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- Lithuanian citizenship. Reinstatement of Lithuanian Citizenship without renouncing existing one (Dual Citizenship)
Lithuanian citizenship. Reinstatement of Lithuanian Citizenship without renouncing existing one (Dual Citizenship)
Lithuanian citizenship - permanent legal relationship between a person and the Republic of Lithuania, based on mutual rights and obligations.
One can become a Lithuanian citizen by receiving citizenship in accordance with the law (e.g., marriage, naturalization (permanent residence in Lithuania for at least 10 years), birth, when one of the parents or both are Lithuanian citizens or stateless persons, or are not known, restoration of citizenship of Lithuania, the exceptional granting of citizenship) and reinstatement of Lithuanian citizenship.
Reinstating the Lithuanian citizenship can be achieved by renouncing or not renouncing the existing citizenship.
Paragraph 1 of Article 9 of the Law on Citizenship of the Republic of Lithuania from December 2, 2010 No XI-1196 indicates that Lithuanian citizenship can be reinstated by persons who had the citizenship of Lithuania prior to June 15, 1940 and their descendants who are not citizens of another country, i.e. the law provides for a mandatory renouncement of existing citizenship, if a person wants to reinstate the Lithuanian citizenship, except for some cases in which one can reinstate Lithuanian citizenship without renouncing the existing one (dual citizenship).Requirement to renounce the existing citizenship of another country does not apply to those persons who at the same time can be citizens of Lithuania and another country according to the Lithuanian Law on Citizenship
Paragraphs 2, 3, and 4 of Article 7 of the Law on Citizenship of the Republic of Lithuania from December 2, 2010 No XI-1196 foresee cases when a person may be a citizen Lithuania and at the same time have the citizenship of another country. Paragraph 2 of Article 7 of the law mentioned above foresees that a person may be a citizen of Lithuania and at the same time a citizen of another country (-ies), if this person had been deported from the occupied Lithuania prior to March 11, 1990 and has since acquired the citizenship of another country, also his descendant (Paragraph 4 of Article 7 of the Law on Citizenship of the Republic of Lithuania from December 2, 2010 No XI-1196). Paragraph 3 of Article 7 of the Law on Citizenship of the Republic of Lithuania from December 2, 2010 No XI-1196 provides that a person may be a citizen of Lithuania and at the same time be a citizen of another country, if this person had left Lithuania prior March 11, 1990 and has since received citizenship of another country, as well his descendant (Paragraph 4 of Article 7 of the Law on Citizenship of the Republic of Lithuania from December 2, 2010 No XI-1196).
Part 4 of Article 7 of the Law discussed above foresees that not only the persons who had left Lithuania or had been deported from Lithuania prior to March 11, 1990 and received the citizenship of another country, but also their descendants can become citizens of Lithuania and other countries (states). This law states that the descendants of the citizen of Lithuania - a child, grandchild or great-grandchild of the person who had had Lithuanian citizenship prior to June 15, 1940, i.e. 4rd line descendants can reinstate Lithuanian citizenship.
Due to the foregoing, it can be seen that for the reinstatement of Lithuanian citizenship without renouncing existing one (dual citizenship) the following conditions are important:
1. A person had had Lithuanian citizenship (he was born and lived in Lithuania) prior to June 15, 1940 or a person is the descendant of the person or persons who had had Lithuanian citizenship prior to June 15, 1940;
2. A person had been deported from the occupied Lithuania prior to March 11, 1990 and was since then granted the citizenship of another country, or a person is the descendant of the person who had been deported from the occupied Lithuania prior to March 11, 1990 and is a citizen of another country;
3. A person had left Lithuania prior to March 11, 1990 and was since then granted the citizenship of another country, or a person is the heir of the person who had left Lithuania prior to March 11, 1990 and is a citizen of another country.
Leaving Lithuania means leaving for permanent residence in another country, when on March 11, 1990 permanent residence of the person was not in Lithuania. It should be noted that in practice, when deciding on the reinstatement of Lithuanian citizenship the motives of leaving Lithuania were addressed. On May 7, 2013 the Administrative Court of the city of Vilnius proceeded and the court has made a decision, which stated that the motives of the person to leave Lithuania before March 11, 1990 must be historical, political. This requirement has not been applied since 2016.
Conditions for reinstating Lithuanian citizenship (dual citizenship conditions)
Lithuanian citizenship may be reinstated upon a renunciation of the previous citizenship of another state or without a necessity of such a renunciation (i.e. upon retention of the previous citizenship). For reinstatement of Lithuanian citizenship upon retention of the previous citizenship, it is not sufficient to prove only the fact that the person was a citizen of Lithuania before 15 June 1940. For preserving the dual citizenship, such a person shall prove the following circumstances:
1. The fact of deportation from occupied Lithuania before 11 March 1990 (i.e. the person or his/her parents, grandparents or great-grandfathers or at least one of them were deported in the period between 15 June 1940 and 11 March 1990 according to a decision of authorities or a court of the occupation regime for a resistance to the regime or political, social or origin-related reasons);
or
2. The fact of leaving Lithuania before 11 March 1990 (i.e. the person or his/her parents, grandparents or great-grandfathers or at least one of them left Lithuania before 11 March 1990 and their place of permanent residence was out of Lithuania on 11 March 1990. It should be noted that this provision is not applicable to persons having left the territory of Lithuania after 15 June 1940 for any other location of the former Soviet Union).
Applying for the reinstatement of Lithuanian citizenship.
On April 3, 2013 the Government of Lithuania has made a decision No 280 which confirms the description of the procedure for preparing the documents for reinstatement of citizenship of the Republic of Lithuania; regulates the process of filing applicationfor reinstatement of Lithuanian citizenship and decision-making on reinstating Lithuanian citizenship, as well as other issues. According to the decision application for reinstatement of Lithuanian citizenship is addressed to Minister of Internal Affairs of Lithuania and is submitted through legally established institutions - Migration Department of Republic of Lithuania or the nearest Lithuanian Consulate (if the person does not live in Lithuania). Application for reinstatement of Lithuanian citizenship should be written in the Lithuanian language, attached copies of the documents should be translated into Lithuanian and notarized, in some cases, documents must be legalized or certified with the stamp "Apostille". A state fee is required to pay for the hearing of the case or consular fee -for adoption and transfer of the application and other documents attached.
Petition to reinstate Lithuanian citizenship should have following documents attached:
1. Proof of identity;
2. Documents certifying that the person had had Lithuanian citizenship prior to June 15, 1940 or is a descendant of the person who had had Lithuanian citizenship prior to June 15, 1940;
3. Documents confirming changes of name and surname, if the data has been changed;
4. The document confirming that the person is not a citizen of another country, except in cases in which a person can simultaneously be a citizen of Lithuania and other countries, as referred to in Paragraphs 2, 3, and 4 of Article 7 of the Law on Citizenship of the Republic of Lithuania from December 2, 2010 No XI -1196;
5. In case the person is a citizen of another country, a proof that there are conditions foreseen in Paragraphs 2, 3, and 4 of Article 7 of the Law on Citizenship of the Republic of Lithuania from December 2, 2010 No XI-1196.
If you have any questions regarding Lithuanian citizenship or should you require more information or help, please contact us by e-mail: info@migration.lt or phone: + 370 6 1861886. We will gladly help you.