Dual-Citizenship Retention (Article 7 exceptions)

LT-DUL-01 documents the dual-citizenship retention framework under Article 7 of the Law on Citizenship No. XI-1196 (consolidated edition in force 2024-01-01). Article 7 is a CLOSED, exhaustive list of eleven points under which a Lithuanian citizen may simultaneously hold another state's citizenship, against the Constitution Art 12(2) single-nationality default. This route does not involve a 'grant' process; Art 7 status attaches by operation of law and is verified administratively at trigger events — principally when an existing Lithuanian citizen acquires a foreign citizenship (Art 26 notification track) or when a reinstatement/restoration applicant seeks to keep a foreign citizenship. The route is designated signature and tier T1, reflecting its centrality to Lithuanian dual-citizenship doctrine. The English render of the consolidated law (TAIS.395555) lags the Lithuanian operative text at Art 7 (showing nine points; the LT text has eleven) and at Art 26(1) (carve-out wording differs); where they diverge, the LT consolidated text governs. As of 2026-05-31.

A person not falling within any Art 7 point cannot retain dual citizenship: voluntary acquisition of a foreign citizenship causes loss under Art 26(1) from the date of acquisition. Key disqualifying circumstances: (1) The Art 2(3) USSR carve-out — voluntary departure to former-Soviet-Union territory after 15 June 1940 disqualifies the Art 7(3) flight key for the person and descendants. (2) Post-1990 voluntary emigrants — a person who emigrated from Lithuania after 11 March 1990 and naturalised abroad generally cannot retain dual citizenship; only narrow Art 7 limbs (pt 4 descent from a pre-1990 exile/fled ancestor, pt 5 marriage, pt 11 under-18) could apply (migration.lt T1). (3) Constitutional ceiling — the Seimas cannot by ordinary statute broaden Art 7 into a general post-1990-emigrant / EU/NATO-acquirer dual rule; that requires amending Const Art 12 by referendum (Art 148); both 2019 and 2024 referenda FAILED; post-2024 expansion bills were assessed unconstitutional by the Seimas Legal Department (2024-05-28) and not enacted. (4) No current '21-years rule' — the former Art 24(8) is REPEALED (neteko galios 2018-10-31, XIII-1538); the EN render's residual '...has not reached 21 years of age' on Art 7(1) is stale and not operative. As of 2026-05-31.

For the descent dual key (Art 7(2)/(3)/(4)): (1) GATE 1 — person or traced ancestor held Lithuanian citizenship at any time before 15 June 1940 (Art 2(11)); (2) GATE 2 — that person or ancestor was exiled (Art 2(2)) or fled/departed (Art 2(3), excluding post-1940 voluntary departures to former-Soviet-Union territory) before 11 March 1990, with permanent residence outside Lithuania on 11 March 1990; (3) if claiming as descendant: documentable kinship chain through each generation to the pre-1940 holder (Art 2(7) — child/grandchild/great-grandchild). For the Art 26 post-acquisition track: (4) written notification to the Migration Department via MIGRIS within 2 months of acquiring the foreign citizenship (Art 26(2)); (5) if dual entitlement is not on Migration Department record: submission of proof of an Art 7 ground within 3 months of notifying (extendable by up to 2 further months on reasoned request, per the 2023 administrative procedure; Fragomen 2023). For all tracks the constitutional outer boundary applies: the KT line (KT 2006-11-13 byla Nr. 45/03-36/04; KT 2017-10-20 No. KT14-S7/2017) confines dual citizenship to 'very rare/exceptional' individual cases; both 2019 and 2024 referenda to broaden Art 12 failed. No oath of allegiance attaches to Art 7 retention itself (Art 23 oath applies to grants, not to retention). As of 2026-05-31.

