The most frequently asked question to lawyers of "A Country to Live in" foundation

We respond to perhaps the most common question that people come to the legal team of  "A Country to Live in" foundation with:

"Hello! I urgently left Belarus and am currently in Lithuania. I had a Schengen visa from another country, it is expiring, as is the expiration date of my passport. Can I apply for refugee status because I fear returning to Belarus - I participated in the protests of 2020 and was almost at all marches."

When answering such questions, our specialists always clarify additional information because people's circumstances may vary. Nevertheless, we would like to provide some general recommendations based on what we usually encounter in our work.

Firstly, in Lithuania, there are several legalization procedures. Moreover, many of them are much simpler in terms of procedure than obtaining the so-called international protection, one type of which is the granting of refugee status. Belarusians, like other foreigners, have options in Lithuania to obtain a temporary residence permit (TRP) based on work, education, marriage to a Lithuanian citizen, family reunification, presence of Lithuanian roots, or well-founded fears of persecution by the Belarusian authorities for their civil or political position or belonging to other discriminated groups.

The second point - the expiry date of the passport should not be the determining factor for applying for international protection. Lithuanian legislation provides citizens of Belarus who, for objective reasons, cannot apply to the Belarusian authorities for a new passport, with the opportunity to obtain a foreign citizen's passport. More details about this procedure can be found here or on the website of the Migration Department under the Ministry of Internal Affairs of the Republic of Lithuania (the "Information for Belarusian Citizens" tab).

The third point to pay attention to is the presence of documents and other evidence that the person is genuinely threatened with persecution in Belarus for political reasons. Among the "other evidence" there can be various options, the set of which depends on the specific case. If you plan to use the humanitarian component for legalization, pay special attention to the logical presentation of your story, and also describe in detail the circumstances that forced you to leave the country and why you are now afraid to return.

The reasons should be detailed. It is highly desirable to support your story with references to open sources of information (links to photos from protest actions with your participation, lists of detainees, screenshots from social networks, etc.), as well as originals or copies of any documents you have (summons, protocols, court verdicts and decisions, results of medical examinations, etc.) that would allow to conclude that you are being persecuted by the regime.

You can also provide links to open sources with stories of persecution of Belarusians under circumstances similar to yours (for example, for reposts, donations, WRW symbolism, etc.). In the story of persecution, it is essential to indicate circumstances that demonstrate that the threat was real, not imaginary.

In other words, when choosing a legalization procedure, it is necessary to carefully study the options, understand which specific documents are needed for the chosen legalization procedure, and if possible, assess the risks of refusal.

Friends, "A Country to Live in" fund implements the "Assistance to Migrants" project. We provide consultations and informational support to Belarusians who have left for Lithuania due to political persecution in their homeland. If you have any questions about legalization, please contact us via Telegram - @strunufund_nigris_bot.
Support the foundation
How do you want to help:
50 75 100 250 500
Payment via PayPal to the foundation account
A Country to Live in foundation
Helps political prisoners and their families