Obligations of foreigners

In order to enter the territory of the Republic of Lithuania and stay there in, a foreigner must have a valid travel document unless otherwise established by the international treaties of the Republic of Lithuania, legal acts of the European Union and the Government of the Republic of Lithuania.

Foreigners must, at the request of law enforcement officials or civil servants of the Migration Department under the Ministry of the Interior of the Republic of Lithuania, provide identity documents (travel document, residence permit or other), as well as other documents indicating the purpose and terms of stay in the host country and proving that they stay in the Republic of Lithuania lawfully.

Obligations of foreigners (summary)

* To declare the place of residence at the accommodation with the living area not less than 7 square meters per each adult person who has declared his place of residence thereat, except for a foreigner who:

• is a national of a Member State of the European Union or a member of his/her family;
• is the holder of a temporary residence permit issued on the grounds of the Article 40(1)(1) or (2) of the Law on the Legal Status of Foreigners of the Republic of Lithuania and the family members of this foreigner;
• is the holder of a temporary residence permit issued on the grounds of the Article 40(1)(7) (when the foreigner has been placed under guardianship/curatorship), (8), (10), (11) or (12) of the Law on the Legal Status of Foreigners of the Republic of Lithuania;
• is the holder of a permanent residence permit issued on the grounds of the Article 53(1)(1) or (2) of the Law on the Legal Status of Foreigners of the Republic of Lithuania;
• has applied for a temporary residence permit or the renewal thereof for the purpose of studies in the Republic of Lithuania. In such a case, the living area of adequate accommodation per person who intends to declare his place of residence at the said residential premises (including the persons who have already declared the place of residence at that premises) must be at least 4 square meters;
• is the holder of a temporary residence permit issued or renewed on the grounds of the Article 40(1)(4) of the Law on the Legal Status of Foreigners of the Republic of Lithuania, whom the employer has employed under an employment contract for the work involving regular travelling on international routes or in case where the employer sends a foreigner to perform work in any other Member State of the European Union or the European Free Trade Association on the basis of a contract for provision of services or performance of works in that Member State during the period of employment of the said foreigner in that Member State.

A foreigner who has been issued a temporary residence permit on the grounds established in clause 5¹ of part 1 of article 40 of the Law on the Legal Status of Aliens of the Republic of Lithuania must establish an enterprise, the activities of which are related to the implementation of new technologies or other innovations significant for the economic and social development of the Republic of Lithuania, and must start carrying out the activities specified in its founding documents no later than within 120 days from the date of issue of the temporary residence permit. In case not all of the participants of the future enterprise have established such enterprise, a foreigner who has been issued a temporary residence permit on the grounds established in clause 5¹ of article 40 of the abovementioned law, and who arrives to the Republic of Lithuania intending to become a participant in an already established enterprise must become a participant in such an enterprise no later than within 60 days from the date of issue of the temporary residence permit.

An foreigner who has ceased legal activities in the Republic of Lithuania or a lawful activity related to the introduction of new technologies or other innovations that are significant to the economic and social development of the Republic of Lithuania must leave the Republic of Lithuania or apply for a new temporary residence permit.

When a period of study, learning, traineeship or professional development is completed or an foreigner discontinuous learning, studies, traineeships or qualification upgrades, he/she must leave the Republic of Lithuania unless he/she is granted a temporary residence permit on other grounds;

An foreigner who has been admitted to study at a science and study institution under a study programme (programmes) or a doctoral programme, has the right to apply for admission to study under an equivalent degree programme of another science and study institution or to doctoral studies. In such a case, the decision to revoke the temporary residence permit will not be taken until the issue of his/her admission to study has been resolved. An foreigner must notify the Migration Department of an application filed to another science and study institution. If the foreigner fails to provide evidence that he/she has been admitted to an equivalent study programme of another institution of science and studies, or to doctoral studies within 2 months of the date of submission of the said notice, the temporary residence permit must be revoked.

An foreigner who intends to work in the Republic of Lithuania must obtain a work permit if:

• he is allowed to stay in the Republic of Lithuania because he is or has been a victim of human trafficking or illegal work and liaisons with a pre-trial investigation institution or a court to combat trafficking in human beings or crimes related to trafficking in human beings or illegal work, when working under particularly exploitative conditions; when a minor worked and intends to exercise the right to work;
• arrives in the Republic of Lithuania to work as a seasonal worker;
• is an employee of an enterprise established in a foreign country that is not a EU or EFTA Member State, working under an open-ended employment contract, is posted by this enterprise to the Republic of Lithuania for temporary work and is insured with social insurance in that Member State;
• in other cases where the foreigner is not exempt from the obligation to obtain a work permit (you can find more information at: http://uzt.lt/darbdaviui/uzsienieciu-idarbinimas/).

• Failure to provide the declaration of the place of residence or submission of false declaration data pursuant to Article 530 of the Code of Administrative Offenses of the Republic of Lithuania is punished by a warning or a fine to the residents of the Republic of Lithuania from ten to fourteen euro.

Such an offense committed repeatedly shall be punished by a fine of between fourteen and thirty euro.

