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A right of a family member of an EU citizen to live in Lithuania

A right of a family member of an EU citizen to live in Lithuania

The list of persons considered family member of a citizen of any EU Member State is provided in the Law of Republic of Lithuania on Legal Status of Aliens. A family member of citizen of any EU Member State shall be considered his (her) spouse or official partner (according to a registered domestic partnership contract). In addition, family members of a citizen of any EU Member State include direct descendants of the person under the age of 21 that need the maintenance (including direct descendants of the spouse of the citizen or his/her official partner according to a registered domestic partnership contract). Family members of a citizen of any EU Member State also include relatives of the ascending line of the citizen or his/her official partner according to a registered domestic partnership contract, if they need the maintenance.

The relevant legal norms of Republic of Lithuania provide two ways for residing in Republic of Lithuania to family members of a citizen of any EU Member State: to come to Lithuania together with the citizen of the EU Member State or to come later to him (her) when the citizen of the EU Member State resides already in Republic of Lithuania. Family members of a citizen of any EU Member State, if they submit relevant evidences of the said fact and conform to other set requirements, may come to Republic of Lithuania on the base of Schengen visa and stay here no longer than for 3 months per half of year. A family member of a citizen of any EU Member State does not need a visa for coming to Republic of Lithuania, if he (she) has a card (permit) for residence issued in another EU Member State as to a family member of a citizen of any EU Member State.

If family members of a citizen of any EU Member State wish to come to Republic of Lithuania together with the citizen of the EU Member State (or to visit him/her) for a period over 3 months, they shall obtain a Temporary Residence Permit (Card) for a family member of a citizen of EU Member State according to the procedure provided in laws of Republic of Lithuania. The said document is issued for a 5-year period and then should be replaced or a shorter period chosen by the citizen of EU Member State for residing in Republic of Lithuania. The principal documents to be submitted by family members of a citizen of EU Member State for issue of a Temporary Residence Permit (Card) include the valid travel documents and the documents certifying the base for issuing or replacing such a Card. If a person is not a subject to visa regime, a document confirming a lawful staying in Republic of Lithuania is required. The copies of documents to be enclosed to an application for issuing or replacing a Temporary Residence Permit (Card) shall be legalized or confirmed with Apostile according to the procedure provided in legal norms. This requirement is not applied, when a document should not be legalized or confirmed with Apostile according to international agreements concluded by Republic of Lithuania or the relevant legal norms of the European Union; it shall be translated into Lithuanian and the translation shall be certified according to the procedure provided in legal norms.

Family members of a citizen of any EU Member State shall acquire a right for permanent residence in Lithuania after 5-year lawful living in Lithuania with the citizen of EU Member State or if they are family members of a citizen of any EU Member State that has a right for restoration of citizenship of Republic of Lithuania or is a person of Lithuanian origin. Family members of a citizen of EU Member State also may acquire a right for permanent residence in Lithuania on the base of the fact of their lawful living in Lithuania within the last 5 years.

The Application and all the documents required for the procedure shall be submitted to the territorial police office migration service involved in servicing the territory where the family members of the citizen of EU Member State intend to declare their place of residence.

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