The Seimas adopted amendments to the Law on the Legal Status of Aliens (draft No XIIIP-443(2) to adjust the regulation of entry of foreign specialists to Lithuania.

The Law establishes the aliens’ entry scheme that complies with the provisions of Directive 2014/66/EU relating to an intra-corporate transfer, i.e. when an undertaking established in a foreign state temporarily posts an alien, for occupational or training purposes, to its agency, branch or undertaking belonging to the same group of undertakings, which are established in the Republic of Lithuania, and when an intra-corporate transferee moves among undertakings that belong to the same undertaking or group of undertakings established in the Republic of Lithuania and other EU Member States.

An alien from a third country may be transferred to a host undertaking established in Lithuania as a manager, specialist or trainee employee if he/she meets the requirements in terms of qualification and professional experience.

In view of the opinions of the Ministry of the Interior, the Migration Department under the Ministry of the Interior, and the State Security Department, as well as the proposal by the Seimas Committee on Foreign Affairs as the lead Committee on this matter, the Law establishes a two-month time limit for processing applications for permits for temporary residence in Lithuania, when applications are submitted by foreign intra-corporate transferees, i.e. managers of undertakings and high-level professionals.

Trainee employees will be issued temporary residence permits for a period not exceeding three months. Moreover, trainee employees will be required to have a traineeship contract (and a traineeship programme) and a university degree and to have worked for a certain period in a foreign undertaking posting them.

The Law establishes that an intra-corporate transfer, including movement among host undertakings established in other EU Member States, may not last for more than three years in case of an intra-corporate transfer of a manager or a specialist and for more than one year in case of an intra-corporate transfer of a trainee employee. At the end of this period, an alien must depart from the Republic of Lithuania to a non-EU state. A new application for issuing a temporary residence permit may be submitted no sooner than three months after the departure of an alien from the Republic of Lithuania if his/her intra-corporate transfer lasted for the maximum permitted period.

With their entry into force scheduled for 1 September 2017, the amendments were adopted by 84 votes in favour, 4 against and 25 abstentions.

 

Source: The Parliament of Lithuania