The advantages of a Lawyer and Notary who is also a Lithuanian speaker

Our firm provides a full range of services in one package, which also includes:

• Comprehensive preparation and handling of the application and process for the reinstatement of Lithuanian citizenship up to the decision of the Migration Department in Lithuania – in both the legal, notary and procedural aspects of each application, all through the same law firm and notary, no intermediaries, no agents and no external “consultants”.

• Since Lithuania entered the European Union in 2004, our firm has accumulated long years of proven experience in the legal and procedural aspects, successfully handling thousands of various applications and procedures regarding the process of the reinstatement of Lithuanian citizenship and archival documents search, for numerous clients from Israel as well as from around the world (USA, England, South Africa, Brazil and more).

• Our firm specializes exclusively in the process of the reinstatement of Lithuanian citizenship as a unique area of ​​ Our firm also assists various professionals and institutions, including the Association of Lithuanian Jews in Israel, regarding fundamental legal issues related to Lithuanian law on this subject.

• The firm, headed by Advocate and Notary Zeev Lisson, has been well known for many years in all relevant Lithuanian authorities dealing with the reinstatement of Lithuanian citizenship, in particular the Migration Department in Vilnius and the various archives in Lithuania. The handling of client application is carried out directly and on an ongoing basis in front of the officials of the Migration Department in Lithuania and the various archives.

• Representatives of our firm, headed by Adv. Zeev Lisson, frequently and regularly arrives to Lithuania in order to directly submit new applications, handle existing ones and to commence searches for various documents in the archives.

• At the end of the process for reinstatement of Lithuanian citizenship, our firm also offers a special service that is optional for those interested in speeding up the process for issuing a Lithuanian – European passport and a European identity card, directly in the Interior Ministry in Vilnius.

The significance of the ongoing assistance, legal consultation and handling of this process only by a qualified, experienced and professional lawyer and notary, may be clarified by reviewing the stages and the complexity involved in the process:

The terms and conditions of eligibility for the reinstatement of Lithuanian citizenship as also the eligibility limitations for holding a dual citizenship – are legal by nature – as stipulated in the relevant Lithuanian law and by virtue of court’s ruling in Lithuania. Law and policy in Lithuania regarding these issues have already changed several times, including over the past few years, and this may also occur again in the future. Since this is not a static but dynamic legal situation, it should be analyzed with reference to any given moment.

In addition, the Lithuanian Migration Department, which is the authorized institution that handles applications for the reinstatement of Lithuanian citizenship, is subject to the procedural and judicial rules by law and rulings of the Lithuanian competent courts, but in practice it also holds some discretion regarding some of the issues related to it.

It is also important to consider that this process is not “technical” whatsoever, but also includes pure legal and complex elements. Therefore, it is obvious that any person who is not well versed and experienced in Lithuanian law in this regard, certainly, any person who is not a certified and qualified lawyer, cannot provide such legal service, a service which, as an essential and inseparable part, must include preliminary and individual legal analysis and advice regarding the potential eligibility for reinstatement of Lithuanian citizenship.

Such individual advice, unlike the superficial and general review of the terms of Lithuanian law, is la legal service for all purposes. Therefore, such should be provided only by a qualified attorney and cannot be considered as a “general advice” that is supposedly “non-legal” (i.e. “technical assistance” or “application preparation” or just filling out forms), just as someone who is not legally qualified as a physician cannot and certainly is not qualified to provide a diagnosis, not least medical treatment.

The examination of potential eligibility

The basic and preliminary examination, i.e. the “diagnosis”, which examines whether the specific data and documents, of the person seeking to start the process, are allegedly satisfactory or not, whether they meet the eligibility conditions or not, is a legal diagnosis “par excellence” and constitutes a significant stage and prerequisites for weighing any future action. This is a stage where a specific diagnosis of the specific and personal circumstances of the particular applicant is made, considering the application of the general Lithuanian law upon the private case, including the consequences that may have been only recently rendered, which could dramatically affect the results of such preliminary examination.

Thus, the mere preparation of the application for the reinstatement of Lithuanian citizenship, with all its components, as well as the personal and direct handling of the application directly in front of the Ministry of Immigration in Lithuania, are a critical component for achieving the best result.

On the other hand, the direct result that can be caused due to an incorrect advice, especially if such was provided by an unqualified and unprofessional service provider – is at best putting at risk the client’s money invested in the process but at worst – aggravation, loss of full financial investment and even an unrepairable damage to the client’s application that may be caused by improper and unprofessional counseling and handling before and during the process.

Additionally, since this process requires knowledge in the Lithuanian law and direct handling in front of officials in Lithuania, there is a special significance, as detailed below in controlling of the Lithuanian language, including with regard to legal and procedural aspects.

In many cases it is also necessary to conduct inquiries or legal actions related to the Israeli law, which are also of great importance to be handled only by a qualified lawyer who is also well proficient in the relevant law and procedures in Israel.

The advantages of eligibility review by a lawyer from our firm who is proficient in the relevant Lithuanian law:

• A professional and individual diagnosis of the potential for eligibility, considering the relevant legal and procedural conditions of eligibility for Lithuanian citizenship, on a case-by-case basis, by a qualified lawyer who is well versed in Lithuanian law in the field of Lithuanian citizenship, unlike mediators or “experts” with no formal qualifications nor legal certification. Those who lack any legal qualifications and authority to provide legal services in Israel, such as legal advice and legal documents, services rendered by someone who is not a qualified lawyer also lack any professional liability.

