CASE LAW Nr. 2-6661-797/2010 (11 November 2010) Šiauliai Municipal Court A.P. appealed to court to establish that he moved to Lithuania in 1991, currently lives in its territory, and has a family and a place to live. The applicant, at the time, was not officially employed or paying taxes, as he could not be contracted without a valid identification document or a residence permit. A representative of the Migration Division of the Territorial Police Unit pointed out that the criteria established by law cannot realistically be met given the applicants situation, as the applicant could not work officially or have another lawful means of subsistence without a valid identification document. She asked the court to consider other facts in the case, because without establishing the applicant’s actual residence in Lithuania, his situation would only become worse. The court took note of documentary evidence, which consisted of the applicant’s expired Soviet passport, documents relating to previous employment and social insurance, as well as three witness accounts. It established the fact of actual residence for the purposes of obtaining a permanent residence permit. Nr.2-1757-364/2011 (22 February 2011) Kaunas Municipal Court L.P. was born in Latvia in 1958. In court, she wanted to establish the fact that she had moved to Lithuania in 1985 and at that time resided in its territory, for the purposes of obtaining Lithuanian citizenship or a permanent residence permit. She was unemployed and did not have a place of residence. At the time of the trial, she was temporarily staying at a women’s shelter. The applicant provided documentary evidence and an oral statement by two representatives of the municipality. The court had received a confirmation from the Migration Department that it would accept L.P.’s application since her residence can be confirmed. The court granted the petition. The vast majority of undocumented residents are vulnerable populations who experience social exclusion. Staff members at migration agencies and social workers have identified destitution, alcohol addiction, prior imprisonment, and lack of social or family networks as affecting this small population.226 One staff member calculated that it costs some 600 LTL (175 Euro) in total to obtain a residence permit. A part of this sum can be covered by a one-off allowance from the municipal authorities, which must be applied for by the migration agency itself. As there is no specific procedure to deal with situations of people with “unresolved” legal status, the practice and results are inconsistent. Some migration agencies are unaware of the possibility to apply for the benefit. In poorer municipalities, it is even more difficult to obtain these benefits, as some agencies observed. One expert at a migration agency in the south of Lithuania said: “Sometimes the municipalities tell us, “I have this single mother with four children, or that person who has cancer and needs medicine, and you want me to spend the money I could give them on this alcoholic?”” Even if the allowance is granted, it is necessary to obtain Social Insurance, which is a requirement in order to obtain a permanent residence permit. The individual can also be fined 250 to 1000 LTL (70 to 290 Euro) for “unlawful stay” in the country.227 If the fine is applied, the person cannot obtain a residence permit unless he or she pays it first. 58 226 Interviews with staff members of the migration agencies in Mažeikiai, 22 August 2012; Vilnius, 27 August 2012; Šalčininkai, 4 September, 2012; Švenčionys, 5 September, 2012; Visaginas, 29 August 2012. 227 Code of Administrative Offences of the Republic of Lithuania, Article 206. Following the amendment of 16 October 2014, the concerned person may be fined 72 - 289 Euro. M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A