1 REPORT FOR LITHUANIA AUDRA SIPAVIČIENĖ RECENT DEVELOPMENTS IN INTERNATIONAL MIGRATION AND MIGRATION POLICY IN LITHUANIA, 2014 OECD Expert meeting, Paris, October 12-14, 2015 Vilnius, 2015 2 Content International Migration in Lithuania: Trends and Policy 1. Major developments in Migration and Integration Policy 1.1. Foundation of the Parliamentary Migration Commission 1.2. Immigration Policy 1.3. Family Reunification 1.4. Students and Researchers 1.5. Integration 1.6. Visas and Consular issues 1.7. Irregular Migration 1.8. Return of Irregular Migrants 1.9. Asylum 1.10. Unaccompanied minors 1.11. Human Trafficking 2. International Migration: Trends and Statistics 2.1. Emigration 2.1.1. Trends in Emigration 2.1.2. Migration Destination 2.1.3. Composition of Emigration flows 2.1.4. Emigration Determinants 2.1.5. Social and demographic consequences 2.1.6. Remittances 2.2. Immigration to Lithuania 2.2.1. Immigration Trends 2.2.2. Countries of Origin 2.2.3. Composition of Immigration flows 2.2.4. Reasons of immigration of foreign nationals 2.2.5. Foreign Residents in Lithuania 2.2.6. Citizenship and Naturalization 2.3. Irregular Migration 2.3.1. Scope and trends of irregular migration 2.3.2. Refused admission 2.3.3. Irregular stay and residence 2.3.4. Detention of irregular migrants 2.3.5. Smuggling and organized illegal border crossing 2.3.6. Removal of irregular migrants 2.4. Refugees and asylum seekers 2.4.1. General trends 2.4.2. Type of protection 2.4.3. Nationalities 2.4.4. Demographic characteristics of asylum seekers 2.4.5. Unaccompanied minors 2.4.6. Implementation of Dublin II regulation provisions 2.4.7. Integration 2.4.8. Court Proceedings 2.4.9. Returns 2.5. Economic (labour) migration 2.5.1. Labour Market situation 2.5.2. Entry of TNC workers with work contracts 2.5.3. Entry and stay for the purpose of highly qualified employment 2.5.4. Entry of aliens for the purpose of engaging in lawful activity 3 1. Major Developments in Migration and Integration Policy in Lithuania Migration remains a topical issue in Lithuania. In addition to emigration and return migration in 2015 new challenges had emerged, namely, relocation and resettlement of persons in clear need of international protection. 1.1 Foundation of the Parliamentary Migration Commission On 14th April 2015, the Seimas of the Republic of Lithuania voted for amendments to the Seimas Statute, establishing a Migration Commission. The purpose of the newly founded Commission is to analyse and deal with various issues resulting from migration processes. As per the Seimas Statute article 80, the aims of the Commission are such: Analyse and provide recommendations for the management of migration processes. Discuss and prepare draft bills in the area of its competence. Debate and provide the Seimas with assessments regarding the effect of migration on social and economic development. Administer regulatory monitoring of the areas in their competence. Analyse practice of other states regarding the reduction of migration flows. Review information provided by relevant state insitutions and public organisations regarding the enforcement of legislation in the area of their competence, provide the Seimas with relevant resulting proposals and recommendations. Maintain close ties with the World Lithuanians Community and other organisations of Lithuanians abroad. 1.2 Immigration Relocation and EU-resettlement Following the emergency situation in the Mediterranean, the European Commission in May 2015, proposed a temporary distribution scheme for persons in clear need of international protection. On 27th May 2015, the Commission suggested that the Republic of Lithuania should accept a total of 710 persons from Greece and Italy. It was announced on 20th July 2015, that Lithuani will also resettlte 325 persons from third countries. On 21 September, a special governmental commissions was established to coordinate the process of admmiting persons in clear need of international protection. Lithuania supports the sharing of responsibility between MS. However, Lithuania emphasized that this mechanism should only be viewed as temporary and exceptional and does not become authomatic. Entry for the purpose of engaging in legal activity Amendments to the Law of the Legal Status of Aliens that entered into force 1st November 2014 set higher requirements for aliens wishing to come to Lithuania in order to engage in legal activity. Previous conditions for issuing temporary work permits (when establishing and managing an enterprise was sufficient ground to apply for a temporary residence permit) created a precedent for establishing bogus companies for the sole purpose of gaining permission to live in Lithuania. The new requirements allow the issue of a temporary residence permit if: The enterprise has been engaging in legal activity for at least 6 months prior to the alien’s application for temporary residence. The company employs at least 3 residents of the Republic of Lithuania. 4 The presence of the alien is indispensable for the opperation of the enterprise (i.e., the alien is a manager or a member of a collegiate management or supervisory body; has the right to enter into contract on behalf of the enterprise; is a shareholder of the enterprise, having ownership of shares the par value of which is no less than a third of the enterprise authorised capital). The equity capital value (or its assets) amounts to not less than EUR 28 000, of which not less than EUR 14 000 are funds or other assets invested by the alien. A new category for enterpreneurs was introduced in 2014. If the alien invested no less than 260.000 Euros to the equity of the enterprise and the enterprise employs at least 5 residents of the Republic of Lithuania, he/she can be issued a temporary residence permit for a period of 3 years. The alien can then immediately bring his/her family into the country as well – temporary residence applications for members of the family will be processed within a reduced period of 2 months (compared to 4 months in other cases). Additionally, in oder to prevent abuse of this immigration channel, the definition for “bogus company” has been set, establishing a criteria for finding out whether an enterprise has been established solely for the purpose of temporary residence. In cases where the findings suggest fictitious activity or no activity, temporary residence permits are revoked. Entry for the purposes of highly qualified employment/blue card In order for an alien to be issued a temporary residence permit (Blue card), certain set qualification requirements have to be met: an alien must possess a higher education dimploma and he/she must be payed a salary no less than twice the national average wage. Foreign entrepreneurs criticised the requirement that high qualification can only be proved with a diploma. The government is considering to prepare amendments allowing to prove higher qualification not only by diplomas but also by relevant experience. As of 1st November 2014, the labour market test is not administered for aliens who are to be paid a salary no less than three times the national average wage, or if the alien’s Blue Card is being renewed after having been working in Lithuania for at least 2 years. Entry of aliens for the purposes of work Certain measures facilitating the employment of aliens have been introduced. Since 1st November 2014, employers no longer need to inform the Lithuania labour exchange in advance if they plan to employ 5 or more aliens in their enterprise. The time period between for processing the application at the Lithuanian labour exchange was shortened from 21 to 14 calendar days. At the same time, the validity period of work permits and temporary residence permits has been unified – both are valid for up to two years, or for the duration of alien’s employment. Previously temporary residence permits had to be renewed every year. For those aliens who intend to both work and live in Lithuania, both permits have also been merged into a single permit. From 1st March 2015 onwards, the application for temporary residence can also be submitted by a concerned employer, as well as the alien. 1.3 Family Reunification In 2015 family reunification was facilitated and aliens can bring their family members to Lithuania immediately if: The alien is arriving for the purpose of teaching in an institution of science and education registered in the Republic of Lithuania. 5 The alien is arriving on the ground of engaging in legal activities, having invested no less than 260 thousand Euros in the capital of the business and establishing at least five jobs. An internal relocation of an international company causes a foreigner to come to Lithuania for a period of no more than 3 years to work as a manager or specialist in a representation, branch or a subsidiary established in the Republic of Lithuania. This ground can only be applied if the foreigner had previously worked in the company for at least a year, has particularly high qualifications necessary for the operation of the company and will be paid a salary no less than twice the national average wage. As of 1st March 2015, the clause requiring a foreigner to having been living in Lithuania for at least two years before allowing him/her to bring in his/her family can be disregarded, provided that the foreigner is in receipt of subsidiary protection in the Republic of Lithuania. 1.4 Students and Researchers As of 1st November 2014, foreign students no longer require a work permit for internships or work in scientific research or experimental development. At the same time the procedure of receiving a work permit for students was simplified. In order to retain foreign students amendments were passed which allow foreign students who have finished their education in Lithuania to remain in the country for up to 6 months after finishing their studies in order to seek employment. 2014 witnessed the increase in funding for foreign graduate students. 27 foreign students were granted funding for masters degree programmes (students from Ukraine, Belarus, Georgia, Moldova, Armenia, Azerbaijan, Kazakhstan, Uzbekistan and China). In 2013, only 13 foreign students were granted funding. Funding was also distributed to foreign students of Lithuanian ancestry. A total of 313 students of Lithuanian ancestry were funded over the two semesters of the 2014-2015 school year. Additional funds were provided for the integration and adaptation of such students. More favourable arrival conditions were set for lecturers. Since last year, temporary residence permits for lecturers are being issued under the same conditions as permits for researchers: lecturers are allowed to bring their families into Lithuania and their residence permits are now valid for a period of two years. 1.5 Integration The Ministry of Social Security and Labour has been tasked with coordinating the integration policy of foreigners, while the application of particular policies fell to a special Commission of the Government of the Republic of Lithuania. On 31st December 2014, The Ministry of Social Security and Labour approved an action plan for the development of integration policy 2015-2017. The plan sets three main goals: to integrate foreigners into Lithuanian society; to increase tolerance of foreigners in Lithuanian society; to improve cooperation between various institutions dealing with immigration. Majority of funding to reach the goals set will come from the Asylum, Migration and Integration Fund. 1.6 Visas and consular services The Ministry of Foreign affairs continued to expand its cooperation with external service providers of consular services (VFS Global) in 2014. Agreements regarding the establishment of new visa 6 centres run by the company were signed - new centres will open in Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, China and Turkey. Similarly, the development of the Visa Information System (VIS), which assists in gathering the personal information, facial image and biometric data of Schengen visa seekers continued to expand. The system was installed in Lithuanian embassies in the USA, Canada, Turkey as well as general consulates in New York, Chicago and Sao Paulo The Republic of Lithuania pursued several bilateral agreements regarding visa in 2014. An agreement for abolition of visas for diplomatic passport holders has been reached with the Republic of India (entered into force 30th July 2014) and the Hashemite Kingdom of Jordan (entered into force 26th February 2015). Also, the Ministry of Foreign affairs of the Republic of Lithuania agreed with the Federal Department of Foreign Affairs of the Swiss Confederation on the matter of representation in issuing Schengen visas in Chicago, USA, on behalf of Switzerland (1st September 2014). Lastly, as of 24th October 2014, due to Finland having opened a visa centre in Kaliningrad, Lithuanian Consulate does not issue Schengen visas on behalf of Finland any more. 1.7 Irregular migration On 1st November 2014, amendments to the Law of the Legal Status of Aliens and the Code of Administrative Offences came into force. The amendments seek to minimise the possibility of abusing the system of residence permits. The measures adopted include: The necessity for a foreigner seeking a temporary residence permit to have an appropriate acommodation in accordance with construction, hygiene, fire safety and personal living space (7m2) norms. The definition of a ficticious company was set, and the concept established as a ground for revoking residence permits. A permit can be revoked this way if proven that an alien founded a company in Lithuania without the intention of engaging in legal activity in the Republic. The fine for provision of false information in invitations for foreigners to come to the Republic of Lithuania and for assisting a foreigner to illegally obtain a document certifying the right to reside in the Repubic was raised. A fine for educational institutions and employers has been set, for cases where they have failed to inform about a foreigner who has terminated studies of labor relations. As a measure to reduce irregular migration, a bilateral agreement between the Government of the Republic of Lithuania and the Government of the Republic of Georgia was ratified 23rd December 2014. The agreement bridges joint participation in dealings with illegal migration and human trafficking. 1.8 Return of irregular migrants On 9th December 2014, amendments to the Law of the legal status of aliens introduced supplementary measures to regulate the return. The newly introduced measures defined criteria for determining the risk of an alien’s absconding in order to avoid return and provided for a measure to detained aliens if there is suspicious that they may abscond and avoid return. More flexibility was also introduced in determining time period granted for voluntary departure: the period can be shortened or repealed if suspicions arise regarding the likelihood of a foreigner to abscond; at the same time the possibility of increasing the period of time set for the voluntary departure was introduced if an alien has family relations with Lithuanian residents, has children attending school, needs medical attention or cannot be returned for objective reasons. 7 The Ministry of the Interior, together with international and non-governmental organisations, were tasked with monitoring the process of expulsion from the Republic of Lithuania. A bilateral agreement regarding the readmission of illegal residents between the Government of the Republic of Lithuania and the Government of the Republic of Georgia came into force 1 st November 2014. Establishment of similar agreements with Armenia, Serbia, Macedonia is currently undergoing negotiations. In 2014 the International Organization for Migration Vilnius Office assisted the voluntary return of 66 third-country nationals to their country of origin. 1.9 Asylum On 9 December, 2014, Lithuania passed new legislation aiming at reducing the potential for abuse of the asylum system. The amendments stipulate that an asylum seeker may be detained in the following circumstances: If there is a risk of absconding to avoid return or expulsion; To establish and/or verify his/her identity; To identify the grounds underlined in the application for asylum (if the information could not be obtained without detaining the asylum applicant); When an asylum applications based on grounds manifestly unrelated to the risk of persecution in the country of origin or based on fraud. The amendments also extended time of the validity of a temporary residence permit for for two years for foreigners granted subsidiary protection. In 2014 the Ministry of the Interior commissioned a study on implementation of relocation and resettlement schemes in Lithuania. The study was presented in May, 2015. 1.10 Unaccompanied minors and other vulnerable persons In 2014, Lithuania adopted age assessment procedures, accommodation and other procedural actions applicable to non-asylum seeking children in order to harmonise different practices in relation to this group of foreigners. A roundtable discussion on age assessment procedures was also organised. Amendments to the law on the legal status of aliens that were adopted 9th December 2014 set the definition of vulnerable persons and provided a non-finite classification of such persons. The amendments additionally include mentally disturbed individuals and victims of human trafficking. 1.11 Human Trafficking In July 2015, the Attorney General of the Republic of Lithuania in cooperation with IOs and NGOs standardized the police protocol for identifying and referring victims of human trafficking. 