2018 03 02 Criteria for illegal migration

On 02 March 2018, the Order of the Director of the Migration Department No. 3K-54 “Regarding the approval of the description of procedure of assessing criteria which are followed when identifying whether there are serious grounds to believe that a risk of illegal migration of the alien may arise” entered into force. The provisions of the Order are aimed at ensuring an effective control of aliens entering Lithuania by preventing the abuse of established migration procedures.

From this moment when considering aliens’ applications for the issue or replacement of temporary residence permits, applications for the issue of permanent residence permits, when making decisions to annul residence permits or when determining the basis of risk of illegal migration, the criteria provided for in the Law, which are specified in clauses 6-7, will be taken into account:

6. When examining an application of the alien to issue or replace a temporary residence permit, an application to issue a permanent residence permit, when making a decision to annul a temporary residence permit of the alien, and when determining whether there are serious grounds to think that a risk of illegal migration of the alien may arise, the following criteria should be taken into account:

6.1. it was found out that the alien willing to obtain a residence permit submitted to the Migration Department documents which have been unlawfully obtained or forged;

6.2. it was identified that the alien willing to obtain a residence permit submitted to the Migration Department the data which are implausible;

6.3. there are serious grounds to believe or it has been identified within the last 5 years that there are serious grounds to think that a marriage of convenience, a registered partnership of convenience or a fake adoption have been concluded, or that the company, whose participant or manager is the alien, or the host company established in the Republic of Lithuania, into which the alien is transferred inside the company, is fictitious;

6.4. it was determined that the company, wherein the alien engaged or intended to engage in legal activities, is related to persons, who are mediators in the process of obtaining visas or residence permits for the aliens, by establishing fictitious companies or concluding fictitious marriages;

6.5. it was found out that the alien’s center of interest is in another Member State of the European Union or the European Free Trade Association (for example, place of residence, place of learning or studies, workplace, place of business);

6.6. it was ascertained that the alien having a residence permit which was issued in the Republic of Lithuania resides or has resided in another Member State of the European Union for more than 6 months and has not notified the institution authorized by the Ministry of the Interior of the Republic of Lithuania or failed to comply with the requirement to declare the departure from the Republic of Lithuania set forth in Part 5, Article 4 of the Republic of Lithuania Law on Declaration of the Place of Residence;

6.7. the Member State of the European Union or the European Free Trade Association shall submit to the Migration Department an application regarding the return (readmission) to the Republic of Lithuania of the alien illegally staying in that country;

6.8. The State Border Guard Service at the Ministry of the Interior of the Republic of Lithuania (hereinafter referred to as the State Border Guard Service) has been submitted within the last 5 years a conclusion that there are serious grounds to believe that a risk of illegal migration of the alien may arise;

6.9. The State Border Guard Service submits a conclusion that there are serious grounds to believe that a risk of illegal migration of the alien may arise;

6.10. the alien refuses to be questioned personally or during the interview submits incomplete, superficial or ambiguous answers, avoids answering or does not answer the questions asked;

6.11. the alien contributes to illegal migration of other aliens (for instance, contributes to the organization of establishment of fictitious companies, a marriage of convenience, a registered partnership of convenience or a fake adoption, contributes to the preparation of documents which the aliens submit to the Migration Department in order to obtain a residence permit or visa and which contain implausible information, while being a natural person or manager of the legal entity, submits an application to approve invitation to the alien to whom the issue of visa has been denied or canceled or he has been forbidden to enter the Republic of Lithuania due to the fact that the aforementioned alien has not substantiated the purpose and conditions of the intended stay or there are serious grounds to believe that the visa was obtained in an unfair manner);

6.12. it was determined that the alien who submitted an application within a period of the last 5 years to issue a permanent residence permit in accordance with Clause 8, Part 1, Article 53 of the Law, provided he had a temporary residence permit issued, failed to comply with imperative requirements of the Law, provided for this particular basis for obtaining a temporary residence permit, and this formed a basis for the annulment of his temporary residence permit.

7. When identifying whether there are serious grounds to believe that a risk of illegal migration of the alien may arise, other criteria not described herein can be assessed, when it is determined in respect of certain individual circumstances that the alien seeks or has sought during the last 2 years before the day of submission of the alien’s application for the issue or replacement of a temporary residence permit, the date of submission of the application for the issue of a permanent residence permit, or during the last 5 years until the day of formalizing a temporary residence permit issued to the alien, or changed and valid, the abuse of established procedures related to the residence and work of aliens in the Republic of Lithuania, the objectives of the alien’s entry and residence in the Republic of Lithuania are different from those declared officially, reasonable doubts arise due to the purpose and conditions of the alien’s entry or residence in the Republic of Lithuania, due to an honest intension of the alien to engage in legal activity, work, study in the Republic of Lithuania, and other circumstances (on the basis of the issue of a permanent residence permit under Clause 8, Part 1, Arctile 53 of the Law, a period of the last 5 years shall be assessed).

When identifying whether there are serious grounds to believe that a risk of illegal migration of the alien may arise, the period of the last 2 years until the date of submission of investigated application of the alien to issue or replace a residence permit or until the date of formalizing an issued or changed and valid residence permit shall be assessed following the criteria laid down in subclauses 6.2 and 6.6.

In accordance with the criteria provided for in subclauses 6.4, 6.7 and 6.10 of the Description, the period of the last 5 years until the date of submission of investigated application of the alien to issue or replace a residence permit or until the date of formalizing an issued or changed and valid residence permit shall be assessed.

It shall be treated that there are serious grounds to believe that a risk of illegal migration of the alien may arise, if after the assessment of individual circumstances related to a particular alien at least two criteria indicated in subclauses 6.2–6.8 and in clause 7 of the Description have been identified or at least one criterion specified in subclauses 6.1, 6.9–6.12 of the Description has been determined.

MIGRATION LAW CENTER