Lithuanian nationality law operates on the jus sanguinus principle, whereby persons who have a claim to Lithuanian ancestry, either through parents, grandparents, great-grandparents may claim Lithuanian nationality. Citizenship may also be granted by naturalization. Naturalization requires a residency period, an examination in the Lithuanian language, examination results demonstrating familiarity with the Lithuanian Constitution, a demonstrated means of support, and an oath of loyalty. A right of return clause was included in the 1991 constitution for persons who left Lithuania after the Soviet occupation in 1940 and their descendants. Lithuanian citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.
In 1989, the legislature passed a nationality act granting automatic citizenship to those persons who could establish their own birth, or that of a parent or grandparent, within Lithuanian borders.[1] Permanent residents not covered by these criteria were granted citizenship upon signing a loyalty oath.[1] Language proficiency was not required.[1] A 1991 treaty with Russia extended the definition of residency to those who had immigrated to Lithuania from Russia between 1989 and the ratification of the treaty.[1] Subsequent applicants for citizenship were required to meet a set of naturalization standards, including Lithuanian language testing.[1]
The citizenship requirements were the most liberal compared to the other Baltic states following the independence restoration. This is commonly attributed to a relatively low level of immigration from other areas of the Soviet Union, especially Russia, resulting in a more ethnically homogenous population.[2]
In November 2006, the Constitutional Court of the Republic of Lithuania ruled that the Law on Citizenship (wording of 17 September 2002 with subsequent amendments and supplements) was "controversial, inconsistent and confusing".[3] At issue was the possession of dual citizenship; the provision extended the right of citizenship, and hence the right to vote, to members of the post-war Lithuanian diaspora, which was concentrated in the United States, Canada, Australia, and Argentina, and their children, grandchildren, and great-grandchildren. The most notable member of this diaspora was Lithuanian President Valdas Adamkus, who had become a United States citizen; he formally renounced US citizenship before taking the oath of office.
The petitioners held that basing citizenship on ethnic origin or nationality of the person violated the equality of persons and was discriminatory. The use and meaning of the term "repatriated" was especially controversial. The Lithuanian Seimas (parliament) passed a temporary law, expiring in 2010, that granted dual citizenship in exceptional cases, most notably to those who were Lithuanian citizens prior to 1940 and who fled during the Soviet occupations, as well as to their children and grandchildren.
The Constitution states that Lithuanian citizenship is acquired by birth except in certain cases established by law and that no person may be a citizen of Lithuania and another country or state at the same time, except in special cases. This provision of the Constitution can only be changed by a referendum.
Currently, the law on citizenship allows dual citizenship only in exceptional cases for those whose ancestors left Lithuania before the independence restoration in 1990, but still had Lithuanian citizenship in 1940. There are some things to consider before someone could be able to pass the Lithuanian citizenship eligibility, and by having these, gives the person the right to claim Lithuanian citizenship.
Persons who were citizens of independent Lithuania (between 1918 up to 1940) as well as their children, grandchildren, and great-grandchildren can restore Lithuanian citizenship. Persons of Lithuanian descent can restore dual Lithuanian citizenship if their ancestor still had Lithuanian citizenship in 1940. Dual citizenship can also be extended to descendants of Lithuanian citizens who were exiled to Siberia and stayed in Soviet Union countries.
During November 2010 the Seimas passed a law liberalizing dual citizenship requirements. President Dalia Grybauskaitė vetoed it, stating that: "According to the Constitution, dual citizenship is a rare exception, not a common case."[4]
On 23 June 2016, the Seimas passed a law further liberalizing dual citizenship requirements.[5] It went into effect on 6 July 2016, amending the Law on Citizenship of the Republic of Lithuania (Law XI-1196 Dec 2, 2010).[6] Article 7 of the Law on Citizenship as amended on 23 June 2016 lists the following criteria for dual citizenship:[7]
They have acquired citizenship of the Republic of Lithuania and citizenship of another state at birth.
They are a person who left Lithuania before 11 March 1990. This is defined as:
at least one of their ancestors (parents, grandparents or great grandparents) was a citizen of the Republic of Lithuania (between 1918 1940);
the ancestor left Lithuania (the law changed the former 'fled' requirement) some time before Lithuania restored its independence on 11 March 1990;
the ancestor did not depart to the former Soviet Union after 15 June 1940.
They are a person who was exiled from the occupied Republic of Lithuania before 11 March 1990.