8 2. International Migration: Trends and Statistics 2.1. Emigration 2.1.1. Trends in Emigration According to the data from Lithuanian Department of Statistics (recalculated based on 2011 census), during the past 24 years (1990-2014) 824.9 thousand people emigrated from Lithuania (chart 1.1., table 1.1.), of which 36.621 left the country last year. Emigration is in a steady fall since 20101, numbers are approaching the level of the nineties, yet remain higher even than the peak of the decade in 1992. Importantly, the emigration numbers before 2011 include both declared and undeclared migrants, while since 2011 statistics on non-registered emigration have not been gathered (surveyed) any more. This could mean that, since 2011, the rates have not reflected the full extent of emigration, and should be higher if undocumented migrants were included. The rate of the fall had been continually decreasing since 2010 (from 35.2% between 2010 and 2011 to 23.7% the next year and 5.6% between 2012-2013), until last year, when it settled at 5.7%. It is difficult to predict whether this could mean we are on the brink of a pronounced decrease in emigration – even if so, the Lithuanian demographics have already been affected so profoundly that without increased immigration and return migration, the demographic situation could hardly be restored. However, immigration remains low, and has only symbolic, though increasing compensatory effect. More likely than not, emigration and its effects will persist to be a significant issue in the foreseeable future. Chart 1.1. International migration in Lithuania (1990-2014) 90.000 80.000 Migrants, thousands 70.000 60.000 50.000 40.000 30.000 20.000 10.000 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 0 Immigration Emigration Source: Data of the Lithuanian Department of Statistics 1 Notably, emigration statistics of 2010 should be seen as distorted to a significant extent. In 2009, an amendment of the Compulsory Health Insurance Law came into effect, requiring all emigrants to officially register their leave in order to avoid insurance payments. As a result, 2010 witnessed the registration of many more emigrants than any other year during the observed period. 9 2.1.2 Migration destinations Destinations As the rate of emigration continues to diminish, so does, in terms of absolute numbers, the flow to particular countries (table 1.2). The leaders, however, remain the same – UK (45.8%) and Ireland (8.4%), although both Germany and (8.0%) Norway (7.2%) are almost on par with Ireland. Interestingly, Germany maintains a stable position as a host country, and has actually increased its percentage share of incomers from last year (7.7% to 8.0%), while the share has remained almost stable in Ireland (8.5% to 8.4%) and decreased in Norway (7.7% to 7.2%). This is despite the fact that, compared to Ireland and Norway, Germany has the lowest average wage after purchasing power adjustments (chart 1.5.). The increase in popularity of Germany could be due to the fact its labour market was only opened in 2011. While the emigration flow to the most popular Western hosts is decreasing, a rise in popularity of destinations among Lithuania’s eastern neighbours is observed. Compared to last year, a larger share of people leave for the Russian Federation (2.9% to 3.5%), Belarus (2.5% to 2.8%) and Ukraine (1.7% to 2.0%). Although the significance of the three countries in the emigration outflow structure remains far from its peak in 2009 (a total of 19.2% compared to 8.0%), an increase from last year can be noted (7.7% compared to 8.0%). Increase in emigration to eastern neighbours goes in parallel with increasing immigration from these countries: immigration from RF, Belarus and Ukraine has increased sharply over the past year (56.4%, 9.9% and 138.4%, respectively) and this is usually attributed to the geopolitical tensions in the region. 2.1.3 Composition of emigration flows Age composition The age composition of emigrants has maintained a similar structure throughout the entire observed period (2006-2014). The largest share has always been of working age people (18-60), amounted for approx. 70-80 % of all emigrants; children bellow 15 – constitute 10-13%, retired people – proportion bellow 3 % (table 1.3.). However, some tendency of change in age structure can be traced during past couple of years. The proportion of children (0-14 years), which was decreasing until 2011, now show the growth tendency (which may be the indication of family reunion in destination and decreased probability of return to Lithuania). Opposite trend is among most mobile population aged 20-34 years – their share in emigration flows over the past 3 years fell down by 5 percent points. Overall, while the immediate post-crisis period 2010-2011 witnessed an increase in the share of working age emigrants, now the age composition is returning to the pre-crisis levels, with increasing emigration of children and the elderly, revealing processes of family reunion. Table 1.3. Emigrants, by age group (2001 – 2014) Age 0 - 14 15 - 19 20 - 34 35 - 39 40 - 59 2006 12,7% 12,2% 43,8% 8,8% 19,3% 2007 13,9% 9,8% 43,3% 8,8% 20,9% 2008 13,7% 7,0% 47,4% 9,4% 19,4% 2009 12,1% 6,0% 48,4% 10,3% 20,7% 2010 10,2% 5,9% 54,9% 9,4% 18,7% 2011 10,5% 7,1% 55,4% 8,6% 17,1% 2012 12,6% 7,1% 52,9% 8,8% 16,8% 2013 13,0% 6,4% 51,4% 8,8% 17,8% 2014 13,5% 6,4% 49,6% 9,5% 18,7% 10 60+ 3,1% 3,3% 3,1% 2,5% 0,9% 1,3% 1,9% 2,5% 2,2% Source: Data of the Lithuanian Department of Statistics Brain drain Though official statistics on the “brain drain” process are not standard practise and no recent studies on the issue have been made, the matter can be apprehended by looking at the educational composition of emigrants/ Lithuanian diaspora. According to a special survey carried out in 2014 by the Lithuanian Department of Statistics (“Global poll of foreign Lithuanians”), 31.7% of Lithuanians living abroad have qualifications of higher or high education2; the highest educational level of Lithuanian diaspora representatives is among those residing in Belarus - 51.6%, Ukraine (48.5%), UK (44.8), Sweden (38.6). Notably, these numbers include only those emigrants who have been successfully reached by Global Lithuania poll of foreign Lithuanians, and the reality might still be different. In addition, as per table 1.5, last year witnessed a steep increase (2.41 times) in the number of emigrating highly educated professionals and people in academia, i.e. who had been working in the field of education, public administration and health sectors before emigration. Though the absolute numbers (470 in 2014) may not look high, the tendency is alarming. The loss of the contribution of these educated professionals leads to tethered potential, restraints on innovation and loss of competitive edge. Skill composition The vast majority of emigrants (81.6%) were unemployed before leaving in 2014 (table 1.5.). The percentage of those employed remained stable through 2014 (a negligible 0.3% increase from 2013), and maintained really low level – around 18 % for already 5 years. Aside from academics and highly skilled professionals, other spheres have maintained similar levels of emigrating workers, in terms of both real numbers and percentage share. 2.1.4. Emigration determinants. Prima facie it would appear that emigration trends continue to follow economic tendencies, though no certain claim can be made without in-depth research. A wide range of economic indicators, including changes in GDP, average wage, general and youth unemployment rates portray an inversely proportional relation to emigration. As indicated by public surveys, these push factors directly affect the psychological state of individuals, creating additional stipulations for leaving. Macroeconomics. Chart 1.3. illustrates the correlation between economic factors and migration tendencies, and certain cause-effect relations could be proposed. Net migration, which had a negative value for the entire range of observation, appears, with consistent delay, to be directly proportional to the GDP trend. e.g., the fall in GDP between 2007-2009 is mirrored by the fall in net migration between 2008-2010. By the same token, GDP rise of 2009-2011 correlates with the rise of net migration 2010-2012. A similar pattern can be deduced from the trends of unemployment rate and emigration. Emigration rates appear to follow unemployment in a directly proportional manner with no delay. The increase in unemployment rate within the timeframe of 2008-2010, and the consequent fall in the rate during 2010-2014 is, to a certain extent, mirrored by emigration. Youth unemployment, continuing to overarch the national average (chart 1.8.), results in young people deciding to start their carriers abroad, which is reflected in the prevalence of youth in age distribution of emigrants (chart 1.9.). 2 Global Lithuania poll of foreign Lithuanians, 2015 11 Chart 1.3. Migration and economic indicators in Lithuania (2000-2014) 20 30 15 Economic indicators 10 10 5 0 0 -5 -10 -10 -20 -15 -20 Migration indicators 20 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Unemployment rate % 16,4 17,4 13,8 12,4 11,4 8,3 5,6 4,3 5,8 13,6 17,8 15,3 13,2 11,8 10,7 GDP increase % 4,1 6,6 6,9 10,3 7,4 7,8 7,8 9,8 2,8 -15 1,4 6,9 3,7 3,25 2,9 Immigration per 1000 ppl 0,4 1,3 1,5 1,4 1,6 2 -30 2,4 2,7 2,9 2,1 1,7 5,2 6,6 7,4 8,8 Emigration per 1000 ppl 6,2 2,1 4,9 7,7 11,2 17,4 9,9 9,4 8,1 12,2 26,9 17,8 13,7 13,1 13,1 Net migration -5,8 -0,8 -3,4 -6,3 -9,6 -15,4 -7,5 -6,7 -5,2 -10,1 -25,2 -12,6 -7,1 -5,7 -4,3 Source: Data of the Lithuanian Department of Statistics Dynamics of emigration compared to changes in average monthly wage also suggest interrelation between the two (chart 1.2.). Between 2006 and 2008, as the average monthly salary has been steadily increasing (43.9 %), emigration was generally low and in decrease (20.5 %). A decrease of 7.6% in wages between 2008-2010 resulted in a 222.9 % rise in emigration during the same period. Finally, the observed increase in wages since 2010 onwards (17.7% as of 2014) is mirrored by decreasing emigration (56%). Though in quantitative terms the parallels are disproportional, the patterns correspond in a direct manner. Chart 1.2. Average Lithuanian monthly wage and emigration (2006-2014) 646 595 Wage, EUR 600 593 80.000 615 70.000 60.000 522 550 50.000 53.863 500 400 576 90.000 40.000 433 38.500 32.390 30.383 41.100 38.818 36.621 30.000 20.000 25.750 350 10.000 2006 2007 2008 2009 2010 2011 2012 2013 2014 Average monthly wage (EUR) Emigration People, thousands 623 650 450 677,4 83.157 700 12 Source: Data of the Lithuanian Department of Statistics The above analysis suggests that emigration in Lithuania is mainly seen as viable economic strategy, or sometimes the only means for achieving a decent standard of living. Both – low salary level and high unemployment have been confirmed by the aforementioned study on emigration and return migration (table 1.4.) as the top two reasons for leaving (52.2% and 24.3%, respectively). Another popular economic cause for leaving is insolvency, i.e., the inability to pay back bank loans (3.2%). A wide range of social and psychological reasons are cited as well, such as family reunification (total of 4.6%), thirst for adventure (3.9%) and emigration for the purposes of study and academia (7.2%). The inability of Lithuanian universities to successfully compete with more prestigious institutions abroad similarly increases the youth segment of emigrants (table 1.4.). Table 1.4. Survey of emigrants by reason for leaving (asked to indicate a single answer) (2014)3 Reason for emigration Wanted to earn more; Lithuanian salaries are unsatisfactory Could not find work in Lithuania, needed a source of income Left for educational purposes Thirst for adventure Family reunion (husband/wife) Fled insolvency Sought better working conditions Disappointed with opportunities in Lithuania Family reunion (parents) To engage in business Family reunion (children) Fled personal problems Could not enter a Lithuanian university Won a "Green Card" Was invited to join a basketball team Refused to respond % of respondents 52,2 24,3 7,2 3,9 3,6 3,2 2,2 0,7 0,6 0,6 0,4 0,4 0,2 0,1 0,1 0,1 Source: Dovile Zvalionyte, doctoral dissertation: http://vddb.library.lt/fedora/get/LT-eLABa0001:E.02~2014~D_20141006_103036-48918/DS.005.0.01.ETD In addition to economic, social and psychological reasons play an important role – the survey reflected in table 1.5. found that 2.2% of emigrants leave in search of better working conditions, 4.6 % due to different family related reasons. Psychological/ personal problems also play a role – as indicated by the study 0.7% of emigrants were disappointed with opportunities in Lithuania and 0.4% flee from personal problems. A comparison of the rate of life satisfaction and emigration reveals correlations between psychological state of affairs and emigration, suggesting cause-effect relation between the two. A downward trend of life satisfaction (3% fall) during the economic crisis period 2008-2009 is parallel to increased emigration at the time (49.5%). Most recently (chart 1.5.), between the years 2010-2014, an increase in the share of people satisfied with their livelihood by 8% is to some extent reflected by decreasing emigration (56%) during the same period. 3 Respondents could only choose one answer. N=804. 13 90.000 80.000 70.000 60.000 50.000 40.000 30.000 20.000 10.000 0 83.157 63 64 63 32.390 30.383 69 64 65 53.863 58 38.500 25.750 55 56 57 70 41.100 38.818 36.621 60 55 Satisfied people, % Emigrants, units Chart 1.4. Lithuanian emigration and life satisfaction (2006 – 2014) 50 2006 2007 2008 2009 Emigration 2010 2011 2012 Life satisfaction % 2013 2014 Source: Data of the Lithuanian Department of Statistics and TNS Opinion & Social Pull factors. The above analysis of emigration determinants at macro and household economics, as well as emigrant public polls suggest that economic indicators are the most important factors for people choosing to leave. However, a comparison of the most popular migration destinations and economic situation/ local average monthly wages there reveals certain limits of such statement and some contradictions (chart 1.5.). Among countries with similar immigration and admission rules (EU/EEA), UK, though significantly more popular than others, has lower average wages than e.g. Germany (5.3% less in UK), Denmark (19%) and especially Norway (24.1%). Even more, though both UK and Ireland have equivalent language requirements, emigrants still prefer UK despite Ireland having 27.9% higher average wages. Of all the most popular migrant destinations, USA has the highest average wage - 37.2% above that of the UK, though the country is less popular due to restrictions for employment and residence. Overall, as evident from table 1.5., the average wage in most emigrant destinations significantly exceed the Lithuanian average wage (higher by 213% in UK compared to Lithuania). Popular destinations east of Lithuania, however, all have lower average wages – lower by 9.8% in Russia, 17.9% in Belarus and 40.6% in Ukraine. Their popularity could be due to the geographical and cultural proximity, no language barrier (for elderly), also due to family reasons or, in particular cases, higher salaries offered to professionals of specific areas. 14 18000 16000 14000 12000 10000 8000 6000 4000 2000 0 4440 3471 4761 4309 4132 3656 3416 3001 1000 911 16768 3075 2906 2631 1275 1054 1041 659 955 940 937 751 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 0 Wage, USD Emigrants, units Chart 1.5. Most popular migration destinations and local average annual wage (2014) Migration Average monthly wage USD PPP adjusted Average monthly wage in Lithuania USD PPP adjusted Source: OECD https://stats.oecd.org/Index.aspx?DataSetCode=AV_AN_WAGE and International Labour Organisation Return migration Chart 1.6. Immigration and Return migration (2001-2014) 19.528 Immigrants and return migrants, thousands 25.000 18.975 17.357 20.000 14.012 15.000 10.000 5.000 714 6.141 6.337 5.058 4.821 3.3974.705 1.313 4.153 809 3.980 4.301 3.415 0 2.210 2.084 2.237 2.468 2.960 1.666 1.060 1.673 2.486 3.036 4.766 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Foreigners Source: Data of the Lithuanian Department of Statistics Lithuanian citizens 15 Return migration has been increasing since 2011, yet it continues to increase at a decreasing rate. While between 2011-2012 the number of return migrants increased by 23.9%, it has only increased by 9.3 % between 2012-2013, and barely by 2.9 % last year (Chart 1.6). Importantly, return migration remains at a rate almost four times less than emigration. According to a 2014 study “Return Migrants Integration into the Lithuanian Labour Market” (table 1.7), main reasons for return migration are of psychological nature – longing for relatives (4.40 points of importance on 15 scale), other family reasons (3.91 points), desire to live in a familiar culture (3.84 points). Economic and social factors fare considerably worse – improved economic situation in Lithuania is ranked 8th among the factors (2.29 points), improved living conditions in Lithuania are in the 11th place (2.11 points), and Lithuanian policy for return migration is rated as the least contributing factor (1.70 points). This indicates that Lithuania remains economically unattractive, while policy decisions fail to have any pronounced effect. Even more, according to the same study, 21.9% of return migrants are seriously considering re-emigrating, while 9.3% are certain of it. Table 1.7. Study of the most important reasons of return migration (2014) Average importance No. Reason for return (1-5 scale) 1. Longing for relatives 4,40 2. Family reasons 3,91 3. Desire to live in familiar culture 3,84 4. Achieved emigration goals 3,33 5. Difficulties adapting abroad 2,80 6. Difficulties finding work 2,67 7. Decrease of economic conditions abroad 2,55 8. Better economic conditions in Lithuania 2,29 9. Discrimination 2,22 10. Health issues 2,22 11. Improved living conditions in Lithuania 2,11 12. Desire to educate children in Lithuania 1,81 13. Active Lithuanian policy measures 1,70 Source: Dovile Zvalionyte, doctoral dissertation: http://vddb.library.lt/fedora/get/LT-eLABa0001:E.02~2014~D_20141006_103036-48918/DS.005.0.01.ETD 2.1.5. Demographic consequences The first and most obvious consequence of mass emigration – decreasing population. Due to mass emigration and only symbolic immigration/ return migration Lithuanian population only over two decades decreased by one fifth and according to data from Department of Statistics at the beginning of 2015 formed 2921.3 thousand people (in 1990 – 3693.7 thousand people). If before 1994 the natural increase fully or partially compensated for the migration losses, then since 1995 population has been decreasing due to the effect of both components; during the crisis years (2009 – 2014) emigration constituted approximately 90 per cent of total decrease. This particular aspect of population drop-off is mostly vivid and usually stressed (in media and by politicians) to be the key emigration problem. However, structural changes of population due to emigration are even more problematic. Due to young age composition of emigration outflows (and much younger than that of resident population, chart 1.7.), emigration has and will have in the future very strong effect on both - the 16 demographic processes (population aging, marriage, fertility rates, family formation), and on the labour recourses, which might have to be imported from the third countries. In addition changing age composition increases demographic burden for active population and indirectly acts as an additional push factor, especially for youth. These negative consequences, coupled with much higher unemployment rates among youth indicate