Immigration. “Typical case-3”
Income, employment, “fictitious” companies and formal non-compliance
Typical situation
A residence permit was obtained through employment or business in Lithuania. Over time:
- the employer changes,
- salaries are delayed,
- the company works through subcontracting or operates in several countries,
- for some period the person has no official income but is in fact working or actively looking for work.
MD evaluates the situation formally: declared income is insufficient, the company is labelled “fictitious”, the activity is said to “not reflect reality”.
Migration Department decision
- MD refuses to issue or renew the residence permit,
- cancels an existing LLG/LNG,
- in some cases imposes an entry ban and creates a SIS record (“provided false data”).
What we do in such cases
- We demonstrate the real substance of the work or business: contracts, invoices, photos from worksites, client statements, work schedules, payment records.
- We explain the business model (subcontracting, remote work, seasonal activity) so that it is not automatically treated as fictitious just because it does not fit a “standard pattern”.
- We challenge disproportionate sanctions: even if MD had grounds to question certain aspects, a multi-year entry ban for formal errors is often excessive.
- We rely on LVAT case-law which stresses that migration authorities must assess the factual situation, not only the form of documents.
Results in practice
- In some cases courts annulled MD decisions and recognised that the company carried out real activity and formal inconsistencies were remedied.
- In many cases we succeeded in removing the entry ban and SIS record, keeping the door open for the client to regularise status in the future.
- There are also cases where courts supported MD – for example, when a person had no declared income for a long period and did nothing to obtain a new legal ground for residence.
If your situation is similar
The key is to quickly gather everything that shows real work or business and to avoid long “silent periods” with no income and no official documentation.
