If your permit is refused, cancelled, or you overstay

By LUSH.lt editorialLast verified June 2026

This guide is general information, not legal advice. Rules and fees change — confirm anything important with the official source linked below and your university's international office.

If the Migration Department refuses or cancels your permit, or you overstay, you usually have a short window — commonly 14 days from the date the decision is served — to appeal to the Vilnius Regional Administrative Court, and you may face an obligation to leave Lithuania and a possible entry ban of up to 5 years. Act the day you receive the decision, and get free help before paying anyone.

This is a high-stakes, time-critical situation

Deadlines here are measured in days, not weeks, and missing one can cost you your right to stay and trigger an entry ban. The exact deadlines, court and conditions are stated in your own decision letter — read it in full and confirm the current rules on migracija.lt and with a lawyer or the Migration Information Centre immediately. Treat everything below as orientation, not legal advice.

Refused, cancelled, overstayed — what's the difference?

  • Refused — you applied for a national (D) visa or temporary residence permit (TRP) and the Migration Department said no. You may never have had legal status, or your current status may still run for a while.
  • Cancelled (revoked) — you held a permit, but it was withdrawn (for example, you stopped studying, the grounds fell away, or there was a problem with your documents or stay).
  • Overstay — you remained after your visa or permit expired with no pending, timely application. Remember the LUSH rule: applying is not the same as being covered. If your legal stay lapses while a new application is processed, there is no automatic interim visa — you may have to leave until a decision.

What overstay does and doesn't count as

Time spent on a valid residence permit or long-stay (D) visa does not count toward the 90-day visa-free Schengen limit. But staying past your authorised period is an overstay and can mean fines, a return decision, and an entry ban — including effects on future Schengen, UK, US, Canadian or Australian visa applications.

First 48 hours: what to do

  1. Read the decision in full. It states the legal grounds, the exact appeal deadline, the court, and whether you must leave and by when.
  2. Note every date. The appeal deadline (commonly 14 days from service) and any departure deadline are usually different — and the departure window for a return order can be shorter.
  3. Get advice now, not next week — the Migration Information Centre (free) and a lawyer. Ask specifically whether to appeal and whether to request suspension of the decision.
  4. Check your current legal status on migracija.lt. If your permit/visa is still valid, you have more room than if it has already lapsed.
  5. Do not just ignore it. Silence leads to a return decision, then deportation, then a longer ban.

Appeal routes and deadlines

Lithuania has a two-tier administrative court system for challenging Migration Department decisions.

StageWhereDeadline to fileDecision time (typical)
First appealVilnius Regional Administrative Court~14 days from service of the decisiona couple of months
Further appealSupreme Administrative Court of Lithuania~14 days from the judgmentabout a month

A court stamp duty (around EUR 30, reduced for e-filing) applies to an administrative-court appeal as of 2026 — confirm the current amount when you file, and ask whether legal aid covers it.

Appealing does not automatically let you stay

Filing an appeal does not by itself give you the right to remain in Lithuania, and it does not automatically pause an obligation to leave. If your legal stay has expired, you may have to depart while the court hears your case. Ask a lawyer at once whether to request that the court suspend enforcement of the decision — this is a separate step.

A return decision (the order to leave) typically carries its own, shorter appeal window — reported as around 7 days to court — separate from the 14-day window for the permit decision itself. Because these timings differ and change, rely on the dates printed in your documents and confirm with a lawyer.

The obligation to leave, and the entry-ban risk

If a permit is cancelled and you do not leave within the period set out (the Migration Department refers to 14 days after cancellation in its guidance), a decision on your return can be issued. If that return decision is not enforced, you can be deported and banned from entering Lithuania.

  • Entry ban length: up to 5 years, decided on your individual circumstances (family ties, the nature of any violation, etc.).
  • Schengen-wide effect: for serious cases, the ban can be entered in the Schengen Information System (SIS), so it applies across the whole Schengen area — you cannot dodge it by entering through another country.
  • If you must leave: where a departure date is set, you are generally expected to leave by that date and to inform the Migration Department by email that you have left.

Voluntary departure usually beats deportation

Leaving on time under a departure order is far better than being deported. A deportation almost always brings a longer entry ban and a far harder record for future visas. If you genuinely cannot win an appeal, taking the cleanest route out — with advice — protects your future.

Where to get free or low-cost help

Do not pay an agent ~EUR 1000 before trying the free channels first.

  • Migration Information Centre — "I Choose Lithuania" (renkuosilietuva.lt / micenter.lt): free consultations on legal stay, in English, Lithuanian and German. Toll-free 0 800 22922 (also +370 525 14352, Mon–Fri 9:00–17:00).
  • International House Vilnius: free, in-person support for newcomers, including help understanding migration decisions.
  • State-guaranteed legal aid: people lawfully residing in Lithuania or the EU whose income is within the official limits can get free or subsidised legal aid for a court case (run by the State-Guaranteed Legal Aid Service under the Ministry of Justice). Eligibility depends on your status and income — check the European e-Justice Portal.
  • Your university's international office: if the problem is study-related (e.g. credits, mediation letter, enrolment), they may be able to correct the record or support your case.

How to avoid getting here

  • Apply on time and before expiry — never let your legal stay lapse with no pending application.
  • Keep documents truthful and complete — wrong or missing proof of funds is a top rejection cause. Use ≈ €8,071unverified as a planning figure and confirm the method on migracija.lt.
  • Maintain valid health cover — gaps between contracts can endanger a TRP.
  • Tell the Migration Department if your situation changes (you stop studying, change address) rather than waiting to be found out.
  • Don't travel outside the EU while a decision is pending or your status is uncertain.

When in doubt, ask before the deadline passes

The single biggest mistake is waiting. The moment you receive a refusal, cancellation, or realise you may have overstayed, contact the Migration Information Centre or a lawyer the same day. Once an appeal deadline expires, your options shrink dramatically.

Frequently asked

How long do I have to appeal a refusal or cancellation?+

Generally 14 days from the day the decision is served on you, to the Vilnius Regional Administrative Court. A separate return decision (the order to leave) usually carries a shorter window. The exact deadline is stated in your decision — read it carefully and act immediately.

Can I stay in Lithuania while I appeal?+

Not automatically. Appealing does not by itself give you the right to stay, and if your legal status has expired you may have to leave while the case is heard. Ask a lawyer at once whether to request suspension of the decision's enforcement.

Will a refusal mean an entry ban?+

Not always, but it can. A refusal, cancellation, or overstay can lead to a ban on entering Lithuania of up to 5 years, and serious cases can be entered in the Schengen Information System so the ban applies across the Schengen area.

What counts as overstaying?+

Remaining in Lithuania after your visa or permit expires with no pending, timely application. Time on a valid residence permit or long-stay visa does not count toward the 90-day visa-free Schengen limit, but staying past your authorised period does expose you to fines, a return decision and a possible entry ban.

Where can I get free help?+

The Migration Information Centre (renkuosilietuva.lt, toll-free 0 800 22922) gives free guidance. For court appeals, legally residing people on low income may qualify for state-guaranteed legal aid. Avoid paying an agent ~EUR 1000 before trying these.

Sources