that established trends of youth emigration may still continue in the near future as well. Chart 1.8. Level of Unemployment in Lithuania (2005-2014) People, thousands 250 200 150 100 40,0% 35,70% 32,60% 29,20% 26,70% 17,80% 15,30% 13,40%13,70% 13,20% 11,80%10,70% 15,0% 9,80% 8,20% 5,60% 50 30,0% 21,90% 25,0% 19,30% 20,0% 15,70% 8,30% 35,0% 4,30% Level, % 300 10,0% 5,80% 5,0% 0 0,0% 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Number of unemployed persons thous. Level of unemployment % Unemployed young people (15-24yrs.) thous. Level of youth unemployment % Source: Source: Data of the Lithuanian Department of Statistics Chart 1.9. Emigrants and resident population by age groups (2014) 35,0% 31,2% 30,0% Level, % 25,0% 24,8% 20,0% 18,6% 15,0% 13,5% 14,6% 16,3% 13,1% 12,7% 13,2% 10,0% 15,1% 12,8% 9,3% 5,0% 3,5% 0,0% 0-14 15-24 25-34 35-44 Resident population Source: Source: Data of the Lithuanian Department of Statistics Foster care 45-54 Emigrants 55-64 1,3% 65+ 17 The nature of economic migration often necessitates leaving one’s children behind. Family break ups cause permanent damage to the psychological state of children. The amount of children in foster care continued to increase throughout 2014 (table 1.10.), amounting to a total rise of 3.1%, or 145.3% since 2007. The number has been on the rise for seven years now, with the exception of 2012, when it fell slightly only to be overtaken again next year. Needless to say, the statistics do not reflect children who are left with unofficial guardians, or without any guardians at all. While later children can become a cause for return migration, they could equally well wish instead to join their families abroad, thus becoming integrated residents of the host country, reducing prospects for return migration. Table 1.10. Foster care for children on parents’ request Children in foster care because of their parents emigration Total Male Female 0 -3 4-6 7-9 10-14 15-17 2007 2008 2009 2010 2011 2012 2013 2014 916 481 435 99 171 164 295 187 1.952 971 981 131 275 354 674 518 2.019 1.009 1.010 148 287 373 694 517 2.026 1.022 1.004 144 290 386 676 530 2.134 1.087 1.047 132 326 392 721 563 2032 1017 1015 142 294 364 689 543 2179 1090 1089 139 331 360 742 607 2247 1129 1118 145 299 399 782 622 Source: State Child rights protection and adoption service Trafficking in Human beings Due to the fact that emigration potential remains high, human trafficking remains an issue. There is no reliable/ full information on the extent of this phenomenon, information available from the Ministry of Interior on the pre-trial investigations indicates that the mode and forms of this criminal activity is changing. In 2014, 21 pre-trial investigations for international human trafficking were initiated in Lithuania4 (table 1.6.). Compared to 2013, the investigation level remains stable (20 in 2013), but still is a significant increase since 2012 (11 initiated cases in 2012). The most common destination was Germany (6 cases), followed by UK and France (3 cases each), Swede (2), Denmark, the Netherlands, Switzerland, Armenia (1 case per country). Exploitation for criminal activities, including minors, was the most common ground for trafficking in 2014 (14 cases compare to 8 in 2013), followed by sex exploitation, which remained stable over the past 2 years (9 investigations). Police as well as NGOs working in the field of Counter-trafficking note the changing nature of such crimes, as well as difficulties in achieving progress in the fight against them5. Despite improving economic indicators, emigration intentions persist, the victims of human trafficking are increasingly younger, and the character of the crimes remains latent. All this suggest that real numbers may be much higher; this is also claimed by NGOs providing assistance to victims of trafficking. 4 5 “Situation in the Fight Against Human Trafficking”, report by the Ministry of Internal Affairs, 2015 Department of Police of the Republic of Lithuania: http://www.policija.lt/index.php?id=31916 18 Table 1.6. Initiated pre-trial investigations for human trafficking (2013-2014) Year 2013 2014 Total 23 24 Internation al 20 21 Exploitati on for criminal activities 8 14 Sex exploitatio n 9 9 Labour exploitatio n 4 3 Web content related to trafficking 2 0 Forced marriage 0 1 Source: Data of the Ministry of Internal Affairs of the Republic of Lithuania. 2.1.6. Remittances and non-financial diaspora contribution Remittances. For a long time, remittances were seen as the main positive aspect of emigration. The currency inflow due to remittances contributed to softening the effects of the economic crisis in 2007 – 2008 (chart 1.10. indicates a particular increase in remittances during that same period), and has accelerated the afterward recovery, as they continued to increase from 2010 onwards, with a minor deviation in 2012, and increasing by 2.5% again last year. At the same time, however, total outflows have also increased by 5.9%, decreasing the net effect of remittances on GDP (table 1.11.). Though in 2014 remittances amounted to 4.4% in proportion to GDP (0.1% drop from 2013), when outflows are taken into account, the net value is estimated at only 2.5% GDP. Chart 1.10. Remittances, outflows, net flows mln. LT and proportion of remittances and net flows and GDP 6.000,00 5,0% 4,5% 5.000,00 4,0% mln. LT 3,0% 3.000,00 2,5% 2,0% 2.000,00 1,5% 1,0% 1.000,00 0,5% 0,00 0,0% 2004 Source: Bank of Lithuania 2005 2006 2007 2008 2009 Total remmitances (mln. Lt) Proportion of remittances and GDP (%) 2010 2011 2012 2013 2014 Total foreign payments (mln. Lt) Proportion of net flows and GDP (%) GDP, % 3,5% 4.000,00 19 Table 1.11. Remittances, outflows, net flows mln. LT and proportion of remittances and net flows and GDP Total outflows Remmitances (mln. Year (mln. LT) Lt) 2005 2079,0 716,7 2006 2719,7 1170,6 2007 3591,1 1419,3 2008 3698,4 1536,4 2009 3041,2 1680,8 2010 4371,8 1437,0 2011 4841,7 2549,0 2012 4056,5 3046,0 2013 5345,6 2212,9 2014 5481,5 2344,0 Net flows (mln. LT) 1362,3 1549,1 2171,8 2162,1 1360,4 2934,8 2292,7 1010,5 3132,7 3137,5 Proportion of remittances and GDP (%) 2,9% 3,3% 3,6% 3,3% 3,3% 4,6% 2,4% 3,6% 4,5% 4,4% Proportion of net flows and GDP (%) 1,9% 1,9% 2,2% 1,9% 1,5% 3,1% 1,1% 0,9% 2,6% 2,5% Engaging diaspora. The approval of the “Global Lithuania” programme in 2011 introduced a new approach to the emigrant population, evoking a possibility for emigrants to influence the development of Lithuania. The programme focuses on strengthening the ties with Lithuanian diasporas abroad, developing two main facets: involving emigrant professionals in Lithuanian projects and enhancing Lithuanian community centres abroad. The former has since resulted in a venture called the “Global Lithuania Network”, which uses Facebook as a medium for communication and sharing of information among Lithuanians across the globe. The network recently organised a discussion titled “a recipe for success in Lithuania” to inform migrants of carrier opportunities in Lithuania. The programme is expected to turn the “brain drain” process to “brain exchange”, with established diaspora professionals contributing to the economic development of the country. 20 Tables Table 1.1. International migration in Lithuania (1990-2014) Year Immigration Emigration 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 1990-2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2001-2014 Total 19902014 14.744 11.828 6.640 2.850 1.664 2.020 3.025 2.536 2.706 2.679 1.510 52.202 4.694 5.110 4.728 5.553 6.789 7.745 8.609 9.297 6.487 5.213 15.685 19.843 22.011 24.294 146.058 23.592 22.503 31.972 26.840 25.859 25.688 26.394 24.957 24.828 23.418 21.816 277.867 27.841 16.719 26.283 37.691 57.885 32.390 30.383 25.750 38.500 83.157 53.863 41.100 38.818 36.621 547.001 Net migration -8.848 -10.675 -25.332 -23.990 -24.195 -23.668 -23.369 -22.421 -22.122 -20.739 -20.306 -225.665 -23.147 -11.609 -21.555 -32.138 -51.096 -24.645 -21.774 -16.453 -32.013 -77.944 -38.178 -21.257 -16.807 -12.327 -400.943 198.260 824.868 -626.608 Source: Data of the Lithuanian Department of Statistics - 21 Table 1.2. Emigrants who have declared their departure by country of next residence Source: Data of the Lithuanian Department of Statistics Country of next residence Total Europe EU27, of which: Ireland Spain United Kingdom 2005 2008 2009 2010 2011 2012 2013 2014 15.571 12.957 10.510 17.015 14.201 10.760 21.970 18.988 13.514 83.157 78.981 69.550 53.863 50.833 44.068 41.100 38.594 38.818 36.155 36.621 34.189 32.573 3.523 1.226 29.756 3.302 1.058 27.844 3.075 937 19.857 17.895 16.768 3.230 2.972 2.906 6.021 6.399 6.345 773 956 1.041 3.178 3.005 2.631 932 1.111 1.275 538 93 1.685 1.451 527 111 648 120 1.549 1.292 867 122 751 105 1.321 1.054 842 164 11 5 0 2.073 794 4.223 1.983 917 4.472 2.763 1.355 5.719 13.048 3.535 40.901 5.587 1.948 26.395 1.473 1.349 1.350 3.806 3.745 3.441 5.474 9.431 6.765 Germany Other 2.447 European countries 702 Belarus 237 Norway 1.113 Russian Federation 274 Ukraine Africa 30 America 2.156 USA 2.010 Asia 379 Oceania 48 Not 1 indicated 1.000 337 2.063 536 1.420 4.901 845 3.814 1.074 1.145 1.479 1.100 731 1.004 711 436 38 2.035 1.782 701 40 - 59 1.917 1.700 948 55 3 142 3.091 2.783 799 129 11 105 2.085 1.788 682 151 4 22 Table 1.5. Emigrants who have declared their departure by previous employment (20082014). Aged 15 and older (absolute numbers) Year Total Employed Agriculture Mining and quarrying Manufacturing Electricity, gas and water supply Construction Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods Hotels and restaurants Transport, storage and communication Financial intermediation Real estate Public administration Education Health and social work Other activities Had not been working for one year and longer 2008 14618 6430 89 5 1364 30 741 1421 2009 19357 3614 36 5 455 15 394 470 2010 74674 11177 157 22 1710 68 1146 2778 2011 48212 8789 134 11 1472 76 883 2209 2013 33758 5814 101 5 1079 40 505 1265 2014 31662 5831 101 5 1081 50 506 1268 509 694 69 612 170 305 192 229 8188 203 1418 14 45 60 93 44 362 15743 785 1225 163 130 228 431 298 37 63497 761 921 108 100 207 320 235 20 39423 522 873 64 44 462 195 150 499 27944 525 878 64 45 464 470 193 181 25831 Emigrants who have declared their departure by previous employment (2008-2014). Aged 15 and older (%) Year Total Employed Agriculture Mining and quarrying Manufacturing Electricity, gas and water supply Construction Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods Hotels and restaurants Transport, storage and communication Financial intermediation Real estate Public administration Education Health and social work Other activities Had not been working for one year and longer 2008 100,0% 44,0% 0,6% 0,0% 9,3% 0,2% 5,1% 9,7% 2009 100,0% 18,7% 0,2% 0,0% 2,4% 0,1% 2,0% 2,4% 2010 100,0% 15,0% 0,2% 0,0% 2,3% 0,1% 1,5% 3,7% 2011 100,0% 18,2% 0,3% 0,0% 3,1% 0,2% 1,8% 4,6% 2013 100,0% 17,2% 0,3% 0,0% 3,2% 0,1% 1,5% 3,7% 2014 100,0% 18,4% 0,3% 0,0% 3,4% 0,2% 1,6% 4,0% 3,5% 4,7% 0,5% 4,2% 1,2% 2,1% 1,3% 1,6% 56,0% 1,0% 7,3% 0,1% 0,2% 0,3% 0,5% 0,2% 1,9% 81,3% 1,1% 1,6% 0,2% 0,2% 0,3% 0,6% 0,4% 0,0% 85,0% 1,6% 1,9% 0,2% 0,2% 0,4% 0,7% 0,5% 0,0% 81,8% 1,5% 2,6% 0,2% 0,1% 1,4% 0,6% 0,4% 1,5% 82,8% 1,7% 2,8% 0,2% 0,1% 1,5% 1,5%6 0,6% 0,6% 81,6% Source: Data of the Lithuanian Department of Statistics 6 Includes highly educated professionals and academics 23 Table 1.12. Resident population by age (2002 – 2014) (%) Age 0-14 15-24 25-34 35-44 45-54 55-64 65+ 2002 17,4% 13,4% 13,3% 14,9% 12,1% 11,2% 17,7% 2006 16,6% 14,7% 13,3% 14,9% 13,7% 10,6% 16,3% 2011 14,8% 14,1% 12,5% 13,8% 15,3% 11,6% 18,0% Source: Data of the Lithuanian Department of Statistics 2012 14,7% 13,7% 12,4% 13,6% 15,3% 12,0% 18,2% 2013 14,7% 13,5% 12,5% 13,5% 15,3% 12,2% 18,2% 2014 14,59% 13,09% 12,67% 13,15% 15,09% 12,82% 18,58% 24 2.2. Immigration 2.2.1. Trends in Immigration A comparatively unattractive economic standing of Lithuania has maintained a low level of immigration throughout the observed period of 2005 to 2014. A particular boom in total immigration can be traced to the year 2011, when the numbers nearly tripled. It has been on a steady increase ever since, rising again by 10.4% last year, with a total increase of 4.6 times since 2005. Most of this amount, however, is due to return migrants, who, e.g., took up a share of 80.4 % of total immigration in 2014. As evident from chart 1.1., the returnee immigration trend follows total immigration very closely. Nonetheless, according to a recent/ 2014 study “Return Migrants Integration into the Lithuanian Labour Market”, as many as 9.3% of returnees intend to re-emigrate, 21.9% are considering such option and only 20.6% are sure to not leave again.7 Immigration of foreign nationals is considerably less significant – migrants from non-EU/EFTA countries take up a share of 16.7%, while EU/EFTA migrants only contribute to 3% of the total. The amount of people coming from non-EU/EFTA states has been on the increase since 2010, and has this year topped the earlier peak of 2008 (4049 compared to 2577). In comparison with last year, immigration of third country nationals (TCNs) rose by 72.4%, which has been the steepest rise for ten years. Immigration from EU/EFTA countries, on the other hand, fails to follow a particular tendency and remains fluctuating – increasing by a mere 4.4% last year, still 5% behind the peak two year earlier. Chart 1.1. Immigration to Lithuania by nationality of immigrants (2005 – 2014) Immigrants, units 25000 20000 15000 EU/EFTA 10000 TCN 5000 0 Lithuanian 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 EU/EFTA 435 396 320 383 267 149 503 755 687 717 TCN 1649 1841 2148 2577 1399 911 1170 1731 2349 4049 Lithuanian 4705 5058 6141 6337 4821 4153 14012 17357 18975 19528 total 6789 7295 8609 9297 6487 5213 15685 19843 22011 24294 total Source: Data of the Lithuanian Department of Statistics 2.2.2. Countries of Origin The most common immigrants’ previous countries of residence mirror population emigration destinations very closely, again implying the influence of returnees in such data. United Kingdom has been, since 2005, the topmost prevailing country of origin (table 1.1.). In 2014 it constituted for 37.8% of total immigration flow, followed by Ireland 8.9(%), Norway 8.2(%) and Russia 7.8(%). 7 Dovile Zvalionyte: http://vddb.library.lt/fedora/get/LT-eLABa-0001:E.02~2014~D_20141006_10303648918/DS.005.0.01.ETD 25 Among the most common origin states, only immigrants from Spain and Ireland have decreased in numbers; not incidentally, the importance of these states as destinations for Lithuanian emigrants has also been diminishing for some time. This year has witnessed a particularly pronounced increase of incomers from Ukraine and Russia (2.4 times and 1.6 times, respectively). Two main factors could account for such a tremendous rise: the unstable geopolitical situation in the region and temporary work contracts. Overall, however, the inadequate comparative weight of returnee quantities vs. other immigrants render the data based on the joint immigrant population less analytically relevant. Thus, the two demographics must also be analysed separately. Table 1.1. Immigrants by country and year (2004-2014) 2004 TOT Total by country IE Ireland BY Belarus ES Spain GB United Kingdom US United States NO Norway RU Russia UA Ukraine DE Germany VEP Other countries PXX Not indicated 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 5.553 6.789 7.745 8.609 9.297 6.487 5.213 15.685 19.843 22.011 24.294 188 441 250 541 423 583 360 766 945 366 884 961 1.032 1.228 416 422 765 569 311 607 332 247 1.192 1.528 1.792 1.993 1.639 1.439 1.837 399 740 2.234 508 919 2.167 607 831 2.165 667 781 6.385 8.199 9.128 9.184 451 600 614 735 718 532 325 498 546 508 622 101 993 334 629 104 858 336 698 114 956 382 575 141 888 500 592 148 805 577 563 115 579 273 405 246 499 190 274 1.171 759 229 682 1.471 936 434 901 1.750 1.206 505 1.116 1.979 1.886 1.204 1.229 2.985 3.673 4.156 4.506 0 22 37 71 1.504 1.614 1.466 1.578 1.862 1.269 1.054 121 21 33 51 20 30 0 Source: Data of the Lithuanian Department of Statistics 2.2.3. Composition of Immigration Flows Nationality composition Separating Lithuanian and foreign nationals reveals a truer picture of immigration composition. As per table 1.2., the most incomers among foreign nationals in 2014 were Russian, closely followed by Ukrainians and, though quite far behind, Belarusians. A significant increase in immigrant Ukrainians and Russians is observed - over the last year, the amount of incoming Ukrainian nationals has nearly tripled last year (increased 2.7 times), while the amount of Russians doubled. The pattern again is suggestive of certain issues pertaining to the two countries in particular – no other national group has witnessed such an influx in terms of both absolute and relative values (immigration of Belarusians, though on the rise for four years now, has only increased by 7.9% in 2014). Nationals of other countries lag far behind the top three in scale of immigration, often providing only symbolic and fluctuating contribution to the total trend. It might be argued that individual cases have more influence on the data of migrants of these countries than general political, economic or social factors. 