Skaičiuojama nuo: 2007-06-01
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Compulsory departure from the Republic of Lithuania

In which cases aliens are obliged to depart from the Republic of Lithuania?

In accordance with the Republic of Lithuania Law on the Legal Status of Aliens, Article 124, aliens are obliged to depart from the Republic of Lithuania before:

1. the expiry of a visa or temporary residence permit to reside in the Republic of Lithuania;

2. the end of his visa-free stay established for aliens in paragraphs 2, 4 and 5 of Article 11 of this Law, except in cases when he is issued a document confirming his right to stay or reside in the Republic of Lithuania.

What is the return to a foreign country?

The return to a foreign country is a procedure, when an alien departs from the Republic of Lithuania voluntarily or is expelled to the country, which is not a Member State of the European Union or the European Free Trade Association.

What is the obligation to depart from the Republic of Lithuania?

The obligation to depart from the Republic of Lithuania is the decision taken by the established order of legal acts, according to which aliens are obliged to independently depart in specified period of time to that Member State of the European Union or the European Free Trade Association, in which they have the right to stay or reside.

In which cases is the decision taken to return an alien to a foreign country or an alien is obliged to depart from the Republic of Lithuania?

In accordance with the Republic of Lithuania Law on the Legal Status of Aliens, Article 125, the decision to return an alien to a foreign country is taken, when:

1. the alien’s visa has been annulled;

2. the alien has been withdrawn a temporary residence permit to reside in the Republic of Lithuania or permanent residence permit of the Republic of Lithuania to reside in the European Community (permanent residence permit);

3. the alien stays in the Republic of Lithuania after the expiry of his visa;

4. the alien resides in the Republic of Lithuania after the expiry of the temporary residence permit;

5. the alien entered the Republic of Lithuania lawfully, but resides in the Republic of Lithuania without possessing a temporary residence permit to reside in the Republic of Lithuania or permanent residence permit of the Republic of Lithuania to reside in the European Community, if he is obliged to possess one;

6. the alien has been staying in the Republic of Lithuania for a period exceeding the period of visa-free stay for aliens in paragraphs 2, 4, 5 and 7 of Article 11 of this Law;

7. a foreign national has unlawfully arrived in the Republic of Lithuania and unlawfully stays in it, is a vulnerable person or an asylum seeker, and agrees to return voluntarily to a foreign state with the assistance of an international organisation or an NGO.

In the case if there is at least one of the grounds of returning to a foreign country, but the alien is in possession of a valid document issued by another Member State of the European Union or the European Free Trade Association which entitles him to stay or reside therein, the alien shall be obliged to depart from the Republic of Lithuania.

What is the expulsion from the Republic of Lithuania?

The expulsion from the Republic of Lithuania – the compulsory transportation or removal of an alien from the territory of the Republic of Lithuania in accordance with the procedure established by legal acts.

In which cases an alien is expelled from the Republic of Lithuania?

In accordance with the Republic of Lithuania Law on the Legal Status of Aliens, Article 126, an alien shall be expelled from the Republic of Lithuania if:

1. the alien has failed to comply with the obligation to depart from the Republic of Lithuania within a set period of time or has not voluntarily departed from the Republic of Lithuania within the time limit set in the decision to return him to a foreign country;

2. the alien has entered or stays in the Republic of Lithuania unlawfully and there are no grounds specified in Article 125 of this Law obligating the alien to depart from the Republic of Lithuania or a decision has been taken to return the alien to the foreign country.

3. the alien’s stay in the Republic of Lithuania constitutes a threat to national security or public policy;

4. a decision has been made to expel the alien from another state to which the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of the third country nationals applies.

Which institution makes decisions regarding the imposition of an obligation on an alien to leave or his expulsion from the Republic of Lithuania and return to a foreign state?

A decision regarding the return of a alien to a foreign state shall be taken by the Migration Department under the Ministry of the Interior of the Republic of Lithuania, the police or the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania, while the enforcement of decisions shall be controlled by the police and the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania.

A decision regarding the imposition of an obligation on an alien to leave the Republic of Lithuania shall be taken and the enforcement thereof shall be controlled by, according to their competence, the police and the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania.

A decision regarding the expulsion of an alien shall be taken by the Migration Department under the Ministry of the Interior of the Republic of Lithuania and enforced by the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania or the police. While enforcing the decision taken on the basis of the grounds established in Article 126(1)(4) of the Law on the Legal Status of Aliens of the Republic of Lithuania the institutions specified in this paragraph consult the state which took the decision to expel the alien regarding the enforcement of the decision.

What is the time limit for implementing the decision regarding an alien’s obligation to depart, expulsion from the Republic of Lithuania and the return to a foreign country?

Upon evaluating the possibilities of the alien’s prompt departure, a time limit between 7 and 30 days shall be set in the decision to return the alien to a foreign country, calculating from the delivery of the decision to the alien. During that period the alien shall be obliged to voluntarily depart from the Republic of Lithuania. When the alien is unable to voluntarily depart from the Republic of Lithuania within the set time limit for objective reasons beyond his control, the time limit may be extended.

A time limit not exceeding 30 days shall be set in the decision regarding the alien’s obligation to depart from the Republic of Lithuania. During that period the alien shall be obliged to depart from the Republic of Lithuania.

The decision to expel an alien from the Republic of Lithuania must be implemented immediately, unless there are circumstances due to which the implementation of the decision may be postponed.

Which legal act of the Republic of Lithuania regulates the procedure of taking and implementing the decisions on an alien’s obligation to depart or be expelled from the Republic of Lithuania and the return to a foreign country?

