21/10/2014 New version of Article 45 of the Law on the Legal Status of Aliens

On 1 January, 2015, an amendment to Article 45 of the Law on the Legal Status of Aliens will enter into force, it will state that:
· temporary residence permit may be issued to an alien who is engaged and intends to engage in lawful activities in the Republic of Lithuania, provided that the alien:
1) is a participant in an enterprise, which, at least the past 6 months prior to the alien's application for the issue of a temporary residence permit, has been carrying out activities in the Republic of Lithuania, referred to in incorporating documents, which has established at least three work places, full-time occupied by citizens of the Republic of Lithuania or permanent alien residents of the Republic of Lithuania, and an equity (in case other than a stock company or a joint-stock company - assets) of which amounts to at least 28,000 Euro, not less than 14,000 Euro of which are funds or other assets invested by the alien, and he is the head or a member of a collegial management or supervisory body of the enterprise, having the right to enter into transactions on behalf of it, or is a shareholder of a stock company or a joint-stock company, in which the nominal value of his proportion of the authorised capital held in the enterprise must comprise not less than 1/3;
2) is the head or a member of a collegial management or supervisory body of the enterprise, which meets the above requirements herein, and the goal of his arrival is work in such company;
3) has been exempted from the obligation to obtain a work permit.
· A temporary residence permit is issued to an alien who is engaged and intends to continue to engage in lawful activities in the Republic of Lithuania, for the period of one year, replaced – for two years. A temporary residence permit is issued and replaced to an alien who has invested in an equity (assets) of an enterprise at least 260,000 Euro, and the enterprise has established at least five work places, full-time occupied by citizens of the Republic of Lithuania or permanent alien residents of the Republic of Lithuania, for the period of three years.
The procedure regulating the issue of temporary residence permits provides for an assessment whether there are serious grounds to believe that the enterprise, where the alien is the head or a member of a collegial management or supervisory body, is fictitious. It is important to note that the alien, having terminated lawful activities in the Republic of Lithuania, must depart.

 

MIGRATION LAW CENTER