The Migration Department announced that beginning 1 August 2022, new provisions of the Law on the Legal Status of Aliens will come into force. The changes will affect companies that seek to recruit foreigners.
Key amendments:
- The List of Approved Companies will cease to exist. Companies are advised to no longer apply for the inclusion to the List. Furthermore, special conditions previously set for foreigners coming to work for an employer included in the aforementioned List will no longer apply.
- The procedure for issuing national visas and residence permits on the basis of work was further clarified.Foreigners who wish to obtain a work visa will only be allowed to apply abroad (via a Lithuanian diplomatic mission, consular institution, or an external service provider established in that country, provided there is one), whereas foreigners seeking to obtain a residence permit on the basis of work will only be allowed to apply in Lithuania (just like before).
- When filling out a mediation letter for the issuing of a temporary residence permit to a potential foreign employee, anemployer will have to meet at least one (rather than the prior minimum of two) conditions that apply to employment in Lithuania: (1) the foreigner has the qualifications related to work position that they would occupy; (2) during the last 3 years, the foreigner has accumulated at least 1 year of professional experience related to work position that they would occupy; (3) the intended monthly wage for the foreigner is no less than the last published average monthly gross wage in the country’s economy for the calendar year (including the wage data of private companies).
- Foreigners and their employers will be allowed to sign temporary employment contracts. In this case, the Employment Service will first have to confirm that the work to be performed by the foreigner meets the needs of the Lithuanian labour
- A foreigner who has completed studies or training in Lithuania under a formal vocational training program will be able to apply for a temporary residence permitwithin 10 years from the completion of the studies or training under the formal vocational training program (compared to the previous deadline of 2 years). In order to employ such foreigners, an employer will not need to provide information regarding their experience, qualifications, salary in excess of the last published gross salary, or the decision of the Employment Service.
- From now on, it will be possible to sign an employment contract with several employers.In this case, a mediation letter will have to be submitted by the first employer, but the conditions for obtaining a temporary residence permit will have to be fulfilled by all employers.
- If a foreigner has been granted temporary protection and intends to apply for a temporary residence permit on the basis of work, they will not be required to obtain a decision from the Employment Service that their work meets the needs of the Lithuanian labourThis exception will only apply if the foreigner applies for a residence permit on the basis of work for the first time after having been granted temporary protection, or if they change their residence permit and their employer remained the same.
- Citizens of Ukraine, their family members and stateless persons who fled Ukraine due to the military actions of the Russian Federationand took the opportunity to start working in Lithuania without a work permit issued by the Employment Service or its confirmation that the foreigner’s work meets the needs of the Lithuanian labour market, will be fully exempted from the duty to obtain the aforementioned confirmation from the Employment Service. This exempt will only apply if the foreigner applies for a work-based residence permit and the employment relationship continues with the same employer.
- From the first year onwards, restrictions on working hours for students will no longer apply.
- Asylum seekers and illegal aliens from Belarus who have irregularly crossed the border during the period of an emergency situation will now be granted the right to work or undertake independent activities 12 months after the foreigner obtained registration with the Lithuanian Migration Information System (MIGRIS). At their request, foreigners will be issued registration certificates attesting their right to work. Before starting to work, these foreigners must obtain a work permit, unless they have been exempted from this obligation.