26 Table 1.2. Immigration of foreign nationals (2004 – 2014) Nationality 2004 2005 2006 2007 2008 2009 2010 2011 2012 2.210 2.084 2.237 2.468 2.960 1.666 1.060 1.673 2.846 Total 203 329 647 746 987 438 255 254 363 Belarus Russian 294 396 416 368 312 248 373 526 Federation 441 246 251 294 422 508 209 145 181 377 Ukraine 161 148 141 123 94 47 32 34 28 The USA 121 100 84 70 60 46 15 57 77 Germany 56 54 57 24 64 41 16 73 137 Poland 51 52 69 48 30 37 14 90 113 Latvia 103 288 14 24 16 15 10 12 8 Stateless 828 568 535 595 833 521 325 599 1.217 Other 2013 3036 482 2014 4.766 520 757 413 18 69 78 131 36 1052 1.496 1.120 31 95 70 96 22 1.316 Source: Data of the Lithuanian Department of Statistics Age composition The age distribution of immigrants reflects a particularly young flow of incomers, the biggest share of which in 2014 belonged to immigrants aged 25-29 (22.3%), followed by those aged 30-34 (16.5%) and 20-24 (14.0%)(chart 1.2.). The age distribution of immigrants in many ways mirrors the age of emigrant Lithuanians, where the biggest share in age distribution is also of people 20-34 year old. There is, however, one major difference in the trends – youth aged 19 and less as well as child immigration remained low during the entire observed period. In 2014, people aged 0-19 accounted for only 12.8% of all immigrants, while people aged 25-34 accounted for 52.8%. In the years following 2010 the number of immigrants in the latter age group witnessed a steep increase in terms of absolute numbers – between the years 2010-2014, their inflow increased fourfold. In terms of percentage share, however, no significant fluctuations have been observed throughout the past 10 years. Chart 1.2. Immigrants, by age group (2005 – 2014) (%) 25,0% People, % 20,0% 15,0% 2005 2010 2011 10,0% 5,0% 2012 2013 2014 0,0% 27 Table 1.3. Immigrants, by age group (2005 – 2014) (%) Age 0-4 5-9 10-14 15-17 18-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75-79 80+ 2005 3,8% 3,0% 3,5% 2,4% 3,1% 17,6% 18,8% 12,5% 9,2% 7,9% 6,8% 3,5% 2,8% 1,6% 1,3% 0,8% 0,7% 0,8% 2010 6,1% 2,5% 1,7% 1,7% 2,7% 15,7% 19,7% 14,9% 10,4% 7,0% 5,8% 4,5% 2,6% 2,2% 0,5% 0,7% 0,7% 0,6% 2011 4,5% 2,3% 1,3% 0,9% 2,5% 23,0% 23,5% 13,8% 8,4% 6,1% 5,1% 4,0% 2,5% 1,1% 0,3% 0,3% 0,2% 0,2% 2012 5,5% 2,4% 1,1% 0,8% 2,1% 20,2% 24,2% 14,0% 8,9% 6,4% 5,3% 4,5% 2,3% 1,2% 0,3% 0,3% 0,2% 0,2% 2013 5,6% 2,8% 1,3% 0,9% 1,9% 17,7% 23,6% 15,6% 9,1% 7,1% 5,3% 4,4% 2,5% 1,3% 0,4% 0,2% 0,2% 0,2% 2014 5,7% 3,2% 1,5% 0,8% 1,6% 14,0% 22,3% 16,5% 10,8% 7,4% 6,0% 4,7% 3,1% 1,3% 0,4% 0,2% 0,2% 0,2% Source: Data of the Lithuanian Department of Statistics Gender composition Between 2005 and 2014 men have been slightly more common among immigrants than women (table 1.5.). The difference between the two was increased slightly last year (9.6% more men than women, compared to a 9% difference in 2013 and 2012). The difference was much more significant in the years 2005-2008 (12.4%, 12.9%, 11.0% and 18.4%, respectively). Table 1.4. Immigration by gender (2005 – 2014) 2005 2006 2007 2008 2009 2010 Total 6.789 7.745 8.609 9.297 6.487 Women 2.973 3.373 3.832 3.795 Men 3.816 4.372 4.777 43,8 % 56,2 % 43,6 % 56,4 % 44,5 % 55,5 % Women Men 5.213 2011 15.68 5 2012 19.84 3 3.130 2.421 7.188 5.502 3.357 2.792 40,8 % 59,2 % 48,3 % 51,7 % 46,4 % 53,6 % Source: Data of the Lithuanian Department of Statistics 8.497 8.937 10.90 6 2013 22.01 1 10.01 2 11.99 9 2014 24.29 4 10.97 2 13.32 2 45,8% 45,0% 45,5% 45,2% 54,2% 55,0% 54,5% 54,8% 28 Skill composition Though official statistics on the education of immigrants is not compiled, certain alternative sources do provide information on the portrait of immigrants’ skill composition. In 2015, as part of the research project “Analysis of the living and working conditions of Labour immigrants in Lithuania”, social – demographic characteristics of foreign/ TCN labour immigrants was analysed8. As the results of the study regarding education show (chart 1.3.) an absolute majority – 55.9% of immigrants have medium-to-high qualifications, i.e., a professional or higher education below university level, or university education. A substantial amount (32.2%) are only low-qualified workers, most of them, however, have finished secondary school (26.1%). Chart 1.3. Labour immigrants aged 15-64 by education (2015) 50 45 46,2% Immigrants, % 40 35 30 25 26,1% 20 15 10 5 9,7% 6,1% 1,9% 0 Below secondary school Secondary school Professional education University education Other Source: Diversity Development Group, Lithuanian Centre for Social Research, Institute of Ethnic Research 2.2.4. Reasons for immigration/ grounds for temporary residence permit Department of Statistics does not provide information on the reasons for immigration of foreign nationals, this information can best be derived analysing the grounds for issuing temporary residence permits. As data (table 1.6.) show, the most common grounds for issuing temporary residence permits are engagement in lawful activities, i.e., entrepreneurship and expertise (46% of all TRPs issued last year), followed by family reunification (20.3%), work (19%) and study (11%). 8 Vita Petrušaukaitė, Karolis Žibas, Vija Platačiūtė, Aleksandra Batuchina, Giedrė Blažytė “Analysis of the living and working conditions of Labour immigrants in Lithuania”, 2015. European fund for integration of third-country nationals. http://www.ces.lt/projektai/vykdomi-projektai/darbo-migrantu-gyvenimo-ir-darbo-salygu-tyrimas-lietuvoje/ 29 Table 1.6. Number of TRP issued/renewed to aliens, by grounds for entry (2005-2014) Year 2005 2012 In total In total 2013 Ground for issue or renewal Alien has retained the right to citizenship of the Republic of Lithuania according to the procedure laid down in the Law on 1 25 Citizenship 1 41 Alien is a person of Lithuanian descent 2824 4384 Alien enters for family reunification Alien intends to take up employment in the 1469 3345 Republic of Lithuania Alien intends to take up highly qualified n/a n/a employment in the Republic of Lithuania 509 2 908 Alien intends to engage in lawful activities Alien intends to acquire education, study at an educational establishment, participate in a traineeship, up-skilling and vocational 698 1161 training 55 173 Other 5557 12037 In total Source: Data of the Lithuanian Department of Migration 2014 Issued TRP In total Issued TRP In total Issued TRP Renewed TRP 19 33 867 37 33 4911 20 19 1163 79 130 5509 63 107 1980 16 23 3529 1743 3728 1700 3903 1847 2056 n/a 1 396 41 4523 25 2376 152 6615 94 4481 58 2134 340 53 4451 1429 215 15073 683 82 6068 1678 230 18296 1073 104 9749 605 126 8547 Table 1.7. Number of TRP issued/renewed to aliens, by grounds for entry (2005-2014) (%) Year Ground for issue or renewal Alien has retained the right to citizenship of the Republic of Lithuania according to the procedure laid down in the Law on Citizenship Alien is a person of Lithuanian descent Alien enters for family reunification 2005 2012 2013 2014 In total In total Issued TRP In total Issued TRP In total Issued TRP Renewed TRP 0,02% 0,2% 0,4% 0,2% 0,3% 0,4% 0,6% 0,2% 0,02% 0,3% 0,7% 0,2% 0,3% 0,7% 1,1% 0,3% 50,8% 36,4% 19,5% 32,6% 19,2% 30,1% 20,3% 41,3% 26,4% 27,8% 39,2% 24,7% 28,0% 21,3% 18,9% 24,1% n/a n/a n/a 0,3% 0,4% 0,8% 1,0% 0,7% 9,2% 24,2% 31,4% 30,0% 39,2% 36,2% 46,0% 25,0% 12,6% 9,6% 7,6% 9,5% 11,3% 9,2% 11,0% 7,1% 1,0% 1,4% 1,2% 1,4% 1,4% 1,3% 1,1% 1,5% Alien intends to take up employment in the Republic of Lithuania Alien intends to take up highly qualified employment in the Republic of Lithuania Alien intends to engage in lawful activities Alien intends to acquire education, study at an educational establishment, participate in a traineeship, up-skilling and vocational training Other 30 During the entire observed period (2005-2014), the number of TRP issued has been increasing every year, as the number of TRP issued in 2014 is more than three times higher than in 2005 (3.3) (table 1.7.). The most pronounced increase has been observed in TRP issued/renewed for aliens of Lithuanian descent and those otherwise entitled to Lithuanian citizenship – only a single permit has been issued on these grounds in 2005, while by 2014 the amount has increased to 130 and 79 respectively. Important tendencies can be revealed by looking into TRP issued/renewed for aliens intending to engage in lawful activities – not only has the amount of TRP issued/renewed on this ground increased 13 times, but it also takes up a bigger share of all TRPs (36,2% in 2014, compared to 9.2% in 2005). The numbers of TRPs issued/renewed for family reunification have also been increasing throughout the past 10 years (2.7 times higher in 2014 than in 2005), still the share of TRPs issued/renewed on this ground has actually been on the decrease (50.8% in 2005, 36.4% in 2012, 32.6% in 2013 and 30.1% in 2015). “Blue card” (highly qualified) employment, which has only been introduced in 2013, has attracted the attention of 3.7 times more employees last year than the year before. In general, current immigration does differ from the one observed decade ago: now it is more and more shaped by economic reasons (58.3% compared to 35.6% in 2005), whereas family related reasons become less pronounced (30.1% compared to 50% in 2005). Even more pronounced difference is observed, if current immigration determinants are compared to reasons of immigration of all past immigrants/ foreign born Lithuanian residents and their descendants. In 2014, a Lithuanian Department of Statistics conducted the survey on the situation of foreign born Lithuanian population and their direct descendants on the labour market, which also included section on the reasons for immigration. As is seen from chart 1.4., the most common reason of immigration is family reunion, as well as other family-related concerns (70.9%). Subsequent reasons include work (19.7%) and, far less significantly, study (2.2%). Family reunion is the more common migration factor for women (80.3% compared to 59.4% for men), while men more often than women come in order to work (26.3% compared to 14.3%). Chart 1.4. Foreign born residents (stocks) by reason for migration and gender (2014) 7,2% 5% 9,9% Other 2,2% 0,4% 4,4% Study Total Men 19,7% 26,3% 14,3% Work Women Family 59,4% 0 20 40 60 70,9% 80,3% 80 100 Source: Study “The Labour Market Situation of Immigrants and their Direct Descendants” buy the Lithuanian Department of Statistics 2.2.5. Foreign residents in Lithuania Stocks As of the beginning of 2015, 39980 aliens were living in Lithuania (a 12.7% increase from last year), which amounts to 1.4% of the Lithuanian population (table 1.5.). Most of the aliens (36.6%) are Russian nationals, though their proportion among aliens has been in decrease through the whole 31 observe period (5% fall since 2005). Quite far behind are Belarusian (15.3% of all aliens) and Ukrainian (13%) nationals. While the share of Belarusian residents has slightly decreased last year (1.8%), it has been on the increase for 10 years between 2005-2014 (4% increase). Similarly, the proportion of Ukrainian residents has been increasing for the whole of 2005-2015 (5.7%, 2.5% of which this year). The amount of residents from African States has witnessed the fastest leap of all state groups – it has increased 7.9 times during the past 11 years, though the share of African nationals in the distribution is only at 1.1%. The amount of stateless persons witnessed the most pronounced drop – 2.4 times, yet stateless persons still comprise 9.1% of all alien residents. Table 1.5. Number of aliens residing in the Republic of Lithuania, by country (2005-2015) European states including: - EU Member States, including: - Latvia - Poland - Germany - EFTA States - Other European states, including: - Armenia - Belarus - Russia - Ukraine North American states, including: - USA Central and South American states Australia and Oceania Asian states, including: - Israel - Kazakhstan - China African states Stateless persons In total 2005 24511 2263 391 541 398 111 2013 26232 3146 586 495 489 117 2014 28265 3655 718 548 550 135 2015 32455 4567 861 707 677 151 22137 22969 24475 27739 322 4020 14676 2539 402 5463 12801 3240 428 5846 13331 3713 447 6113 14648 5164 435 404 415 454 402 366 375 404 57 104 113 130 19 1502 323 290 218 58 8708 35290 25 2094 366 290 373 264 4130 33253 28 2396 380 321 339 378 3892 35487 28 2810 344 342 368 456 3645 39980 Source: Data of the Lithuanian Department of Migration Situation of foreigners in the labour market and occupation According to the Statistical Department survey of immigrants and their direct descendants, 70.6% of foreign born residents aged 20-64 were employed in 2014 (the national average of this age group is 71.6%) 9. Nonetheless, 12.4% of foreign born immigrants aged 15-64 (and their direct descendants, whose at least one parent is foreign born) claim that their qualifications are too high for their current place of employment. 10 Women are more often overqualified for their job than men – 13.6% and 11.2%, respectively. 9 Lithuanian Department of Statistics, “The Labour Market Situation of Immigrants and their Direct Descendants”, 2014. Part of an EU-wide study. 10 Lithuanian Department of Migration press release 31st October 2014 32 Analysis based on work permits (table 1.9.) indicate, that the vast majority of non-EU/EFTA incomers were working in transport, storage and communication (80.4%), the areas which also are the most common previous workplaces of Lithuanian emigrants (see table 1.5. in section 2.1 Emigration). Second most prevailing area of immigrant employment is manufacturing (10.76%), which is also the second most common previous workplace of emigrants, as per the aforementioned table. Rest of the employment areas hold markedly less share, with more pronounced contribution of hospitality (2.58%), construction (2.06%) and trade (1.71%), all sectors which have previously lost significant amounts of employees due to emigration. Table 1.9. Areas of employment of immigrants (based on work permits), 2014. Total Agriculture Mining and quarrying Manufacturing Electricity, gas and water supply Construction Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods Hotels and restaurants Transport, storage and communication Financial intermediation Real estate Public administration Education Health and social work Other activities Amount 5382 7 0 579 0 111 92 Percentage 100% 0,13% 0,00% 10,76% 0,00% 2,06% 1,71% 139 4327 11 5 10 39 12 50 2,58% 80,40% 0,20% 0,09% 0,19% 0,72% 0,22% 0,93% Source: Data of the Lithuanian Labour Exchange Foreign students Immigration for the purpose of studies was steadily increasing – in numbers and proportion, as well as stocks of foreign students in Lithuania, which has been on the rise for five consecutive years (table 1.8.) up until 2014, when preliminary estimations project a fall of 12.6%. Compared to 2010, however, the number is still almost three times (2.7) higher. Notably more students come from TCN states than from the EU/EFTA region (82.5% vs. 17.5%). 33 Table 1.8. Stocks of foreign students by nationality (2010 – 2015) Total EU/EFTA TCN EU/EFTA (%) TCN (%) 2010 1479 358 1121 2011 3402 436 2966 2012 3767 584 3183 2013 4233 710 3523 2014 4642 818 3824 2015 4059 711 3348 24,20% 12,80% 15,50% 16,80% 17,60% 17,50% 75,80% 87,20% 84,50% 83,20% 82,40% 82,50% Source: Data of the Lithuanian Ministry of Education and Science at svis.emokykla.lt 2.2.6. Citizenship and naturalisation Acquisition and deprivation Lithuanian citizenship, as regulated by the Law on Citizenship, can only be acquired by birth jus sanguinis or via naturalisation. Naturalisation requires 10 years of permanent residence in the country, passing of language and Constitution exams, a lawful source of income and no history of violent crime. Additionally, the applicant must also either be a stateless person or agree to give up the current citizenship upon the acquisition of Lithuanian citizenship. A simplified acquisition procedure lex sanguinis is possible for applicants of Lithuanian descent. Dual citizenship is only possible under particular circumstances in exceptional cases, in accordance with the best interests of Lithuania. In 2014, 37324 people acquired Lithuanian citizenship, which is 255 less than in 2013. In most cases (95.6%), citizenship was acquired by birth jus sanguinis. 1079 people had their citizenship reinstated (209 more than last year) (the procedure of restoration is applicable to persons who held citizenship of Lithuania before 15 June 1940 or their descendants, who were forcibly expelled from Lithuania or left the country for political or other reasons during the occupation), while 75 applicants of Lithuanian descent gained it via the simplified procedure (39 more than last year). Citizenship was restored to 21 individuals, which is 16 people less than in 2013. 179 foreign citizens were naturalised last year, maintaining a very similar level to previous years (173 in 2013, 183 in 2012). Most of those who acquired citizenship last year were stateless – 34.1%. Of those who prior to naturalisation held other citizenships most were Russian (27.4%), Ukrainian (14.5%) and Belarusian (6.7%). Notably, the amount of newly ordained citizens from Ukraine has increase from 19 in 2013 (and in 2012) to 26 last year, making it the only group, other than the stateless persons, to increase its numbers. Despite the ratification on 9 May 2013 of the 1961 UN Convention on the Reduction of Statelessness and the adopted amendments to the Law of the Republic of Lithuania on Citizenship, which has introduced more favourable conditions of naturalisation to stateless people, the naturalisation of such persons has only increased by 7% in 2014. Compared to mid-last decade, naturalisation of stateless persons continues to diminish, as does the level of citizenship acquisition in general. Over the past 11 years, 4858 more people have renounced or been deprived of Lithuanian citizenship than acquired it. Though in 2014 the amount of people granted citizenship has increased by 3.5%, during the same period 86.3% more people have also lost their nationality. Citizenship 34 acquisition numbers last year remained far from their peak in 2004 (240.8% less in 2014 than in 2004), while the amount of loss continued trending towards the apex of 2007 (only 20.5% less in 2014 than in 2007). Chart 1.6. Acquisition of Lithuanian citizenship by previous nationality (2004-2014) People, units 250 200 150 100 50 0 Stateless 2005 214 2006 238 2007 184 2008 128 2009 106 2010 78 2011 125 2012 86 2013 57 2014 61 Russia 151 151 113 54 49 43 97 39 53 49 Ukraine 21 30 20 31 27 19 44 19 19 26 Belarus 24 28 31 10 12 11 17 14 14 12 Armenia 5 3 9 2 4 2 6 7 8 6 Other 20 17 13 15 16 9 22 18 22 25 Source: Data of the Lithuanian Department of Migration Table 1.10. Acquisition and deprivation of Lithuanian citizenship (2004-2014) Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Total 20042014 Persons granted citizenship 610 435 467 370 240 214 162 311 183 173 179 Persons who lost citizenship 798 755 898 1015 926 878 579 614 445 452 842 Balance -188 -320 -431 -645 -686 -664 -417 -303 -262 -279 -663 3344 8202 -4858 Source: Data of the Lithuanian Department of Migration 35 Dual citizenship A person might hold a second citizenship en masse with being a Lithuanian national only under the following circumstances11: 1. If the person is under 21 years of age and has acquired Lithuanian citizenship by birth jus sanguinis and a second citizenship by birth jus soli. 2. If the person has been an exile expelled from the occupied Republic of Lithuania prior to 11 March 1990, and has acquired a second citizenship. 3. If the person has fled from Lithuania prior to 11 March 1990, and has acquired a second citizenship. 4. If the person is a descendant of individuals described in sections 2 and 3. 5. If the person has acquired a second citizenship ipso facto by marriage. 6. If the person is under 21 years of age and has acquired Lithuanian citizenship by adoption while under 18 years of age. 7. If the person is a Lithuanian national under 21 years of age and has acquired a second citizenship by adoption while under 18 years of age. 8. If the person has acquired Lithuanian citizenship under exceptional procedure, while being a national of another country. 