Lithuania is bound by the recast Asylum Procedures Directive/Regulation and has transposed its provisions through the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties and related amendments to the act.

Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties and related amendments to the act.

Lithuania has 4 external air border crossing points:

1. Vilnius airport
2. Kaunas airport
3. Palanga airport
4. Zokniai airport

Lithuania has 20 external land border crossing points:

1. Jurbarkas – Sovetsk (river) (temporarily closed)
2. Kybartai – Černyševskoje
3. Kybartai – Nesterov (railway) (embarkation and disembarkation of passengers in the border crossing point not permitted)
4. Nida – Morskoje (temporarily closed)
5. Nida – Rybačyj (river) (temporarily closed)
6. Rambynas – Dubki (temporarily closed)
7. Pagėgiai – Sovetsk (railway)
8. Panemunė – Sovetsk
9. Ramoniškiai – Pograničnyj* (temporarily closed)
10. Rusnė – Sovetsk (river) (temporarily closed)
11. Kena – Gudagojis (railway) (embarkation and disembarkation of passengers in the border crossing point not permitted)
12. Stasylos – Benekainys (railway)
13. Lavoriškės – Kotlovka (temporarily closed)
14. Medininkai – Kamenyj Log (pedestrian and cyclist crossing not permitted)
15. Šalčininkai – Benekainys (pedestrian and cyclist crossing not permitted)
16. Raigardas – Privalka (temporarily closed)
17. Švendubrė – Privalka (river) (temporarily closed)
18. Tverečius – Vidžiai (temporarily closed)
19. Šumskas – Loša (temporarily closed)
20. Vilnius railway station (railway)

Lithuania has 2 external sea border crossing points:

1. Klaipėda State Seaport (Molas, Pilis and Malkų įlanka border crossing points)
2. Būtingė Oil Terminal

Chapter X² of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties provides for the application of measures in the event of declaration of martial law, a state of emergency and declaration of an emergency due to a mass influx of foreigners.

The principle of protection from refoulement is enshrined in Article 130 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties:

1. It is prohibited to expel or return the alien to a state where their life or freedom is in danger or where they may be subjected to persecution on grounds of race, religion, nationality, membership of a certain social group or political opinion or to a state from where they may later be expelled to such a state.
2. A foreigner shall not be expelled from the Republic of Lithuania or returned to the State if there are serious grounds for believing that they will be subjected to torture, cruel, inhuman or degrading treatment or punishment.
3. It should be noted that this provision shall not apply to a foreigner who, for serious reasons, represents a threat to the security of the Republic of Lithuania or who has been convicted by an effective court judgment of a grave crime and constitutes a threat to the community.
4. The foreigner is not expelled from the Republic of Lithuania or returned to a foreign state if they has been granted the cooling-off period in accordance with the procedure established by the Government of the Republic of Lithuania, during which they, as a present or former victim of crimes related to trafficking in human beings, must take a decision on cooperation with a pre-trial investigation body or the court.
5. A foreigner who is not expelled from the Republic of Lithuania or is not returned to a foreign state in the cases specified in paragraphs 1, 2, 4 of this Article shall be issued a temporary residence permit valid for up to one year for the period of validity of which work.

Protection from refoulement at external air borders

Applications for asylum are submitted in accordance with the provisions of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties.

On 2 June 2010, the SBGS, the Regional Office of the Board of the United Nations High Commissioner for Refugees for the Baltic and Nordic States and the Lithuanian Red Cross Society signed a Memorandum of Understanding on mutual cooperation in dealing with issues related to asylum seekers (persons who are assigned to the UNHCR mandate). On the basis of this memorandum, the LRK carries out monitoring during which it assesses how asylum procedures are carried out, what are the conditions for the reception of asylum seekers, whether the conditions and guarantees provided comply with the applicable standards.

Protection from refoulement at external land borders

Applications for asylum are submitted in accordance with the provisions of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties.

On 2 June 2010, the SBGS, the Regional Office of the Board of the United Nations High Commissioner for Refugees for the Baltic and Nordic States and the Lithuanian Red Cross Society signed a Memorandum of Understanding on mutual cooperation in dealing with issues related to asylum seekers (persons who are assigned to the UNHCR mandate). On the basis of this memorandum, the LRK carries out monitoring during which it assesses how asylum procedures are carried out, what are the conditions for the reception of asylum seekers, whether the conditions and guarantees provided comply with the applicable standards.

