applications for the granting of citizenship of the Republic of Lithuania under the simplified procedure shall be submitted to the President of the Republic through the institutions referred to in paragraph 2 of Article 37 of this Law.

2. A person who has not been issued a document certifying Lithuanian descent in accordance with the procedure established by the Government of the Republic of Lithuania shall enclose the following documents with his application for the granting of citizenship of the Republic of Lithuania under the simplified procedure:

1) a personal identification document;

2) a document certifying Lithuanian descent;

3) a document evidencing the change of name or surname where such personal data have been changed;

4) a document proving that the person concerned is not a citizen of another state. Where the law of another state does not provide for any procedures relating to the renunciation of citizenship or the loss of citizenship on acquiring citizenship of another state, or where such procedures are not reasonable, a notarised statement by the person applying for the granting of citizenship of the Republic of Lithuania under the simplified procedure to the effect that he is renouncing citizenship of another state shall be enclosed.

3. A person who has been issued a document certifying Lithuanian descent in accordance with the procedure established by the Government of the Republic of Lithuania shall enclose the following documents with his application for the granting of citizenship of the Republic of Lithuania under the simplified procedure:

1) a personal identification document;

2) a document certifying Lithuanian descent (this document shall be returned to the institutions referred to in paragraph 1 of this Article);

3) documents evidencing the change of name or surname where such personal data have been changed after the issuance of a document certifying Lithuanian descent to the person concerned;

4) a document proving that the person concerned is not a citizen of another state. Where the law of another state does not provide for any procedures relating to the renunciation of citizenship or the loss of citizenship on acquiring citizenship of another state, or where such procedures are not reasonable, a notarised statement by the person applying for the granting of citizenship of the Republic of Lithuania under the simplified procedure to the effect that he is renouncing citizenship of another state shall be enclosed.

4. Lithuanian descent shall be certified by documents indicating that both or one of the parents or grandparents of a person are or were Lithuanians, as well as a person’s written statement whereby he declares that he considers himself Lithuanian.

5. Where the Citizenship Commission states that there is not sufficient documentary evidence of Lithuanian descent, such data may be established by court.

6. Where an application for the granting of citizenship of the Republic of Lithuania is made by a person holding citizenship of another state, he shall submit a written statement to the effect that he will renounce his citizenship of another state after he is granted citizenship of the Republic of Lithuania.

 

Article 40.Applications for the Granting of Citizenship of the Republic of Lithuania through Naturalisation

1. Applications for the granting of citizenship of the Republic of Lithuania through naturalisation shall be submitted to the President of the Republic through an institution authorised by the Government of the Republic of Lithuania.

2. A person shall enclose the following documents with his application for the granting of citizenship of the Republic of Lithuania through naturalisation:

1) a personal identification document;

2) a document confirming that, at the time of filing this application, the person concerned has the right of permanent residence in the Republic of Lithuania;

3) documents confirming that the person concerned has been legally permanently resident in the Republic of Lithuania for the last ten years;

4) documents confirming that the person concerned has legal means of subsistence;

5) documents certifying that the person concerned has passed the examinations in the state language and in the fundamentals of the Constitution of the Republic of Lithuania. These documents shall not be required from persons who have reached 65 years of age, persons whose capacity for work has been rated at 0-55 percent, persons who have reached pensionable age and been assessed in accordance with the procedure laid down by legal acts as having high or moderate special needs, as well as persons with serious chronic mental disorders.

3. A person shall enclose the following documents with his application for the granting of citizenship of the Republic of Lithuania through naturalisation by virtue of marriage to a citizen of the Republic of Lithuania:

1) a personal identification document;

2) a marriage certificate;

3) a document certifying the spouse’s citizenship of the Republic of Lithuania;

4) a document certifying that the person concerned is a deportee or political prisoner where the person applies for the granting of citizenship of the Republic of Lithuania pursuant to paragraph 2 of Article 19 of this Law;

5) the spouse’s death certificate where the person concerned applies for the granting of citizenship of the Republic of Lithuania pursuant to paragraph 3 of Article 19 of this Law;

6) a document confirming that, at the time of filing this application, the person concerned has the right of permanent residence in the Republic of Lithuania;

7) a document confirming that the person concerned has been legally permanently resident in the Republic of Lithuania for the period specified in Article 19 of this Law;

8) documents certifying that the person concerned has passed the examination in the state language (if he has to take this examination pursuant to paragraphs 1 and 3 of Article 19 of this Law) and the examination in the fundamentals of the Constitution of the Republic of Lithuania. These documents shall not be required from persons who have reached 65 years of age, persons whose capacity for work has been rated at 0-55 percent, persons who have reached pensionable age and been assessed in accordance with the procedure laid down by legal acts as having high or moderate special needs, as well as persons with serious chronic mental disorders.

4. Where an application for the granting of citizenship of the Republic of Lithuania through naturalisation is made by a person holding citizenship of another state, except for a person who, pursuant to subparagraph 9 of Article 7 of this Law, may be a citizen of both the Republic of Lithuania and another state at the same time, he shall submit a written statement to the effect that he will renounce his citizenship of another state after he is granted citizenship of the Republic of Lithuania.

