the Citizenship Law is not clear on the way in which rejections are communicated with the applicant, the
Constitutional and Supreme Administrative Courts have ruled that the person concerned must be informed
of the reasons for the rejection and have the right to lodge an appeal with an administrative court. At the
same time, the case law acknowledges that the President enjoys wide discretion in such cases.
In practice, there are several obstacles for stateless persons to acquire Lithuanian citizenship through
naturalization. Many older stateless persons interviewed for this research quoted the requirement to pass
the Lithuanian language examination as the main obstacle.379 Those who were over 65 years old and were
thus exempt from this requirement, were not aware of this fact.380 The Roma community benefits from
free courses to prepare them for the language and Constitution examinations by the Trakai municipality.381
Other interviewees, especially those born in Lithuania, said they could not afford the fees for the process of
naturalization and the examinations.382 At the time of research, the process of naturalization cost 179 LTL
(51 Euro) and this fee could not be waived.
One of the recommendations provided by the UN Human Rights Council to the Government of Lithuania
during the latest Universal Periodic Review was to ease the procedure of obtaining citizenship, including by
reducing the language requirement. Lithuania did not support the recommendation, as it “[did] not have
any data showing that the Lithuanian provisions on obtaining citizenship create any obstacles to ensuring
adequate protection of human rights for Lithuanian residents.”383
Finally, although a criminal record does not per se disqualify an applicant from naturalizing, the case of
A.M. described below shows that in practice, even if the person has not been convicted of a grave crime, a
conviction of any crime can result in a refusal to grant citizenship in the process of naturalization.
CASE STUDY384
A.M., male, 39 Years old
Country of birth: Lithuania (born to Russian parents)
A.M. approached the authorities at the age of 18 (in 1991) and was told that the “zero option” time had
expired but the new Law on Citizenship had not yet entered into force, so he would have to wait. In 1991 or
1992, A.M. obtained a permanent residence permit and the Stateless Person’s Travel Document. He soon
returned to approach the authorities regarding citizenship. “They told me the rules had changed and now
I had to take the exams and provide many documents. I started the process but soon realized it was very
lengthy and complicated, so I thought I would leave it for now. Travelling was easier like that, I thought I was
not going to take up a job in the civil service and that I could give up voting,” he says.
A.M. lived and worked with a residence permit until he decided he definitely wanted to acquire citizenship
in 2011. He gathered the necessary documents and passed the necessary exams in 2012. Asked if the
exams were difficult, A.M. said: “No, for me they were not difficult. They would be difficult for foreigners who
migrate to Lithuania these days, but not for somebody who is autochthonous from Lithuania.” However, a
82
379
Of the 15 participants eligible for naturalization, 5 said they would like to acquire Lithuanian citizenship but feel they would not
be able to pass the Lithuanian language examination. Their age ranged from 53 to 71 years.
380
R. interviewed on 7 September 2012 and N. interviewed on 10 September 2012.
381
Interview with Svetlana Novopolskaja from the Roma Community Centre on 20 August 2012.
382
Of the 15 participants eligible for naturalization, 3 quoted prohibitive fees as an obstacle to undertaking the process of
naturalization.
383
UNGA, Human Rights Council, Nineteenth session, Report of the Working Group on the Universal Periodic Review (Addendum): Views on
conclusions and/or recommendations, voluntary commitments and replies presented by the State under review – Lithuania, A/HRC/19/15/
Add.1, 6 March 2012, paragraph 15, available at: http://goo.gl/4o1mql.
384
Interviewed on 11 September 2012.
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
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