Employing foreign nationals in Lithuania: certain migration procedures simplified

On 30 June 2022 the Parliament adopted amendments to the Law on the Legal Status of Foreigners simplifying certain migration procedures. Some of the changes entered into force on 1 August 2022, while others will come into force on 1 January 2023 or 1 July 2023.

Our Employment team prepared an overview of the most relevant changes and their impact on business.

In certain cases, three years of work experience will be enough for foreigners to be considered highly skilled (qualified) employees

According to the supplemented definition of high professional qualification, professional experience of at least three years within the last seven years in the field of Information Technology and Communication Technology (ITCT) services for managers and specialists is equated to a higher education qualification. It must be necessary for the occupation or sector that the employer specifies in their own commitment to employ the foreigner under the employment contract.

It should be noted that the previous regulation, which provided that a foreigner is considered to be a highly skilled employee if they hold a higher education diploma or have at least five years of professional experience equivalent to a higher education qualification, which is necessary for the occupation or the sector specified in the employer’s commitment to employ the foreigner under the employment contract or specified in the employment contract, also remains in force (applicable in cases where the foreigner will not be employed as a manager of an ITCT service area or as an ITCT specialist).

The amendment entered into force on 1 August 2022.

Changes in the monthly gross salary in the country’s economy (GS) (including data on wages in individual enterprises) calculated by the Statistics Department of Lithuania

The most recently published average monthly GS amount for the calendar year must be used and is applicable.

The amendment entered into force on 1 August 2022. It should be noted that the average monthly GS for the last calendar year, published on 25 May 2022, is EUR 1,579.40. Accordingly, from 1 August 2022 this rate should be used.

More flexible requirements for foreigners with high professional qualification seeking to obtain a European Union Blue Card

From now on, the following criteria apply to foreigners seeking to obtain a European Union Blue Card:

• a shorter period for the employer’s commitment to employ the foreigner, which should be at least six months
• a higher education diploma or relevant professional experience of five years, or relevant professional experience of three years acquired in the last seven years if the foreigner will be working as a manager in the area of ITCT or as an ITCT specialist
• a monthly salary of at least 1.5 GS (currently about EUR 2,369.10) or at least 1.2 GS (currently about EUR 1,895.28) must be paid, if the profession of the foreigner is included in the list of high value-adding professions that are in short supply in Lithuania
• there is no longer a need to obtain a decision from the Employment Service regarding compliance with the needs of the labour market
• accordingly, the list of professions requiring high professional qualifications and for which there is a shortage of workers in the Republic of Lithuania has been abolished

The amendment entered into force on 1 August 2022.

Less stringent requirements for foreigners intending to work and seeking to obtain a work-based temporary residence permit in Lithuania

From now on, foreigners intending to work and seeking to obtain a temporary residence permit in Lithuania need only have one of the following:

• relevant qualifications related to the work to be performed
• one year’s work experience in the last three years
• the foreigner must be paid a salary at least equal to the last published GS for the calendar year.

The amendment entered into force on 1 August 2022.

The possibility of working under a multi-employer employment contract has been established

The amendments introduce the possibility for a foreigner seeking to obtain a temporary residence permit on the basis of employment or the European Union Blue Card to conclude a multiemployer contract (i.e. where the employee has one employment contract concluded with several employers). In this case, a commitment to employ the foreigner must be submitted by the primary employer, indicating the other employers as well.

The amendment entered into force on 1 August 2022.

A new provision on changing employer while holding a temporary residence permit for work

A new provision has been introduced stating that if, due to the fault of the employer (e.g. in cases where the employer has been punished for illegal work, undeclared work, violations of the employment of foreigners, has arrears to the state budget or unpaid fines, etc.) the foreigner is no longer able to continue to work for this employer, the foreigner can, within three months, submit a request to the Migration Department for permission to change employer.

If a foreigner is refused a temporary residence permit due to the fault of the employer (e.g. the employer has been punished for illegal work, undeclared work, violations of the employment of foreigners, has arrears to the state budget or unpaid fines, etc.), the foreigner can immediately apply for a new temporary residence permit at another employer.

The amendment entered into force on 1 August 2022.

Changes to the procedure for changing employer or job function for those who hold a European Union Blue Card

• It is possible to change the job function at the same employer without the permission of the Migration Department
• The foreigner may also be employed by another (additional) employer, as long as the employer who initially undertook to employ the foreigner is not changed. The foreigner must inform the Migration Department about this within seven working days from the conclusion of the employment contract
• If a foreigner wishes to change their employer within one year of starting legal work in Lithuania, or after losing their job if less than six months has passed, intends to work in another job requiring high professional qualification, they must submit an application for permission to change their employer to the Migration Department. A job can be changed only after receiving permission from the Migration Department
• If the foreigner wishes to change their employer and 12 months have already passed since the issuance to them of their first EU Blue Card, there is no longer a need to obtain permission from the Migration Department for a change of employer, but the foreigner must notify the Migration Department of the change of employer no later than seven working days from the conclusion of the employment contract
• If, due to the fault of the employer (e.g. the employer has been punished for illegal work, undeclared work, violations of the employment of foreigners, has arrears to the state budget or unpaid fines, etc.) the foreigner is no longer able to continue to work for this employer, they can, within the following three months, submit a request to the Migration Department for permission to change employer if they have not worked a full (one) year. If the foreigner has been working in Lithuania for more than one year, they can change their employer within the following six months and must notify the Migration Department about this within seven working days from the conclusion of the employment contract
• If a foreigner is refused a temporary residence permit due to the fault of the employer (where the employer has been punished for illegal work, undeclared work, violations of the employment of foreigners, is in arrears to the state budget or has unpaid fines, etc.), the foreigner can immediately apply for a new temporary residence permit at another employer

The amendment entered into force on 1 August 2022.

Other key changes

• There is no longer a list of approved undertakings – since 1 August 2022.
• A foreigner seeking to obtain a temporary residence permit on the basis of employment may also be employed under a temporary employment contract (with companies offering temporary employment agency services that are listed by the State Labour Inspectorate) – since 1 August 2022.
• A foreigner staying outside Lithuania will be able to submit an application for a temporary residence permit through an external service provider chosen by the Migration Department – from 1 January 2023.
• There will be no more national visas (D) on the basis of employment – from 1 July 2023.
• There are some new provisions on foreigners who have been granted temporary protection (relevant for Ukrainians). New provisions also apply to foreigners who had such protection in the past. There is no need for a work permit or a decision from the Employment Service regarding compliance with the needs of the labour market if the foreigner enjoys temporary protection; or, after the expiry of temporary protection, remains working for the same employer and applies for a work-based residence permit for the first time; or if the temporary residence permit is changed – from 1 August 2022.