MINISTER OF SOCIAL SECURITY AND LABOUR
OF THE REPUBLIC OF LITHUANIA
ORDER
CONCERNING AMENDMENTS TO ORDER OF THE MINISTER OF SOCIAL SECURITY AND LABOUR OF THE REPUBLIC OF LITHUANIA No
A1-133 of 27 MARCH 2013 ‘CONCERNING APPROVAL OF THE PROCEDURE FOR THE ISSUE OF WORK PERMITS TO FOREIGN NATIONALS‘
19 March 2015 No A1-141
Vilnius
1. Order of the Minister of Social Security and Labour of the Republic of Lithuania No A1-133 of 27 March 2013 ‘Concerning approval of the Procedure for the Issue of Work Permits to Foreign Nationals’ is hereby amended and its new wording is provided below:
‘MINISTER OF SOCIAL SECRUTIY AND LABOUR
OF THE REPUBLIC OF LITHUANIA
ORDER
CONCERNING APPROVAL OF THE PROCEDURE FOR THE ISSUE OF WORK PERMITS TO FOREIGN NATIONALS
In accordance with Article 57(5) of the Republic of Lithuania Law on the Legal Status of Aliens, I hereby:
1. A p p r o v e the Procedure for the Issue of Work Permits to Foreign Nationals (appended).
2. C h a r g e the relevant Vice-Minister with responsibility for the enforcement of this Order.
2. E s t a b l i s h that any procedure for the issue of a permit to work in the Republic of Lithuania, issue of a duplicate, extension of a work permit, and revocation of a work permit that has been started prior to the effective date of this Order shall be completed in accordance with the requirements that were valid prior to such effective date.
Minister of Social Security and Labour AlgimantaPabedinskienė
AGREED
Ministry of the Interior
of the Republic of Lithuania
Letter No 1D-2881(3) of 16 March 2015
APPROVED
By Order of the Minister of Social Security and Labour of the Republic of Lithuania
No A1-133 of 27 March 2013
(New version: Order of the Minister of Social Security and Labour
No A1-141 of 19 March 2015)
PROCEDURE FOR THE ISSUE OF WORK PERMITS TO FOREIGN NATIONALS
CHAPTERI
GENERAL PROVISIONS
1. This Procedure for the Issue of Work Permits to Foreign Nationals (the ‘Procedure‘) shall govern the issuance of permits to work in the Republic of Lithuania to foreign nationals (aliens) (hereinafter referred to as the ‘work permit‘), extension of the work permit, refusal to issue or extend the work permit, issue of a duplicate, revocation of the work permit, as well as the obligations of an employer that has hired a foreign national.
2. The terms used in this Procedure are consistent with the terms used in the Republic of Lithuania Law on the Legal Status of Aliens, the Republic of Lithuania Law on Guarantees for Posted Workers, and the Labour Code of the Republic of Lithuania.
3. Any foreign national who intends to work in the Republic of Lithuania under an employment contract shall obtain a work permit except for cases provided for in Article 58 of the Republic of Lithuania Law on the Legal Status of Aliens when he is exempted from the duty to obtain a work permit.
4. A foreign national shall be obliged to obtain a work permit prior to arrival to the Republic of Lithuania if he:
4.1. has a permanent place of residence abroad but he is posted for work in the Republic of Lithuania, except for cases referred to in Article 58 (5) and (6) of the Republic of Lithuania Law on the Legal Status of Aliens;
4.2. arrives for advanced training or internship/apprenticeship;
4.3. arrives for seasonal works referred to in Resolution of the Government of the Republic of Lithuania No 154 of 7 March 1994 ‘Concerning seasonal works‘;
4.4. in other cases where, under Article 58 of the Republic of Lithuania Law on the Legal Status of Aliens, he is not exempted from the duty to obtain a work permit (hereinafter referred to as ‘not exempted from the duty to obtain a work permit‘);
5. A foreign national shall obtain a work permit prior to the start of work if he is not physically present in the Republic of Lithuania but intends to work under a distant work contract concluded with an entity operating in the Republic of Lithuania.
