Lithuania: Stricter requirements for employment of foreign nationals

17.07.2024

Effective 1 July 2024, foreign nationals arriving in Lithuania using the visa-free regime, national or Schengen visas, or residence permits issued by other countries will no longer be able to work in Lithuania without first obtaining a temporary residence permit issued in Lithuania, according to the Migration Department.

The following exceptions apply:

Foreign nationals who are sent to Lithuania to work as employees of a company established in a member state of the European Union or the European Free Trade Association;
crew members of ships sailing international routes under the flag of Lithuania;
foreign nationals coming to Lithuania for no more than three months a year to conduct affairs related to the conclusion and execution of contracts, staff training or equipment installation;
entrepreneurs who are shareholders and managers of companies;
highly skilled athletes;
performers;
journalists accredited by the Ministry of Foreign Affairs;
individuals officially engaged in religious activities;
foreign nationals who come to Lithuania to carry out governmental or voluntary programs recognized by the European Union or its member states;
lecturers and researchers who come to conduct scientific research as researchers, having labour or copyright contracts signed with scientific or research institutions;
nationals of economically developed countries (Australia, Japan, United Kingdom of Great Britain and Northern Ireland, United States of America, Canada, New Zealand, South Korea) who come to work or engage in other legal activities.

Foreign nationals who started working in Lithuania before the amendments to the Law on the Legal Status of Aliens came into effect will have the right to work until the end of their legal stay or until they acquire the right to work on other grounds provided for by the said law. The migration department gives the following example:

“… a Belarusian citizen who came to Lithuania with a Polish national visa and is employed here per the shortage occupation list will be able to work as long as his or her visa remains valid. If such a foreigner wishes to continue working in Lithuania, he or she should apply for a Lithuanian work-based temporary residence permit as soon as possible. In such cases, the Migration Department advises to apply for new permits at least four months before the expiration date of the existing documents.”

The submission of an application for a temporary residence permit does not grant the permission to stay and work in Lithuania if the previously held permit has already expired. Working without a valid permit is illegal, and in such cases the employer who violates the legislation will become subject to administrative liability. In addition, the employer fined for allowing illegal or undeclared work or violations of the procedure for employment of foreign nationals will be prohibited from hiring new foreigners for one year.

Additional transparency and responsibility criteria for companies employing foreigners in Lithuania

After the amendments to the Law on the Legal Status of Foreigners entered into force on 1 July 2024, transparency requirements for Lithuanian companies employing foreign nationals have been tightened, and additional restrictions introduced for foreign nationals employees.

Effective immediately:

It is mandatory to conclude a minimum six-month employment contract with the employed foreigner;
The foreign national must be employed full time.
The employer must EITHER pay the foreign national a monthly salary of at least the last published average monthly gross salary for the calendar year (currently EUR 2013.8) OR to provide information about the foreign national’s relevant qualifications AND at least one year of work experience in the last three years. Previously, either qualifications or experience was sufficient.
The company must have been carrying out the activity for which the foreign national is invited for at least the last six months;
Foreign nationals are now permitted to work for no more than four employers. All additional employers will need to be specified by the employer providing the mediation letter.
It is now possible to submit a request for permission to change employer only after six months from the date of obtaining the existing temporary residence permit.
The employer must have any necessary licenses and/or permits for the activities to be carried out by the foreign national;
The employer must not have been penalized administratively for not reporting changes in the foreign national’s data or for providing false data or other assistance to the foreigner in obtaining an immigration document; or for allowing illegal work, undeclared work or violations of the procedure for hiring foreigners in the past year; or for providing false data, or illegally obtained or forged documents.
There must be no serious reason to believe that the company is fictitious or that the foreign nationals it invites may pose a threat of illegal migration.

If the Migration Department determines that the company intending to employ a foreign national fails to meet any of these requirements, it will be prohibited from employing foreign nationals for six months from the date of determination of such circumstances.

Holders of revoked residence permits no longer able to deliberately delay departure

Effective 1 July 2024, the decision of the Migration Department to cancel a residence permit will no longer be automatically suspended if an appeal is submitted. This means that the residence permit will be declared invalid, regardless of whether the foreign national appeals against the cancellation decision.

Previously, the temporary or permanent residence permit card remained valid even though the holder failed to meet the usual requirements. Those who remained in Lithuania could attempt to legitimize their stay in the country in a variety of ways, for example by finding another employer, by starting studies, by entering into marriages with Lithuanian citizens.

Now, if the foreign national does not leave Lithuania within 14 days after the cancellation of the residence permit, a decision of his or her return will be issued.

If the return decision is not enforced, the foreign national will be deported and prohibited from entering the Republic of Lithuania.