9. If the person had refugee status upon acquiring Lithuanian citizenship. Notably, despite having a second citizenship, a Lithuanian citizen is always considered to be solely Lithuanian by all Lithuanian government institutions for all legal purposes. The possession of another citizenship does not relieve the individual from Constitutional duties. Due to the migrating nature of Lithuanians, dual citizenship has been an increasingly topical issue for several years now. A number of Lithuanian organisations abroad have advocated for establishing a more common ground for allowing a second citizenship to individuals who have acquired citizenships in their countries of residence. Dual citizenship has been recognised as the cornerstone issue by the World Lithuanian Community Seimas during a session on 7th-10th July 2015. The Liberal Movement, a conservative-liberal political party in Seimas proposed a dual citizenship referendum to take place along with the upcoming general elections on 9th October 2016. The proposed question formula concerns amending the constitution; it goes as follows: “I agree, that part 2 article 12 of the Constitution of the Republic of Lithuania – “no individual can be a citizen of Lithuania and a citizen of another state en masse, except in specific cases” – would be declared null and void.” On 5th May 2015 Seimas accepted the proposal for referendum. The World Lithuanian Community, however, argues that the referendum cannot take place until an online voting system has been established, as the current system neglects a substantial amount of concerned potential voters. Previously, the Community has declared the referendum to be undesirable, and advocated avoiding constitutional amendments, using instead other methods of lawmaking to favour the conditions for dual citizenship.12 The World Lithuanian Community are concerned the outcome of the referendum might be unsatisfactory. 11 Lithuanian Department of Migration, http://www.migracija.lt/index.php?603045334 Lithuanian News Radio, http://www.ziniuradijas.lt/epizodas/2015/06/04/pasaulio-lietuviu-bendruomene-nenorireferendumo-del-dvigubos-pilietybes/45195 12 36 Annexes/ Tables and charts Table 1.11. Immigrants by country and year (2004-2014) (%) 2004 2005 2006 IE 3,4% 6,2% 9,9% Ireland BY 7,9% 8,6% 12,2% Belarus 4,5% 5,3% 4,7% ES Spain GB United 9,7% 17,6% 19,7% Kingdom US United 8,1% 8,8% 7,9% States NO 1,8% 1,5% 1,5% Norway RU 17,9% 12,6% 12,3% Russia UA 6,0% 4,9% 4,9% Ukraine DE Germany 11,3% 10,3% 7,4% VEP Other countries 27,1% 23,8% 18,9% PXX Not 2,2% 0,3% 0,4% indicated 2007 2008 2009 2012 2013 2014 10,3% 10,3% 11,8% 11,6% 11,7% 11,3% 9,8% 8,9% 12,0% 13,2% 4,8% 4,5% 2,8% 3,8% 2,7% 3,2% 8,8% 4,8% 2010 6,4% 4,7% 2011 2,5% 4,7% 2,6% 4,6% 20,8% 21,4% 25,3% 27,6% 40,7% 41,3% 41,5% 37,8% 8,5% 7,7% 8,2% 6,2% 3,2% 2,8% 2,3% 2,6% 1,6% 1,6% 1,8% 4,7% 7,5% 7,4% 8,0% 8,1% 10,3% 8,7% 8,9% 9,6% 4,8% 4,7% 5,5% 7,8% 5,8% 6,2% 4,2% 3,6% 1,5% 2,2% 2,3% 5,0% 6,9% 6,1% 6,2% 5,3% 4,3% 4,5% 5,1% 5,1% 18,3% 20,0% 19,6% 20,2% 19,0% 18,5% 18,9% 18,5% 0,6% 0,2% 0,5% 0,0% 0,0% 0,1% 0,2% 0,3% Source: Data of the Lithuanian Department of Statistics Chart 1.7. Immigrants by country and year (2004-2014) (%) 45,0% IE Ireland 40,0% BY Belarus 35,0% ES Spain Immigrants, % 30,0% 25,0% GB United Kingdom 20,0% US United States 15,0% NO Norway 10,0% RU Russia 5,0% UA Ukraine 0,0% DE Germany 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 37 Table 1.12. Immigration of foreign nationals (2004 – 2014) (%) Nationality 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 9,2% 15,8% 28,9% 30,2% 33,3% 26,3% 24,1% 15,2% 12,8% 15,9% 10,9% 20,0% 14,1% 17,7% 16,9% 12,4% 18,7% 23,4% 22,3% 18,5% 24,9% 31,4% Belarus Russian Federation Ukraine The USA Germany Poland Latvia Stateless Other 11,1% 12,0% 13,1% 17,1% 17,2% 12,5% 13,7% 10,8% 13,2% 13,6% 23,5% 7,3% 7,1% 6,3% 5,0% 3,2% 2,8% 3,0% 2,0% 1,0% 0,6% 0,7% 5,5% 4,8% 3,8% 2,8% 2,0% 2,8% 1,4% 3,4% 2,7% 2,3% 2,0% 2,5% 2,6% 2,5% 1,0% 2,2% 2,5% 1,5% 4,4% 4,8% 2,6% 1,5% 2,3% 2,5% 3,1% 1,9% 1,0% 2,2% 1,3% 5,4% 4,0% 4,3% 2,0% 4,7% 13,8% 0,6% 1,0% 0,5% 0,9% 0,9% 0,7% 0,3% 1,2% 0,5% 37,5% 27,3% 23,9% 24,1% 28,1% 31,3% 30,7% 35,8% 42,8% 34,7% 27,6% Source: Data of the Lithuanian Department of Statistics Table 1.13. Immigration to Lithuania by nationality of immigrants (2005 – 2014) (%) Country EU/EFTA TCN Lithuanian 2005 6,4% 24,3% 69,3% 2006 5,4% 25,2% 69,3% 2007 3,7% 25,0% 71,3% 2008 4,1% 27,7% 68,2% 2009 4,1% 21,6% 74,3% 2010 2,9% 17,5% 79,7% 2011 3,2% 7,5% 89,3% 2012 3,8% 8,7% 87,5% 2013 3,1% 10,7% 86,2% 2014 3,0% 16,7% 80,4% Source: Data of the Lithuanian Department of Statistics Chart 1.8. Immigrants, by age group (2005 – 2014) 6000 Immigrants, units 5000 2005 4000 2010 3000 2011 2000 2012 1000 2013 2014 0 Source: Data of the Lithuanian Department of Statistics 38 Table 1.14. Immigrants, by age group (2005 – 2014) Age 2005 2010 2011 2012 2013 2014 0-4 257 320 708 1090 1228 1384 5-9 205 132 354 484 618 779 10-14 235 90 208 228 286 373 15-17 162 88 134 166 199 192 18-19 209 143 392 426 423 390 20-24 1192 818 3600 4001 3887 3407 25-29 1278 1027 3693 4808 5201 5418 30-34 849 778 2162 2777 3423 4005 35-39 622 540 1314 1771 2006 2633 40-44 539 365 964 1270 1552 1799 45-49 460 300 807 1045 1175 1450 50-54 237 232 626 888 971 1130 55-59 188 137 390 456 546 752 60-64 110 117 165 234 277 322 65-69 90 25 54 64 88 106 70-74 56 35 42 57 46 55 75-79 50 34 35 35 40 47 80+ 51 32 37 43 45 52 Total 6790 5213 15685 19843 22011 24294 Source: Data of the Lithuanian Department of Statistics Table 1.15. Immigrants, by nationality (2005 – 2014) (%) European states including: - EU Member States, including: - Latvia - Poland - Germany - EFTA States - Other European states, including: - Armenia - Belarus - Russia - Ukraine North American states, including: - USA Central and South American states Australia and Oceania Asian states, including: - Israel - Kazakhstan - China African states, including Stateless persons 2005 2013 2014 2015 69,5% 6,4% 1,1% 1,5% 1,1% 0,3% 78,9% 9,5% 1,8% 1,5% 1,5% 0,4% 79,6% 10,3% 2,0% 1,5% 1,5% 0,4% 81,2% 11,4% 2,2% 1,8% 1,7% 0,4% 62,7% 0,9% 11,4% 41,6% 7,2% 69,1% 1,2% 16,4% 38,5% 9,7% 69,0% 1,2% 16,5% 37,6% 10,5% 69,4% 1,1% 15,3% 36,6% 12,9% 1,2% 1,1% 1,2% 1,1% 1,2% 1,1% 1,1% 1,0% 0,2% 0,1% 4,3% 0,9% 0,8% 0,6% 0,2% 24,7% 0,3% 0,1% 6,3% 1,1% 0,9% 1,1% 0,8% 12,4% 0,3% 0,1% 6,8% 1,1% 0,9% 1,0% 1,1% 11,0% 0,3% 0,1% 7,0% 0,9% 0,9% 0,9% 1,1% 9,1% Source: Data of the Lithuanian Department of Migration 39 Table 1.16. Acquisition of Lithuanian citizenship by previous nationality (2004-2014) (%) Year Stateless Russia Ukraine Belarus Armenia Other 49,2% 34,7% 4,8% 5,5% 1,1% 4,6% 2005 51,0% 32,3% 6,4% 6,0% 0,6% 3,6% 2006 49,7% 30,5% 5,4% 8,4% 2,4% 3,5% 2007 53,3% 22,5% 12,9% 4,2% 0,8% 6,3% 2008 49,5% 22,9% 12,6% 5,6% 1,9% 7,5% 2009 48,1% 26,5% 11,7% 6,8% 1,2% 5,6% 2010 40,2% 31,2% 14,1% 5,5% 1,9% 7,1% 2011 47,0% 21,3% 10,4% 7,7% 3,8% 9,8% 2012 32,9% 30,6% 11,0% 8,1% 4,6% 12,7% 2013 34,1% 27,4% 14,5% 6,7% 3,4% 14,0% 2014 Source: Data of the Lithuanian Department of Migration 40 2.3. Irregular migration The scale of irregular migration in Lithuania is not high, though after certain decrease in 2008 – 2009 is on the rise once again. Every year, around 2 000-4 000 foreigners (2 865 in 2013; 3 448 in 2014) who do not meet the entry conditions (for example by not having the required documents, visa or presenting false documents, etc.) are denied access to the territory of Lithuania. In addition, over a year, around 2 000 cases are determined already in the territory of Lithuania in which foreigners violate the requirements for entry, stay or residence in Lithuania and thus have to leave the country (2 250 cases in 2014). In 2014, around one half of these violations were made by Belarusian, Kyrgyz and Russian nationals. When Lithuania became a fully-fledged Schengen area member in 30 March 2008, it took full responsibility for protecting external EU borders (Lithuania shares external borders with the Republic of Belarus and the Russian Federation (1 070 km in total). While there were many concerns over the possible drastic expansion of irregular migration flows, over the years, the trends of irregular migration although increased, but did not show a drastic jump. The largest irregular migration flows come from the Republic of Belarus. The border is mostly crossed with attempts of illegitimate entry to the Schengen area. The main methods of irregular immigration remain the same: illegal migration across the “green” state border and illegal state border crossing by using forged documents. Among those detained for illegal border crossing dominate Georgian, Vietnamese, Afghan nationals, and to lesser degree Russian and Belarusian nationals. The year 2014 witnessed a particularly sharp increase in the number of Vietnamese citizens attempting to unlawfully enter the country. Though in general illegal border crossing cases have decreased from 477 in 2012 to 375 in 2014. Over the recent years, other forms of irregular migration have emerged. These include obtaining a visa or residence permit by setting up of fictitious companies or marriages of convenience. It has been observed that aliens often acquire the enterprises registered in Lithuania, appoint themselves as heads of the company and apply for the issue of a temporary residence permit seeking to gain access to the Schengen Area rather to carry out lawful activities. On 1 November 2014, amendments to the Law on the Legal Status of Aliens entered into force stipulating more stringent requirements for the issue of a temporary residence permit to aliens who enter to engage in lawful activities/business. The amendments introduced the requirement for an alien to participate in achieving objectives of an enterprise or in its management, also it became mandatory that an enterprise would have carried out the activities indicated in its documents of incorporation for not less than 6 months prior to the alien’s application for the issue of a temporary residence permit, that the value of the enterprise equity capital/assets would amount to not less than EUR 28 000, of which not less than EUR 14 000 would be the assets invested by the alien, and that such an enterprise had created workplaces for not less than 3 full-time employees. Since 1 November 2014, 259 applications have been lodged, that is, following the change in the conditions of the issue of a temporary residence permit on the ground of lawful activities the number of applications for the issue of a temporary residence permit on this ground has considerably decreased. 41 2.3.1. Scope and trends of irregular migration to Lithuania. Currently there are no official estimates on the possible number of irregular migrants in the country. Data is available on detected cases of illegal migration only and are recorded separately for those detected still on the border and “refused entry” and those found illegally present in the country. Since Lithuania’s accession to the Schengen Area the numbers of third country nationals refused admission was steadily increasing (2 865 cases in 2013, 3 453 in 2014 – a 20 per cent increase). The number of foreigners found to be illegally present in Lithuania are fluctuating with 1 345 cases in 2010, 1 895 cases in 2011, 2 080 in 2012, 1 910 in 2013 and 2 466 in 2014. Again, the numbers remain not high, representing approximately 5-6 per cent of all foreign residents in Lithuania. The aliens who are in breach of the terms of lawful entry, stay and residence must leave the Republic of Lithuania. In 2014, the aliens leaving Lithuania were mostly citizens of Belarus (516), Russia (365) and Kyrgyzstan (325) who have violated the conditions of legal stay in the Republic of Lithuania. If an alien fails to voluntary comply with a return decision within the period granted to him (7-30 days), he is expelled from the Republic of Lithuania. In 2014, expulsion from the Republic of Lithuania was applied in respect of 362 aliens, most of them being citizens of Vietnam (185), Georgia (95), Russia (30) and Belarus (12). In comparison, in 2013, expulsion was applied in respect of 279 aliens, the majority of whom were citizens of Georgia (173). The number of irregular migrants who were trying to misuse asylum system and whose asylum applications therefore have been rejected was also increasing and even has doubled during the period of 2009-2012 (155 rejections in 2009, 180 in 2010, 280 in 2011 and 335 in 2012), but was followed by a sharp decrease to 115 rejection cases in 2013 and 106 in 2014. Since the transposition of the Council Directive 2001/51/EC (Carriers Directive) in 2006 there have been only slightly more than 100 cases when carriers have been prosecuted for transportation of aliens without necessary documents. 2.3.2. Refused admission According to the Law on the Legal Status of Aliens, a foreigner is refused admission to the Republic of Lithuania if he fails to provide a valid travel document, does not have a valid visa or other permit allowing stay in Lithuania if it is required, provides fraudulent documents, has overstayed the period of time authorized on a visa, there is a suspicion that the foreigner might be involved in criminal activity or has committed serious crimes against humanity, is entered in the list of foreigners who are banned entry to the Republic of Lithuania or the EU, or has insulted the officers who are issuing a visa. The number of migrants who were refused admission has been steadily falling since Lithuania joined the EU in 2004, with only slight increases during 2010-2012 period, and quite sharp increase in 2013-2014; (and shows a tendency of catching up to the level of pre-accession period) 3448 42 migrants were refused entry in 2014 compared to 4777 in 2004) (Table 2.3.1.). In 2014, 86% of migrants who were refused entry were citizens of the Republic of Belarus or the Russian Federation (including Russians transiting Lithuania from mainland Russia to Kaliningrad Oblast of the Russian Federation) (Table 2.3.10.) The Russians made almost a half of all persons refused entry in 2014. Table 2.3.1. Number of persons refused entry, 2004-2014 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total number of thirdcountry 4 774 3 165 3 029 2 937 2 208 1 751 1 967 2 215 2 215 nationals refused entry Source: State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania 2013 2014 2865 3448 The most common grounds for admission refusal in 2014 were absence of a valid visa or residence permit (1383) or absence of appropriate documents justifying the aim and conditions of stay (753) (Table 2.3.2.). The same reasons for refusing admission were dominant in 2013 and 2012 as well. However, the number of persons considered to be a public threat increased more than twice in 2014 (in comparison to 2013), becoming one of the dominant grounds for refusal of entry. Table 2.3.2. Grounds for refusal of entry, 2014 2013 2014 No valid travel document 5 95 False/counterfeit/forged travel document 2 0 1 436 1 383 2 13 Purpose and conditions of stay not justified 633 753 Person already stayed 3 months in a 6-months period 48 169 No sufficient means of subsistence 329 276 An alert has been issued 133 122 Person considered to be a public threat 277 637 No valid visa or residence permit False visa or residence permit Source: State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania Attempts to enter Lithuania with false visa or residence permits are not numerous: 2 in cases fixed 2013 and 13 in 2014. While for the period of 2006-2010 the numbers of refusal to entry on the ground of not having sufficient means of subsistence were steadily decreasing (from 230 in 2006 to only 39 cases in 2010), the numbers reached 329 cases in 2013 and went downwards again with 276 cases in 2014 (Table 2.3.9.) 43 Table 2.3.3. Type of border where refused entry in 2005-2014 Type of border/ year Land Sea Air 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2 729 287 149 3 165 2 791 125 113 3 029 2 702 106 129 2 937 2 036 67 105 2 208 1 657 50 44 1 751 1 871 41 55 1 967 2 099 35 81 2 215 2 127 37 51 2 215 2810 16 39 2865 3 211 74 163 3 448 TOTAL Source: State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania 2.3.3. Irregular stay and residence Third country nationals found to be illegally present in Lithuania Numbers of third country nationals found to be illegally present in Lithuania were not high and consisted of around 1 000 persons per year during 2005 – 2008. Since 2009 an upward trend can be traced: 2 080 cases in 2012, 1 910 in 2013 and 2 466 in 2014. Table 2.3.4. Third country nationals found to be illegally present in Lithuania in 2005-2014 Total number of third-country nationals found to be illegally present 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1 182 1 166 1 045 910 1 495 1 345 1 895 2 080 1 910 2 466 * Data on the number of foreigners obliged to leave, apprehended for over 48 hours and on those for whom alternative detention measures have been applied Source: Migration Services and State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania. Most of those illegal migrants are male (79.3 per cent in 2014), adults form over 92 per cent. In 2014, the proportion of minors remained relatively low – children aged bellow 18 formed 7.5 per cent. Nationals of five main countries – Belarus, Kyrgyzstan, Russia, Vietnam, Georgia, Kazakhstan and Tajikistan – form more than 87 per cent of all irregular migrants in Lithuania. Chart 2.3.1. Top 10 countries of irregular migrants found to be illegally present in Lithuania, 2014 563 600 500 441 438 400 298 300 200 100 176 123 117 75 46 23 0 Source: State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania 44 2.3.4. Detention of irregular migrants Foreigners who breach the Law on the Legal Status of Aliens and either enter, stay, or try to leave Lithuania illegally can be subject to detention. Detention is used when arrangements for expulsion or forced return are made, if foreigners do not collaborate with the officers and on some other grounds. Alternative means to detention are also foreseen by the Law, though in practice are implemented rarely. Detected irregular migrants can be detained by police for a period not exceeding 48 hours. If there are grounds for detaining a foreigner for a period of over 48 hours, this is done on a court order. Chart 2.3.2. Irregular migrants detained, total (2004-2014) 800 699 679 700 612 600 473 500 400 301 300 200 323 292 251 173 208 177 100 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Source: State Border Guard Service and Migration Department under the Ministry of the Interior of the Republic of Lithuania The number of detention cases has been constantly increasing since 2009 with an exception in year 2013 (612 cases). In 2014 the figure slightly increased again and reached 699. In 2014, the dominant nationalities among foreigners that were detained or subject to alternative measures were nationals from Asian states, as well as Russia and Georgia. In 2014 of all detentions 407 persons were detained for up to 48 hours, while 292 persons stayed in detention over 48 hours, meaning that court decision had to be obtained. In 2014 also 55 cases were fixed when alternative measures to detention were applied (a six-fold increase from 9 cases in 2013); however, this composes only 7.7 per cent of all foreigners subject to detention or alternative measures. 