Important changes in the regulation of the employment of foreigners

1. Stricter requirements for foreigners who intend to obtain a temporary residence permit on work basis are established. From now, non-highly qualified foreigners, who intend to obtain a temporary residence permit on work basis, are required to have EITHER a qualification related to the work to be performed and at least one year of work experience in the last 3 years related to the work to be performed, OR the foreigner must be paid with a salary not less than the last published average gross monthly salary (BDU) for the calendar year, which currently is 2013.8 EUR (does not apply to foreigners who, after completing their studies in Lithuania, intend to work and apply for the issuance or change of a temporary residence permit within 10 years after graduation).

An additional requirement has also been introduced for a foreigner to establish a full-time work (i.e. to employ the foreigner full-time).

2. It shall be refused to issue a work permit to a foreigner if established that a non-insured period has been fixed for more than 90 days in the last 180 days for at least one foreigner employed by the employer who undertakes to employ a foreigner, unless the foreigner was not working due to pregnancy, childbirth, parent leave and/or leave for the child care, an illness or accident or when the employer submits a document confirming that such a foreigner was not subject to Lithuanian legal acts in the field of social insurance.

3. A foreigner who has a temporary residence permit on the basis of work (not highly qualified) is allowed to change the employer only after a 6 month period from the date of issue of the temporary residence permit.

4. Additional requirements have been established for employers who provide an obligation to employ a foreigner applying for a temporary residence permit on the basis of work (not highly qualified). The employer must meet the following conditions: have the necessary licenses and /or permits to carry out the activity and meet the conditions for carrying out the licensed activity, if any, if the foreigner is to be employed for the licensed activity; not to have administrative penalties for failure to notify about changes in the foreigner's data; no relevant grounds for refusing to issue or change a temporary residence permit exist; the employer must carry out the activity, for which the foreigner is invited, for at least the last 6 months; and there is no reason to believe that the company is fictitious. If the employer does not meet at least one of the conditions, the obligation to employ a foreigner is not accepted for a period of 6 months from the date on which these circumstances are identified.

Thus, from now on, when submitting a Mediation letter, the employer will have to confirm that it undertakes to employ a foreigner under an employment contract for a period of at least 6 months and on a full-time basis and confirm that it has been carrying out the activity, for which the foreigner is invited, for at least the last 6 months.

5. The requirement on the amount of salary payable to the foreigners has been revised: the salary of the foreigner shall not be lower than the salary of a citizen of Lithuania, of another Member State of the European Union or of a Member State of the European Free Trade Association, or of another foreigner permanently residing in Lithuania who is employed by the same employer for the same job. If there is no such employee, the foreigner's salary shall not be lower than the last published average gross monthly salary (BDU) published by the Lithuanian State Data Agency for the calendar year by relevant economic activity.

6. The practice applied up until now, when a foreigner retained a temporary or permanent residence permit, if s/he appealed to the court against the decision of the Migration Department to cancel the permit s/he had, is no longer applied. As of 1^st of July, the decision of the Migration Department to cancel the residence permit held by a foreigner will no longer be automatically suspended if it is appealed to a court. This means that the foreigner's residence permit will be declared invalid, regardless of whether the foreigner appealed to the court within 14 days of the Migration Department's decision to cancel the residence permit. If the foreigner does not leave Lithuania within 14 days of the cancellation of the residence permit, a decision on returning him/her to a foreign country will be issued. If such decision is not fulfilled, the foreigner will be deported and will be banned from entering Lithuania.

7. As of 1^st of July, foreigners who previously entered Lithuania using the visa-free regime or with national or Schengen visas or residence permits issued by other states will no longer be able to work in Lithuania. From now on, such foreigners will be obliged to obtain a temporary residence permit issued in Lithuania. Temporary residence permits will not be required only in exceptional cases, when foreigners will come to Lithuania legally and additionally meet certain criteria that exempt them from the obligation to obtain a work permit. Those foreigners who started working in Lithuania before these amendments entered into force shall have the right to work until the end of their legal stay or they acquire the right to work on other legal basis.

Foreigners' applications submitted before the changes came into force shall be examined and decisions shall be issued in accordance with the provisions of the legal acts valid before the changes came into force.

From January 1, 2025 a number of important changes in the regulation of the legal status of foreigners in Lithuania are also expected. We will inform you about them in more detail as the changes approach.