They are a person, or their descendants (children, grandchildren, great-grandchildren), who until 15 June 1940 had Lithuanian citizenship and was forcibly deported from Lithuania before 11 March 1990, because of political, social, or ethnic persecution by Soviet and Nazi occupation regimes.
They have by virtue of marriage to a citizen of another state ipso facto acquired citizenship of another state.
They are adopted by citizen of the Republic of Lithuania before reaching 18 years of age.
They have acquired citizenship of the Republic of Lithuania by way of exception while being a citizen of another state.
They are a person who has retained citizenship of the Republic of Lithuania or who has citizenship of the Republic of Lithuania restored for his outstanding merits to the State of Lithuania.
They have acquired citizenship of the Republic of Lithuania while having refugee status in the Republic of Lithuania.
Some countries (such as Argentina, Uruguay and Mexico) do not allow renouncing their citizenship, so applicants might de facto keep dual citizenship[8] even if they are eligible only for single Lithuanian citizenship.
In certain cases, only restoration of Lithuanian citizenship as single Lithuanian citizenship is allowed. For example, persons that voluntarily left to former USSR countries prior to 1990 (i.e. were not deported) and have Lithuanian ancestors can restore Lithuanian citizenship but have to renounce their current citizenship.[9] This does not apply to the people that fled or left during the Soviet occupation before 1990 and these persons can restore dual citizenship.
In 2018, at the request of Lithuanian parliament, the constitutional court clarified that being a citizen of both Lithuania and another state at the same time is not acceptable. Those who left Lithuania after it regained independence in 1990 cannot hold dual citizenship therefore it could be changed only by referendum.
The referendum to change the Constitution in order to allow Lithuanian citizens also to be citizens of other countries was held on 12 May 2019. Even though most of the voters were in favor of changing the Constitution - the referendum on Lithuanian dual citizenship failed because the turnout was too low.
Certificate of Lithuanian Descent
The Certificate of Lithuanian Descent is a document confirming the ethnic Lithuanian origin of a person. The certificate gives an indefinite right to obtain Lithuanian citizenship, to obtain a visa to Lithuania, to apply for permanent residence in Lithuania. A certificate of Lithuanian origin may be obtained by persons who have at least one of their parents, grandparents or grandmothers who are ethnic Lithuanians by nationality.
Certificate of Right to Restore Lithuanian Citizenship
The Certificate of Right to Restore Citizenship of the Republic of Lithuania is an official document entitling its holder to obtain Lithuanian citizenship by descent (as a rule, upon renunciation of the existing citizenship). In addition, the certificate of the right to restore Lithuanian citizenship entitles its holder to obtain a visa to Lithuania, to apply for permanent residence in Lithuania.
Visa requirements for Lithuanian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Lithuania. In 2015, Lithuanian citizens had visa-free or visa-on-arrival access to more than 180 countries and territories, ranking the Lithuanian passport 10th in the world according to the Visa Restrictions Index.
In 2017, the Lithuanian nationality is ranked twenty-second in the Nationality Index (QNI). This index differs from the Visa Restrictions Index, which focuses on external factors including travel freedom. The QNI considers, in addition to travel freedom, on internal factors such as peace & stability, economic strength, and human development as well. [14]
Related Research Articles
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.
Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.
Austrian nationality law details the conditions by which an individual is a national of Austria. The primary law governing these requirements is the Nationality Law, which came into force on 31 July 1985.
The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.
Polish nationality law is based primarily on the principle of jus sanguinis. Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth. Besides other things, Polish citizenship entitles the person to a Polish passport.
Slovenian nationality law is based primarily on the principles of jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.
Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.
Nationality law of Greece is based on the principle of jus sanguinis. Greek citizenship may be acquired by descent or through naturalization. Greek law permits dual citizenship. A Greek national is a citizen of the European Union, and therefore entitled to the same rights as other EU citizens.
The Spanish nationality legal framework refers to all the laws, provisions, regulations, and resolutions in Spain concerning nationality.
Estonian citizenship law details the conditions by which a person is a citizen of Estonia. The primary law currently governing these requirements is the Citizenship Act, which came into force on 1 April 1995.
Bulgarian nationality law is governed by the Constitution of Bulgaria of 1991 and the citizenship law of 1999.
Danish nationality law is governed by the Constitutional Act and the Consolidated Act of Danish Nationality. Danish nationality can be acquired in one of the following ways:
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