• During the phase of examining the potential for eligibility and in cases where potential problems may arise, possible solutions can also be considered, if such exist. If such problems are not resolvable at that stage – it will not be recommended to move forward in the process and thus save unnecessary costs, energy and time if there is a seemingly low prospects of achieving a positive outcome.

Documents search in Lithuanian archives

In most cases, where the applicant does not possess sufficient documents which are necessary for compliance or examination of eligibility conditions in order to reinstate Lithuanian citizenship, it is necessary to conduct a preliminary procedure of documents search in the Lithuanian archives. It should be noted that professionalism and experience in such search process are most significant for the increasing the chances of success and often our office has been able to locate documents in the archives, even in cases where the applicant has already failed to do so by himself or by others.

Therefore, the procedure for documents search is of great importanc since it is in fact a critical stage during the initial diagnosis of prospects for eligibility.

It is emphasized that even in case documents were located, it does not sufficient to indicate, positively or negatively, regarding the potential of eligibility for Lithuanian citizenship because it is still necessary to examine the type and content of the documents found and subsequently to determine their applicability on the legal aspect.

This examination and diagnosis are also legal advice and not just a technical procedure.

The Advantages of searching and examining documents by a lawyer from our firm who is well versed in Lithuanian law:

• Close and direct cooperation with the various archives in Lithuania, including through local contacts.

• Professional and specific examination of the search findings purposed to provide diagnosis as to the potential for eligibility to reinstate Lithuanian citizenship.

• In appropriate cases, choosing the preferred method in order to advance the process.

Preparation of applications and its documents, submission and ongoing support

There is no point in investing unnecessary funds and efforts in preparing the application for the reinstatement of Lithuanian citizenship without having previously undertaken the required preliminary examinations and the above preliminary legal advice, which examines whether there is any reasonable potential for its success.

Only after finding a reasonable potential for eligibility, based on the documents required, should an appropriate application be prepared individually for each applicant (even if there are several descendants and family members).

Preparing the application involves compiling both all the documents required to prepare each applicant’s application file and preparing various notarized translations and certifications, in light of the examination of each applicant’s data set.

The diagnosis of which documents should or should not be attached to each application and which notary translations and certifications are or are not required, is also legal advice, which is given on a case-by-case basis, also in light of the legal and procedural requirements of the authorities in Lithuania.

Therefore, this stage is also critical and is not only “technical”.

The advantages of handling a full request for the restoration of Lithuanian citizenship by a lawyer from our firm who is well proficient in Lithuanian citizenship and who is also a qualified notary:

• Comprehensive legal advice regarding which documents each applicant must provide, what actions should be taken regarding various authorities, including in Israel, if there is a lack of documents / data as well as handling special cases that also require additional legal actions such as certificates modifications and the legal process of declaratory judgments.

• Preparing an individual application file for each applicant, which also includes preparing a formal application for reinstatement of Lithuanian citizenship as well as all required notarial certifications, translations and approvals for the process, including the service of adding an apostille stamp from the court.

• Submitting each application directly to the Migration Department in Lithuania, as well as direct and ongoing support in front of the Migration Department’s officials and managers.

• Handling appeals and other proceedings in various legal courts and other institutions in Lithuania in close long-standing cooperation with a local law firm in Lithuania.

The advantages of a qualified lawyer and notary from our firm who is also a Lithuanian speaker:

• firstly, it is important to distinguish a significant difference between notarized “certification of translation” (form 7) and a notarized of “confirmation of receipt of an affidavit or declaration of a translator” (form 9). A “certification of translation” upon the accuracy of translation to Lithuanian or from Lithuanian – can only be provided by a qualified notary who speaks and proficient in both Hebrew / English and Lithuanian language.
  
  In contrast, notarized confirmation of “confirmation of receipt of an affidavit or declaration of a translator” – may be given by any notary, even one who does not speak the Lithuanian language at all. Such notary actually only technically confirms the signature of a third-party translator, and so the party who actually handles the application (whether he is the notary himself and certainly not a factor that is not a lawyer and notary) – may not understand the exact content of the relevant Lithuanian document. This may delay and even damage the process itself.

• Ongoing contact with the Migration Department and its officials in Lithuania, starting from the submission of each application and onto the examination and handling of every application by the Migration Department, is usually conducted in the Lithuanian language, including via telephone calls, written correspondences and, if necessary, frontal meetings that sometimes must be held with officials of the Migration Department, regarding various factual and legal issues, also based on the interpretation of Lithuanian documents and Lithuanian law.

An important clarification regarding notarized certifications

As detailed above and being an integral part of the application for the reinstatement of Lithuanian citizenship, among other things, each application must be accompanied by translations and various notarial authorizations and certifications. Editing and issuing notarized certificates is an exclusive authority granted by law only to a certified notary under a valid license from the Israeli Ministry of Justice. Any editing or granting of this type of certification by anyone who is not a licensed notary, whether directly or indirectly (i.e. via a “broker” acting on behalf of a client) – is prohibited in Israel.

The foregoing is provided as general information only and does not constitute advice, recommendation, legal advice or substitute for an individual legal advice.

It is emphasized that the exclusive discretion to grant Lithuanian citizenship and European passport is dedicated only to the Lithuanian authorities.