LT

Procedure for Deciding on the Compliance of the Work Requiring Aliens with High Professional Qualifications in the Republic of Lithuania to the Labor Market Needs

An employer wishing to employ a foreigner must apply to the Employment Service to register a vacancy.

The employer’s request to issue a decision on compliance of a foreigner with a high professional qualification with the needs of the labor market of the Republic of Lithuania shall be examined if he or she registered a vacant job in the procedure prescribed by legal acts 5 working days prior to the submission of the application to the employment office.

ATTENTION!

 

The description does not apply to nationals of the Member States of the European Union and the European Free Trade Association, their family members and other persons enjoying the right of free movement of persons under European Union law. The description also does not apply to the shareholders, managers, shareholders of the joint-stock company or private limited liability company subject to the provisions of Article 45 (1) (1) to (22) of the Law on the Legal Status of Aliens.

 

Documents submitted to the Territorial Employment Service

 

The following documents are required to employ an alien who intends to work for a job requiring a high professional qualification (Translation of documents in Lithuanian into Lithuanian must be approved by the Translation Bureau):

 

  1. High Level Professional Qualification Decision (DOC);
  2. a copy of the alien’s valid travel document;
  3. In accordance with the procedure established by the Center for Quality Assessment in Higher Education, a recommendation regarding the academic recognition of a foreign qualification, as set out in the Government of the Republic of Lithuania 2012 February 29 by Decree no. 212 „On the Approval of the Description of the Procedure for Recognition of Education and Qualifications Related to Higher Education and Recognized under the Education Programs of Foreign States and International Organizations“, together with a copy of a foreigner’s diploma or other document certifying a person’s qualification, if the profession is not regulated in the Republic of Lithuania;
  4. the decision of the competent authority on the recognition of a person’s professional qualifications, as established by the Government of the Republic of Lithuania in 2011; September 14 by Decree no. 1069 „On the Recognition of Third-Country Nationals Professional Qualifications“, if the profession is regulated in the Republic of Lithuania according to the list of regulated professions in the Republic of Lithuania approved by the Minister of Economy of the Republic of Lithuania in 2014. July 15 by Order no. 4-486 On Approval of the List of Professions Regulated in the Republic of Lithuania.
  5. Document of the institution authorized by the Government of the Republic of Lithuania to equate a foreigner with 5 years of professional experience to a higher education qualification when an alien intends to work in a profession not regulated in the Republic of Lithuania as defined by the Government of the Republic of Lithuania in 2017; March 22 by Decree no. 211 „On the Approval of the Procedure for Equating Professional Experience to the Qualification of Higher Education and the Procedure for Issue of a Document certifying it“.
  6. a copy of the payment order or receipt confirming the payment of the state fee established by the Government of the Republic of Lithuania for the decision on the compliance of the work requiring a high professional qualification of the alien with the labor market needs of the Republic of Lithuania.

An employer wishing to employ a foreigner who has been granted a temporary residence permit in the Republic of Lithuania pursuant to Paragraph 40 (1) of the Law on the Legal Status of Aliens of the Republic of Lithuania for work requiring high professional qualifications and who wishes to change employer during the first 2 years of legal employment in the Republic of Lithuania not later than 3 months before submitting an employment contract with an alien to the Territorial Employment Service an application and a copy of the alien’s valid temporary residence permit in the Republic of Lithuania.

 

An employer who has employed an alien who has been granted a temporary residence permit in the Republic of Lithuania as a worker with a high professional qualification under Paragraph 41 (1) of Article 40 of the Law on the Legal Status of Aliens, when it appears that an alien who has been employed for highly qualified employment According to the profession which is not included in the list of professions requiring high professional qualification and lack of employees in the Republic of Lithuania approved by the Government of the Republic of Lithuania, wages and salaries will be lower than 3, but not less than 1.5. the amount of the gross monthly earnings, not later than 1 month before the date of payment of the reduced wage, shall submit a request to the territorial employment office of the foreign employment agency; a copy of the decision on temporary recognition of a foreign qualification with a copy of the diploma and a copy or receipt of the payment order.

Employer wishing to employ an alien for whom, according to the Republic of Lithuania

Article 40, Paragraph 1, Clause 41 of the Law on the Legal Status of Aliens issued by the Law on the Law on Aliens issued a temporary residence permit in the Republic of Lithuania for work requiring a high professional qualification, when it turns out that an alien who has been employed for a profession requiring a high professional qualification which is not included in the \ t The list of professions for which a high professional qualification is required in the Republic of Lithuania, approved by the Government of the Republic, will become less than 3, but not less than 1.5 of the last published monthly average gross monthly earnings of the Lithuanian Department of Statistics, not later than 3 months prior to the conclusion of the employment contract with the foreigner must submit an application to the Territorial Employment Office, a decision on the foreign qualification issued in accordance with the procedure established by the Center for Quality Assessment in Higher Education its academic recognition with a copy of the diploma or a document issued by the institution authorized by the Government of the Republic of Lithuania to equate the alien’s 5 years of professional experience with a higher education qualification when the alien intends to work in a non-regulated profession in the Republic of Lithuania as defined by the Government of the Republic of Lithuania in 2017; March 22 by Decree no. A copy of the payment order or a receipt.