45 Table 2.3.6. Number of aliens who were detained for up to 48 hours for illegal entry to and (or) illegal stay in the territory of the Republic of Lithuania or subject to Alternative Detention Measure in 2014, by country of origin Number of aliens Alien’s country of origin European states, including: - Belarusian - Georgian - Russian Asian states African states North American states Stateless Unknown In total Detained only for 48 hours Those subject to Alternative Detention Measure (except lodging in the Aliens’ Registration Centre not applying restrictions to freedom of movement) Detained for over 48 hours Accommodated at the Aliens’ Registration Centre not applying restrictions to freedom of movement 116 15 123 11 12 74 23 271 7 1 11 2 35 1 8 88 23 159 4 9 2 4 - 1 - 1 - 5 7 407 2 2 55 4 - 1 - 292 15 Sources: Migration Yearbook 2014. Table 2.3.5. Number of aliens who were detained for more than 48 hours for illegal entry to and (or) stay in the territory of the Republic of Lithuania from 2007 to 2014 by country of origin Alien’s country of origin European states, including: - Belarusian - Georgian - Russian Asian states African states North American states Central and South American states Stateless Unknown In total Source: Migration Yearbook 2014. Number of aliens 2009 2010 2011 2012 2013 2014 2007 2008 102 95 124 99 189 281 236 123 32 39 19 7 - 31 10 32 43 16 - 18 50 37 76 4 - 9 49 20 27 5 1 7 139 24 37 8 - 15 231 27 79 10 - 15 181 27 120 5 - 8 88 23 159 4 1 2 3 - - - - - - n/i 15 n/i - n/i 8 8 - 7 - 145 157 212 140 241 5 375 2 363 4 1 292 46 2.3.5. Smuggling and organized illegal border crossing In 2014, 54 persons (in 2013 – 25) were arrested for illegal smuggling of migrants. Among smugglers were citizens of Lithuania, Latvia, Poland, Russian Federation, Armenia, Pakistan, Vietnam, and Switzerland. In 2014, the majority of the smugglers were citizens of Lithuania. Compared with 2013, in 2014 more smugglers were nationals of neighbouring Latvia and Estonia (nationals of these countries were mainly smuggling Vietnam citizens); additionally, the number of Russian smugglers increased. In 2014, nationals of Vietnamese and Kyrgyzstan also emerged as migrant (mostly nationals of their countries) smugglers. 2.3.6. Removal of irregular migrants. Persons, who are found to be illegally staying in Lithuania, are obliged to leave the country. They can either do so voluntarily (individually or with the help of IOM’s assisted voluntary return and reintegration programme) or they will be removed. In the field of return of aliens, institutional responsibilities and procedures have not undergone any major changes since 2008. The amendments to the LLSA adopted on 8 December 2011 harmonised the provisions of the LLSA with the provisions of Directive 2008/115/EC (Return Directive), but return procedures have not been substantially changed, and the competence of the institutions implementing these procedures remains unchanged. In the field of return the following 3 types of decisions are adopted: 1) A decision to return (formerly the obligation to depart) – an alien is granted a period from 7 to 30 days (this period can be extended if necessary) to voluntarily depart from Lithuania. Unaccompanied minor aliens are returned to a foreign state only when such a decision serves the best interests of the minors. 2) Obligation to depart – a version of the decision to return intended for the aliens entitled to reside or stay in another European Union Member State or a member country of the European Free Trade Association. These aliens will be granted a period of up to 30 days during which they can voluntarily depart from Lithuania to a Member State which they are entitled to enter for stay or residence (e.g., who have a residence permit or national visa issued by another European Union Member State or a member country of the European Free Trade Association). 3) A decision to expel – a decision under which an alien is expelled from Lithuania. This decision is adopted in respect of the aliens who are illegally staying in Lithuania and who entered Lithuania without having the right to enter it; the aliens who fail to depart voluntarily within the voluntary departure period granted to them, and the aliens whose stay in Lithuania constitutes a threat to national security or public order will also be expelled. As it can be seen from statistical data the first type of decisions dominate and the numbers of orders issued to third country nationals obliging them to leave Lithuania since 2008 show a stable growth tendency with a slight drop to 1 533 fixed cases in 2013 (compared to 1711 cases in 2012). In 2014, 1 895 aliens were obliged to depart from Lithuania. 47 Table 2.3.7. Aliens obliged to depart (voluntarily) from Lithuania and expelled (2006-2014) Obliged to depart/ return 2006 2007 2008 2009 2010 2011 2012 2013 2014 1002 898 759 1035 1188 1618 1711 1533 1895 149 147 123 144 137 125 236 279 362 Expelled Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. Increase in decisions to return has been reported for almost all migrant nationalities in 2014. Especially obvious increase is seen due to higher number of nationals from Asian states obliged to depart: and increase from 239 in 2010 to 733 in 2014. (Table 2.3.14). Chart 3.4 Foreigners obliged to depart from the Republic of Lithuania, 2002-2014 2000 1895 1800 1618 1711 1533 1600 1400 1188 1200 1024 1035 1002 898 1000 759 800 600 400 477 569 244 200 0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 *Both return decision and obligation to depart compose the number. Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania Most migrants, issued decision to return, leave the country on their own, but if they do not possess enough means, proper documents or are in vulnerable situation, they may apply for Assisted Voluntary Return programme operated by IOM Vilnius office. Even though officially Voluntary return scheme is given priority to forced returns/ deportations, numbers of assisted voluntary return cases are still not high. However, the need for such services is increasing. Table 2.3.8 Number of migrants returned by Assisted Voluntary Return Programmes Year 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Number of assisted 35 3 12 15 55 47 65 43 66 returnees Source: IOM Vilnius Office Total 298 48 On the other hand, number of forced return is not high as well. More so, there has been traced a steady decline of expulsions of aliens from the Republic of Lithuania from 2003 onwards 2011. However some changes in legislation made it practically impossible for any migrant who entered Lithuania illegally to return voluntarily (these provisions are again under revision) and a swift increase in deportations in 2012-2014 manifested, reaching 362 persons in 2014. (Chart 3.5.). Negotiations are ongoing regarding ways of making EU provision, that voluntary return should be given priority to deportations, work in practice. Chart 3.5. Foreigners expelled from the Republic of Lithuania, 2003-2014. 400 376 362 350 300 279 236 250 206 200 189 149 150 147 144 137 2009 2010 123 125 100 50 0 2003 2004 2005 2006 2007 2008 2011 2012 2013 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania 2014 49 Annexes/ Tables Third country nationals refused entry at the external borders Table 2.3.9. Grounds for refusal of entry in 2005-2014 No valid travel document False/counterfeit/forged travel document No valid visa or residence permit False visa or residence permit* Purpose and conditions of stay not justified Person already stayed 3 months in a 6-months period No sufficient means of subsistence An alert has been issued Person considered to be a public threat 2005 219 2006 104 2007 87 2008 25 2009 22 2010 15 2011 21 2012 8 23 17 16 22 12 3 9 8 2 592 2 454 2 435 1 624 1 321 1 455 1 492 1 348 5 21 55 23 7 303 191 169 224 405 146 96 149 2 9 19 24 16 17 47 39 103 126 87 100 158 120 227 138 63 230 133 51 4 8 32 122 118 120 83 47 63 * Information on these grounds was not collected prior to 2008. Source: State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania. 55 2013 5 2 2014 95 - 1 436 1 383 2 13 633 753 48 169 329 276 133 277 127 637 50 Table 2.3.10. Main 10 countries of citizenship of third-country nationals refused entry 2006 2007 2008 2009 in 2005-2014 2010 2011 2013 2012 2014 Positi on Name of the country of citizenship Total Name of the country of citizenship 1st Russia 1465 Russia 1346 Russia 1048 Russia 835 Russia 800 Russia 1003 Belarus 1074 Belarus 1278 Name of the country of citizens hip Russia 2nd Belarus 856 Belarus 707 Belarus 732 Belarus 533 Belarus 703 Belarus 850 Russia 806 Russia 1198 Belarus 1 304 3rd 4th Ukraine Kazakhstan 312 72 Ukraine Kazakhstan 352 100 Ukraine Kyrgyzstan 120 55 Ukraine Georgia 104 74 Georgia Ukraine 145 100 Georgia Ukraine 116 60 Georgia Ukraine 113 55 Georgia Ukraine 109 61 Georgia Ukraine 127 68 5th India 51 India 74 Kazakhstan 54 Moldova 41 Kyrgyzstan 60 Kyrgyzstan 53 Moldova 31 Armenia 43 n/a n/a 6th 7th 8th Stateless 43 Kyrgyzstan 64 India 33 Kazakhstan 30 Tajikistan 27 Kazakhstan 29 Kazakhstan 25 Kyrgyztan 41 n/a n/a Kyrgyzstan Moldova 40 33 Moldova Stateless 59 27 Moldova Armenia 30 20 Kyrgyzstan Tajikistan 30 25 Kazakhstan Moldova 26 30 Armenia India 21 16 Armenia Kyrgyzstan 19 16 Tajikistan Kazakhstan 31 26 n/a n/a n/a n/a 9th 10th Uzbekistan Turkey 16 14 Turkey Uzbekistan 15 15 Georgia Uzbekistan 16 15 Armenia India 18 16 India Armenia 15 10 Moldova China 15 7 Israel Tajikistan 15 14 Moldova Afganistan 11 6 n/a n/a n/a n/a Total Name of the country of citizenship Total Name of the country of citizenship Total Name of the country of citizenship Total Name of the country of citizenship Total Name of the country of citizenship Total Name of the country of citizenship Total Total 1 562 51 Third country nationals found to be illegally present Table 2.3.11. Age of migrants found to be illegally present in 2005-2014 2005 Fewer than 14 years From 14 to 17 years From 18 to 34 years 35 years or over 2006 30* 1152* 38* 1128* 2007 2008 2009 2010 2011 2012 105 2013 85 2014 105 30 40 50 107 15 20 15 43 30 17 79 410 675 555 802 900 550 1 214 455 765 720 847 1 045 648 1 068 38* 1007* Source: Migration Department and State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania Table 2.3.12. Gender of migrants found to be illegally present in 2005-2014 Male Female 2005 907* 275* 2006 855* 311* 2007 840* 205* 2008 675 235 2009 1 110 385 2010 925 420 2011 1 324 485 Source: Migration Department and State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania 2012 1 565 515 2013 2014 961 343 1957 509 52 Table 2.3.13. Main 10 countries of citizenship of migrants found to be illegally present in Lithuania in 2005-2014 2005 Position Name of the country of citizenship 1st 2006 Total Name of the country of citizenship Russia 494 2nd Belarus 3rd 2007 Total Name of the country of citizenship Russia 402 220 Ukraine Ukraine 127 4th Kazakhstan 5th 2008 Total Name of the country of citizenship Russia 241 174 Belarus Belarus 163 33 Kazakhstan Moldova 35 6th Armenia 7th Azerbaijan 8th 2009 2010 2011 2013 2012 2014 Total Total Name of the country of citizenship Name of the country of citizenship Russia 625 Kyrgystan 304 Belarus 563 484 Belarus 430 Belarus 256 Kyrgyzstan 441 Kyrgystan 180 Kyrgystan 295 Russia 255 Russia 438 97 Geogia 169 Georgia 265 Georgia 211 Vietnam 298 Kyrgystan 81 Kazakhstan 107 Kazakhstan 140 Kazakhstan 125 Georgia 176 80 Kazakhstan 65 Ukraine 74 Ukraine 70 Vietnam 68 Kazakhstan 123 80 Georgia 55 Afghanistan 46 Tajikistan 55 Tajikistan 65 Tajikistan 117 Turkey 50 Moldova 20 Uzbekistan 35 Uzbekistan 35 Uzbekistan 27 Ukraine 75 30 Armenia 30 Armenia 25 Armenia 27 Afghanistan 15 Afganistan 11 Azerbaijan 46 30 Moldova 30 India 15 Tajikistan 24 Stateless 15 Armemia 10 Armenia 23 Total Name of the country of citizenship Total Name of the country of citizenship Total Name of the country of citizenship Total Name of the country of citizenship Russia 180 Russia 515 Russia 430 Russia 591 174 Belarus 175 Belarus 330 Belarus 360 Belarus Ukraine 153 Ukraine 140 Ukraine 130 Ukraine 125 60 Kazakhstan 80 Tajikistan 97 Tajikistan 97 Tajikistan Moldova 51 Uzbekistan 28 Kyrgyzstan 81 Kyrgystan 81 16 Armenia 16 Azerbaijan 23 Tajikistan 18 Moldova 26 Kazachstan 21 Turkey 50 Kazakhstan 45 Georgia Stateless 9 Stateless 12 Azerbaijan 18 China 45 9th Turkey 8 Philippines 9 Georgia 9 Georgia 10th Pakistan 6 Turkey 6 Moldova Source: State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania Total 53 Third country nationals ordered to leave (after being found illegally present) 2.3.14. Main 10 countries of citizenship of third-country national ordered to leave in 2005-2014 2005 Position 1st Name of the country of citizenship Russia 2nd 2007 2006 465 Name of the country of citizenship Russia 372 Name of the country of citizenship Russia Belarus 184 Ukraine 169 3rd Ukraine 4th Kazakhstan 110 Belarus 33 Kazakhstan 5th Moldova 25 6th Armenia 7th Azerbaijan 2008 202 Name of the country of citizenship Russia Ukraine 142 125 Belarus 60 Kazakhstan Moldova 29 16 Armenia 12 Uzbekistan 8th Stateless 9 9th Turkey 10th Somalia 2009 143 Name of the country of citizenship Russia Belarus 140 141 Ukraine 80 Kazakhstan Uzbekistan 28 23 Tajikistan 20 Kyrgyzstan Tajikistan 19 8 Azerbaijan 6 Philippine Total 2010 2014 Total Total Name of the country of citizenship 151 Kyrgyzstan 304 Belarus 560 Belarus 31 Belarus 256 Kyrgyzstan 441 202 Kyrgyzstan 23 Russia 255 Russia 431 141 Ukraine 9 Georgia 211 Vietnam 183 Ukraine 82 Kazakhstan 8 Kazakhstan 125 Georgia 127 23 Tajikistan 53 Tajikistan 3 Vietnam 68 Kazakhstan 122 16 Uzbekistan 36 Turkey 3 Tajikistan 65 Tajikistan 116 Azerbaijan 8 Philippines 18 Vietnam 3 Uzbekistan 27 Ukraine 74 9 Moldova 7 Armenia 17 Stateless 3 Afghanistan 11 Azerbaijan 46 8 Georgia 5 Georgia 15 Pakistan 2 Armenia 10 Armenia 23 509 Name of the country of citizenship Russia 343 399 Belarus 285 Belarus 358 Belarus 470 130 Ukraine 52 Kazakhstan 99 Ukraine 74 Kazakhstan 121 Kyrgyzstan 69 Kazakhstan Tajikistan 20 Tajikistan 21 Kyrgyzstan 29 26 Kyrgyzstan 20 Azerbaijan 19 Kyrgyzstan 16 Azerbaijan 20 Tajikistan 15 Uzbekistan Azerbaijan 18 Turkey 15 Turkey 13 14 Moldova 9 Georgia 9 Armenia 9 Uzbekistan 14 Armenia 10 Uzbekistan Total 2013 Total Name of the country of citizenship Russia Total 2012 Name of the country of citizenship Name of the country of citizenship Russia Total 2011 Total Total Total Source: State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania. 54 2.4. Refugees and asylum seekers. 4.1.1. General trends According to statistics, since 2009 the number of asylum applications was steadily increasing with a sharp drop (approx. 40 per cent) in 2013 – to 399 applications only. This was the lowest figure during the whole decade. In 2014 the number again increased to 496 (Table 4.1). Chart 4.1. Number of Aliens’ Applications for Asylum in the Republic of Lithuania, by Nationality 2004–2014 700 628 600 528 500 458 454 472 503 527 496 449 406 399 400 300 200 100 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. Asylum applications in Lithuania are divided into those which are submitted for the first time (for 1 year) and the repeated applications. The data above does not indicate the trend of inflow of asylum seekers, since a large amount of submitted applications form repeated asylum applications, i.e. when aliens granted subsidiary protection are applying to extend their status. This type of protection can be extended for a number of years in a row (the number of times to extend subsidiary protection is not capped). Until 2009 the number of repeated applications was higher than the first-time lodged, however, since 2010 the trend has changed (Table 4.1). Significant increase is noted in 2012, when the number of first-time asylum applications was five times higher than the repeated ones, respectively 529 and 98. Such a change might be explained by 2 reasons: non-renewal of subsidiary protection for Chechen nationals/ Russian Federation and the inflow of Georgian nationals arriving to seek asylum and having no ground for it, which started in 2010 and continued till 2012. In 2014, the number of first-time asylum applications increased to 400 and 4 times exceeded the number of repeated applications. 55 Table 4.1. First time and repeated applications13 to grant asylum in Lithuania 2004– 2014 Year First-time asylum applications Repeated asylum applications 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 167 118 147 116 210 211 373 406 529 277 400 291 288 307 356 318 238 130 121 98 122 96 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 4.1.2. Type of protection granted In 2014, 447 decisions were adopted on granting/refusal of asylum in the Republic of Lithuania which is 32 per cent more than in 2013 (381 decisions). In 2014, 24 persons were granted refugee status (amounting to 5 per cent of all decisions made), 153 persons received subsidiary protection (or 34 per cent of all decisions), 106 applications were refused asylum, 151 cases were terminated, 13 asylum applications were not examined in substance – decisions were taken to return asylum seekers to the EU member state responsible for examination of the asylum application according to the Dublin II Regulation. During the last decade the proportion of positive decisions was steadily decreasing – from 80 per cent in mid-2000 to less than 20 per cent in 2011-2012. The 2013 mark the change in established trend – positive decisions accounted for more than one third (35 per cent) of total decisions regarding asylum. In 2014, the number of positive decisions continued to increase and almost reached 40 per cent of total decisions. If refusal rates are considered, the opposite trend can be traced. The number of rejected applications was continuously increasing from 30 in 2005 (12 per cent) to 335 in 2012 – more than 50 per cent. However, in 2013 the number of rejections was three times fewer and amounted to only 115 (approx. each third application was rejected). In 2014 the number further decreased to 106 rejections. The reason of such fall down in numbers is not only the decrease in total number of asylum applications, but the changes in corps of asylum applicants, i.e. decreased applications from Georgian nationals, as Georgia is considered a safe third country by state officials. It has been observed that the number of decisions to terminate the examination of applications for asylum that are taken when there is no opportunity to contact an asylum seeker for a period of one month (he/she leaves his/her place of residence and fails to appear at interviews) has also been increasing. Even though in 2014 this figure amounted to 34 per cent out of total adopted decisions (31 per cent in 2013), but as compared with 2008, the figure has increased 13 The number does not include asylum applications from aliens transferred from other ES states under Dublin procedure. 