Dual citizenship for persons who have moved from Lithuania after 11 March 1990

The Constitutional Court of the Republic of Lithuania has begun to hear the case regarding the retention of dual citizenship for persons who departed from Lithuania to live in other states after 11 March 1990. The Constitutional Court of the Republic of Lithuania will decide whether a right of such persons to have dual citizenship can be established by law, and whether they will have to choose a citizenship of the state they want to reserve.

The Constitution of the Republic of Lithuania hereby states that nobody can be both a citizen of Lithuania and of other state at the same time, i.e. to have dual citizenship, except for individual cases provided for by law. The majority of such cases are intended for persons who moved from Lithuania until 11 March 1990. For those persons who left Lithuania later, already after the restoration of independence, and who acquired citizenship of other state, even international obligations do not form the basis for retention of the Lithuanian citizenship.

Individual and exceptional cases when a dual citizenship is permitted in Lithuania are stipulated in Article 7 of the Law on Citizenship of the Republic of Lithuania:

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;

 2) he is a person who was exiled from occupied Lithuania before 11 March 1990;

3) he is a person who departed from Lithuania before 11 March 1990;

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 Lithuania before reaching 18 years of age and, as a result of the adoption, acquired citizenship of the Republic of Lithuania;

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 is a person who preserved Lithuanian citizenship or the Lithuanian citizenship thereof was restored for his outstanding merits to the Republic of Lithuania;

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

The Seimas of the Republic of Lithuania hereby declares that this article limits the acquisition of dual citizenship for persons of younger generation, who moved from Lithuania after 11 March 1990.

Nowadays when after the restoration of independence of Lithuania and after the entry of Lithuania to the European Union, the emigration of Lithuanians to other countries has increased, consequences of emigration began to be the issues of concern, which also embraces a number of increased mixed marriages. For a long time, the Constitutional Court of the Republic of Lithuania has held the opinion that dual citizenship cannot be a widespread phenomenon, and has limited the right of the Seimas of the Republic of Lithuania to amend this provision by law. Previously, the Constitutional Court of the Republic of Lithuania had explained that such extension of limits of dual citizenship would contradict to the Constitution of Lithuania and this may be made only by way of referendum.

Many persons believe that even though the free movement of Lithuanian citizens in the countries of the European Union is encouraged, however, the provisions of the Constitution of Lithuania restrict this freedom of Lithuanian citizens without entitling to simultaneously acquire citizenship of another state.

The issue of legalization of dual citizenship has arisen and become most relevant after the withdrawal of the United Kingdom from the European Union. The Seimas of Lithuania became scared that those Lithuanians who live in the United Kingdom and have their families therein, would choose passports of the Great Britain and therefore Lithuania will lose a large part of its citizens.

Having in mind the fear of such consequences, the Seimas of Lithuania has recently appealed to the Constitutional Court of Lithuania with a petition to alter by law the provision of the Constitution of Lithuania and to legalize an acquisition of dual citizenship for persons who departed from Lithuania after the restoration of independence to live in a state of the European Union or NATO. It is maintained that this cannot be only rare exceptions and the emigrated young generation must be allowed to have dual citizenship.

Nevertheless, the Constitutional Court of Lithuania still persists that limits of dual citizenship can only be extended by way of referendum. The Constitutional Court of Lithuania asserts that it is impossible to change by law the provision of the Constitution of Lithuania regarding the legalization of dual citizenship for persons who departed from Lithuania after the restoration of independence to a state of the European Union or NATO. If the Constitutional Court of Lithuania will not change its position – both parliamentarians and emigrated Lithuanians, who are afraid of the lack of votes for the alteration of the Constitution of Lithuania, will have to be disappointed. The referendum must be approved by more than a half of the citizens who are entitled to vote and entered on the electoral registers.

The studies have revealed that 60 percent of Lithuanian residents agree that emigrants, who departed from Lithuania after 1990, would be allowed to have dual citizenship (according to a research ordered by the news agency BNS, a survey carried out by the company RAIT in April).

It is planned that the referendum regarding provisions of the Constitution of Lithuania will be held in 2019.

MIGRATION LAW CENTER