In most cases, the issuance or replacement of a temporary residence permit was refused or it was withdrawn on the basis of the above-mentioned provisions of the Law. However, it should be noted that the practical implementation of these provisions was complicated, as there was no established procedure under which the authorities exercising control of foreigners could claim that a foreigner, upon obtaining a temporary residence permit in Lithuania on the above-mentioned ground, does not actually carry out activities. It was also not clear as to what criteria should be a basis for assessing the foreigner’s stay as necessary seeking to achieve the objectives of the enterprise and carrying out its activities. Therefore, the case law was unfavourable in respect of decisions by authorities on the withdrawal of residence permits of the foreigners not carrying out the declared activities. The amendments to the Law which entered into force on 1 November 2014 define a bogus enterprise: Bogus enterprise means a private legal person registered in the Register of Legal Entities, which has been established or acquired for the purpose of issuing a residence permit in the Republic of Lithuania to an alien, who is a participant of this legal person as defined by the Civil Code of the Republic of Lithuania, its head or a member of its collegial management or supervisory body, rather than carrying out activities in the Republic of Lithuania as indicated by the founding documents of this legal person (Article 2(6)). It is also indicated that when issuing or replacing a temporary residence
In most cases, the issuance or replacement of a temporary residence permit was refused or it was withdrawn on the basis of the above-mentioned provisions of the Law. However, it should be noted that the practical implementation of these provisions was complicated, as there was no established procedure under which the authorities exercising control of foreigners could claim that a foreigner, upon obtaining a temporary residence permit in Lithuania on the above-mentioned ground, does not actually carry out activities. It was also not clear as to what criteria should be a basis for assessing the foreigner’s stay as necessary seeking to achieve the objectives of the enterprise and carrying out its activities. Therefore, the case law was unfavourable in respect of decisions by authorities on the withdrawal of residence permits of the foreigners not carrying out the declared activities. The amendments to the Law which entered into force on 1 November 2014 define a bogus enterprise: Bogus enterprise means a private legal person registered in the Register of Legal Entities, which has been established or acquired for the purpose of issuing a residence permit in the Republic of Lithuania to an alien, who is a participant of this legal person as defined by the Civil Code of the Republic of Lithuania, its head or a member of its collegial management or supervisory body, rather than carrying out activities in the Republic of Lithuania as indicated by the founding documents of this legal person (Article 2(6)). It is also indicated that when issuing or replacing a temporary residence
1429260170_Admitting%20third-country%20nationals_EN_final.docx