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What you need to know about the obligation to leave the European Union?
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What you need to know about the obligation to leave the European Union?


The European Union ensures free movement in the Schengen Area and simplifies the requirements to the EU citizens who want to reside in another EU Member State rather than in the country of origin. Despite this, every EU, EEA country and Switzerland are granted the right to send an EU, EEA citizen or a citizen of Switzerland out of the country if he or she becomes “a disproportional burden on the social system of the country”.

This in no way means that the country can send a person out of its territory only because he or she does not work and receives social benefits. This is sooner related to those cases when a person fails to prove that he or she is looking for a job, or when it is obvious that his or her search for a job will be unsuccessful.

The receiving EU Member State takes into consideration the duration of each person’s stay, personal circumstances and the amount to the support provided. After the receiving EU State decided that the person has become an ungrounded burden on the system, it can start the procedure for sending a person out of the country (obligation to leave). Each state carries out this procedure on the basis of its internal legal acts.

Also, the EU Member States can limit free movement of persons for the purpose of public safety, public policy or public health. The person who poses a threat to these values declared by the European Union can also be sent out of the country.

Having sent a person out of its territory, the EU Member State cannot forbid him or her to arrive in the country again therefore the person can return to it at any time and make use of the right to reside in the country if he or she satisfies all the conditions applied to a EU citizen who wants to live in another EU state.

People who are being sent back to Lithuania from other states are usually flown to one of the Lithuanian airports – in Vilnius or Kaunas. If a person has to return to one of the regions, which is farther from the capital or Kaunas, social services centres set up under the self-governments can, if possible, provide him or her with accommodation at a common-lodging house. In exceptional conditions, if the person has proved that he has no money or relatives who can help him or her, a commission is set up at the social service centres, which decides in each specific case whether the person meets the requirements to be provided with material assistance to return home. Social services centres do not pay cash. Assistance is provided by buying a fare in public transport to return to certain self-government.

People who are transferred to the large Lithuanian cities and have no their people or relatives left in Lithuania, can also apply to common lodging houses in Kaunas or Vilnius for temporary accommodation. In that case these people must declare their place of residence in self-government and, if he or she wants to start looking for a job and arrange health insurance – to register with the labour exchange.

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