Posted by: 2019-01-28 - In category: Legal information - No responses

PERMANENT RESIDENCE PERMIT

Permit of a long-term resident of the Republic of Lithuania to reside in the European Community (hereinafter – a permanent residence permit) means a document entitling an alien to reside in the Republic of Lithuania and certifying the alien’s permanent resident status.

Permanent residence permit is executed for five years and after this period passes, it may be replaced.

WHO IS ISSUED WITH PERMANENT RESIDENCE PERMIT?

Grounds for the issue of a permanent residence permit are established in paragraphs 1, 5 and 7 of Article 53 of the Law on the Legal Status of Aliens .

An alien may be issued a permanent residence permit, if:

1) the alien has retained the right to citizenship of the Republic of Lithuania according to the procedure established by the Republic of Lithuania Law on Citizenship*;

2) the alien is a person of Lithuanian descent*;

3) the alien has entered the Republic of Lithuania for residence together with a citizen of the Republic of Lithuania as his/her family member;

4) the alien has lost citizenship of the Republic of Lithuania but resides in the Republic of Lithuania;

5) the alien is a child under the age of 18, born in the Republic of Lithuania and his/her parents or one of the parents are citizens of the Republic of Lithuania whose place of residence has been declared in the Republic of Lithuania or who hold a permanent residence permit;

6) the alien has been granted refugee status in the Republic of Lithuania;

7) the alien has been residing in the Republic of Lithuania uninterruptedly for the last five years holding a temporary residence permit **;

8) the alien has been residing in European Union Member State uninterruptedly for the last five years,not less than two of which uninterruptedly residing in the Republic of Lithuania and had a temporary residence permit, issued based on subparagraph 4¹of paragraph 1 of Article 40 of the Law on the Legal Status of Aliens. (issuing temporary residence permit for alien, who intends to work in a job requiring good professional qualification)**;

9) in the case established in Article 2 of the implementation Law of the Law on the Legal Status of Aliens (the right for aliens, who settled in the Republic of Lithuania before 1 July 1993 and are residing here at the moment), to receive a permanent residence permit;

10) (s)he has been living in non-European Union Member State for a period not exceeding 12 months in a row or in another European Union Member State for a period not exceeding six years and did not acquire a status of a long-term resident in there, and before settling in a foreign country, has been residing in the Republic of Lithuania and had a permanent residence permit;

11) (s)he, owning a temporary residence permit, which was issued on the grounds of paragraph 1 of Article 43 of the Law on the Legal Status of Aliens (issuing temporary residence permit in case of family reunification) has been living in the Republic of Lithuania with a family uninterruptedly for the last five years **.

Notes:

* Temporary residence permit may also be issued for alien‘s family members, arriving to reside together with an alien or those who already reside together.

** Permanent residence permit may be issued based on this ground, if an alien has passed an examination in the state language and in the basic principles of the Constitution of the Republic of Lithuania. The order of examination in the state language and in the basic principles of the Constitution of the Republic of Lithuania and issuing the certificates is established by the Government of the Republic of Lithuania.
Information on the examination in the fundamentals of the Constitution of the Republic of Lithuania is available on the internet site of Education Development Centre (address Vilnius, D. Katkaus str. 44, phone (8 5) 275 2362).

This requirement shall not be applicable to:

persons who are 75 years of age;
persons who have been established 0-25% capacity for work (before 30 June 2007 – I group invalids);
persons who have been established according to the procedure laid down by legal acts as persons with level of special needs;
to persons ill with grave chronic mental illnesses;
for aliens, who received a permanent residence permit on the grounds of clause 8¹ of part 1 of article 53 of the Law proves that he or she went to the country of origin to work, to engage in another lawful activity or to study, this period shall be extended for the alien and his or her family members, who have a permanent residence permit, by up to 24 consecutive months, or on the grounds stipulated in clause 4 (the alien has lived in another member state of the European Union for more than 6 years or acquires the long-term resident status in another member state of the European Union).

WHAT DOCUMENTS SHALL BE SUBMITTED FOR THE ISSUANCE OF A PERMANENT RESIDENCE PERMITS?

Prior to submitting an application to issue a permanent residence permit, an alien must paystate fee of 43 EUR for the examination of an application to issue a permanent residence permit, except for the cases, when in a manner established by the law, (s)he is exempted from the state fee. If an alien is exempted from the state fee in cases established by the law, (s)he must submit document, confirming circumstances because of which (s)he is exempted from this fee.If the state fee for the consideration of the application for issuing the permanent residence permit was paid by another person on behalf of the alien, it is necessary to provide the detailed form of the payment order specifying the name, the surname, the personal identification number or the date of birth of the alien on whose behalf the payment was made; the payment order shall be certified by the bank’s stamp.

