2020 09 10 The Migration Department has prepared the methodology for processing applications for the reinstatement of citizenship of the Republic of Lithuania

The Migration Department has prepared the methodology for processing applications for the reinstatement of citizenship of the Republic of Lithuania, which sets out the principles and order of processing applications for the reinstatement of citizenship of the Republic of Lithuania.

The aforementioned methodology states the following:

Direct evidence approving that a person or his/her parents, grandparents, great-grandparents or one of them had Lithuanian citizenship before 15 June 1940 inclusive, are documents provided for in paragraph 4 of Article 38 of the Republic of Lithuania Law on Citizenship: 

1) internal or foreign passports of the Republic of Lithuania issued before 15 June 1940;

2) foreign passports of the Republic of Lithuania issued by diplomatic missions and consular posts of the Republic of Lithuania after 15 June 1940;

3) documents attesting to the person’s service in the Lithuanian armed forces or employment in the civil service;

4) birth certificates or other documents containing direct reference to citizenship of the Republic of Lithuania held by the person concerned;

5) personal certificates issued before 15 June 1940 in Lithuania or personal certificates issued on the basis of documents issued before 15 June 1940.

If a civil servant authorized by the Migration Department establishes that direct evidence was annexed to the application, it shall be considered that there were submitted sufficient documents substantiating that a person had Lithuanian citizenship before 15 June 1940, except for the cases when a person lost Lithuanian citizenship (ceased to be a citizen) or died before 15 June 1940.

If a person lost Lithuanian citizenship (ceased to be a citizen) before 15 June 1940 or died before 15 June 1940, such a person, although direct evidence was provided, shall not be considered a person who had citizenship of the Republic of Lithuania before 15 June 1940.

Indirect evidence shall be documents specified in paragraph 5 of Article 38 of the Republic of Lithuania Law on Citizenship suggesting that a person may have had citizenship of the Republic of Lithuania before 15 June 1940:

documents concerning studies, work and life in Lithuania before 15 June 1940, as well as a passport of a foreign state and other documents.

If a civil servant authorized by the Migration Department establishes that there is no direct evidence, but indirect evidence is present, the evaluation of documents, on the basis of the set of documents, shall be initiated.

If a person lost Lithuanian citizenship (ceased to be a citizen) before 15 June 1940 or died before 15 June 1940, such a person shall not be considered a person who had citizenship of the Republic of Lithuania before 15 June 1940.

If no direct evidence was submitted, citizenship of the Republic of Lithuania held by a person shall be determined on the basis of the date and place of birth of that person, citizenship held by the person’s parents and the following documents:

1. If a person was born before 09 January 1919, the following documents must be submitted:

• a document certifying birth in the current territory of Lithuania, and:
• or documents attesting a fact of life of person/ person’s parents, if a person was under-age (who have lived in Lithuania for a long time) in Lithuania before 09 January 1919 and documents approving a fact of life thereof before 15 June 1940 (e.g., documents on the birth of children when children were born since 09 January 1919 until 15 June 1940, documents on the person’s marriage, work, owned real property). It should be noted that the majority of marriage records indicated that the married persons were Lithuanian citizens;
• or documents on Lithuanian citizenship held by the person’s parents before 15 June 1940;

2. If a person was born since 09 January 1919 until 15 June 1940 in Lithuania then, except Vilnius Region and Klaipėda Region, a document approving the birth in the current territory of Lithuania of a person who had citizenship of the Republic of Lithuania before 15 June 1940. In this case, a document certifying a fact of birth is usually sufficient, nevertheless, it should be noted that in case of suspicion whether the person actually had Lithuanian citizenship or whether that person is really a relative of the applicant, a civil servant authorized by the Migration Department may request to provide, and the applicant himself/herself may provide more data, i.e., documents certifying marriage, fact of life, held property, studies or work, or other documents which would eliminate possible interpretations. Furthermore, it is worth mentioning that parents of persons who were born during this period must also have been citizens of the Republic of Lithuania, therefore, documents confirming that they were citizens of the Republic of Lithuania before 15 June 1940 must be provided.

In case when a person, whereby his/her Lithuanian citizenship held before 15 June 1940 is provable, was born before 09 January 1919 in the territory of current Lithuania, but lived during the period since 09 January 1919 until 15 June 1940 or was born and lived during the period since 09 January 1919 until 15 June 1940 in Vilnius Region, which was actually controlled by Poland since 1920, the following documents must be submitted:

• documents certifying that this person and parents thereof (if the person was under-age) were treated Lithuanian citizens on the day of exchange of documents of ratification of 12 July 1920 Lithuanian-Soviet Russian Peace Treaty, and
• documents certifying that this person and parents thereof (if the person was under-age) had a place of residence in that territory of Vilnius Region, which was established in 10 October 1939 Soviet-Lithuanian Mutual Assistance Treaty and in 27 October 1939 additional Protocol. In this case, it is important for the applicant to provide documents approving that the person had a place of residence in the territory of Vilnius Region both on 12 July 1920 and on 27 October 1939. The submitted documents may include documents of marriage, birth of children, studies, work, held real property, household book census data, various applications, certificates for public authorities, data (lists) on the elections to the Seimas in 1935–1938. As an additional document which shall be evaluated together with the set of documents is population census data in 1942 (such document alone is not sufficient).

In case when a person was born before 09 January 1919 in the territory of current Lithuania, but lived during the period since 09 January 1919 until 15 June 1940 or was born and lived during the period since 09 January 1919 until 15 June 1940 in Klaipėda Region, documents must be submitted approving that he/she acquired citizenship of the Republic of Lithuania after the Lithuania’s sovereignty over the Klaipėda Region was recognized on 16 February 1923. Klaipėda Region became a part of the territory of Lithuania on 25 August 1925 after the entry into force of the Klaipėda Region Convention signed on 08 May 1924. The said Convention established who and during which time could acquire citizenship of the Republic of Lithuania.

If on the basis of the documents submitted by the applicant and/or received by the Migration Department it is established that a person, whereby his/her Lithuanian citizenship held before 15 June 1940 is provable, voluntarily renounced or deliberately sought to renounce citizenship of the Republic of Lithuania (e.g., when acquiring citizenship of another state, indicated that he/she renounced citizenship of the Republic of Lithuania), but there is no data that the person would have lost Lithuanian citizenship (ceased to be a citizen) before 15 June 1940, it shall be considered that such person has lost citizenship of the Republic of Lithuania before 15 June 1940, and a submission of non-reinstatement of citizenship of the Republic of Lithuania shall be prepared.

MIGRATION LAW CENTER