Lithuanian citizenship after the Restoration of an Independent State of Lithuania on 11 March 1990

Upon re-establishment of an independent state of Lithuania on 11 March 1990, the Provisional Basic Law of the Republic of Lithuania was adopted, Part 1 of Article 13 whereof stipulated that “The attributes of Lithuanian citizenship, conditions and procedures for receiving and losing it shall be defined by the Law on Lithuanian Citizenship“.

It has been established in Article 3 of the Law “Regarding the Provisional Basic Law of the Republic of Lithuania“ adopted on 11 March 1991 that “Laws and other legal acts valid in Lithuania until this moment that do not contradict the Provisional Basic Law of the Republic of Lithuania shall remain in force.“ There were no legal norms in the Law on Citizenship of the Lithuanian SSR that would contradict the Provisional Basic Law, therefore this Law, which became the Law on Citizenship of the Republic of Lithuania after 11 March 1991, was valid until 10 December 1991. The concepts “Lithuanian SSR“, “Citizenship of the Lithuanian SSR“, “Citizen of the Lithuanian SSR“ of this Law have been interpreted as changed into the concepts “Republic of Lithuania“, “Citizenship of the Republic of Lithuania“, “Citizen of the Republic of Lithuania“, respectively.

The Law on Citizenship adopted in 03 November 1989 was changed only once, i.e. Article 18 of this Law was amended by a new paragraph 4 in 16 April 1991, whereby the citizenship of the Republic of Lithuania was lost upon acquisition of citizenship of another state. This amendment did not alter the essence of legal regulation established by law. Thus, during the period from 11 March 1990 to 10 December 1991 citizenship of the Republic of Lithuania was acquired, lost and issues of citizenship were resolved in accordance with the Lithuanian Soviet Socialist Republic Law on Citizenship enacted by the Lithuanian SSR institution – the LSSR Supreme Council.

The Lithuanian SSR Law on Citizenship was adopted by the LSSR Supreme Council on 03 November 1989. According to Article 1 of the Law on Citizenship, the following persons shall be citizens of the Lithuanian SSR:

“1) Persons who were citizens of the Republic of Lithuania, children and  grandchildren of such persons, as well as other persons who were permanent residents on the current territory of the Lithuanian SSR prior to 15 July 1940, and their children and grandchildren who now are or have been permanent residents on the territory of the Lithuanian SSR;

2) Persons who have a permanent place of residence in the Lithuanian SSR, provided they were born on the territory of the Lithuanian SSR, or have provided evidence  that at least one of their parents or grandparents was born on said territory, and provided that they are not citizens of another state;

3) Other persons who, up to and including the date of entry into force of this Law, have been permanent residents on the territory of the Republic and have here a permanent place of employment or another constant legal source of support; such persons shall freely choose their citizenship during two years following the entry into force of this Law;   

4) Other persons who have acquired citizenship of the Lithuanian SSR under this Law.“

Part 2, Article 2 of this Law provided for that “Persons referred to in paragraphs 1, 2, and 3 of Article 1 of this Law who wish to acquire the passport of a citizen of the Lithuanian SSR, shall sign a pledge to the Republic promising to observe the  Constitution and laws of the Lithuanian SSR, and to respect the sovereignty and territorial integrity of Lithuania“.

On 05 December 1991, a new Law on Citizenship of the Republic of Lithuania was adopted.

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