For the descent dual key verification (via reinstatement corridor): (1) Proof the person or a traced ancestor held Lithuanian citizenship before 15 June 1940 — pre-1940 internal/travel passport; foreign passport issued after 15 June 1940 by a Lithuanian diplomatic mission; military/civil-service records referencing citizenship; period birth certificate referencing citizenship; personal certificates. (2) Proof of exile (Art 7(2)) or flight/departure (Art 7(3)) before 11 March 1990 with permanent residence outside Lithuania on 11 March 1990 — deportation registers/certificates (LGGRTC/LYA archives); DP-camp records (ITS/Arolsen CM/1); emigration/residence records establishing pre-1990 permanent residence abroad. (3) Documented kinship chain through each generation to the pre-1940 holder, with attention to name transliteration (Lithuanian/Hebrew-Yiddish/Cyrillic). (4) Foreign-citizenship documents (to establish the second nationality at issue). For the Art 26 post-acquisition notification track: (5) Written notice of acquisition of the foreign citizenship, filed via MIGRIS within 2 months (Art 26(2)); originals delivered to a Migration Department territorial unit or a diplomatic/consular post. (6) Where the Migration Department lacks information on dual-citizenship entitlement: evidence proving the right to dual citizenship within 3 months (extendable by up to 2 further months). Applications/notices in Lithuanian or English; enclosed documents in Lithuanian or certified translation; physical originals to a Migration Department unit within 4 months of MIGRIS submission; overseas applicants file via diplomatic missions/consular posts (Art 37(2)). Document burden tier: HIGH for the descent key. As of 2026-05-31.

Art 7 retention is a STATUS verified at trigger events, not a stand-alone application with its own grant decree. Two main trigger scenarios: (a) REINSTATEMENT (Art 9) or RESTORATION (Art 21) where the applicant seeks to keep the foreign citizenship — the deciding authority verifies an Art 7(2)/(3)/(4) (or Art 7(1)) ground; if none, the applicant must renounce (Art 9(2)/Art 21(4)); and (b) VOLUNTARY ACQUISITION of a foreign citizenship by an existing Lithuanian citizen — Art 26(2) 2-month written notification to the Migration Department via MIGRIS; the Department examines whether an Art 7 carve-out point applies. Indicative steps for trigger (b): (1) Acquire foreign citizenship; (2) Within 2 months, file written notification via MIGRIS (Art 26(2)); (3) Submit originals to a Migration Department unit / consular post; (4) If entitlement to dual citizenship is not on record, submit evidence of an Art 7 ground — administrative practice: within 3 months, extendable by up to 2 months; (5) Migration Department examines and transfers to the Minister within 3 months of submission; the loss/retention decision is published online. The Art 7 status attaches by operation of law and is verified, not 'granted'. The Migration Department is the primary verification authority (Art 29; Government-authorised institution); the Minister of the Interior decides ordinary loss-on-acquisition (Art 32(3)). Disputes heard by the Vilnius Regional Administrative Court (Art 29 pt 5, added XIV-1602, in force 2024-01-01). No oath of allegiance attaches to Art 7 retention itself. As of 2026-05-31.

Art 26(2) statutory notification deadline: 2 months from the date of acquisition of the foreign citizenship. Migration Department examination and transfer to the Minister: within 3 months of submission of the acquisition documents (administrative; migration.lt T1). Where dual entitlement is not on record: 3 months to submit evidence, extendable by up to a further 2 months on reasoned request (2023 Migration Department procedure; Fragomen 2023). Recovery corridor timeline (where dual is sought via reinstatement Art 9/38): Migration Department up to approximately 5 months + Minister decides within 1 month — approximately 6 months total. Fee: No discrete 'Article 7 grant' fee exists — Art 7 retention is a status, not a granted route. Where dual status is verified via a recovery institute (reinstatement/restoration), the grant-route state fee applies: a flat EUR 120.00 (valstybės rinkliava) for every grant route including reinstatement and restoration, confirmed against the official Migration Department fee table 'New Fees as of 28 July 2023' (T1; Vyriausybės nutarimas Nr. 597/2023, in force 2023-07-28). Non-grant lines: renunciation EUR 60; preservation EUR 90; certificate of right to reinstate EUR 50. The Art 26(2) notification is a statutory duty, not a fee-bearing grant. All figures as of 2026-05-31; re-verify before reliance.