month before the interview, he had received a letter from the Citizenship Commission informing him he was
not granted citizenship because of his criminal record dating back to 1993: “The letter said that although
my previous conviction had expired, the fact that I have a criminal record stays with me my whole life. It said
I could try next year.”
A.M. had been sentenced to six months imprisonment for what under the current criminal code would
be considered a crime of little gravity. He went to a legal aid clinic where he was advised to write to the
President directly instead of appealing the decision. “The lawyers read the letter and they didn’t understand
the Commission’s decision themselves. There is no law that would deny citizenship in my case. I’m not a
terrorist; I’m not a serial killer or a drug trafficker. I had just made a mistake,” he says.
A.M. is deeply uncomfortable about his statelessness: “What if something happens to me? Will Lithuania
take care of me? They will say, “You’re not a citizen of our country.” But I’m not a citizen of any country!”
In the longer term, he wants to see himself as a Lithuanian citizen with full rights. If this does not happen,
he would consider moving to a different country: “I don’t want to, but perhaps then I should go to a country
where people are treated with dignity. But first I will try and do everything I can here.”
In view of the above, it is recommended that Lithuania considers ways of facilitating the naturalization of
stateless persons on its territory, such as stateless refugees, by, for example, reducing the number of years
of residence required prior to being eligible for naturalization, and by reducing or waiving the application
fees.385 Measures like increasing the accessibility to Lithuanian language courses and orientation classes on
the content of the Lithuanian Constitution would also be welcomed.
4.3.5.2 OTHER MODES
Persons who were citizens of Lithuania prior to 15 June 1940, and their descendants, can have their
Lithuanian citizenship reinstated, whether they live in Lithuania or not.386 Lithuanian citizenship cannot be
reinstated to those persons who are citizens of another State, unless they were deported from Lithuania or
left Lithuania before 11 March 1990 or are descendants of such persons. They must also not fall under one
or more of the exclusion clauses of Article 22 of the Law on Citizenship. Lithuanian citizenship can only be
reinstated once.387
Persons “of Lithuanian descent”, i.e. persons with a Lithuanian parent or grandparent and who consider
themselves Lithuanian and declare so by written statement,388 can be granted citizenship of Lithuania
under the simplified procedure, that is without having to meet the conditions for naturalization.389 The
person must have never been a Lithuanian citizen, must not hold the citizenship of another State, and
must not meet any of the general exclusion clauses.390 The applications are submitted to the President of
the Republic through the Migration Divisions of the Territorial Police Units or diplomatic institutions. The
current fee is 50 Euros.
385
See further Observations by the UNHCR Regional Office for the Baltic and Nordic Countries on the Ministry of Internal Affairs’ proposal no.
12-2398-02 introducing amendments to the Lithuanian Law on Citizenship, paras. 16-17, at: http://goo.gl/a9cIYt.
386
Article 9 of the Law on Citizenship.
387
The person may apply through the Migration Division of his/her Territorial Police Unit or diplomatic institutions if he or she
resides abroad. The applications are submitted to the Minister of the Interior. The applicant must write a petition to reinstate
citizenship, provide an identification document along with supporting documentary evidence of (an ancestor’s) links with
Lithuania. The current fee is 41 Euro.
388
Ibid, Article 2(6).
389
Ibid, Article 2(14).
390
Ibid, Article 10 and 39.
U N H C R S TO C K H O L M , M AY 2 0 1 6
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