REPUBLIC OF LITHUANIA
LAW
ON EMIGRATION
1. General Regulations
Article 1. The Right to Emigrate
Citizens of the Republic of Lithuania shall have the rights
to emigrate in accordance with the procedure established by this
Law, i.e. to depart for permanent residence in another state. No
other restrictions except those prescribed herein may be imposed
on this right.
Article 2. The Agency Preparing Emigration Documents
Emigration documents shall be prepared by the Ministry of
Internal Affairs according to the procedure established by the
Government of the Republic of Lithuania.
Article 3. Legal Status of a Citizen of the Republic of
Lithuania who has been issued Emigration Documents
Until his departure from the Republic of Lithuania, a
citizen of the Republic of Lithuania who has been issued
emigration documents shall enjoy all political, economic, and
social rights and freedoms provided by the laws of the Republic
of Lithuania; also he or she must abide by the laws of the
Republic of Lithuania.
Article 4. The Right to Take Abroad Property belonging to a
Person by Ownership Right
A citizen of the Republic of Lithuania who has been issued
emigration documents shall have the rights to take to a foreign
state property belonging to him or her by ownership right (with
the exception of items of national value), the export whereof is
regulated by the laws of the Republic of Lithuania.
2. Preparation of Emigration Documents
Article 5. Application for Emigration
Citizens of the Republic of Lithuania who are 18 age and
over shall have the right to file applications for emigration.
The application for emigration shall be filed in written form
with the Ministry of Internal Affairs. Attached to the
applications shall be the following notarised documents or
documents certified in any other'equal manner:
1) a copy of birth certificate;
2) written consent of children from 14 to 18 years of age to
emigrate together with their parents (foster parents);
3) written consent of one of the parents (foster parents)
staying in the Republic of Lithuania or of a lawful
representative concerning emigration of children under 18 years
af age; and
4) written consent of the spouse staying in the Republic of
Lithuania testifying to his or her consent to the person's
emigration, or a court decision on the issue.
Article 6. Emigration of Minors
Children who are under 18 years of age shall emigrate
together with their parents (foster parents) or by themselves if
they are going for the reunion with their parents or with one of
their parents, provided they have the consent of one of the
parents who stays in the Republic of Lithuania, or of the lawful
representative,
If only one of the parents (foster parents) is emigrating,
and if the parents (foster parents) cannot reach an agreement on
the emigration of their children who are under age, the issue
shall be resolved by court.
Article 7. Reasons Precluding the Issuance of Emigration
Documents
A citizen of the Republic of Lithuania shall not be issued
emigration documents if:
1) legal proceeding have been instituted against the person;
2) the person has not served his or her court sentence;
3) the person has unfulfilled property obligations to
natural or legal persons and there are no guarantees of
fulfillment thereof, and if he or she does not present [a
document testifying to] the consent of the natural or legal
persons to his or her emigration;
4) the person is of call-up age and has not performed
compulsory national defence service of other equaled to it
service, and is not exempt from it in accordance with to the
order established by law; and
5) the person has been exposed to state secrets and the
required period established by law not yet expired from the day
since he or she is no longer employed in office related state
secrets.
Article 8. State Duty for the Preparation of Emigration
Documents
The application for emigration shall be accepted only upon
the payment of state duty for the preparation of emigration
documents. The amount and order of payment thereof shall be
determined by the Government of Lithuania.
Article 9. Time Limit for Considering Applications for
Emigration
The application for emigration must be considered not later
than within 3 months from the day of filing thereof.
If the issuance of emigration documents has been refused on
the grounds specified in Article 7 of this Law, the citizen of
the Republic of Lithuania shall be notified thereof and of the
concrete reasons for refusal not later than within 10 days from
the date of the adoption of such decision.
Article 10. The Validity of Emigration Documents
The emigration documents shall be valid for one year from
the date of their issue. If a person fails to depart abroad
within said period, the emigration documents shall lose validity
and shall have to be prepared anew according to the procedure
established by this Law.
Article 11. Information Presented by State Institutions
The Ministry of Internal Affairs must address State
institutions in relation to applications for emigration filed by
citizens of the Republic of Lithuania and request they present
information in the order established by the Government of the
Republic of Lithuania stating the presence or absence of reasons
precluding the issuance of emigration documents as specified in
Article 7 of this Law.
Article 12. Repeated Consideration of Applications for
Emigration
A citizen of the Republic of Lithuania who was not issued
emigration documents shall have the right to repeatedly file an
application only after the elimination of reasons for which he or
she had been refused issuance of emigration documents.
Article 13. Appeal against the Decision to Refuse Issuance
of Emigration Documents
A citizen of the Republic of Lithuania shall have the rights
to appeal to court against the decision of the Ministry of
Internal Affairs to refuse the issuance of emigration documents
within 30 days from the receipt of the notification thereof. If
the court declares the decision of the Ministry of Internal
Affairs unlawful, the Ministry of Internal Affairs must, upon
coming into force of the decision, issue the citizen of the
Republic of Lithuania emigration documents not later than within
7 days.
3. Concluding Provisions
Article 14. International Agreements
If an international agreement binding to the Republic of
Lithuania provides for regulations other than those set forth in
this Law, the regulations prescribed by the international
agreement shall be abided by.
Article 15. Agitation to Emigrate
Systematic agitation to emigrate shall be punishable under
laws of the Republic of Lithuania.
VYTAUTAS LANDSBERGIS
President
Supreme Council
Republic of Lithuania
Vilnius
3 November 1991
No. I-1946