An alien, except for an alien, who was granted a refugee status in the Republic of Lithuania* and who seeks to receive a permanent residence permit, shall submit:

an application of an established form to issue a permanent residence permit;
a valid travel document;
a document confirming that the alien has enough funds to live in the Republic of Lithuania for at least one year (the sum is calculated according to the amount of subsistence funds for living in the Republic of Lithuania set by the Minister of Social Security and Labour of the Republic of Lithuania, which may be considered sufficient for the alien asking for a residence permit to live in the Republic of Lithuania for one calendar month, multiplied by 12 months) and (or) receives regular income amounting to at least the amount of subsistence funds for living in the Republic of Lithuania set by the Minister of Social Security and Labour of the Republic of Lithuania, which may be considered sufficient for the alien asking for a residence permit to live in the Republic of Lithuania. When the alien is supported by a family member, the obligation of the family member to support the alien must be submitted, as well as a document confirming that the family member has enough funds for himself or herself and the alien to live in the Republic of Lithuania for at least one year (the sum is calculated according to the amount of subsistence funds for living in the Republic of Lithuania set by the Minister of Social Security and Labour of the Republic of Lithuania, which may be considered sufficient for the alien asking for a residence permit to live in the Republic of Lithuania for one calendar month, multiplied by 12 months, and then multiplying the resulting sum by the number of persons supported by the family member, including the family member himself or herself) and (or) receives regular income for the family member and the alien to live in the Republic of Lithuania and the amount of income per person supported by the family member, including the family member, comprises at least the amount of subsistence funds for living in the Republic of Lithuania set by the Minister of Social Security and Labour of the Republic of Lithuania, which may be considered sufficient for the alien asking for a residence permit to live in the Republic of Lithuania **;
if the alien (who is older than 14 years) submits an application for issuing the permanent residence permit (except cases when the alien has a valid permit to temporarily live in the Republic of Lithuania and has declared his or her residence in the Republic of Lithuania, it is necessary to submit (a) valid certificate(s) from (a) competent authority(ies) of (a) foreign state(s) where the alien lived before coming to the Republic of Lithuania and (or) lives at the moment of submitting a permanent residence permit application, confirming that the alien was (not) convicted in the corresponding state(s); the certificate(s) must have been issued within 4 months prior to the day of submitting the permanent residence application. If the alien was convicted, the certificate shall specify where and for what criminal offence the alien was convicted, what punishment was imposed and whether it was served;
documents certifying the grounds to issue a permanent residence permit established in the Law on the Legal Status of Aliens, by which an alien seeks to receive a permanent residence permit***;
if alien‘s personal data in an application to issue a permanent residence permit does not match appropriate data that is in the Register of Aliens and (or) Population register of the Republic of Lithuania then, together with an application they should provide documents confirming changes of personal data (civil status registration certificate, court decision to restore, renew, replace or correct civil status act record etc.).

An application to issue a permanent residence permit shall be filled in Lithuanian, alien‘s name(s) and surname in it shall be written in capital letters, Latin alphabet, without the side characters (accented) characters, ligatures, and other modifications of the Latin alphabet based on the Latin records of a travel document. When writing name(s) and surname, you may use the following symbols: “.“, ’“, “( )“ and “/“.

Together with an application to issue a permanent residence permit, one should submit original copies of the required documents or their (except for the document confirming person‘s identity, travel document, applications) copies confirmed in a manner established by legal acts.

Documents submitted together with an application to issue a permanent residence permit, which were issued abroad, must be translated to Lithuanian and translation confirmed in a manner established by legal acts.

Documents issued in foreign countries must be legalised and confirmed with a note (Apostille) in a manner established by the Government of the Republic of Lithuania, except cases when according to international treaties of the Republic of Lithuania and legal acts of the European Union, this document does not need to be legalized or confirmed with a note (Apostille).

Notes:

* An alien, who was granted a refugee status in the Republic of Lithuania shall submit documents for the execution of a permanent residence permit.

** This requirement is not applicable for an alien, who is under guardianship (care) and who is allowed to stay in the Republic of Lithuania because (s)he is or has been a victim of human trafficking or a victim of illegal employment and co-operates with the pre-trial investigation body or with the court, in the fight against trafficking in human beings or in combating the offences linked to trafficking in human beings or illegal work, when (s)he was working in extremely abusive working conditions or when a minor was working, or because of national security interest or a person, who according to the Law on the Citizenship of the Republic of Lithuania has a right to restore the citizenship of the Republic of Lithuania, or is a person of Lithuanian origin.

*** This requirement is not applicable for an alien, who seeks to receive a permanent residence permit on the grounds that (s)he has a right to restore the citizenship of the Republic of Lithuania in a manner established by the Law on Citizenship of the Republic of Lithuania or (s)he is a person of Lithuanian descent, if (s)he is issued with the certificate confirming the right to restore the citizenship of the Republic of Lithuania or certificate confirming the Lithuanian origin or if the Migration Department under the Ministry of the Interior of the Republic of Lithuania had made a decision on retaining the right to the citizenship of the Republic of Lithuania or a decision to issue the certificate confirming the right to restore the citizenship of the Republic of Lithuania or a certificate confirming Lithuanian origin.