 

An employer wishing to employ an alien who has acquired education in the Republic of Lithuania and who has been issued a temporary residence permit in the Republic of Lithuania in accordance with Item 6 of Paragraph 1 of Article 40 of the Law on the Legal Status of Aliens must submit an application to the Territorial Employment Service and a copy of the alien’s diploma confirming the qualification of the alien.

 

An employer wishing to employ a foreigner who is employed in the Republic of Lithuania under an employment contract and has a temporary residence permit issued in the Republic of Lithuania under Article 40 (1) (4) of the Law on the Legal Status of Aliens or a work permit and multiple national visa issued by the Republic of Lithuania must submit to the Territorial Employment Service an application, a copy of the alien’s valid temporary residence permit in the Republic of Lithuania or a copy of the multiple national visa issued by the Republic of Lithuania and a decision on the academic recognition of the foreign qualification with a copy of the diploma, issued by the Center for Quality Assessment in Higher Education if the territorial employment service has not been submitted before copy of the order or receipt.

 

An employer wishing to employ an alien who intends to work for a highly qualified job and holding a residence permit and work permit („EU Blue Card“) issued by another Member State of the European Union must submit to the territory of the Republic of Lithuania no later than one month after the entry. Application to the Territorial Employment Service, a decision on the academic recognition of a foreign qualification with a copy of a diploma and a copy of a payment order or a copy of a valid residence permit issued to an alien of another Member State („EU Blue Card“). The application and other documents referred to in this clause may be submitted by the employer to the territorial employment office and when the alien who intends to work for a highly qualified job and has a residence permit issued by another EU Member State (the „EU Blue Card“) is still alive. Within the territory of a Member State of the European Union.

 

The documents of the foreign states must be approved in accordance with the Procedure for the Legalization of Documents and Approval Certificate (Apostille) approved by the Government of the Republic of Lithuania in 2006. October 30 by Decree no. 1079 „Approval of the Description of the Procedure for Legalization and Certification of Documents (Apostille)“. Documents prepared in a foreign language must be submitted to the Lithuanian translation and approved by the Translation Bureau.

 

It should be noted that the Description of the Procedure for Adoption of the Decision on the Compliance of an Alien’s Highly Qualified Work with the Labor Market Needs of the Republic of Lithuania applies only to those highly qualified foreigners who submit an employer’s obligation to employ an alien under an employment contract where the monthly salary for the period of temporary residence is not less than 1.5 and not more than 3 average monthly gross wages and salaries of the national economy published by Statistics Lithuania.

 

After receiving the documents and before issuing the certificate of receipt, Employment Service checks:

 

  1. Does the employer / company meet the following requirements:

 

1.1. is a legal person established in the Republic of Lithuania, the European Union a legal person or other organization established in the Member State or their subsidiaries established in the Republic of Lithuania;

 

1.2. is not bankrupt, has no bankruptcy proceedings;

 

1.3. The monthly salary specified in the application is not less than 1.5 of the last published quarterly national economy BDU of Statistics Lithuania;

 

1.4. has no tax arrears, the due date of which has passed more than 30 days, state and / or municipal budgets and funds, to which the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania administers taxes, and (or) has no outstanding obligations with the State Social Insurance Fund budget for more than 30 days;

 

1.5. does not have a valid administrative penalty in accordance with Articles 95, 540 of the Code of Administrative Offenses of the Republic of Lithuania. This requirement shall also apply to the employer’s manager or other responsible person;

 

1.6. has no fine within the last one year in accordance with the violations of Articles 56 and 57 of the Law on Employment of the Republic of Lithuania;

 

1.7. a natural person is a citizen of a Member State of the European Union, another natural person who enjoys rights of movement in the Member States granted by the legislation of the European Union and has the right to reside in the Republic of Lithuania;

 

  1. Does the information specified in the application regarding the alien’s possession of the document giving the right to be or reside in the Republic of Lithuania correspond to the data of the Aliens Register:

 

  1. Does the employment service’s information system give permission for the alien to work if the alien works under an employment contract and has a temporary residence permit issued in the Republic of Lithuania under Article 40 (1) (4) of the Republic of Lithuania Law on the Legal Status of Aliens Issued by the Republic of Lithuania.