6. A foreign national intending to exercise the right to work may apply for a work permit upon arrival to the Republic of Lithuania if
6.1.this is established in an international treaty on youth exchange signed by the Republic of Lithuania;
6.2. the foreign national has been admitted to study under a Level 1 study programme or an integrated studies programme (hereinafter referred to as the ‘student at an educational establishment of the Republic of Lithuania‘) and holds a permit to reside temporarily in the Republic of Lithuania, issued under Article 40(1)6 of the Republic of Lithuania Law on the Legal Status of Aliens except for the case referred to in Article 58(2) of the Republic of Lithuania Law on the Legal Status of Aliens;
6.3. the foreign national cannot be returned to a foreign state or deported from the Republic of Lithuania in the cases referred to in Article 130 (1), (2) and (4) of the Republic of Lithuania Law on the Legal Status of Aliens, or his expulsion from the Republic of Lithuania has been suspended due to the circumstances referred to in Article 132(1) thereof (hereinafter referred to as ‘impossible to deport from the Republic of Lithuania or deportation suspended‘) and he holds a temporary residence permit to reside in the Republic of Lithuania under Article 40(1)8 of the Republic of Lithuania Law on the Legal Status of Aliens;
6.4. a foreign national is or was a victim of human trafficking or illegal labour and is cooperating with a pre-trial investigation body or a court in the fighting against human trafficking or crimes related to human trafficking or illegal labour (hereinafter referred to as ‘is or was a victim of human trafficking or illegal labour‘) and holds a permit to reside temporarily in the Republic of Lithuania, issued under Article 40(1)12 of the Republic of Lithuania Law on the Legal Status of Aliens.
7. A work permit shall be issued having regard to the demand on the Lithuanian labour market, where there is no specialist in the Republic of Lithuania that meets the qualifications requirements set by the employer and there is no citizen of the Republic of Lithuania, a European Union Member State or a Member of the European Free Trade Association or a member of the family of such citizen (hereinafter referred to as ‘citizens of EU Member States‘) or a foreign national that has acquired the long-time residence status in another EU Member State and intending to be employed in the Republic of Lithuania, who could take such vacant job.
8. A foreign national may hold only one work permit at a time.
9. This Procedure shall not apply to those citizens of EU Member States and other persons who enjoy the right of free movement of persons under the European Union law.
10.State dues set by the Government of the Republic of Lithuania shall be collected for the issue of a work permit (or its duplicate if required) and for the extension thereof.
11. The work permits (or their duplicates as appropriate) shall be issued to foreign nationals, extended or revoked by the National Labour Exchange under the Ministry of Social Security and Labour of the Republic of Lithuania.
CHAPTERII
FILING OF AN APPLICATION FOR THE ISSUE OF A WORK PERMIT WHERE A FOREIGN NATIONAL MUST OBTAIN THE WORK PERMIT PRIOR TO ARRIVAL TO THE REPUBLIC OF LITHUANIA
12. For the issuance of a work permit for a foreign national, an employer shall approach a local labour exchange in the territory of which a job vacancy has been recorded.
13. An employer intending to employ a foreign national under an employment contract (except for cases referred to in Clauses 15 and 16 of this Procedure) shall register a job vacancy with a local labour exchange with the term of validity of the job advertisement not shorter than 1 month. The employer may submit documents related to the foreign national‘s employment to the local labour exchange within one month upon expiry of the validity of the job advertisement.
14. An employer intending to employ a foreign national who is not exempted from a duty to obtain a work permit, except for foreign nationals referred to in Clauses 4.1 to 4.3 of this Procedure, shall furnish the local labour exchange with information on the projected foreign nationals’ employment demand 3 months in advance. The said requirement shall not apply to an employer that intends to employ, over the next 6 months, maximum 5 foreign nationals with the same professional qualifications.