 

Article 41.Applications for the Granting of Citizenship of the Republic of Lithuania by Way of Exception

1. Applications for the granting of citizenship of the Republic of Lithuania by way of exception shall be submitted to the President of the Republic through the Office of the President of the Republic.

2. A person shall enclose the following documents with his application for the granting of citizenship of the Republic of Lithuania by way of exception:

1) a personal identification document;

2) a document certifying citizenship of another state held by the person concerned;

3) recommendations of citizens of the Republic of Lithuania describing the person’s activities which significantly contribute to the consolidation of the statehood of the Republic of Lithuania, as well as to the strengthening of its power and authority in the international community;

4) other documents evidencing outstanding merits to the Republic of Lithuania and integration into the Lithuanian society.

 

Article 42.Applications for the Restoration of Citizenship of the Republic of Lithuania

1. Applications for the restoration of citizenship of the Republic of Lithuania shall be submitted to the President of the Republic through the institutions referred to in paragraph 2 of Article 37 of this Law.

2. A person who acquired citizenship of the Republic of Lithuania through naturalisation and subsequently lost it shall enclose the following documents with his application for the restoration of citizenship of the Republic of Lithuania:

1) a personal identification document;

2) a document confirming that, at the time of filing his application for the restoration of citizenship of the Republic of Lithuania, the person concerned has the right of permanent residence in the Republic of Lithuania;

3) a document confirming that the person concerned has been legally permanently resident in the Republic of Lithuania for the last five years;

4) documents confirming that the person concerned has legal means of subsistence;

5) a document evidencing the change of name or surname where such personal data have been changed after the loss of citizenship of the Republic of Lithuania;

6) a document proving that the person concerned is not a citizen of another state. Where an application for the restoration of citizenship of the Republic of Lithuania is made by a person holding citizenship of another state, he shall submit a written statement to the effect that he will renounce his citizenship of another state after he has citizenship of the Republic of Lithuania restored.

3. A person who acquired citizenship of the Republic of Lithuania by birth, who had citizenship of the Republic of Lithuania reinstated or was granted citizenship of the Republic of Lithuania under the simplified procedure and who subsequently lost it shall enclose the following documents with his application for the restoration of citizenship of the Republic of Lithuania:

1) a personal identification document;

2) a document evidencing the change of name or surname where such personal data have been changed after the loss of citizenship of the Republic of Lithuania;

3) a document proving that the person concerned is not a citizen of another state, except in cases where, pursuant to subparagraphs 1-4 of Article 7 of this Law, the person concerned may be a citizen of both the Republic of Lithuania and another state at the same time;

4) documents proving that there is at least one of the conditions specified in subparagraphs 1-4 of Article 7 of this Law, where the person concerned is a citizen of another state.

4. Where an application for the restoration of citizenship of the Republic of Lithuania is made by a person holding citizenship of another state, he shall submit a written statement to the effect that he will renounce his citizenship of another state after he has citizenship of the Republic of Lithuania restored.

 

Article 43.Applications for the Renunciation of Citizenship of the Republic of Lithuania

1. Applications for the renunciation of citizenship of the Republic of Lithuania shall be submitted to the Minister of the Interior through the institutions referred to in paragraph 2 of Article 37 of this Law.

2. A person shall enclose the following documents with his application for the renunciation of citizenship of the Republic of Lithuania:

1) documents certifying the person’s citizenship of the Republic of Lithuania. Where the person has not been issued any documents certifying citizenship of the Republic of Lithuania, a document issued by an institution authorised by the Government of the Republic of Lithuania, or a diplomatic mission or consular post of the Republic of Lithuania shall be enclosed, proving that the person is a citizen of the Republic of Lithuania and has not applied for a document certifying citizenship of the Republic of Lithuania;

2) a personal document issued by a foreign institution, if any;

3) a document issued by the competent authority of a foreign state proving that the person concerned is a citizen of that state or that he will acquire citizenship of that state after losing citizenship of the Republic of Lithuania.

 

CHAPTER VIII

FINAL PROVISIONS

 

Article 44.Entry into Force of the Law

1. This Law, except for Articles 12 and 46, shall enter into force on 1 April 2011.

2. Article 12 of this Law shall enter into force on 1 January 2013.

 

Article 45.Implementation of the Law

1. Persons who, pursuant to Article 7 of this Law, have the right to be citizens of both the Republic of Lithuania and another state at the same time and who lost citizenship of the Republic of Lithuania before the entry into force of this Law as a result of acquiring citizenship of another state may submit applications for the restoration of citizenship of the Republic of Lithuania on the grounds specified in Article 21 and in accordance with the procedure laid down in Article 42 of this Law. Such applications may be made within three years from the entry into force of this Law.

2. Applications for the granting of citizenship of the Republic of Lithuania through naturalisation or for the restoration of citizenship of the Republic of Lithuania submitted by persons on the grounds and in accordance with the procedure laid down by the Law Amending the Law of the Republic of Lithuania on Citizenship passed on 15 July 2008 shall be processed in accordance with that Law.

