On 1 September 2024, Order of the Lithuanian Minister of Internal Affairs No. 1V-145 “On the requirements, conditions, and provision of services for foreigners who left Ukraine due to the military actions of the Russian Federation in Ukraine or who are unable to return to Ukraine” (the Order), together with all amendments and additions, were abolished.
End of special employment rules for Ukrainian nationals
Accordingly, with the end of the validity of the Order, some special rules applicable for Ukrainian nationals, their family members, and stateless persons living in Ukraine who do not have the right to receive temporary protection and cannot return to Ukraine due to the military actions of the Russian Federation in Ukraine (the Foreigners) are not applicable anymore. In addition to other rules applicable to Foreigners, the Order also determined the moment from which the Foreigners could start working in Lithuania. That is, in certain specific cases, they could start working before receiving the relevant temporary residence permit (TRP) in Lithuania.
However, employers should remember that such an option no longer exists, as of 1 September 2024. This means that when an employer wants to employ a Foreigner, it should follow the general provisions determined in the Law on the Legal Status of Foreigners (the Law).
In this article, we will discuss the most common situations that may arise.
Provisions of the law on Foreigners employers must follow
Temporary protection TRP application under evaluation
The Ukrainian national applied for a TRP under the granted temporary protection, and this application is under evaluation at the Migration Department. This means that such a person, while being legally in Lithuania (e.g., under a visa-free regime), may be employed at the company before obtaining the relevant TRP, i.e., while the TRP application is still being processed by the Migration Department. With such a person, an employment contract for temporary agency work may also be concluded.
Humanitarian grounds TRP application
The Ukrainian national applied for a TRP under humanitarian grounds, and this application is under evaluation at the Migration Department. This means that such a person can be employed at the Lithuanian company only once the TRP is granted by the Migration Department and the TRP card has been collected. With such an employment contract, temporary agency work cannot be concluded.
EU Blue Card application
The Ukrainian national applied for an EU Blue Card. Such a person may be employed while being legally in Lithuania (e.g., under a visa-free regime), once his/her application is accepted at the Migration Department for evaluation, i.e. while the EU Blue Card application is still being processed by the Migration Department. With such a person, an employment contract for temporary agency work cannot be concluded.
Standard TRP for work
The Ukrainian national applied for a standard TRP for work (i.e., as a non-highly-skilled employee). This means that such a person can be employed at a Lithuanian company only once the TRP is granted by the Migration Department and the TRP card has been collected. With such a person, an employment contract for temporary agency work can be concluded only if certain conditions determined by the Law are met (e.g., in all cases, the decision confirming that the Foreigner corresponds to Lithuanian labour market needs from the Employment Service should be obtained, etc.).
Extension of temporary protection until 2026
It should be noted that the temporary protection was extended until 4 March 2026. This means that Ukrainians who meet certain requirements, will be able to apply for TRP under the granted temporary protection and obtain the relevant TRP valid until 4 March 2026.
The requirement to submit LDU notification
In all cases, when intending to employ a non-EU national, employers should remember that alongside the other notifications, a LDU notification must be submitted via the SODRA system. The LDU notification must be submitted at least one business day before the start of the foreigner’s work. The LDU notification must be submitted also when employing EU nationals.
Recommendations for employers employing the Foreigners
It is recommended to follow the following recommendations while employing the Foreigners:
- To determine whether the Foreigner has any residence permit issued in Lithuania, whether a visa-free regime applies, etc.;
- If the Foreigner has a residence permit in Lithuania, to evaluate the type of this residence permit and whether such a residence permit allows a Foreigner to be employed at the company under the preferred type of the employment contract;
- If under the current residence permit, the Foreigner cannot be employed at the company or he/she does not have a residence permit in Lithuania, the future employer should evaluate the immigration process applicable to this Foreigner in order for the company to be able to employ this Foreigner and follow such a migration process;
- While employing the non-EU national, the employers must actively monitor the validity period of the TRP and ensure that a new TRP granting the right to live and work in Lithuania will be issued and collected before the end of current TRP’s expiry date, or terminate the employment contract after the current TRP expires and when new TRP card is not received yet. It should be noted that the employer may face legal liability for illegal work if the non-EU national is allowed to work after the expiration of the valid TRP in case a new TRP card is not collected yet.
If you have any questions, our Employment team is ready to help.