15. An enterprise, institution, organisation registered in the Republic of Lithuania or a division of a foreign legal person or another organisation registered in the Republic of Lithuania (hereinafter referred to as the ‘entity‘) receiving a foreign national whose permanent place of work is in a foreign country and who is being posted for temporary work in the Republic of Lithuania shall file an application (Annex 1) together with the following documents:
15.1. a copy of the agreement on provision of services or performance of works concluded by and between the entity and the foreign organisation sending the employee;
15.2. a copy of a registration certificate or an extract from a foreign register issued to a division of a foreign legal person or another organisation;
15.3. brief information of the works to be performed or services to be provided;
15.4. a copy of a valid travel document issued to the foreign national;
15.5. a copy of the foreign national‘s employment contract with the sending organisation;
15.6. a certificate issued by a competent body of a foreign state certifying that the foreign national is covered by social security by the sending organisation. Where competent bodies of the foreign state do not issue certificates of the person‘s social security status, a certificate of social security cover issued by the sending organisation and a certificate issued by a foreign competent body certifying that the sending organisation is not in arrears with payments of state social security contributions shall be submitted;
15.7. a copy of the foreign national’s diploma or another document proving his qualifications.
16. Where the foreign national is not younger than 18 and not older than 30 years of age, has higher educational attainment or is a student at a higher educational establishment, intends to improve his Lithuanian or his professional competences or to acquire additional competences, the employer seeking to employ such foreign national for advanced training or internship/apprenticeship shall file an application (Annex 2) together with the following documents:
16.1. a copy of a valid travel document issued to the foreign national;
16.2. a copy of the foreign national‘s diploma or another document proving his qualifications;
16.3. a copy of a recommendation on the assessment of foreign qualifications, issued by the Centre for Quality Assessment in Higher Education (CQAHE), together with a copy of the foreign national‘s diploma or another document proving his qualifications in cases where the relevant profession is not regulated in the Republic of Lithuania but higher educational attainment is required. A local labour exchange may request the employer, based on the recommendation of CQAHE, to submit a copy of a CQAHE decision on academic recognition of a foreign qualification according to the Procedure for the Recognition of Educational Attainment and Qualifications Related to Higher Education and Acquired under Educational Programmes Offered by Foreign States and International Organisations approved by Resolution of the Government of the Republic of Lithuania No 212 of 29 February 2012;
16.4. a copy of a competent body‘s decision on recognition of the person‘s professional qualifications as established in Resolution of the Government of the Republic of Lithuania No 1069 of 14 September 2011 ‘Concerning Recognition of Regulated Professional Qualifications of Third-Country Nationals’ if the relevant profession is regulated in the Republic of Lithuania according to the List of Professions Regulated in the Republic of Lithuania approved by Order of the Minister of the Economy No 4-486 of 15 July 2014 ‘Concerning approval of the List of Professions Regulated in the Republic of Lithuania’;
16.5. a certificate issued by a foreign higher educational establishment, evidencing the foreign national‘s studies at the establishment (to be submitted instead of the documents referred to in Clauses 16.2-16.4 if the foreign national is a student at a higher educational establishment);
16.6.an employer‘s certificate stating the foreign national‘s Lithuanian language skills (to the extent necessary for applying for a job) and the information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested.
17. An employer intending to hire a foreign national for seasonal works shall file an application (Annex 3) together with the following documents:
17.1. a copy of a valid travel document issued to the foreign national;
17.2. a copy of a document evidencing the foreign national‘s qualifications where possession of the qualification is mandatory;
17.3. an employer‘s certificate stating the necessity to hire the foreign national and the information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested;
17.4. a copy of employment contract or the employer‘s undertaking to employ the foreign national, stating the work place, type of the job, length of employment, pay, working hours per week, length of paid leave, estimated start of work and other important conditions.
18. An employer intending to employ, under an employment contract, a foreign national referred to in Clause 4.4 of this Procedure who is not exempted from the duty to obtain a work permit, shall submit an application (Annex 4) together with the following documents:
18.1. a copy of a valid travel document issued to the foreign national;
18.2. a copy of the foreign national‘s diploma or another document proving his qualifications;
18.3. a copy of the document referred to in Clause 16.3 or 16.4 of this Procedure;
18.4. a copy of the document proving the foreign national‘s one-year work experience according to his professional qualifications over the past two years;
18.5. an employer‘s certificate stating information on:
18.5.1. the necessity to employ the foreign national;
18.5.2. Employees’ dismissal from work during 3 months prior to the date of the application for the work permit (stating the reasons for dismissal and the qualifications and functions of the dismissed employees);
18.5.3. information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested.