Protection from refoulement at external sea borders

Applications for asylum are submitted in accordance with the provisions of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties.

On 2 June 2010, the SBGS, the Regional Office of the Board of the United Nations High Commissioner for Refugees for the Baltic and Nordic States and the Lithuanian Red Cross Society signed a Memorandum of Understanding on mutual cooperation in dealing with issues related to asylum seekers (persons who are assigned to the UNHCR mandate). On the basis of this memorandum, the LRK carries out monitoring during which it assesses how asylum procedures are carried out, what are the conditions for the reception of asylum seekers, whether the conditions and guarantees provided comply with the applicable standards.

Protection from refoulement in case of emergency measures related to mass arrivals

In Lithuania, Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties addresses the application of emergency measures in situations such as martial law, a state of emergency, or a mass influx of foreigners. These measures also provide protections related to the principle of non-refoulement. As per Article 140, Asylum applicants, unaccompanied minor foreigners and foreigners who have illegally crossed the state border of the Republic of Lithuania and who are not asylum applicants shall have the right to remain in the territory of the Republic of Lithuania pending a decision concerning their legal status in accordance with this Law or pending the enforcement of a decision on the return or expulsion of a foreigner by the Migration Department or the State Border Guard Service.

As provided by law, asylum applications can be lodged directly at Lithuania's border crossing points, such as air, land, or sea borders. This includes transit zones, where individuals who cross the border irregularly or who are intercepted may apply for asylum.

When an individual expresses the intention to seek asylum, the State Border Guard Service is responsible for informing the individual of their right to apply for asylum in a language they understand. The decision must be issued by the Migration Department within 48 hours from the registration of the asylum application. Applicants who are not allowed to enter the territory were accommodated at border crossing points or transit zones during the timeframe for lodging an appeal.

The making, registering and lodging of an application take place at separate instances, involving a series of steps indicated below.

Responsible authority and place

A foreigner may submit an application for asylum in person:

• to the State Border Guard Service at the border control posts of the Republic of Lithuania or the territory of the Republic of Lithuania where the legal border regime applies;
• in one of the Local branches of the Migration Department, in case the foreigner is already in the territory of the Republic of Lithuania;
• in the Foreigners' Registration Centre (Pabradė, Švenčionys district).
• If an application is submitted to a non-competent authority, the person is referred to the right authority. In practice, a written application is returned to the applicant within two working days, and he is informed of the correct procedure of making/lodging of the application. At the same time the authority that has no authorisation to accept the application for asylum ex officio forwards a copy of the application to the proper authority according to the place of residence of the foreigner in question.

According to Article 71 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, applicants for international protection may request to contact and meet with representatives of the United Nations High Commissioner for Refugees and other organisations providing legal assistance.

Possibility to apply from outside the territory

In the event of state of war declaration, a state of emergency or extreme situation, individuals may apply for asylum also in a foreign country to diplomatic missions or consular offices of the Republic of Lithuania (currently, at the Embassy of the Republic of Lithuania in Belarus). If a person crossed the border illegally, the State Border Guard Service will decide whether to accept the asylum application, taking into account the vulnerability or other individual circumstances. Lithuania is also implementing resettlement programmes based on Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties and Order No 1V-131 On the approval of the procedure for granting and cancellation of asylum in the Republic of Lithuania, 24 February 2016 | Dėl prieglobsčio Lietuvos Respublikoje suteikimo ir panaikinimo tvarkos aprašo

Formal requirements for making an application

According to Article 67 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties does not state any formal requirements for making an application. A foreigner shall lodge an application for asylum in person. An application may be lodged on behalf of minor family members by any adult family member. An application may be lodged on behalf of an unaccompanied minor foreigner or a legally incapable foreigner by their representative.

The Law on the Legal Status of Foreigners does not clearly distinguish between making and lodging an application.

