Immigration. “Typical case-2”
Cancellation of a residence permit under the Restrictive Measures Act: more than one trip in three months
Typical situation
A foreigner holds a residence permit in Lithuania, works here and raises a family. Because of war and sanctions, the law introduces strict limits on frequent trips to Russia or Belarus.
Within a few months the person makes several short trips:
- to visit seriously ill parents,
- to deal with inheritance and property matters (sale of an apartment, bank safe deposit box),
- to carry out mandatory procedures for a child or family.
Migration Department decision
- The MD mechanically counts that there was more than one trip to a “sanctions” country within three months.
- It cancels the residence permit and often imposes an entry ban and SIS record.
- The purpose and length of the trips are assessed only formally (“no objective reasons provided”).
What we do in such cases
- We collect a full set of evidence for each trip: medical documents, inheritance files, bank safe logs, customs declarations, tickets and travel documents.
- We emphasise that these trips were one-off, necessary and short-term, not regular back-and-forth travel without a serious reason.
- We rely on the principles of proportionality, legitimate expectations, good administration and the best interests of the child, which both MD and the courts must take into account.
- In court we show that the Restrictive Measures Act cannot be applied “blindly”, ignoring the real family situation and the fact that MD itself did not object to the planned trips for a long time.
Results in practice
- In some cases the courts found MD decisions disproportionate and annulled the cancellation of the residence permit and/or the entry ban.
- In several cases we achieved success at interim stages – for example, by obtaining interim measures allowing the client to remain in Lithuania while the case is examined, even if the final outcome is still pending.
- There are also cases where the first-instance court upheld the decision – then we continue in appeal.
If your situation is similar
Success depends heavily on detailed facts – the better documented the reasons and duration of trips, the higher the chances to prove that the sanction was excessive.
