Recently, several proposals have been registered in our country to change the Lithuanian legislation regulating the legal status of foreigners in Lithuania and their right to work. These first proposals have already entered into force. As a result, employers and third-country workers will be obliged to comply with them, and it requires preparation in advance. Ana Borovko, senior associate at Sorainen law firm, outlines some vital potential changes and their implications.
- Foreigners will be required to provide proof of Lithuanian language proficiency to change their temporary residence permit
The first possible change is the proposal to introduce an obligation for a foreigner to provide proof of proficiency in the Lithuanian language when applying for the issuance or change of a temporary residence permit.
This requirement will apply to a foreigner who fulfils two conditions. The first condition is that the foreigner must have a temporary residence permit when applying for the issuance or change of a temporary residence permit or have resided in Lithuania for the last three years with a temporary residence permit. The second condition is that the foreigner has lived in Lithuania for at least five years in the previous eight years with a document granting or confirming the right to reside in Lithuania or with a national visa.
“If both of the above conditions are met and the foreigner applying for the issuance or change of a temporary residence permit does not provide a document confirming proficiency in the Lithuanian language, he/she will be refused a temporary residence permit. Of course, it is also proposed to provide for certain exceptions when submitting a document confirming knowledge of the Lithuanian language, which will not be necessary,” explains A. Borovko. This proposal would enter into force on 1 July 2025.
- The proposal is to refuse to issue a temporary residence permit if it is determined that at least two foreigners have been subject to a period of non-insurance of more than 90 days in the last 180 days
This amendment proposes to refuse to issue a temporary residence permit for work (as for non-highly skilled employee) if it is determined that at least two foreigners have been subject to a period of non-insurance of more than 90 days in the last 180 days with an employer who undertakes to employ the foreigner under an employment contract, or with one employer who undertakes to employ the foreigner under an employment contract with several employers.
It is also proposed to set that the Employment Service shall refuse to make a decision that a foreigner corresponds to Lithuanian labour market needs and issue a work permit if it is established that at least two foreigners have had a period of non-insurance of more than 90 days with the employer in the last 180 days. This proposal would enter into force on 1 July 2024.
- Proposal to require temporary employment agencies to declare the number of temporary workers
It is proposed that a new requirement for temporary employment agencies be introduced to declare that they have had five or more temporary workers working full-time in Lithuania for at least the last 6 calendar months. This proposal would enter into force on 1 July 2025.
- The proposal to allow a foreigner holding a temporary residence permit for work (as for non-highly skilled employee) to change employer only after 6 months
“This proposal would allow a foreigner to change employer only six months after the issue of the temporary residence permit. This restriction would apply to non-highly skilled employees”, says an expert at law firm Sorainen.
- The proposal is to no longer require employers to submit a notification via MIGRIS of the termination of an employment contract with a foreigner
It is proposed to remove the requirement that the employer must inform the Migration Department within seven days about the termination of the employment contract with a foreigner holding a temporary residence permit or a national visa. This proposal would enter into force on 1 January 2025.
- Proposed tightening of the requirements for foreigners seeking a temporary residence permit for work
It is proposed that a non-highly skilled employees intending to obtain a temporary residence permit for work be required to have the appropriate qualifications related to the work to be performed and one year of work experience gained in the last three years. Otherwise, the employer must pay the foreigner a salary that is at least equal to the published average monthly GNI for the previous calendar year. It is also proposed that a requirement be introduced for the full-time work to be set. This proposal would enter into force on 1 July 2024.
- Proposed additional requirements for employers
It is proposed that additional requirements be introduced for employers who give an undertaking to employ a foreigner who applies for a temporary residence permit for work (as for non-highly skilled employee). “It is proposed that the employer should meet the following conditions: the employer has the necessary licences and/or permits to carry out the activity and meets the conditions for carrying out the licensed activity if such licenses are necessary and the foreigner will be employed for the licensed activity; has no administrative penalties for failure to notify about changes in the foreigner’s data; and there are no relevant grounds for refusing in the issuance of change of the temporary residence permit. Also, the employer must have been carrying out the activity for which he/she invites the foreigner for at least half a year, and there are no grounds for believing that the company is fictitious,” says A. Borovko, Senior Associate at Sorainen.
This proposal is proposed to enter into force on 1 July 2024.
- Proposed to set the quotas for foreigners applying for a temporary residence permit for work
It is proposed that quotas be introduced for foreigners who apply for a temporary residence permit for work when they are non-highly skilled employees. This would mean that a foreigner can obtain a temporary residence permit for work if the quota is not used up.
It is proposed that a foreigner who has completed studies or training under a formal vocational training programme in Lithuania and intends to work or has been granted temporary protection or a temporary residence permit issued on humanitarian grounds be exempt from the quota exhaustion requirement.
It is proposed to provide for certain exceptions (e.g. the foreigner will be paid more than 1.2 average monthly GNI), where a temporary residence permit could still be issued bfor work if the quota is used up.
This proposal would enter into force on 1 January 2025.
- It is proposed to allow a foreigner holding an EU Blue Card to perform another work function with the employer who has committed to employing him/her
A new provision would allow a foreigner holding an EU Blue Card (i.e., a highly skilled employee) to perform another job function.
- Liability of the employer for non-payment of salaries under Lithuanian law
“The last proposal we will look at today, and which is already adopted, provides that an employer will be deemed to have committed an infringement of the procedure for the employment of foreigners for which a fine may be imposed if the employer fails to pay the statutory salary. This proposal will enter into force on 2 July 2024.
“The above proposals to amend the legislation result from a shortage of workers and the resulting need to invest in production facilities and training. It is also argued that labour immigration should not be substitution immigration, i.e., foreigners should not replace Lithuanian residents. The last reason is the need to increase the integration of foreigners into Lithuanian society,” adds the senior associate of the law firm Sorainen.