Responsible authority and place

In principle, 3 days after the making of the application, applications are registered by the migration division of the State Border Guard Service in a database called MIGRIS. During this process the authorised civil servant carries out the asylum seeker’s initial interview following the template provided by the MIGRIS system. The initial interview is aimed at collecting basic information such age, nationality but also a brief description on the route to arrive in Lithuania and a short motivation on the reason why they apply for international protection. If necessary or requested by the asylum seeker, an interpreter and an authorised representative (lawyer) may participate in the interview. 

Practical steps to register the application

The initial interview must be conducted in the asylum seeker’s mother tongue or in the language best understood by the asylum seeker. SBGS have a contract with a national company which provides interpretation services during the registration. Interpretation can be in presence or online, depending on the situation. 

During this stage the asylum seeker must provide the civil servant with all available documents (identity documents, travel tickets, other documents related to the grounds of the asylum application, etc.). 

Fingerprints of applicants above 14 years old are also taken and an initial assessment of the vulnerability of the asylum seeker is performed. In principle, a recording of the procedure is done and uploaded in the MIGRIS applicant's file together with the biometrical information and the result of Dublinet. The file is then automatically sent to the Migration Department through the same platform for the next steps of the procedure. 

If the asylum seeker is a minor, the initial action is taken with the participation of at least one of his/her parents (adoptive parents) or another legal representative with whom the minor asylum seeker has arrived in the Republic of Lithuania. If the asylum seeker is an unaccompanied minor, the initial actions must be carried out with the participation of an authorised representative and a representative of the children’s rights protection authority.

Making of an application coincides with lodging of an application (the making of an application concept is not provided in the legislation). An application is considered officially lodged from the moment of its registration in the database. So there is no time lapse between making/lodging of an application and registering it in a database. 

In principle, in case the applicants need legal assistance to prepare for initial interview, such assistance is provided, free of charge (all costs are covered by Migration Department). Red Cross provides legal assistance in the reception centres following an agreement with the ministry of the Interiors. 

Data collection

MIGRIS is the national asylum and migration information system in Lithuania. Used to collect and manage asylum-related data, including personal details, biometric information (fingerprints, photographs), and travel-related data.

The Eurodac Regulation (604/2013), Article 9 obliges Member States to promptly take fingerprints of all fingers of every applicant for international protection who is at least 14 years of age. The new Eurodac Regulation (2024/1358), Article 15 obliges Member States to take the biometric data of every applicant for international protection who is at least 6 years of age.

Documentation

According to Article 78 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, the Migration Department shall issue a foreigner’s certificate to an applicant for international protection no later than within three days from the lodging of an application for international protection. The certificate confirms that the holder is an asylum seeker who is entitled to stay in the territory of the Republic of Lithuania and who is entitled to material reception conditions.

Responsible authority and place

According to Article 67 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, a foreigner’s application for asylum may be lodged:

1) with the State Border Guard Service – at border crossing points of the Republic of Lithuania or in the territory of the Republic of Lithuania wherein the border legal regime is valid.

2) with the State Border Guard Service or the Migration Department – in the territory of the Republic of Lithuania, except in the case referred to in point 1 of this paragraph.

According to Article 5 (3) of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties , following the Initial Interview conducted during the registration of the application for asylum and within 48 hours, the Migration Department decide on the admissibility of the application (and consequential admission of the applicants to the Lithuanian territory) and the type of procedure the foreigner's application should follow. Extension is possible for 3 working days only in case there is a ground to believe that application should not be examined and there is a need to conduct additional actions (e.g. interview). In case of resettlement or relocation, decision regarding applicable procedure has to be issued within 24 hours.

Formal requirements to lodge an application for international protection

According to Article 67 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, a foreigner shall lodge an application for asylum in person. An application may be lodged on behalf of minor family members by any adult family member. An application may be lodged on behalf of an unaccompanied minor foreigner or a legally incapable foreigner by their representative.

When lodging an application, all the information necessary to support an application must be submitted as early as possible.

The Migration Department decide on the admissibility of the application (and consequential admission of the applicants to the Lithuanian territory) and the type of procedure the foreigner's application should follow: 

• The application should be examined in substance (regular or accelerated procedure)
• Another MS is responsible for examining the application (Dublin procedure)
• To take a decision not to examine the application (Inadmissibility)

Documentation

According to Article 78 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, the Migration Department shall issue a foreigner’s certificate to an applicant for international protection no later than within three days from the lodging of an application for international protection. The certificate confirms that the holder is an asylum seeker who is entitled to stay in the territory of the Republic of Lithuania and who is entitled to material reception conditions.

