Withdrawal of a Temporary Residence Permit in Lithuania. Its Basics and Procedure.

A temporary residence permit in Lithuania shall be withdrawn in the following cases:

1. A permit has been obtained by fraudulent means;
2. It turns out that the alien’s residence in the Republic of Lithuania can constitute a threat to national security, public policy or public health; data which were submitted in order to obtain a temporary residence permit are implausible; a person is included into a list of aliens prohibited from entering the Republic of Lithuania; there are grounds to believe that the alien has concluded a fictitious marriage in order to acquire a residence permit; a person has not enough funds to make a livelihood in Lithuania; the alien has no place of residence in Lithuania or does not use a living premise on the basis of rent or lending, or fails to submit an approved obligation of the natural or legal entity to provide him with living premise during the validity period of the permit; a person has no valid document approving health insurance; there are serious grounds to believe that he has committed a crime against humanity or a war crime or committed genocide; within a set period he failed to notify the established institution on the modification of documents evidencing his identity or citizenship, change of the marital status and alteration of the place of residence.
3. there are serious grounds to believe that a fictitious marriage has been concluded;
4. a marriage has been dissolved;
5. the alien’s work permit in the Republic of Lithuania has been withdrawn;
6. an employment contract with the alien has been terminated;
7. it is established that the enterprise, agency or organisation whose owner or co-owner the alien is does not perform the declared activities and/or the alien’s stay in the Republic of Lithuania is not necessary for the pursuit of the aims and carrying out of the activities of the enterprise, agency or organisation;
8. the alien’s lawful activities in the Republic of Lithuania have been terminated or completed;
9. the alien terminates his studying, apprenticeship, participation in in-service or vocational training;
10. the alien has been exempted from the duties of the guardian/custodian in accordance with the procedure established by the laws of the Republic of Lithuania or guardianship/custody has expired;
11. the possibility emerged to expel the alien from the Republic of Lithuania where a temporary residence permit has been issued under subparagraph 8 of paragraph 1 of Article 40 of this Republic of Lithuania Law on the Legal Status of Aliens;
12. the subsidiary or temporary protection granted to the alien has been withdrawn in the established order;
13. the alien departs to reside or has been residing in a foreign country for a period longer than six months;

An authorized civil servant of the Migration Office shall send the alien’s file to the Migration Department for a decision making no later than within 2 working days from the day of emergence of grounds for which a temporary residence permit was withdrawn.

Having received the alien’s file, the authorized civil servant of the Migration Department shall examine and evaluate the information submitted and shall prepare a conclusion, on the basis whereof the director of the Migration Department or a civil servant authorized by him makes a decision to withdraw a temporary residence permit issued to the alien in accordance with established facts and norms of legislation.

In such case a decision is also made to withdraw a temporary residence permit, which has been issued to a family member of the alien, provided he obtained such permit as a family member of the alien.

The decision to withdraw a temporary residence permit shall be taken within 10 working days from the day of receipt of the alien’s file.

The decision shall, together with the alien’s file, be sent to the Migration Office which has been assigned to execute the decision no later than within 2 working days from the day this decision was made.

Having received the decision and the alien’s file, the authorized civil servant of the Migration Office must:

1. immediately write an invitation to the alien to arrive to the Migration Office and indicate that he has to submit a travel document and a temporary residence permit therein;
2. acquaint the alien with a decision taken with confirmation by signature upon his arrival at the office;
3. mark with a special unit a temporary residence permit provided by the alien as invalid or put a stamp “ANNULLED” in the alien’s travel document, in the area of machine scanning of a temporary residence permit, if the decision is not appealed within 7 days from the day of decision making;
4. resolve an issue of his legal status in Lithuania in accordance with the procedure established by legislation;
5. enter data into a system on the invalidity of a temporary residence permit and make changes in the Register of Population about the withdrawal of data of the alien’s declared place of residence.

MIGRATION LAW CENTER