No one is illegal. Residence permit might be issued if deportation decision is not executed within one year

Rejected asylum seekers will not stay in limbo. Article 132 of the Law on the Legal Status of Foreigners addresses situations where there is no objective possibility to return a person to his country of origin.

When application for asylum is rejected, a foreigner can still stay legally in Lithuania based on the length of stay in the Republic of Lithuania, family ties with persons residing in the Republic of Lithuania, existing social, economic and other ties with the Republic of Lithuania. When such conditions are not met, however, the decision on deportation or voluntary return shall be taken.  Such decision shall be executed immediately upon its entry into force.  The legal certainty of such person should not put on hold for an indetermined period.

Many essential social services, such as right to education, healthcare, social housing, health insurance, right to open a bank account, use e.government services, amongst others, are linked to a residence permit. The law establishes the general rule that if a decision on deportation is not implemented within 5 years from the date of adoption of such a decision, the foreigner shall be issued a temporary residence permit.

However, Article 132 of the law refers to the situations where the deportation is suspended because the country of origin refuses to take him or the deportation cannot take place due to objective circumstances (the foreigner does not have a valid travel document, travel tickets are not available, etc.). In such cases the foreigner shall be issued a temporary residence permit valid for a maximum period of one year on the grounds set out in Article 40(1)(8) of this Law, during the validity period of which he/she shall be entitled to work.

So far, the application of this provision is not confirmed. Most of the asylum rejections entered into force in spring 2022. Besides, Article 140-22 of the Law expressly excludes such procedure in times of emergency. On December 13 Lithuanian Parliament extended emergency due to mass influx of foreigners until March 16, 2023. Current migration figures give no reason for further extension.




Konstitucijos pr. 7, Vilnius LT-09308