• Violation of procedure for the entry into the Republic of Lithuania, stay or residence in the Republic of Lithuania, transit through the Republic of Lithuania or departure from the Republic of Lithuania pursuant to Article 538 of the Code of Administrative Offences of the Republic of Lithuania is managed by a fine from seventy to three hundred euro.
• Illegal crossing of state border due to negligence under Article 537 of the Code of Administrative Offenses of the Republic of Lithuania shall be punished by a fine from seventy to one hundred forty euro.
• Provision of accommodation to foreigners without passport or other equivalent travel document, as well as, if necessary, a document confirming the right of an foreigner to stay or reside in the Republic of Lithuania, in accordance with Article 539 of the Code of Administrative Offenses of the Republic of Lithuania, shall be punished by a fine from seventy to six hundred euro.

Such an offense committed repeatedly shall be punished by a fine from six hundred to eight hundred and fifty euro.

• Establishment of conditions for engaging in activities other than those performed under an employment contract for foreigners having no permit to engage in such activities and a document confirming the right of an foreigner to stay or reside in the Republic of Lithuania pursuant to Article 540 of the Code of Administrative Offenses of the Republic of Lithuania shall be punished by a fine of six hundred to eight hundred and fifty euro.
• Submission of false data for confirmation of invitations to foreigners to arrive to the Republic of Lithuania, or assistance to the foreigner in obtaining a document confirming the right to stay or reside in the Republic of Lithuania pursuant to Article 541 of the Code of Administrative Offenses of the Republic of Lithuania shall be punished by a fine from three hundred to eight hundred and fifty euro.

Such an offense committed repeatedly shall be punished by a fine from eight hundred and fifty to one thousand five hundred euro.

• Failure to submit information on time on the termination of the learning, study, internship or qualification development by an foreigner holding a temporary residence permit in the Republic of Lithuania in accordance with Article 542 (1) of the Code of Administrative Offenses of the Republic of Lithuania shall be punished by a fine to the head of the educational institution, signs or study institution or his authorised representative from one hundred forty to six hundred euro.

Failure to submit information on termination of employment contract with an foreigner holding a temporary residence permit in the Republic of Lithuania and in the specified cases – about the reduction of his/her wages in accordance with Article 542 (2) of the Code of Administrative Offenses of the Republic of Lithuania shall be punished by a fine to the employer or his authorised person from one hundred forty to six hundred of euro.

• A person who illegally crosses the state border of the Republic of Lithuania under Article 291 (1) of the Criminal Code of the Republic of Lithuania shall be punished by a fine or by arrest or by imprisonment for a term of up to two years.

An foreigner who commits the act provided for in Article 291 (1) of the Criminal Code of the Republic of Lithuania with the intent of illegally crossing into a third state from the Republic of Lithuania shall be released from criminal liability according to paragraph 1 of this Article where he is, in accordance with the established procedure, subject to deportation back to the state from the territory whereof he illegally crosses the state border of the Republic of Lithuania or to the state whose citizen he is.

• A person who unlawfully transports across the state border of the Republic of Lithuania an foreigner not having a permanent place of residence in the Republic of Lithuania or transports or conceals in the territory of the Republic of Lithuania such an foreigner who has illegally crossed the state border of the Republic of Lithuania, according to Article 292 (1) of Criminal Code of the Republic of Lithuania, shall be punished by a fine or by arrest or by imprisonment for a term of up to six years.

A person who commits the acts provided for in Article 292 (1) of Criminal Code of the Republic of Lithuania for mercenary reasons or where this poses a threat to human life shall be punished by imprisonment for a term of up to eight years.

A person who organises the acts provided for in Article 292 (1) of the Criminal Code of the Republic of Lithuania shall be punished by imprisonment for a term of four to ten years.

• Employer or his authorised person who has employed third-country nationals illegally staying in the Republic of Lithuania or has employed five or more third-country nationals illegally staying in the Republic of Lithuania, or has employed third-country nationals illegally staying in the Republic of Lithuania under the particular exploit a differential labour conditions, or employed a minor citizen of third countries illegally staying in the Republic of Lithuania, in accordance with Article 292 1 of the Criminal Code of the Republic of Lithuania, shall be punished by a fine or arrest, or imprisonment for up to two years.

