The Migration Department is refusing to extend residence permits for some Ukrainians in Lithuania without valid biometric passports, the Red Cross has warned, saying it is unlawful.
The Migration Department says it reviews each request on a case-by-case basis.
During a meeting of the parliamentary Committee on Human Rights on Wednesday, MP Laurynas Šedvydis, its chairman, said that the Red Cross had informed the committee of an increasing number of Ukrainians under temporary protection who seek legal advice and assistance.
Ukrainians say the Migration Department refuses to consider their applications to obtain or renew temporary residence permits just because they do not have a valid passport.
The Red Cross says the justification is unlawful.
“Under European Union law, countries must issue residence permits to people under temporary protection,” Viktor Ostrovnoj, head of the Asylum and Migration Program at the Lithuanian Red Cross, told the committee.
“National law also states that Schengen requirements do not apply to persons under temporary protection, specifically noting that travel document requirements do not apply to them upon arrival,” he said.
Vladimiras Siniovas, legal officer in Lithuania at the United Nations Refugee Agency, backed his statement. He noted that on January 30, the Regional Administrative Court ruled for the first time on the Migration Department’s refusal to accept an application for a residence permit renewal.
The court ruled that the passport requirement does not apply to individuals under temporary protection, making the Migration Department’s decision unlawful and unfounded.
The Migration Department told the committee that legislation requires a foreign national applying for or renewing a temporary residence permit to submit a digital copy of a valid travel document – unless they cannot provide one for objective reasons.
According to Lucija Voišnis, the department’s deputy director, applications without a valid travel document are examined on a case-by-case basis.
“If vulnerable persons are involved, each case is definitely reviewed individually,” she said.
The Migration Department says it does not have exact statistics on how many Ukrainians without biometric passports have applied for residence permits.
Deputy Interior Minister Alicija Ščerbaitė stressed that Ukrainians under temporary protection are not required to have valid documents.
According to her, the Red Cross provided information citing 31 cases.
The committee backed a proposal for the Interior Ministry to consider updating the residence permit rules to explicitly state that “all Ukrainian nationals granted temporary protection should be issued residence permits for the entire protection period without the requirement to present a valid travel document”.
Struggling to mobilise enough troops for its armed forces, Ukraine stopped issuing passports to men of military age (18–60) abroad last April. The State Migration Service announced earlier this month that it was resuming consular services, but men would need to present military registration documents to receive a passport.
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