56 significantly – in 2008 such decisions amounted to 6 percent only, in 2006 to barely 4 percent out of the total number of decisions adopted that year. Chart 4.2. Decisions taken on asylum applications 2003-2014 600 500 485 407 385 400 393 350 328 335 280 300 221 180 200 155 123 110 100 56 3 0 2002 50 12 30 15 2004 29 12 51 2006 49 14 9 11 2008 Subsidiary protection granted 1 88 7 2010 153 111 115 106 13 15 24 2012 Refugee status granted 2014 2016 Protection not granted Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania Table 4.2. Granting Asylum to Aliens in the Republic of Lithuania Year 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Refugee Status granted Subsidiary protection granted 6 28 11 15 3 1 3 12 15 12 9 14 11 1 7 13 15 24 80 266 287 485 407 328 385 393 350 221 110 88 111 123 153 Rejection of application for asylum 53 116 171 113 58 37 56 50 30 29 51 49 155 180 280 335 115 106 Examination of application terminated 108 104 200 97 55 230 91 7 16 32 28 98 209 146 169 124 151 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 57 In addition there appear single cases (increase in the beginning of 2009) when temporary residence permits are issued to aliens, though subsidiary protection status is not extended, since they cannot be expelled from the Republic of Lithuania to the country of origin due to objective reasons. The numbers, though fluctuating, remain low with only 8 such cases in 2013 (down from 27 in 2011). As can be seen from the Table 4.3., most of such migrants are stateless persons. Table 4.3. Number of temporary residence permits issued to aliens, whose subsidiary protection status was not extended, but who could not be expelled from the Republic of Lithuania due to objective reasons, 2007-201314. Nationality Angola Belarus Congo DR Congo Cuba Pakistan Kyrgyzstan Russia Sri Lanka Cameroon Ukraine Uzbekistan Vietnam Stateless Total 2007 1 1 2008 1 2009 2010 1 2 2011 2012 1 1 3 2 1 2 1 1 4 3 3 1 1 1 1 2013 2014 8 … 2 1 1 2 1 2 7 4 1 9 27 1 6 19 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 4.1.3. Nationalities Applications. In 2014, as well as in 2010-2013, the major part of asylum seekers consisted of Georgian citizens (24 percent - 117 applications out of total 496; Table 4.4.). The second largest group of asylum seekers were citizens of Afghanistan (99 applications). The number of applications from citizens of the Russian Federation remained similar as compared with 2013 (74 applications in 2014 and 72 applications in 2013). However, the number of asylum seekers from the Ukraine increased dramatically (70 applications in 2014, 5 applications in 2013 and 2012), as well as the number of applications from citizens of Azerbaijan (from 4 in 2013 to 19 in 2014). The number of applications from citizens of the neighbouring Belarus remained relatively low, – 16 applications in 2014. The crisis in Syria had practically no influence on the flows of asylum seekers – only 17 applications for asylum in Lithuania were received from citizens of Syria, 11 of them were granted subsidiary protection in 2014. 14 Data might include also cases of non-refoulement of other types of migrants, not asylum seekers. 58 Refugee status. In 2014, refugee status was granted to citizens of Russia (11), Afghanistan (10), Belarus (1), Kazakhstan (1), and 1 stateless person. Subsidiary protection. In 2014, subsidiary protection was granted to 51 citizens of Afghanistan, 37 citizens of Russia and 31 citizens of Ukraine (these three nationalities account for 77.6 per cents of all decisions to grant subsidiary protection). Other persons who received subsidiary protection in 2014 included nationals of Syria (11), Belarus (8), Kirgizia (4), Nepal (2), Stateless (2), Ivory Cost (1), Egypt (1), Iraq (1), USA (1), Uzbekistan (1), Tajikistan (1), and Georgia (1) nationals. Chart 4.3. Number of aliens’ applications for asylum according to citizenship 2014 (in per cent) Other 20% Georgia 24% Belarus 3% Azerbaijan 4% Afghanistan 20% Ukraine 14% Russia 15% Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. Table 4.4. Main nationalities of aliens’ asylum applicants in Lithuania 2004–2014 Nationality 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Afghanistan Armenia Azerbaijan Belarus Georgia Iraq Cuba Pakistan Russia Sri Lanka Ukraine Uzbekistan Vietnam Stateless Others Total: 28 1 20 - 23 1 22 5 16 2 16 3 4 2 2 20 358 4 3 4 5 2 342 4 7 4 4 1 7 369 2 7 13 2 3 2 366 1 15 9 4 8 7 415 7 14 76 14 2 8 243 18 1 14 24 458 5 25 410 6 5 30 459 6 6 7 40 480 12 1 2 42 540 10 3 10 32 449 37 22 4 13 249 6 1 113 10 1 6 12 3 26 503 55 28 20 229 8 1 111 3 8 7 57 527 93 1 3 19 305 4 3 87 3 5 6 47 13 38 86 8 4 21 121 1 1 2 72 5 2 26 5 45 99 1 19 16 117 5 4 74 1 70 1 28 6 55 627 399 496 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 59 4.1.4. Demographic characteristics of asylum applicants Men domination among asylum applicants is clearly expressed – in 2014 they lodged 68 per cent of all applications for protection (Chart 4.4.). Dividing asylum seekers according to the age groups (Table 4.5.) shows that the majority of them in 2014 were young people – persons aged 18 - 34 formed nearly half of all asylum applicants (49 percent). Chart 4.4. Asylum applications in 2014 by gender (in per cent) 32% Male Female 68% Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. Table 4.5. Asylum applications in 2014 by age groups Age Number of applications Number of applications in per cent 0-17 18-34 35-64 65 and over 111 242 140 3 22% 49% 28% 1% Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 4.1.5. Unaccompanied Minors In Lithuania, to be recognized as an unaccompanied minor asylum seeker, one has to be under 18 years of age and has to arrive in Lithuania without parents or other legal guardians or be left without parental guidance after having entered the territory of Lithuania. Unaccompanied minors are placed under guardianship or appropriate care and free accommodation in the Republic of Lithuania. Moreover, their living costs are covered from the state budget, they have access to medical care and legal aid, receive social services and have a right to attend comprehensive or vocational schools. The numbers of unaccompanied minors seeking asylum in the Republic of Lithuania are low, and after peak in 2004 (39) decreased to 1 in 2008, later fluctuating at a low level, but without pronounced trend. (Table 4.14.). 60 In 2014, among 111 children applying for asylum in the Republic of Lithuania there were 5 unaccompanied minors – 4 from Vietnam and 1 from Afghanistan. This accounts to 4.5 per cent of all children seeking asylum and 1 per cent of all asylum seekers in 2014. It should be noted that statistical data on unaccompanied minors who do not apply for asylum and on minors who are refused entry is not gathered. In some cases minors are not informed about the possibility to claim asylum or are not able to provide a properly filled in request and therefore are refused entry. No data on detention of unaccompanied minors is available either. While extensive support is envisioned for unaccompanied minors-asylum seekers, minors who do not seek asylum are treated as ordinary irregular migrants. This is rather problematic as it contradicts the principle of the best interest of a child and questions whether the protection may be rejected in the cases when it should be granted. 4.1.6. Implementation of the Dublin II regulation provisions The Dublin II regulation was implemented in Lithuania starting from May 1, in 2004. It determines whether a state is responsible for an asylum seeker or not, in regard to through which country the person entered the European Union, where she or he is staying and where the asylum application is lodged. The regulation is supplemented by the EURODAC and DubliNet systems providing evidence through collecting and matching fingerprints. This instrument prevents the same asylum seeker from submitting an asylum application for several times in different member states. The Regulation is also applied for Iceland, Norway, Switzerland and Liechtenstein. As it can be seen from the Table 4.6., the number of incoming requests for taking over responsibility to examine asylum applications increased drastically from 36 in 2007 to 485 in 2014. In 2014, the majority of requests (362) have been accepted and the responsibility for examination of the applications has been assumed, and 123 requests have been refused. The majority of requests to assume responsibility were submitted by Germany (192) and Sweden (72). The majority of the requests were concerning citizens of Georgia (119 requests or 24.5 per cent of all requests), Azerbaijan (51 requests or 10.5 per cent), and Russian Federation (50 requests or 10 per cent). Completely different situation if outgoing requests are considered: statistics is rather stable with some downward trend until 2014, when the number increased again (Table 4.7.). In 2014 Lithuania has submitted 23 requests to other Member States requesting assumption of responsibility regarding the examination of the application for asylum, 14 asylum seekers were transferred from Lithuania to other Member States, most to Sweden (4), Poland (3) and Belgium (3). 61 Table 4.6. Incoming requests for taking responsibility to examine asylum applications in 2014 Requesting state Requests Refused requests Accepted requests Transferred aliens Austria Belgium Czech Republic Denmark Estonia Finland France Germany Hungary Iceland Italy Latvia Lichtenstein Luxembourg Netherlands Norway Poland Romania Slovakia Spain Sweden Switzerland United Kingdom Total (2014) Total (2013) Total (2012) Total (2011) Total (2010) Total (2009) Total (2008) Total (2007) 18 17 4 7 2 14 37 192 1 1 2 4 2 1 36 17 17 2 2 8 72 25 4 485 453 562 481 490 280 137 36 2 7 1 2 4 17 50 1 2 2 1 1 5 2 2 20 3 1 123 100 66 53 58 26 8 14 16 10 3 5 2 10 20 142 1 4 35 12 17 8 52 22 3 362 353 496 422 400 222 119 26 14 2 1 1 4 1 14 2 1 4 4 11 6 2 67 108 126 119 108 28 27 20 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. Table 4.7. Outgoing requests for taking responsibility to examine asylum application for 2014 Requested state Austria Belgium France Germany Italy Poland Spain Sweden Total (2014) Total (2013) Total (2012) Total (2011) Total (2010) Total (2009) Total (2008) Total (2007) Requests Refused requests Accepted requests Transferred foreigners 2 3 1 7 1 4 1 4 23 15 19 22 19 44 35 10 1 4 1 6 6 6 4 9 25 2 5 3 1 2 3 1 4 14 10 12 16 5 17 33 5 1 1 2 3 1 4 12 9 7 11 2 7 32 4 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 62 4.1.7. Integration All persons granted asylum in Lithuania are entitled to one-year integration program and supported by the Government of the Republic of Lithuania. According to the law “On the Legal Status of Aliens” they are entitled to: state language teaching, education, employment, provision with accommodation (access to free accommodation in the place designated by the Government of the Republic of Lithuania), social protection (to receive a monetary allowance if they have no other income in the Republic of Lithuania, to receive emergency care and necessary assistance in terms of social care), health care, and to be provided with all the necessary information regarding their legal status in the Republic of Lithuania in their native language or in a language which they understand. In 2014, 92 aliens granted asylum were receiving state support for integration in municipalities and 175 in Refugee Reception centre in Rukla. Chart 4.5. State integration support to Aliens, granted asylum in Lithuania, in municipalities 2001–2014 450 404 400 361 350 279 300 250 223 186 200 150 297 269 129 128 102 100 36 50 56 76 92 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Source: Refugee Reception Centre under the Ministry of Social Security and Labour. 4.1.8. Court proceedings As can be seen from Table 4.8., the majority of negative decisions (58 per cent in 2014) are appealed. In 2014 the Courts (Vilnius District Administrative Court and Supreme Administrative Court) have examined 62 appeal cases. Most of these cases come from Vilnius Regional Administrative Court (first instance) – 47 cases compared to 15 of the Supreme Administrative Court (24 per cent). The decisions made by the Vilnius Regional Administrative Court are overwhelmingly negative/ i.e. not to satisfy complaints of asylum seekers and leaving the decisions made by Migration department. In 33 cases out of the total, the judgement was to leave the decision adopted by the Migration Department unchanged and not to satisfy the appeal, no decisions of the Migration Department were annulled by the Court and the cases were returned to be repeatedly examined, the hearing the of appeals was terminated or appeals were left unheard in another 14 cases. 63 Table 4.8. Appeals against asylum decisions in courts 2006-2014 Submitted Decisions in first instance courts appeals Decisions Total (% from Appeal to refuse Year decisions decisions Appeal Case granted asylum to refuse dismissed (fully or dismissed asylum) partially) 2006 2007 2008 2009 2010 2011 2012 2013 2014 444 490 465 495 504 529 632 381 447 47 88 101 155 180 280 355 115 106 47 (100%) 75 (85%) 83 (82%) 135 (87%) 95 (53%) 216 (77%) 270 (77%) 167 62 (58 %) 24 35 50 85 55 83 134 110 33 11 7 3 3 6 2 9 3 0 2 4 7 16 89 87 28 14 Decisions in appeals instance courts Appeal dismissed 8 23 16 10 25 38 32 14 11 Appeal Case granted (fully or dismissed partially) 2 1 4 4 7 2 3 1 2 5 3 18 2 2 5 11 2 Appeals granted (fully or partially) (%) 13(27.6%) 8 (10.7%) 7 (8.4%) 7 (5.5%) 13 (13.7%) 4 (1.9%) 12 (4.4%) 4 (2.4%) 2 (3.2%) Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania In 2014, the officers of the Division of Asylum Affairs represented the Migration Department in the Supreme Administrative Court of Lithuania in examining 15 cases; in 11 cases out of the total, the judgements not to satisfy the appeals and leave the judgements of the Vilnius Regional Administrative Court to leave the decision adopted by the Migration Department unchanged were adopted. In 2 cases the hearing of appeals was terminated or appeals were left unheard. The decision to dismiss a case is made when it is not possible to reach complainant in the period of one month. In 2014, 2 decisions were made to revoke the decision made by Migration Department in Courts, (in 2013 – 4, in 2012 – 12). Appeals by nationality In 2014, appeals of nationals of the following countries were heard in Vilnius Regional Administrative Court: Georgia (11), Russian Federation (9), Vietnam (9), India (5), Guinea (3), Afghanistan (1), Armenia (1), USA (1), Cuba (1), Morocco (1), Nigeria (1), Kazakhstan (1), Syria (1), and Pakistan (1). In 2014, the Supreme Administrative Court examined 15 appeals of nationals of Afghanistan (2), Belarus (2), Guinea (2), India (2), Kirghizia (2), Cuba (1), Morocco (1), Russian Federation (1), Pakistan (1) and Vietnam (1). 4.1.9. Returns On the basis of legislation in Lithuania rejected asylum seekers and irregular immigrants can be expelled or ordered to leave the country voluntarily. Aliens have the possibility to use the assisted voluntary return (AVR) scheme/ services provided by the International Organization for Migration (IOM) Vilnius office. 64 Assisted Voluntary Return Table 4.9. The number of aliens who voluntarily departed from the Republic of Lithuania with assistance of the Vilnius Office of the International Organization for Migration Year AVR returnees Of which asylum applicants Beneficiaries of reintegration assistance 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Total 35 3 12 15 - 55 47 65 45 66 343 - - 11 12 - 44 41 50 33 35 226 - - - - - 4 5 14 8 21 52 Source: IOM Vilnius office In recent years, the number of asylum seekers applying/using services of Assisted Voluntary Return is getting rather significant. From January 2010 to December 2014, out of 278 migrants who decided to return voluntarily to their countries of origin, 203 were asylum seekers. Expulsion If an alien, rejected asylum seeker refuses to return voluntarily, he has to be treated under the forced return-expulsion scheme. Forced returns are implemented by the State Border Guard Service under the Ministry of Interior. (See also chapter 2.3). 