In 2024 and 2025, significant changes in migration laws will come into effect in Lithuania, impacting employers hiring citizens from third countries. These amendments aim to tighten requirements for companies wishing to employ foreign nationals and for the qualifications and compliance of those intending to work in Lithuania. They also increase employer accountability for non-compliance and replace the quota mechanism with a stricter system limiting the entry of third-country nationals for employment.
These changes are highly relevant to all employers who have hired or plan to hire foreign nationals. TRINITI JUREX Migration Law team leader Kamila Ratkevič has prepared a detailed overview of these changes.
From July 1, 2024
Stricter Requirements for Hiring Third-Country Nationals
Starting July 1, 2024, hiring a third-country national will only be possible if:
- The employer commits to employing the foreign national for no less than six months.
- The employer hires the foreign national for full-time employment.
- It is confirmed that the activity for which the foreigner is invited has been ongoing for at least the past six months.
- Employment involves no more than four employers.
- Both the foreigner and the employer have no outstanding tax debts to the Lithuanian state budget.
- The foreign national begins work only after receiving a temporary residence permit.
- The employer must specify the foreigner's qualifications and related work experience, which must be at least one year within the last three years in the relevant field. Alternatively, the planned monthly salary must not be less than the average gross monthly salary of the preceding calendar year (€2,013 currently).*
*Exceptions include foreign nationals who graduated or completed formal professional training in Lithuania, among other cases.
Additional Conditions and Stricter Sanctions for Employers
Employers hiring foreign nationals for licensed activities must hold the necessary licenses and permits and ensure compliance with all operational conditions.
Employers must:
- Have no outstanding administrative penalties for failing to report changes in foreign national data, providing false data, or assisting in acquiring residence-related documents illegally. If fined, one year must pass since the penalty was paid.
- Have not been penalized for illegal or undeclared work or violations of employment procedures. If fined, one year must pass since the penalty was paid.
- Ensure data and documents provided are accurate, lawful, and not falsified.
- Operate lawfully for at least six months before inviting a foreign national.
- Be legitimate and not suspected of being fictitious or posing a risk of illegal migration.
Non-compliance may result in administrative sanctions and bans on hiring foreign nationals.
Restrictions on Changing Employers
Foreign nationals can only work for the employer who invited them and for the specific job function for which they were employed. Previously, they could change employers anytime with approval from the Migration Department. Now, a foreign national must wait six months from the date of obtaining a temporary residence permit before requesting permission to change employers.
Immediate Revocation of Residence Permits
A decision by the Migration Department to revoke a temporary residence permit will no longer be suspended if the foreign national appeals. If the individual does not leave Lithuania within 14 days of the permit's revocation, they will be issued a return decision. Failure to comply will result in deportation and a ban on re-entering Lithuania.
From September 1, 2024
Increased Costs for Employers
Employers must now pay a state fee of €50 for each mediation letter submitted via the MIGRIS system, including those for changing employers.
From November 16, 2024
Extended Deadlines for Residence Permit Applications
Applications for residence permit renewal can now be submitted up to six months (previously four months) before the permit's expiration, providing more flexibility.
From December 1, 2024
Stricter Conditions for VFS Global Centers
Foreign nationals can only apply for temporary residence permits or national visas at a VFS Global center in their home country. Exceptions include family reunification, high-skilled employment (Blue Card), studies, academic or research work, internal company transfers, or relocation to a major investor in Lithuania.
From January 1, 2025
Introduction of Strict Quotas
Temporary residence permits will only be issued if the annual quota for third-country nationals entering for work has not been exceeded. The quota will not exceed 1.4% of Lithuania's permanent population as of July 1 of the previous year. Exceptions apply to those who meet certain salary thresholds or create high-value-added professions.
Non-Insurable Periods and Non-Performance of Work Functions
Residence permits will not be issued or renewed if the employer has had two or more foreign employees in non-insurable periods exceeding 90 days in the last 180 days, except in specific cases such as parental leave or illness.
From January 21, 2025
Legalization of Russian Documents
All official documents issued in Russia must be legalized due to the termination of the Lithuania-Russia legal assistance agreement.
These changes significantly impact how employers manage the employment of foreign nationals and require careful planning and compliance to avoid legal and administrative challenges.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.