• An alien who has been refused a visa or it has been annulled or a Schengen visa has been revoked or a residence permit has been refused or revoked, an alien who has been refused entry to the Republic of Lithuania, obliged to depart from the Republic of Lithuania, returned to a foreign state, transferred to a foreign state in accordance with an international agreement concluded by the Republic of Lithuania regarding the return of illegally staying persons (readmission) or tried to leave the Republic of Lithuania illegally or left it (not through a border inspection post, submitted forged or other person’s documents upon leaving), or an alien who does not have the right to reside in the Republic of Lithuania and fails to perform obligations to the Customs or has not paid the fine (fines) imposed in accordance with the procedure established by the laws of the Republic of Lithuania may be banned from entering the Republic of Lithuania for a period not exceeding 5 years.
• An alien who has been refused a visa or it has been annulled or who has been refused a residence permit or it has been annulled, in case it has been established that the marriage or registered partnership concluded by an alien or adoption is fictitious or that the company, the participant or the Head of which is an alien, the host company, established in the Republic of Lithuania, to which the alien has been transferred within the company, or the host entity is fictitious is banned from entering the Republic of Lithuania for a period not exceeding five years.
• An alien who has been expelled from the Republic of Lithuania is banned from entering the Republic of Lithuania for a period not exceeding 5 years.
• An alien is banned from entering the Republic of Lithuania for a period not exceeding 5 years provided that there are serious grounds for considering that an alien has committed a serious or very serious crime against a person in a foreign state and as a result universally recognised human rights and freedoms have been violated, has committed a criminal offense of a corrupt nature or money laundering, as defined in the laws of the Republic of Lithuania or international treaties, or has incited or otherwise participated in the commission of such criminal offenses and/or for these reasons the alien is included in the national list of aliens who are refused entry of another Member State of the European Union, the European Free Trade Association or a member state of the North Atlantic Treaty Organisation.
• An alien is banned from entering the Republic of Lithuania provided that he/she may pose a threat to the state security or public order. The period of prohibition to enter the Republic of Lithuania may be longer than five years.

The data of aliens who are banned from entering the Republic of Lithuania are recorded in the National list of aliens who are prohibited from entering the Republic of Lithuania, and the data from it may be transferred to the central second generation Schengen Information System in accordance with the procedure established by the legislation of the Republic of Lithuania.

An alien who has failed to discharge his/her obligations to the Customs or did not pay in due time the fines (penalties) imposed in accordance with the procedure established by laws of the Republic of Lithuania may be banned from entering the Republic of Lithuania for five years. In order to avoid such issues the alien is required to discharge his/her obligations to the customs institutions and pay the imposed fines in due time and in the manner set forth by laws of the Republic of Lithuania.

However, even where an alien has already been banned from entering to the Republic of Lithuania for these reasons, the alien nevertheless must discharge his/her obligations to the customs and/or to pay the fine (s) as the grounds for lifting the ban from entering the country according to the decision of the Migration Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter – Migration Department).

Therefore in order to enter the Republic of Lithuania an alien who had been banned from arriving to the country because he had failed to discharge his/her obligations in due time, and/or a failure to pay a fine(-s) is required to perform the following actions:

1. Discharge his/her obligations to the Customs and/or pay the fine(-s). However, it should be borne in mind that arrears because of which the individual had been prohibited from entering the country are not final, and interest shall accrue with respect to the unpaid duties and taxes. Regarding any issues related to the payment of customs duties, excise duty, VAT and late interest the aliens should apply to the Tax Accounting and Recovery Division of Kaunas Territorial Customs (tel. + 370 37 304 250, + 370 37 304 251, e-mail: ktm_mais@lrmuitine.lt). In case of any questions regarding the obligations to the Customs and/or unpaid fine(-s), the alien should apply to the territorial customs division (Vilnius Territorial Customs, tel. ( 5) 235 6212, Kaunas Territorial Customs, tel. (8 37) 304 243, (8 37) 304 242; Klaipėda Territorial Customs, tel.  (8 46) 390 011), in case of questions regarding other unpaid fine (-s), aliens should apply to the institution (-s) that imposed the fine (-s);
2. after fulfilling the obligations to the Customs and/or paying the fine (s), must provide the Migration Department with a reasoned request to delete data about him/her from the National list of aliens who are prohibited from entering the Republic of Lithuania (hereinafter – the list of alerts). Such request must be submitted to the Migration Department via MIGRIS, and in case of technical malfunctions of MIGRIS which prevent this request from being submitted via MIGRIS – in writing (by post (L. Sapiegos str. 1, Vilnius, LT-10312) or by electronic means (by e-mail rastine@migracija.gov.lt), signed using a qualified electronic signature). The request must contain the data of an alien, the e-mail address and phone number of an alien together with a copy of a valid passport of an alien or equivalent travel document (the authenticity of the copy must be certified by the person or authority entitled to certify the authenticity of the copies of documents), a photograph in which the alien is captured with the personal data sheet of his/her valid alien's passport or the equivalent travel document and in which all the entries on this sheet are clearly visible as well as a photograph of a person and the copies of documents substantiating the circumstances specified in the request (if available). If the request is submitted when the alien connects to MIGRIS via the State Information Resources Interoperability Platform or in writing, the specified photo is not to be attached. After the Migration Department receives the request of an alien to delete data about him/her from the list of alerts, it will coordinate this in writing with the public authority or institution that has submitted the proposal to prohibit the alien from entering the Republic of Lithuania. Please note that usually a reasoned proposal of a public authority or institution which has submitted a proposal to include the data on an alien to the list of alerts to deleted data on the alien from this list is examined faster than the request of an alien himself/herself, since such proposal is not subject to the provision requiring a written coordination with a public authority or institution which has submitted a proposal to prohibit an alien from entering the Republic of Lithuania. The decision to delete (refuse to delete) the data on an alien from the list of alerts is made within 20 business days from the day of receipt of the alien's request at the Migration Department.

Brief information for foreigners staying illegally in Lithuania.