The procedure regulating the making of the decisions on an alien’s obligation to depart, expulsion, return or transit through the territory of the Republic of Lithuania and the implementation of the above-mentioned decisions is established by the Minister of the Interior by the order No. 1V-429 of 24 December 2004.

What state is it prohibited to expel or return an alien to?

It shall be prohibited to expel or return an alien to a state where his life or freedom is in danger or where he may be subjected to persecution on grounds of race, religion, nationality, membership of a certain social group or political convictions, or to a state from where he may later be expelled to such a state. However, these provisions shall not apply to an alien who, for serious reasons, represents a threat to the security of the Republic of Lithuania or who has been convicted by an effective court judgment of a grave or very grave crime and constitutes a threat to the community.

An alien shall not be expelled from the Republic of Lithuania or returned to a state where there are serious grounds for believing that in that state the alien will be tortured, subjected to cruel, inhuman or degrading treatment or punishment.

An alien shall not be expelled from the Republic of Lithuania or returned to a foreign state if he has been granted the cooling-off period in accordance with the procedure established by the Government of the Republic of Lithuania, during which he, as a present or former victim of crimes related to trafficking in human beings, must take a decision on cooperation with a pre-trial investigation body or the court.

An alien who is not expelled from the Republic of Lithuania or is not returned to a foreign state in the cases referred to in paragraphs 1, 2 and 4 of this Article shall be issued a temporary residence permit valid for a period not exceeding one year, during the period of validity of which the alien has the right to work, on the basis of the grounds established in Article 40(1)(8) of the Law on the Legal Status of Aliens of the Republic of Lithuania.

Whose resources shall be used for the alien’s expulsion from the Republic of Lithuania or return to the country of origin or foreign country?

In accordance with the Republic of Lithuania Law on the Legal Status of Aliens, Article 131, an alien shall be expelled from the Republic of Lithuania or returned to the country of origin or foreign country if he has the right to depart:

1. at his own expense;

2. at the expense of the natural or legal persons who invited the alien to the Republic of Lithuania;

3. at the expense of the carriers in cases established by the laws of the Republic of Lithuania.

In the absence of the above-mentioned resources an alien shall be expelled from the Republic of Lithuania or returned at the expense of the State. The state resources shall be recovered in the manner prescribed by legal acts from the natural or legal persons who invited the alien to the Republic of Lithuania or from the carriers who brought the alien to the Republic of Lithuania or another country which took a decision to expel the alien, to which the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals applies according to 2004/191/EC Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC, shall be addressed with a request to repay the funds.

In which cases shall an alien‘s departure from the Republic of Lithuania be considered unlawful?

In accordance with the Republic of Lithuania Law on the Legal Status of Aliens, Article 135, an alien‘s departure from the Republic of Lithuania shall be considered unlawful if the alien:

1. departs from the Republic of Lithuania otherwise than through the border crossing points;

2. when departing from the Republic of Lithuania, produces another person‘s documents or forged documents;

3. departs from the Republic of Lithuania despite the restrictions of freedom of movement in the Republic of Lithuania are imposed on him;

4. attempts to depart from the Republic of Lithuania possessing no valid travel document.

Is it possible to appeal against decisions on the imposition of an obligation on an alien to leave or his expulsion from the Republic of Lithuania and return to a foreign state?

Decisions on the imposition of an obligation on an alien to leave or his expulsion from the Republic of Lithuania and return to a foreign state may be appealed against in accordance with the procedure established by the Law on the Legal Status of Aliens of the Republic of Lithuania and the Law on Administrative Proceedings of the Republic of Lithuania.

An appeal against a decision on the imposition of an obligation on an alien to leave or his expulsion from the Republic of Lithuania and return to a foreign state may be filed with the relevant administrative court in accordance with the procedure and under the conditions established by the Law on Administrative Proceedings of the Republic of Lithuania except in cases provided for by the Law on the Legal Status of Aliens of the Republic of Lithuania.

An alien may file an appeal against a decision on the imposition of an obligation on him to leave or his expulsion from the Republic of Lithuania and return to a foreign state to a relevant regional administrative court within 14 days from the service of the decision.

Shall the enforcement of a decision appealed against be suspended?

The enforcement of a decision appealed against in accordance with Article 139 of the Law on the Legal Status of Aliens of the Republic of Lithuania shall be suspended where:

1. an alien’s residence permit is withdrawn;

2. an asylum application of an alien who arrived in the Republic of Lithuania from a safe third country is not examined and he is returned or expelled from the Republic of Lithuania to a safe third country;

3. an alien is refused asylum except for the case where a decision is taken following the examination of an asylum application on the merits under an emergency procedure, the examination of his application for asylum is terminated or the granted asylum is withdrawn and he is expelled from the Republic of Lithuania or returned to a foreign state;

4. an alien is refused asylum, the examination of his application for asylum is terminated or the granted asylum is withdrawn and he is expelled from the Republic of Lithuania or returned to a foreign state;

5. an alien is expelled from the Republic of Lithuania. This provision shall not apply in cases where the grounds for expulsion are related to a threat to national security or public order posed by an alien’s stay in the Republic of Lithuania.

In other cases the enforcement of a decision taken on the imposition of an obligation on an alien to leave or his expulsion from the Republic of Lithuania and return to a foreign state may be suspended following the passing of a ruling by the relevant administrative court regarding securities.

 

Paskutinis atnaujinimas: 2016-03-16 11:10:53