The 1961 Convention generally prohibits loss of citizenship if it would render the person stateless.364 If the
national law provides for loss of nationality as a consequence of any change in the personal status of a
person, it must be conditional upon possession or acquisition of another nationality.365 Similarly, a person
may not lose his/her nationality as a consequence of his/her spouse or parent losing or being deprived
of citizenship if it would render him or her stateless.366 As explained above, Lithuanian law meets these
requirements. Furthermore, in line with Article 7(1)(a) of the 1961 Convention, a petition of a Lithuanian
national to renounce his/her citizenship is not examined if it would render him or her stateless.367
Article 7(2) of the 1961 Convention provides that a national of a Contracting State who seeks naturalization
in a foreign country shall not lose his nationality unless he acquires or has been accorded assurance of
acquiring the nationality of that foreign country. A person may lose Lithuanian citizenship if he or she
acquires citizenship of another State.368 Although there is an obligation for the person to notify an authorized
institution (i.e. the Migration Department, a local migration agency, or consulate) within two months from
the acquisition of the citizenship of another country, Lithuanian citizenship is lost on the basis of a formal
decision taken by the Minister of the Interior from the date of acquisition of another citizenship, except for
persons who may maintain dual citizenship.369 That way, there is no possibility for the person to become
stateless, even temporarily. In cases where the other country requires the person to renounce Lithuanian
citizenship first, assurance that the person will acquire citizenship of that State, in the form of a written
statement, is sought by the Lithuanian authorities.370
Contracting States may deprive a person of nationality when it has been obtained by misrepresentation or
fraud under Article 8(2)(b) of the 1961 Convention. Article 24(7) of the Citizenship Law provides for deprivation
of Lithuanian nationality “when it is revealed that a decision with regard to the acquisition of citizenship
had been taken in breach of the laws of the country.” This language is broader than “misrepresentation or
fraud.” However, for purposes of this report, it will be assumed that the Lithuanian law will be interpreted
consistently with the 1961 Convention and, as such, construed only to refer to misrepresentation or fraud.
Article 8(3) of the 1961 Convention further allows a Contracting State to deprive a person of nationality
where there is a breach of the duty of loyalty of the citizen towards the State, namely when, despite an
express prohibition by the State, the person rendered or continued to render service or received or continued
to receive emoluments from another State or has conducted himself in a manner seriously prejudicial to
the vital interests of the State,371 or where the person has taken an oath or made a formal declaration of
allegiance to another State or given definite evidence of his determination to repudiate his allegiance to
the Contracting State.372
These provisions, however, are allowed only insofar as they are already envisaged by the legislation of the
Contracting State and when the Contracting State specifies the retention of such a right at the time of
signature, ratification or accession (Article 8(3)). The application of these provisions must be subject to the
person concerned having the right to a fair hearing by a court or other independent body (Article 8(4)).
As a result, the third of the aforementioned modes of loss in Lithuania (“when the person is employed
in the service of another State without the authorization of the Government of Lithuania”) is in line with
international standards. Lithuania made a declaration when acceding to the 1961 Convention that,
80
364
See Article 8(1) of the 1961 Convention.
365
Ibid Article 5(1).
366
Ibid Article 6.
367
Article 25(3) of the Law on Citizenship.
368
Ibid, Article 24(2).
369
Ibid, Article 26(1, 2).
370
Electronic correspondence with a specialist of the Citizenship division of the Migration Department, 16 October 2012.
371
Article 8(3a) of the 1961 Convention.
372
Ibid Article 8(3b).
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