The foreigner’s registration certificate is issued instead of the personal documents held by the asylum seeker, which are collected and stored in their personal file.

Information provision

According to Article 71(1)(2), an applicant for international protection has the right to be provided, free of charge, in a language they understand with information about their rights and obligations and consequences of failure to comply with them pending the examination of an application for international protection, as well as with information relating to the examination of the application.

Requirement to submit original documents

According to Article 71 (4)(4) of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, an asylum applicant has the obligation to provide all the available documents for applying for international protection. Following the receipt of an application for asylum, the competent authority collects all the documents and travel tickets held by the asylum applicant. The identity documents of the asylum seeker shall remain in their personal file for as long as their application for asylum is being processed. Furthermore, it is possible for an applicant to request their ID document to be temporally returned to an applicant in duration of 5 working days. They must ground their request and explain why they need a document (e.g. money transfer). An applicant must return to relevant authority ID document within 5 working days.

Consequence of a refusal to surrender documents

According to Article 71(1)(2) of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, an applicant for international protection has the right to be provided, free of charge, in a language they understand with information about their rights and obligations and consequences of failure to comply with them pending the examination of an application for international protection, as well as with information relating to the examination of the application.

Article 71 (4)(2) of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties provides the obligation of an asylum applicant to surrender all the available documents. A lack of cooperation could result in a rejection of the application or a negative decision,

Return of original documents to the applicant

Following the receipt of an application for asylum, the competent authority collects all the documents and travel tickets held by the asylum applicant. The identity documents of the asylum seeker shall remain in their personal file for as long as their application for asylum is being processed. Furthermore, it is possible for an applicant to request their ID document to be temporally returned to an applicant in duration of 5 working days. They must ground their request and explain why they need a document (e.g. money transfer). An applicant must return to relevant authority ID document within 5 working days.

Digital copies of all the documents shall be made and attached to the asylum seeker's electronic file created in the Lithuanian Migration Information System. The originals of the submitted documents are stored at the Migration Department under the Ministry of the Interior of the Republic of Lithuania. Originals of documents not proving the identity of the asylum seeker submitted by the asylum seeker and stored at the Migration Department shall be returned to the asylum seeker when the storage of the original of such document at the Migration Department is not necessary for the procedures established in the order to be carried out.

According to point 25.1. of Order No 1V-131 On the approval of the procedure for granting and cancellation of asylum in the Republic of Lithuania, 24 February 2016 | Dėl prieglobsčio Lietuvos Respublikoje suteikimo ir panaikinimo tvarkos aprašo, A civil servant authorised by the institution accepting the asylum application shall, with due respect for human dignity, carry out an inspection of the asylum seeker's person and belongings.

National law does not have provisions that specify the search of digital devices.

Article 68 of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties provides that information related to the lodging and examination of an asylum application is treated with a high level of confidential and may be classified in accordance with the Lithuanian Law on State Secrets and Official Secrets. Information provided by the applicant, as well as information gathered during the examination process, will not be shared with the applicant’s country of origin. The law also provides in cases when searching for the family members of unaccompanied minors, the collection and processing of information are also confidential.

According to Article 71(1)(2), an applicant for international protection has the right to be provided, free of charge, in a language they understand with information about their rights and obligations and consequences of failure to comply with them pending the examination of an application for international protection, as well as with information relating to the examination of the application.

When providing information on the possibility to apply for international protection, authorities are obliged to inform an asylum applicant about the purpose of an initial interview, the principle of non-disclosure of information, as well as the rights and duties of asylum applicants and the consequences of non-compliance with these duties was stipulated.

Leaflets in different languages with information on asylum are available are at border crossing points.

The first step of the registration procedure is to hand over a document with all the relevant procedural information and the right and duties of the asylum applicant. the form, automatically provided by MIGRIS can be printed in different language depending on the nationality. 