CHAPTER III
FILING OF AN APPLICATION FOR THE ISSUE OF A WORK PERMIT WHERE A FOREIGN NATIONAL INTENDS TO WORK UNDER A DISTANCE WORKING CONTRACT
19. An employer intending to hire a foreign national under a distance working contract, shall submit the application (Annex 5) together with the following documents:
19.1. a copy of a valid travel document issued to the foreign national;
19.2. a copy of the foreign national‘s diploma or another document proving his qualifications;
19.3. a copy of the document proving the foreign national‘s one-year work experience according to his professional qualifications over the past two years;
19.4. the employer’s certificate stating the necessity to employ the foreign national and the information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested.
CHAPTER IV
FILING OF AN APPLICATION FOR THE ISSUE OF A WORK PERMIT TO A FOREIGN NATIONAL WHO IS IN THE REPUBLIC OF LITHUANIA
20. An employer or a foreign national who is in the Republic of Lithuania may apply for the issue of a work permit for the foreign national to a local labour exchange in the territory of which a job vacancy has been registered, and in the case referred to in Clause 6.1 of this Procedure – to a local labour exchange the area of which includes the registered office or the place of business of the employer.
21. An employer that intends to employ a foreign national referred to in Clauses 6.2 to 6.4 of this Procedure shall register a job vacancy.
22. Where a foreign national intends to exercise the right to work in the cases established in international treaties on youth exchange signed by the Republic of Lithuania, an application (Annex 6) and the following documents shall be submitted:
22.1. a copy of a valid travel document issued to the foreign national, a copy of a multi-entry national visa;
22.2. a copy of an employment contract and information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested, if there is an agreed employment contract and if the foreign national arrives for advanced training or internship/apprenticeship.
23. Where the right to work is to be exercised by a foreign national studying at an educational establishment of the Republic of Lithuania, an application (Annex 7) shall be submitted together with the following documents:
23.1. a copy of a temporary residence permit issued for residence in the Republic of Lithuania in accordance with Article 40(1)6 of the Republic of Lithuania Law on the Legal Status of Aliens;
23.2. a certificate issued by an educational establishment of the Republic of Lithuania certifying that the foreign national is a student, and if the foreign national is studying under a Level 1 study programme or an integrated studies‘ programme, the certificate shall also state that the foreign national is in Year 2 or any subsequent year of studies;
23.3. a copy of the employment contract or the employer‘s undertaking to employ the foreign national and information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested.
24. Where the right to work is to be exercised by a foreign national that cannot be deported from the Republic of Lithuania or his deportation has been suspended, an application (Annex 8) shall be filed together with the following documents:
24.1. a copy of a temporary residence permit issued for residence in the Republic of Lithuania in accordance with Article 40(1)8 of the Republic of Lithuania Law on the Legal Status of Aliens;
24.2. a copy of the foreign national‘s diploma or another document proving his qualifications;
24.3. the employer‘s certificate stating the necessity to employ the foreign national and the information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested.
25. Where the right to work is to be exercised by a foreign national who was or is a victim of human trafficking or illegal labour, an application (Annex 8) shall be filed together with the following documents:
25.1. a copy of a temporary residence permit issued for residence in the Republic of Lithuania in accordance with Article 40(1)12 of the Republic of Lithuania Law on the Legal Status of Aliens;
25.2. a copy of the foreign national‘s diploma or another document proving his qualifications;
25.3. the employer‘s certificate stating the necessity to employ the foreign national and the information on the average pay if the entity has more employees in the same jobs as the job for which a foreign national‘s work permit is being requested.
CHAPTER V
ISSUING A WORK PERMIT
26. Documents issued in foreign states shall be legalised or certified by Apostille according to the established procedure unless legal acts require otherwise. Translation of documents that have been issued in a language other than Lithuanian into Lithuanian shall be attested by the translator‘s signature. Copies of documents shall be attested by a signature and seal of the entity‘s chief executive officer or a person authorised by him, if the entity is obliged to have a seal.