10/07/2014 Amendments to the Republic of Lithuania Law on the Legal Status of Aliens. It comes into force in 2014 11 01.

Lithuania has adopted the amendments to the Republic of Lithuania Law on the Legal Status of Aliens. The main amendments are relate to foreigners’ intending to obtain residence permits Lithuania on the base, that they intends to engage in lawful activities in the Republic of Lithuania, ground, status, also the verification of incorporated or managed companies’ fiction, the requirements for foreigners living area, the other changes in the fields of foreigners’ working and studying in Lithuania.

The law defines the concept of a fictitious company, indicating that the fictitious company -a private legalperson registered in the Register of Legal Entities, whichhas beenestablishedoracquiredin order notto carry outtheactivities written in the legal entity'sincorporation documentsin Lithuania, but to geta residence permitin Lithuania for an alien–the aparticipant of this legal person, the head of this legalperson, orcollegialmember orthe supervisory body of this  legalperson.

Until now,according to the provisions of the Republic of Lithuania Law on the Legal Status of Aliens the temporary residence permit of Lithuania (hereinafter also - Lithuania residence permit) can be issued to a foreigner who intends to engage in lawful activities in the Republic of Lithuania. Under the amendments of law the intention to engage in lawful activities in the Republic of Lithuania is not enough, the alien has engaged in lawful activities and continue to engage in lawful activities in the Republic of Lithuania.

The Lithuania residence permit will be issued to an alien who is a participant of the company, which carries out the activities written in the legal entity's incorporation documents at least 6 months prior to the alien's application for the issuance of a temporary residence permit, which is set up at least three work places, and there are full-time working Lithuanian citizens or permanent resident aliens in Lithuania and the own capital value of at least 100 000 LTL, of which not less than 50 000  LTL-aliensinvested infundsorother assets,andthe alien is theheadof this company, collegialmember ofthe supervisory body of this  legalperson,the participantentitledto enter into transactionson behalf of the company, or he is a shareholder of public companyora private limitedcompany, who ownedthe company'sshares had a nominalvalue of notlessthan 1/3 of the company'sshare capital.

As well as a Lithuania residence permit will be issued to an alien who is the company’s, that meets the above requirements, head, collegial or supervisory body, and the purpose ofhis arrival is to work in the company.

Under the new provisions of the law a temporary residence permit is issued to an alien who is engaged and will continue to engage in lawful activities in Lithuania, as it was before - for 1 year, but it will be extended not to 1 year, but for a longer period  - for 2 years.

An alien who invested at least 900 000 LTL in the company's capital (asset), there is set up at least 5 work places in the company and there are full-time working Lithuanian citizens or permanent resident aliens in Lithuania, a temporary residence permit is issued and replaced for 3 years.

During the issuance of a temporary residence permit will be assessed if the company is not fictitious. When the company detected as fictitious company the Lithuania residence permit will be closed.

Also, there imposed new requirements for a foreigner living area of ​​Lithuania. The law provides that the Lithuania residence permit may be issued or amended for an alien if the alien has adequate living space in Lithuania, where is going to declare his residence place and the living space per each adult person declared his residence would be not less than 7 square meters. The alien should haveownershiporuse aroom onrentalorloan basis. Whena temporary residence permitissued to a foreignerwho intends tolearn, study, livingspacesuitable forresidentialshall not belessthan4 squaremeters.

After theentry into forceof the new law getting the Lithuaniaresidence permit on the base of workingin the Lithuanian companywill be subject toan exception of LithuanianLabour Exchange. TheLithuanianLabour Exchangewill notmake a decisiononthe alien'semploymenteligibility in Lithuanianlabour market.This decisionof the Lithuanian LabourExchangewill notbe acceptedasan alienpresentsemployer'sobligationtoemploy him not lessthanoneyearunder a contractandpaya monthlysalaryof not lessthan3LithuanianDepartment of Statisticsannouncedlastnational economyof the average monthlygrosswage rates, orwhenthe Lithuaniaresidence permitisissued tohighlyskilledprofessionalwork, or changed and alreadypassedtwoof thealien'slawfulemploymentLithuaniayears.


The new law comes into force in 1st of November 2014.

 
Foreigners’ application to issue or change the temporary residence permit of Lithuania, presented prior the new law came into force, are review and decisions to issue or the temporary residence permit of Lithuania adopted according to provisions of the Republic of Lithuania Law on the Legal Status of Aliens, which are existing now. The temporary residence permit of Lithuania for these foreigners are issued or exchangeable for such period, which was established prior the new law came into force, and at the end of their validity - are replaced by the existing legislation.

If the alien's the temporary residence permit of Lithuania was issued before the entry into force of the new law as a company’s head, owner or co-owner, these alien's application to replace a temporary residence permit of Lithuania submitted by 1stMay 2015 is exanimated and the decision to issue a temporary residency permit Lithuania adopted according to provisions of the Republic of Lithuania Law on the Legal Status of Aliens, which are existing now. The temporary residence permit of Lithuania for these foreigners are issued or exchangeable for such period, which was established prior the new law came into force, and at the end of their validity - are replaced by the existing legislation.

 

MIGRATION LAW CENTER