Brochures for each procedure are distributed to asylum seekers in English, Arabic, Armenian, Dari, Farsi, Hindi, Pashto, Tajik, Georgian, Spanish, Lithuanian, French, Russian and Vietnamese languages. Information and leaflets are available online at the official website of the Migration Department. Leaflets by The Red Cross Society are also available. Information in detention facilities is provided on specific indications (the inmate expresses their wish to apply for asylum).

Links to information provided in the national context:

Hyperlink to Information Provision thematic page

According to article 71(1)(6) of Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, an asylum applicant has the right to free interpretation services in so far as it is related to the examination of the application for asylum.

Requests for interpretation services to the Agency are submitted by:

• The State Border Guard Service;
• The Migration Department;
• Staff of the Reception and Integration Agency.

Special request forms are completed. Designated Agency staff oversee the implementation of the requests by:

• Communicating with the institutions that submitted the requests and with Reception and Integration Agency staff;
• Coordinating with service providers by forwarding the request, ensuring timely service delivery, and providing relevant details such as the client’s information, service date, and time.

The Agency is implementing a project through which it can ensure interpretation and translation services for all institutions and bodies involved in the integration process of foreigners (e.g., municipalities, educational and healthcare institutions, social service providers, etc.).

Interpreters may participate either in person or remotely.

According to article 71(1)(4) of Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties, an asylum applicant has the right to have access to state-guaranteed legal aid in accordance with the procedure established by the Minister of the Interior to the extent this is related to the examination of the application for asylum.

A detained asylum seeker is immediately informed in writing about the grounds for detention, the procedure for appealing the decision and the possibility of obtaining free legal aid in a language he or she understands (Article 114(3) of the Law Nr. IX-2206 on the Legal Status of Foreigners, 29 April 2004 | Lietuvos Respublikos įstatymas dėl užsieniečių teisinės padėties).

The Migration Department has information on their website on legal assistance and representation.

UNHCR Lithuania has information on their website on legal assistance and representation.

Legal Services provided by the Reception and Integration Agency

If a person requires legal assistance, legal services are organised in accordance with the following procedure:

• Submission of Requests:

Requests for legal services may be submitted by:

• The State Border Guard Service;
• The Migration Department;
• Employees of the Reception and Integration Agency.

Requests can be submitted through the following channels:

By email: teisines.paslaugos@piia.lt ;

In urgent cases outside working hours, by phone: +37067941315.

• Deadlines for Submission of Requests:

Requests must be submitted no later than 12 hours before the planned provision of the service. A separate procedure applies to urgent requests submitted less than 12 hours in advance.

• Registration and Transmission of Requests:

Requests are received and registered by the designated Agency employee, according to the prescribed form. Before submitting a request, the foreigner’s status and place of residence (specifically, whether they reside within the Reception and Integration Agency’s facilities) are verified.

• Implementation and Coordination of Requests:

The responsible employee communicates directly with the institution submitting the request and liaises with the service provider, transmitting the request, coordinating the time and date of service, and providing the client’s relevant data.

By Order No. A1-939 of 27 December 2024, the Procedure for the Provision of State-Guaranteed Legal Aid to Foreigners was approved. Under point 6 of the Procedure, the Reception and Integration Agency coordinates the provision of state-guaranteed legal aid to foreigners. Point 6.1 stipulates that the Agency identifies the legal aid needs of the foreigner or their legal representative, determines the type of legal aid to be provided, and ensures effective delivery of such aid, including avoiding duplication.

The application or any accompanying information must specify the type of legal aid requested, the foreigner’s personal data (name, surname, date of birth), address of residence, foreigner’s code (ILTU code), and contact details (telephone number and email) of the foreigner or their legal representative.

To ensure effective provision of legal aid, the lawyer or designated staff member at the Reception and Integration Agency informs the foreigner, in a language they understand (with an interpreter arranged if necessary), about their right to receive free legal aid. During this consultation, it is clarified whether the person already has legal representation, whether a legal representation agreement exists, and whether the person has the financial means to pay for legal services.

If it is determined that the person requires legal assistance, lacks private legal representation, and is eligible for free legal aid under the Procedure, the responsible Agency staff member (legal officer or coordinator) initiates a request for legal services. This request is submitted through established internal channels, including the purpose of the request, client details, and the preferred date and time for the service. Prior to submission, the foreigner’s legal status and place of residence (whether they reside within the Reception and Integration Agency) are verified.