Lithuania's migration department, operating under the Ministry of the Interior, announced new provisions to the law on the legal status of foreigners from 1 August 2022. The changes will affect foreign students, companies that (intend to) hire foreigners, and workers from abroad (particularly those who work in start-ups or occupy positions that require high-level professional qualifications). According to the department, amendments will facilitate current migration procedures. 

What are the new changes?

For individuals

The changes for students will mainly affect their rights to study and work (both during their studies and after their graduation). In essence, the amendments will facilitate the issuing and validity of temporary residence permits.

From now on, temporary residence permits will additionally be issued to foreigners who have arranged an internship contract in Lithuania, regardless of whether the intended internship and studies belong to the same field of involvement. Temporary residence permits will also now be issued for the period of study plus 6 months, provided a foreigner is in the last year of their studies (previously, the permit was issued for the period of studies plus 3 months). Furthermore, students from abroad who seek a doctoral degree will now be granted a permit for 3 years instead of 2.

The provisions will also affect foreign students who intend to be or are already in search of employment. Specifically, a temporary residence permit for the purpose of job seeking, valid for 1 year, will now be issued to both foreigners who have finished their studies and those who have completed formal vocational training in Lithuania.

In addition, family members of a foreigner studying for a master’s or doctoral degree will now be able to apply for a temporary residence permit on the basis of family reunification. Family members of a foreigner who has already completed such studies and has a temporary residence permit for job seeking will also be allowed to apply.

Finally, foreigners who have completed their studies or a formal vocational training programme in Lithuania will now be allowed to apply for a work-related temporary residence permit, under simplified conditions within 10 years of the completion of their studies or training (previously, the time period allowed was 2 years).

The new provisions also specify that temporary residence permits will only be issued to a foreigner admitted to study in an educational institution under a formal vocational training programme. Those studying under a non-formal vocational training programme will not be able to apply.

For employers

Meanwhile, amendments related to employment will mostly affect companies that (wish to) hire foreign workers. Specifically, companies that (wish to) employ foreigners will no longer be required to be on the list of approved companies, and there will be fewer mandatory conditions that companies must fulfill. Moreover, in order to employ foreigners who have completed studies or training in Lithuania according to a formal vocational training programme, an employer will no longer need to provide information regarding their experience, qualifications, intended salary, or the decision of the Employment Service.

Additionally, a foreigner and an employer will now be able to sign a temporary employment contract. In this case, the Employment Service will first have to confirm that the foreigner’s work meets the needs of the Lithuanian labour market. It will also be possible for foreigners to sign an employment contract with several employers.

The migration department said that amendments will also affect companies that (wish to) employ highly-qualified workers, with many procedures facilitated for foreign professionals who hold the Blue Card. A separate section of the amendments addresses foreigners who work in start-ups, namely with regards to prolonged validity of their residence permits, which will now be issued for 2 years with possible extension to 3 years.

How will integration be affected?

The changes will have an impact on foreigners in the very early stages of integration, namely those individuals granted temporary protection, asylum seekers, and irregular migrants.  

Specifically, if a foreigner has been granted temporary protection and intends to apply for a temporary residence permit on the basis of employment, he or she will not be required to obtain confirmation from the Employment Service that his or her work meets the needs of the Lithuanian labour market. This exception will only apply if such a foreigner applies for a residence permit on the basis of working for the first time after being granted temporary protection, or provided they change their residence permit and their employer remains the same.

In addition to that, citizens of Ukraine, their family members and stateless persons who fled Ukraine due to military action there by Russia and began working in Lithuania without a work permit, or those among them whose work meets the needs of the Lithuanian labour market, are fully exempt from the duty to obtain the aforementioned confirmation. This exemption is only valid if the foreigner applies for a work-based residence permit and the employment relationship continues with the same employer.

Finally, asylum seekers and foreigners who irregularly crossed the Belarusian-Lithuanian border during the state of emergency period - now extended until March 2023 - will now be granted the right to work or take up independent activities provided that they have been registered with the Lithuanian Migration Information System (MIGRIS) for at least 12 months.