65 Table 4.10. Number of Aliens’ Applications for Asylum in the Republic of Lithuania and of Decisions Taken in 2014 Asylum applications Citizenship Decisions Positive decisions First applications Second applications Returned by the Dublin II Total Refugee status Subsidiary protection Rejected Terminated cases To transfer by the Dublin II Total Afghanistan Armenia Azerbaijan Belarus Benin Cameron D.R.Congo Egypt Georgia Germany Guinea India Iran Iraq Ivory Coast Kazakhstan Kirghizia Mali Mexico Nepal Nigeria Pakistan Russia Sri Lanka Stateless Syria Tadzhikistan Ukraine USA Uzbekistan Vietnam Total (2014) 68 1 7 1 2 2 104 1 7 4 1 1 4 4 26 1 3 8 1 64 1 28 339 30 8 7 1 1 4 1 1 39 3 9 1 3 1 1 110 1 19 1 1 6 1 1 1 1 10 3 3 48 99 1 19 16 1 1 2 2 117 1 8 1 5 2 5 1 1 2 4 4 74 1 6 17 5 70 2 1 28 496 10 1 1 11 1 24 51 8 1 1 1 1 4 2 37 2 11 1 31 1 1 153 2 1 1 1 33 3 7 1 1 1 1 3 3 16 1 2 1 1 7 1 19 106 18 16 2 2 70 1 8 1 1 1 1 9 1 4 2 8 6 151 1 1 1 7 3 13 81 1 16 13 2 2 105 1 3 15 1 1 1 3 4 1 1 3 5 4 80 1 6 16 4 49 2 1 25 447 Total (2013) 262 103 Total (2012) Total (2011) Total (2010) 499 362 362 84 81 101 34 399 15 123 115 124 4 381 44 84 40 627 527 503 13 7 1 111 88 110 335 280 180 169 146 209 4 8 5 632 529 504 66 Total (2009) Total (2008) Total (2007) Total (2006) Total (2005) 185 210 116 147 118 227 318 356 307 288 37 12 8 5 4 449 540 480 459 410 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania 11 14 9 12 15 221 350 393 385 328 155 49 51 29 30 98 28 32 16 7 14 24 5 2 4 495 465 490 444 384 67 Table 4.11. (extended) Number of Aliens’ Applications for Asylum in the Republic of Lithuania, by Nationality 2001-2014 Nationality Afghan Albanian Algerian Angolan Armenian Australian Austrian Azerbaijani Bangladeshi Belarusian Benin Cameroonian Canadian Chinese Congolese DR Cuban Dutch Egyptian Eritrean Estonian Ethiopian Filipino Georgian German Ghanaian Guinean Indian Iranian Iraqi Israeli Ivory Coast Kazakh Kirghiz Latvian Lebanese Liberian Libyan Malian Mexican Moldavian Mongolian Moroccan Nepalese Niger Nigerian Pakistani Polish Russian Serbian Sierra Leonean Somali Sri Lankan Stateless Sudanese Syrian Tajik Togolese Turkish Ukrainian USA Uzbek Vietnamese Yemeni Zimbabwean Total: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 71 28 25 28 20 23 22 16 16 37 1 55 93 86 99 5 1 1 2 3 22 28 1 8 1 3 4 19 19 21 16 1 1 1 1 1 1 7 1 1 3 1 1 1 5 1 6 1 1 2 12 2 4 1 2 1 1 3 2 7 1 7 15 14 4 1 13 1 3 3 6 6 1 1 1 1 3 1 3 2 4 8 20 1 1 2 1 1 2 2 1 1 5 1 3 1 6 1 2 2 305 121 117 1 1 3 1 2 4 1 1 4 4 3 13 9 76 249 1 4 7 1 14 1 2 6 1 8 4 1 1 1 5 1 2 3 2 30 2 1 1 1 229 3 6 1 5 1 2 1 1 8 1 3 1 1 25 1 1 2 3 2 1 3 2 5 1 5 4 1 2 2 3 2 2 2 3 12 8 5 1 2 5 1 1 2 1 2 1 1 6 2 270 3 1 1 435 2 13 6 7 9 4 12 1 1 2 2 1 425 546 2 2 2 1 1 2 1 4 4 1 1 1 3 2 4 4 72 74 2 20 12 2 2 7 1 2 2 7 1 8 358 342 369 366 415 243 113 1 111 87 2 5 4 26 2 4 14 4 4 5 2 2 5 3 1 7 1 7 2 1 18 10 1 10 3 1 3 7 3 13 1 1 1 1 6 2 7 2 3 5 2 5 7 2 1 3 3 1 1 1 1 18 4 3 3 2 14 5 481 1 11 9 1 16 644 1 5 1 1 3 1 6 6 6 12 1 10 3 6 12 8 1 459 1 480 2 540 1 449 1 503 1 527 3 1 458 410 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 1 1 1 3 3 5 1 12 1 2 1 6 17 5 2 5 2 6 47 5 2 26 70 2 1 28 627 1 399 496 68 Table 4.12. Number of Aliens to Whom Subsidiary Protection Has Been Granted in the Republic of Lithuania, by Nationality 2001-2014 Nationality Afghan Armenian Austrian Azerbaijan Belarusian Cameroonian Chinese Congolese DR Cuban Egypt Eritrean Estonian Ethiopian German Georgian Iranian Iraqi Israeli Ivory Cost Kazakh Kirghiz Latvian Malian Nepalese Nigerian Pakistani Polish Russian Somali 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 16 2 1 12 1 16 3 26 1 21 23 21 5 15 13 14 1 16 35 41 51 8 6 1 11 2 1 2 3 2 5 3 5 4 4 14 15 8 2 1 2 1 1 2 1 1 1 1 3 1 1 3 1 3 2 1 1 1 1 1 1 2 2 1 1 1 3 1 3 1 1 2 2 1 3 5 6 4 3 4 4 5 3 1 3 1 1 1 172 1 67 1 55 1 8 6 1 3 1 2 2 1 1 1 2 1 6 6 4 1 221 1 110 2 4 2 195 8 Sri Lankan Stateless Syrian Tajik Togolese Ukrainian Uzbek USA Vietnamese Yemeni Yugoslavian Zimbabwean Total: 2 3 1 2 2 1 2 231 10 5 409 5 1 348 1 1 288 3 343 4 341 3 4 3 4 5 2 1 5 10 7 5 3 1 1 15 1 8 1 2 1 11 1 1 2 6 302 1 6 1 3 2 46 33 37 3 2 1 2 14 1 2 11 1 2 3 4 1 31 1 1 1 111 1 123 153 1 1 1 266 287 485 407 328 385 1 393 2 350 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 88 69 Table 4.13. Number of Aliens Granted the Refugee Status in the Republic of Lithuania, by Nationality 2001-2014 Nationality 2001 Afghan Armenian Belarusian Ethiopian Eritrean Iraqi Kazakh Russian Stateless Tajik Ukrainian Uzbek 3 2002 2003 2004 2005 2006 3 2007 2008 1 2009 2010 2011 2012 2013 2014 2 1 8 10 5 2 3 1 4 3 1 2 1 2 3 3 1 1 2 12 15 9 1 6 6 1 1 11 1 2 1 1 4 2 1 Total: 3 1 3 12 15 15 9 14 11 1 Source: Migration Department under the Ministry of the Interior of the Republic of Lithuania. 7 2 1 1 13 15 24 Table 4.14. Number of Unaccompanied Minors – Asylum Seekers, by Nationality and Gender 2003-2014 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Nationality M Afghan Armenian Austrian Belarusian Congolese DR Stateless Estonian Ethiopian Eritrean Georgian Guinean Indian Iraq Latvian Nigerian Pakistani Russian Sri Lankan Tajik Ukrainian Uzbek Vietnamese 1 1 Total: 12 F M F M F M F M F M F 14 M F 2 M F M 3 8 2 2 F M F M F M F 1 3 1 1 2 1 1 1 1 1 1 2 1 1 1 9 7 10 2 8 2 2 5 1 2 3 12 24 28 11 39 6 5 11 1 1 1 1 3 1 2 5 1 1 3 8 3 1 9 10 10 3 1 4 2 2 3 1 4 1 5 70 2.5. Economic (labour) migration The labour immigration policy in Lithuania is based on demand and compensation principles: TCNs are admitted only to satisfy the existing labour shortage which cannot be compensated by the national labour market itself, returning Lithuanian emigrants or EU citizens. One of the key objectives of Lithuania’s national policy is to promote the return of Lithuanian citizens who emigrated. Hence, the aim is to ensure that third-country nationals do not occupy jobs/ compete with the returning Lithuanian citizens. The main principles of labour immigration are temporality, complementarity and response to mismatch between demand and supply in the national labour market. 2.5.1. Labour market situation Demand for foreign labour is affected by the situation in the labour market. Therefore labour market trends need to be analysed in order to predict the demand for foreign labour force. In 2009 labour immigration to Lithuania felt drastically as a consequence of economic slowdown. With the recovery of the economy one can notice the growing demand for foreign workers. However, it still did not reach the pre-crisis level. Unemployment rate. In 2014, compared with the previous years, the annual average registered unemployment rate in the country continued to moderately decrease. The annual average unemployment rate of the working-age population was 9.5 per cent, or 1.4 per cent lower than the annual average registered unemployment rate in 2013. Such a trend should be linked with the overall improvement of the economic situation in the country (see Chart 1). Chart 1. Unemployment rate (%), 2009-2014 18 Unemployment rate, % 16 15,9 14 13,1 12 11,7 10 10,2 10,9 9,5 8 6 4 2 0 2009 2010 2011 2012 2013 2014 Source: Lithuanian Department of Statistics In 2014, the youth unemployment rate also continued to decrease, still in 2014, every fourth young person aged 15-24 and capable of work was unemployed. Youth unemployment is seen as one of the main causes of emigration, thus reducing the unemployment rate in this age group is a matter of importance in reducing emigration levels. 71 Chart 2. Youth unemployment (15-24 age group), 2009-2014 40 35,7 Unemployment level, % 35 32,6 30 29,6 26,7 25 21,9 20 15 19,3 13,3 10 5 0 2008 2009 2010 2011 2012 2013 2014 Source: Lithuanian Department of Statistics At the end of 2014, registered unemployed residents accounted for over 173 000, i.e. almost 28 000, or 14 per cent less than in 2013 (see Chart 3). This is the lowest rate over the 5-year period. Data on the proportion of aliens in this figure are not available. Chart 3. Number of registered unemployed in Lithuania, 2009-2014 Registered unemployed, thousands 350 312,1 300 250 247,2 216,9 200 203,1 201,3 150 173 100 50 0 2009 2010 2011 2012 2013 2014 Source: Lithuanian Department of Statistics Mismatch between labour supply and demand. Labour demand was growing. Data of the Lithuanian Labour Exchange show that in 2014, employers registered in the database of the Labour Exchange 263 000 vacancies (in 2013 – 242 000). There was a 11 per cent decrease for unskilled work. The biggest problem is not only quantitative, but also qualitative mismatch between supply and demand in the labour market. The majority of the unemployed are the persons not capable of competing in the labour market, the long-term unemployed and young people lacking the necessary professional competence or occupational skills as required by employers. Employers are facing the shortage of qualified workers, and it becomes increasingly difficult for them to find appropriately qualified professionals. The shortage of qualified workers is even referred to by entrepreneurs as a factor impeding the growth of enterprises. Another problem is an imbalanced Lithuanian education system, which should focus on the training of professionals required by Lithuanian economy/ 72 employers. It is generally agreed that immigration policy should focus on the attraction of qualified workers and researchers. However, employers believe that it is necessary to establish more flexible and liberal immigration procedures. In their opinion, this is the only way to address the acute problem of shortage of qualified workers, to attract the intellectual potential and to positively affect the competitiveness of the state. The Prime Minister of Lithuania has also spoken in favour of Lithuania attracting qualified professionals from abroad, as workforce shortage may emerge in the course of implementation of any more or less large-scale projects. 2.5.2. Entry of TCN workers with a work contract Situation. As already noted the scope of labour immigration depends on economic situation in the country and the unemployment rate (Chart 4). Economic crisis and rising unemployment particularly hit sectors where TCN workers were employed (construction, transport). As the consequence, demand for foreign labour decreased, many work contracts were terminated and TCNs had to leave the country. In 2014 the situation in the labour market continued to improve and the number of work permits increased (to 5382) if compared to 2012 (4627 permits). 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 17 15 13 11 9 7 5 3 1 -1 2006 2007 2008 2009 Work permits 2010 2011 2012 2013 Unemployment rate, % Issued work permits, units Chart 4: Interdependence between unemployment and arrival of TCN workers, 2006-2014 2014 Unemployment rate Source: Department of Statistics and Lithuania Labour Exchange It must be noted that Lithuania compared with other EU countries, is a very homogeneous country. The number of foreigners residing in Lithuania is low, a bit more than 1% (the EU average is 6.5%). The share of workers is marginal (see table 5). Chart 5. Number of employees (national and foreign) in Lithuania 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Labour force 1620.6 1606. 1588.3 1603.1 1614.3 1640.9 1634.8 1482. 1473.7 1465. (thousands) 8 5 2 Unemployed 184.4 132.9 89.3 69.0 94.3 225.1 291.1 226.1 195.2 172.5 (Thousands) Foreign 877 1,565 2,982 5,686 7,819 2,239 1,808 3,327 4,627 5036 workers Share of 0.05 0.1 0.2 0.3 0.5 0.1 0.1 0.2 0,28 0.31 foreign workers in % Source: Department of Statistics, Lithuanian Labour Exchange. * Data for 2011 is recounted according to Census. 2014 1478.7 183.4 5382 0.36 73 Work permits issued. In 2014, the Lithuanian Labour Exchange15 issued 5 382 work permits to aliens (7 per cent more than in 2013). The increased issuance of work permits can be explained by the recovering economy and the growing number of vacancies, especially in the transport sector. Chart 6. Number of work permits issued to aliens, 2006-2014 9000 Issues work permits, units 8000 7819 7000 6000 5686 5000 5036 4627 5382 4000 3000 3327 2982 2239 2000 1808 1000 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 Source: Lithuanian Labour Exchange Main sectors. TCNs in Lithuania are employed in sectors in which workers in the national labour market cannot be found either due to experience required (shipbuilding) or working conditions (drivers) or emigration (construction). These sectors remained the same for the last 5 years. The only sector that reached pre-crisis situation in 2014 is the transport sector. The need for long-haul drivers is permanent and cannot be satisfied by national workers. (see Chart 7). People, units Chart 7. TCN workers by sectors in 2009-2014 4500 4000 3500 3000 2500 2000 1500 1000 500 0 2009 2010 2011 Transport (drivers) Shipbuilding Construction Services (chefs) Other 2009 726 210 521 126 224 2010 1135 109 78 9 251 2011 2269 363 236 115 344 2012 3265 406 139 132 685 2013 3783 363 342 146 402 2014 4316 278 111 161 434 2012 2013 2014 Source: Lithuanian Labour Exchange 15 Data of the Lithuanian Labour Exchange report 2013 on the issuance of work permits to aliens in the Republic of Lithuania 74 In 2014 the absolute majority of work permits were issued to aliens in occupations recognised as shortage occupations in Lithuania. The lists of shortage occupations are approved by the Ministry of Social Security and Labour. In 2014, such occupations were registered in the industry (welders and ship hull assemblers) and services (kitchen chefs and long-haul truck drivers) sectors. As shown in Chart 9, in 2014 the majority of work permits were issued to long-haul truck drivers – 80 per cent, 5 per cent – to ship hull assemblers, 3 per cent – to welders (see Chart 9). Chart 9. Work permits by occupation, 2014 Welders Chefs Other 4% 3% 8% Ship hull assemblers 5% Long-haul truck drivers 80% Source: Lithuanian Labour Exchange Countries of origin. The majority of foreign workers come to Lithuania from the neighbouring countries (Ukraine, Belarus and Russia) (see Chart 10). Among all three only Ukraine show significant increase, whereas numbers of labour migrants from Russia and Belarus have even dropped. Chart 10. Countries of origin of TCN workers, 2008-2014 3500 Workers, units 3000 2500 2000 1500 1000 500 0 Belar us 2008 2367 2010 Russi Ukrai Mold Georg Turke China India a ne ova ia y 269 1137 454 409 129 108 78 636 67 323 83 46 0 5 67 2011 1431 129 1208 173 118 50 6 63 2012 1942 148 1916 178 115 48 7 63 2013 1882 136 2487 113 111 32 3 57 2014 1542 98 3159 157 128 75 3 34 Source: Lithuanian Labour Exchange 75 In 2014, the majority of work permits (3 159) were issued to citizens of Ukraine, which accounts for 59 per cent of all work permits (see Chart 11). This can be explained by the Crimean/ Ukrainian crisis, when Ukrainians started looking for emigration routes to Lithuania and other EU countries. Chart 11. Employees entering with a work permit by citizenship, 2014 China Moldova 2% 3% Russia Other 2% 5% Belarus 29% Ukraine 59% Source: Lithuanian Labour Exchange Gender. Labour migration to Lithuania is exclusively male. This can be explained by the fact that most professions where there is a shortage in Lithuania are male dominated. Therefore, women comprise only a very small percentage of all foreign workers. In 2014 female constituted 3 percent. Chart 12. Work permit by gender, 2014 Women 3% Men 97% Source: Lithuanian Labour Exchange 76 2.5.3. Entry for the purposes of highly qualified employment Situation. The main requirements set forth for aliens wishing to enter on as a highly qualified worker are higher education diploma and a salary which may not be less than two amounts of average monthly gross earnings in the whole economy most recently published by the Lithuanian Department of Statistics (Q3 2015 – a monthly salary of not less than EUR 1 426). An application for the issuance of a temporary residence permit (blue card) must be examined within two months (if the paid salary is twice the average monthly salary) or within one month (if the paid salary is three times the average monthly salary). As of November 2014, a temporary residence permit valid up to three years can be issued for an alien who comes to Lithuania as a highly quailed worker. Another major facilitation introduced in 2014 was the exemption of highly qualified workers who receive a monthly salary three times the average monthly salary from the labour market test. In 2014, 98 temporary residence permits (‘blue card’) were issued or replaced to aliens entering for the purposes of highly qualified employment. This is twice as much as in 2013. The majority of Blue Cards were granted for citizens of the Ukraine (over 30 per cent), citizens of Russian Federation, the US and Belarus. Profession-wise, most of highly qualified migrants to Lithuania in 2014 were engineers, IT specialists, economists. Currently, the only way to prove high qualifications is by holding a higher education diploma; however there is no possibility to prove qualifications by professional experience. Such issue has been criticized by employers and foreigners, since in some industries; employees do not need to possess university diplomas but require to have considerable experience in the field and could be considered as highly qualified workers. The Government is discussing needed changes to allow to recognizing higher qualification based on experience. 2.5.4.. Entry of aliens for the purpose of engaging in lawful activity Situation. Until November 2014 Lithuania had rather liberal rules for admission of persons wishing to engage in lawful activities. A temporary residence permit could be issued to an alien if (1) (s)he is the owner or co-owner of an enterprise registered in Lithuania whose authorised capital is not less than LTL 50 000 and his stay is necessary for the carrying out of the activities; (2) (s)he is the owner and head of an enterprise, agency or organisation registered in Lithuania and the principal goal is to work at the enterprise, agency or organisation; (3) (s)he intends to engage in lawful activities in Lithuania for which no work permit is required. The number of temporary residence permits issued on this ground significantly increased. During 2014, 6 600 temporary residence permits were issued (see Chart 16) – nearly 5 times the number of such permits in 2010. 77 Chart 16. Temporary residence permits for the purpose of engaging in lawful activity, 2010-2014 7000 6615 Issued permits, units 6000 5000 4181 4000 3000 2816 2000 1000 1816 1348 0 2010 2011 2012 2013 2014 Source: Migration Yearbook The majority of temporary residence permits for the purpose of engaging in lawful activities were issued to citizens of Russian Federation, Belarus and Ukraine. Temporary residence permits issued to citizens of Iran and Pakistan account for approximately 5 per cent. It has been observed in practice that aliens abuse the ground of lawful activities for entry: they often acquire the enterprises registered in Lithuania, appoint themselves as heads of the company and apply for the issue of a temporary residence permit seeking to gain access to the Schengen Area rather to carry out lawful activities. On 1 November 2014, amendments to the Law on the Legal Status of Aliens entered into force stipulating more stringent requirements for the issue of a temporary residence permit to aliens who enter to engage in lawful activities/business. The amendments introduced the requirement for an alien to participate in achieving an enterprise’s objectives or in its management, also it became mandatory that an enterprise would have carried out the activities indicated in its documents of incorporation for not less than 6 months prior to the alien’s application for the issue of a temporary residence permit, that the value of the enterprise’s equity capital/assets would amount to not less than EUR 28 000, of which not less than EUR 14 000 would be the assets invested by the alien, and that such an enterprise would have created workplaces for not less than 3 full-time employees. In 2015, after more stringent requirements were introduced, the number of temporary residence permits on the ground of engaging in lawful activities has sharply decreased. The amendments of November 2014 also introduced a new category of business person who has invested not less than EUR 260 000 in an enterprise and created no less than five working places. For such aliens temporary residence permit is issued up to three years and they are eligible for immediate family reunion.
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