Lithuania has made the procedures for the employment of foreign nationals more stricter. After the Law on the Legal Status of Aliens came into effect, designed to better manage labor migration, the Lithuanian Government implemented more stringent rules for hiring foreign workers.
Starting from July 1, 2024, foreigners who previously came to Lithuania using the visa-free regime, national or Schengen visas, or residence permits issued by other countries are no longer able to work in Lithuania.
Effective July 1, 2024, foreign nationals are required to obtain a temporary residence permit issued in Lithuania.
However, there will be certain exceptions for foreign nationals. Temporary residence permits will not be required when foreigners arrive in Lithuania legally and meet certain additional criteria exempting them from the obligation to obtain a work permit.
Amongst other exceptions, such exceptions will apply to foreigners who are sent to Lithuania and come to work as employees of a company established in a member state of the European Union or to foreigners coming to Lithuania for no more than three months a year.
Temporary residence permits is also exempted for entrepreneurs who are shareholders and managers of companies.
Further, foreigners 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.
For 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 4 months before the expiration date of the existing documents.
The Migration Department reminds that the submission of an application for a temporary residence permit does not grant 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.
In another move, foreigners with revoked residence permits will no longer be able to deliberately delay their departure from Lithuania.
Earlier, a foreigner was allowed to retain a temporary or permanent residence permit if he or she appealed against the decision of the Migration Department to cancel the foreigner’s permit. Now that has been abandoned by the Migration Department.
In such cases, the foreigner kept a valid temporary or permanent residence permit card even though he or she failed to meet the requirements of the Law on the Legal Status of Aliens necessary to hold such documents.
Those who remained in Lithuania attempted to legitimize their stay in the country in a variety of ways: by finding another employer, by starting studies, by entering into fictitious marriages with Lithuanian citizens, etc.
As of 1 July 2024, the decision of the Migration Department to cancel a residence permit held by a foreigner will no longer be automatically suspended if appealed.
This means that the foreigner’s residence permit will be declared invalid, regardless of whether the foreigner appeals against the decision of the Migration Department to cancel his or her residence permit within 14 days, or not.
If the foreigner 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 foreigner will be deported and prohibited from entering the Republic of Lithuania.