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The right of the EU citizens, the family members of a citizen of the Republic of Lithuania to temporary residence in Lithuania
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The right of the EU citizens, the family members of a citizen of the Republic of Lithuania to temporary residence in Lithuania

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If a citizen of the Republic of Lithuania has never exercised the right of free movement, the EU citizen, a family member of a citizen of the Republic of Lithuania, shall have the right to temporary residence in Lithuania. He/she shall be issued a certificate testifying to his/her right to temporary residence in Lithuania. The fact that a citizen of the Republic of Lithuania has not exercised the right of free movement also has an impact on the absence of the possibility to extend the concept of the family.

“A citizen of the Republic of Lithuania is deemed to have exercised the EU right of free movement if he/she resided in another EU Member State after 1 May 2004 (i.e. he was not on holiday and did not go to do the shopping in another EU Member State but was engaged in some activities (worked, studied, etc.) and maintained relations with that country.”

When the EU citizen arrives together with a citizen of the Republic of Lithuania or to a citizen of the Republic of Lithuania, to receive a certificate certifying his/her right to temporary residence in Lithuania, he/she shall have to submit the following:

  1. an application of established form;
  2. a valid passport of the EU citizen or the Identification Card  (to compare the data with the data of the EU citizen specified in the application);
  3. documents certifying the basis for issuing the certificate:
    • a document certifying marriage or an agreement of registered partnership, or
    • documents certifying that the EU citizen is a direct descendant of a citizen of the Republic of Lithuania, his/her spouse or the person with whom an agreement of registered partnership has been concluded and who is under 21 years of age or he/she is a dependent, and the documents certifying maintenance, or
    • documents certifying that the EU citizen is a dependent relative of straight upper line (parents (adoptive parents), grandparents) of a citizen of the Republic of Lithuania, his/her spouse or the person with whom an agreement of registered partnership has been concluded, and the documents certifying maintenance.

A certificate shall be issued for a five year period or for the foreseeable period of residence of the EU citizen in Lithuania if it is shorter than 5 (five) years.

Situation 1: Agnė lives in Lithuania; she has never left the country for longer than a three-month period. She became acquainted with the Austrian Stephan in Vilnius who came on a business trip. Shortly after they got married Stephan arrived to live in Lithuania and was issued a certificate certifying his right to temporary residence in Lithuania because Agnė has never exercised the right of free movement.
Situation 2: Mindaugas went to live in Sweden where he met a Swedish girl Monika. They started living together and had a child. Some time later they decided to move to Lithuania. Though Monika is not Mindaugas’ spouse, she was issued a certificate of the EU citizen certifying her right to permanent residence in Lithuania because Mindaugas is a citizen of the Republic of Lithuania who has exercised the right of free movement. The fact that he had gone to live in Sweden also played a decisive role in regarding Monika, who is not his spouse, as his family member (extension of the concept of a family member).

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