Assessment of the Loss of Citizenship of the Republic of Lithuania Before 15 June 1940 Was Tightened

Reinstatement of citizenship of the Republic of Lithuania is regulated by the Republic of Lithuania Law on Citizenship, wherein paragraph 1 of Article 9 provides for that:

“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 residing in the Republic of Lithuania or in any other state.”

Persons referred to in paragraph 1 of Article 9 of the Republic of Lithuania Law on Citizenship 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 the Republic of Lithuania Law on Citizenship, may be citizens of both the Republic of Lithuania and another state at the same time.

Subparagraph 2, 3 and 4 of Article 7 of the Republic of Lithuania Law on Citizenship, regulating the cases when a citizen of the Republic of Lithuania may be a citizen of another state at the same time, establishes that 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:

• he is a person who was exiled from the occupied Republic of Lithuania before 11 March 1990 (Subparagraph 2 of Article 7 of the Republic of Lithuania Law on Citizenship)

• he is a person who fled the Republic of Lithuania before 11 March 1990 (Subparagraph 3 of Article 7 of the Republic of Lithuania Law on Citizenship)

• he is a descendant of a person referred to in subparagraph 2 or 3 of this Article (Subparagraph 4 of Article 7 of the Republic of Lithuania Law on Citizenship)

Attention should be drawn to the fact that, in accordance with the currently valid case law of the Republic of Lithuania, a matter of the loss of citizenship of the Republic of Lithuania prior to 15 June 1940 is relevant in a process of reinstating citizenship of the Republic of Lithuania, i.e. it is important that, at the moment of departure from the current territory of the Republic of Lithuania, a person would not only be a citizen of the Republic of Lithuania, but also would not have lost citizenship of the Republic of Lithuania before 15 June 1940 due to the voluntary actions thereof.

It should be noted that the loss of citizenship of the Republic of Lithuania used to be approved by data and/or documents in the Lithuanian Central State Archives regarding the loss of person’s citizenship of the Republic of Lithuania.

On 10 September 2020, the Methodology of Examining Applications for Reinstatement of Citizenship of the Republic of Lithuania prepared by the Migration Department laid down that if, on the basis of documents submitted by an applicant and/or received by the Migration Department, it is identified that a person, by whom citizenship of the Republic of Lithuania held before 15 June 1940 is being proved, voluntarily renounced or deliberately sought to renounce citizenship of the Republic of Lithuania (e.g. when acquiring citizenship of another state, he indicated that he renounced citizenship of the Republic of Lithuania), but there is no data that a person would have lost (ceased) citizenship of the Republic of Lithuania prior to 15 June 1940, then such a person is considered to have lost citizenship of the Republic of Lithuania before 15 June 1940, and a submission for non-reinstatement of citizenship of the Republic of Lithuania is being prepared.

The Supreme Court of Lithuania clarified in 04 November 2020 Resolution in the Civil Case No e3K-3-284-219/2020 that provisions for the legal regulation of citizenship of the interwar Republic of Lithuania provide grounds to make a conclusion that a person, who held citizenship of the Republic of Lithuania according to norms of laws effective at that time, could have been recognized as having lost citizenship of the Republic of Lithuania in the cases established by law. It should be concluded from the specified regulation that the determining reasons may have been related to a person’s departure to another state, his failure to perform certain obligations (to register, withdraw personal documents), and loss of connection with the Lithuanian life.

Pursuant to the afore-mentioned case law of the Republic of Lithuania, the Migration Department has tightened up assessment of the loss of citizenship of the Republic of Lithuania before 15 June 1940. It is currently being assessed whether a person, who fled the Republic of Lithuania before 15 June 1940, acquired citizenship of another state, the moment of acquisition of foreign citizenship is relevant, as well as the basis for acquiring foreign citizenship, documents with which the person, who fled the current territory of the Republic of Lithuania, lived abroad, whether he has applied to the Lithuanian mission for the issue (renewal) of documents confirming citizenship of the Republic of Lithuania. At present, it is recognized that a person, who acquired citizenship of foreign state before 15 June 1940, shall be deemed to have lost citizenship of the Republic of Lithuania before 15 June 1940.

MIGRATION LAW CENTER