(LVAT ruling of 9 July 2025, administrative case No. eA-2227-525/2025)
Summary:
The Supreme Administrative Court of Lithuania (LVAT) examined a case in which the Migration Department ordered a foreign national to leave Lithuania on the grounds that, following the expiry of the 60-day validity period of a Schengen type C visa, the person had become unlawfully present. However, it was established that while the visa was still valid, the applicant had submitted an application for a national visa, had economic ties with Lithuania (an employment / sports activity contract), and that the Migration Department failed to assess the status of the pending application in its decision.
The LVAT emphasised that the very fact of a timely submission of an application for a national visa is a key element in assessing the lawfulness of stay, and that Article 128 of the Law on the Legal Status of Aliens (criteria for adopting a decision on an obligation to leave / removal from Lithuania) cannot be interpreted in a purely formal manner, so as to deprive Article 128(1) of its practical effect. Before deciding on return or an obligation to leave, the Migration Department was required to assess the individual circumstances of the case and the criteria set out in Article 128(1), rather than mechanically declaring the stay to be “unlawful”.
📌 Practical significance:
This case is particularly important in disputes where the Migration Department formally applies the scheme
“visa expired → unlawful stay → obligation to leave”,
while ignoring that the person had already taken steps to regularise their stay during the validity of the visa (by applying for a national visa or a residence permit). The ruling strengthens the argument that Article 128 must be applied in a real and individualised manner, not declaratively.
🔗 Source:
LVAT case-law review, July 2025, case No. eA-2227-525/2025
https://lvat.lt/doclib/wsbeiwwdace79ds73gzyvt1x3g3fmn66
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