3. Applications for the granting of citizenship of the Republic of Lithuania by way of exception submitted by persons before the entry into force of this Law may be granted only where a person meets the requirements set in Article 20 of this Law.

4. Applications for the exercise of the right to citizenship of the Republic of Lithuania submitted by persons on the grounds and in accordance with the procedure laid down by the Law Amending the Law of the Republic of Lithuania on Citizenship passed on 15 July 2008 shall be processed in accordance with that Law.

5. Applications for the right to the retention of citizenship of the Republic of Lithuania or requests to issue documents attesting to the right to the retention of citizenship of the Republic of Lithuania submitted by persons on the grounds and in accordance with the procedure laid down by the Law Amending the Law of the Republic of Lithuania on Citizenship passed on 15 July 2008 shall be processed in accordance with that Law.

6. Before the entry into force of Article 12 of this Law, persons having the right to reinstate citizenship of the Republic of Lithuania and persons of Lithuanian descent shall, at their request, in accordance with the procedure established by the Government of the Republic of Lithuania, be issued documents attesting to the right to the retention of citizenship of the Republic of Lithuania.

7. Persons who, before the entry into force of this Law, were issued documents attesting to the right to the retention of citizenship of the Republic of Lithuania shall have the right to:

1) reinstate citizenship of the Republic of Lithuania after having submitted an application and documents referred to in paragraph 3 of Article 38 of this Law to the Minister of the Interior through the institutions referred to in paragraph 2 of Article 37 of this Law, provided these persons meet the conditions for the reinstatement of citizenship of the Republic of Lithuania as laid down in Article 9 of this Law. A document attesting to the right to the retention of citizenship of the Republic of Lithuania issued to a person shall be considered equivalent to a document attesting to the right to reinstate citizenship of the Republic of Lithuania referred to in subparagraph 2 of paragraph 3 of Article 38 of this Law;

2) acquire citizenship of the Republic of Lithuania under the simplified procedure after having submitted an application and documents referred to in paragraph 3 of Article 39 of this Law to the President of the Republic through the institutions referred to in paragraph 2 of Article 37 of this Law, provided these persons meet the conditions for granting citizenship of the Republic of Lithuania under the simplified procedure as laid down in Article 10 of this Law. A document attesting to the right to the retention of citizenship of the Republic of Lithuania issued to a person shall be considered equivalent to a document certifying Lithuanian descent referred to in subparagraph 2 of paragraph 3 of Article 39 of this Law.

8. Citizens of the Republic of Lithuania who were permitted by the Government of the Republic of Lithuania to hold office in the service of another state before the entry into force of this Law shall not be required to obtain new authorisation to hold office in the service of another state.

9. Citizens of the Republic of Lithuania who took up office in the civil service of another Member State of the European Union before the entry into force of this Law shall not, under this Law, be required to obtain authorisation to hold office in the service of that state.

10. Subparagraph 1 of Article 7 of this Law shall apply to children of citizens of the Republic of Lithuania, who acquired citizenship of the Republic of Lithuania and citizenship of another state by birth in the period from 11 March 1990 to 22 July 2008, if such children themselves or their legal representatives request in writing to consider them citizens of the Republic of Lithuania. Such an application may be submitted to an institution authorised by the Government of the Republic of Lithuania, diplomatic missions or consular posts of the Republic of Lithuania within three years from the entry into force of this Law or until the child reaches 18 years of age. The application shall be accompanied by the child’s birth certificate or equivalent document, and a document certifying that, at the time of the birth of the child, both or one of his parents were citizens of the Republic of Lithuania, as well as a document attesting that the child has acquired citizenship of another state at birth. Where a child meets these conditions, an institution authorised by the Government of the Republic of Lithuania shall state the fact of possession of citizenship of the Republic of Lithuania and, at the request of that child or his legal representative, issue a document certifying citizenship of the Republic of Lithuania.

11. Children born in the period from 22 July 2008 to the date of the entry into force of this Law, whose parents or one of the parents were citizens of the Republic of Lithuania at the time of the birth of the child, irrespective of whether he was born in or outside the territory of the Republic of Lithuania and whether or not he has acquired citizenship of another state at birth, shall be considered citizens of the Republic of Lithuania who have acquired citizenship of the Republic of Lithuania by birth.

 

Article 46.Proposals to the Government of the Republic of Lithuania

1. Before the entry into force of this Law, the Government of the Republic of Lithuania shall adopt legal acts necessary for the implementation of this Law.

2. The Government of the Republic of Lithuania shall:

1) set the forms of documents attesting to the right to reinstate citizenship of the Republic of Lithuania and documents certifying Lithuanian descent and the procedure for issuing such documents;

2) submit to the Seimas of the Republic of Lithuania draft laws required for the implementation of this Law.

 

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

 

 

 

PRESIDENT OF THE REPUBLIC                                          DALIA GRYBAUSKAITĖ

 

Translated by K.Šatkuvienė

kristina.satkuviene@lrs.lt