 

Terms

 

Documents in the Territorial Employment Service regarding the compliance of a foreigner with a high professional qualification with the needs of the labor market of the Republic of Lithuania shall be examined within a maximum of 3 working days

 

In the Employment Service, the documents of the alien’s high professional qualification for the labor market needs of the Republic of Lithuania within a maximum of 4 working days.

 

Decision making

 

The Employment Service informs the Migration Department under the Ministry of the Interior and the employer by sending a copy of the scanned decision by e-mail within 3 working days about the decision on the compliance of the work requiring a high professional qualification with the needs of the labor market of the Republic of Lithuania.

 

Also, the employer can find out about the decision made by calling the Methodology and Monitoring Department of the Department of Labor Market and Employment Support Policy of the Employment Service tel. (8 5) 236 0775

 

Fee for decision-making

 

For the decision on the compliance of the work of an alien with the labor market needs of the Republic of Lithuania – 28 EUR.

 

Payments for making a decision on the compliance of an alien’s job with the labor market needs of the Republic of Lithuania:

 

Taxes, levies and fees collected by the State Tax Inspectorate are paid into budget revenue collecting accounts:

 

RECIPIENT: State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania

 

RECEIVER CODE: 188659752

 

ACCOUNT NUMBER AND BANK:

Account numberBank codeBank nameSWIFT code
LT74 4010 0510 0132 476340100AB DNB bankasAGBLLT2X
LT05 7044 0600 0788 717570440AB SEB bankasCBVILT2X
LT32 7180 0000 0014 103871800Akcinė bendrovė Šiaulių bankasCBSBLT26
LT74 7400 0000 0872 387074000Danske Bank A/S Lietuvos filialasSMPOLT22
LT12 2140 0300 0268 022021400Nordea Bank AB Lietuvos skyriusNDEALT2X
LT24 7300 0101 1239 430073000„Swedbank“, ABHABALT22

 

In the payment order, paying taxes, fees and contributions to the State Revenue Inspectorate’s budget revenue collection accounts, it is necessary to specify:

  • the name of the recipient;
  • the billing account number;
  • payer identification number (Lithuanian legal entity – Legal entity registry code, Lithuanian resident’s personal code, foreign legal person or organization – taxpayer identification number);
  • payer’s name or surname;
  • payment code;
  • amount;
  • purpose of payment for decision making (name of alien).

CONTRIBUTION CODE: 5801

 

Approval of employment contracts

 

An employment contract with an alien who intends to work for a job requiring a high professional qualification must be drawn up and the employer must submit a copy thereof, approved by the procedure prescribed by legal acts, to the territorial Employment Office for registration within 2 months from the issuance of the temporary residence permit for this alien or from the employment contract with the new employer. the date of conclusion. The Territorial Employment Service, after verifying whether the contract is in conformity with the information provided in the Application, will see it in the employment service information system.

Attention:

Registration of an employment contract is also obligatory for foreigners working in the Republic of Lithuania with high professional qualifications and having a temporary residence permit, issued on the basis of Article 40 (1) (41) of the Republic of Lithuania Law on the Legal Status of Aliens, where:

 

  1. The employer’s obligation to employ an alien to work in a highly professional occupation, which is included in a list of professions requiring a high professional qualification in the Republic of Lithuania, for a period of at least one year under an employment contract and a monthly salary. not less than 1.5 of the average monthly gross wage and salary earned by the State Statistics Department of Statistics Lithuania;

 

  1. An employer’s obligation to employ a foreigner to work in a highly professional occupation not included in the list of professions requiring high professional qualifications in the Republic of Lithuania for a period of at least one year under the employment contract and monthly salary , at least 3 average monthly gross wage and salary earnings of the last quarterly statistics published by Statistics Lithuania;

 

  1. The alien’s temporary residence permit, issued for work requiring a high professional qualification, is changed and has already passed two years of legal work of this alien in the Republic of Lithuania.

 

Employment Contract Requirements:

 

  1. an employment contract with an alien shall be made in writing in accordance with the procedure established by the Law of the Republic of Lithuania and the form approved by the Government of the Republic of Lithuania;
  2. the contract must be in two languages: Lithuanian and foreign language;
  3. The employment contract must be made in duplicate. One job contract by Lithuanian and

the copy of the language understood by the alien shall be kept in the territorial employment office;

  1. The wage of an alien may not be less than 1.5 of the last published monthly average gross monthly earnings of the Statistics Lithuania.

© Employment Service Under the Ministry of Social Security and Labour
Budgetary authority.
Geležinio Vilko str. 3A, LT-03131, Vilnius 
Legal entity code: 190766619

Phone 1883 or (+370) 5 250 0883
Fax.: (8 5) 236 0788, (8 5) 274 5883
Email: info@uzt.lt, eures@uzt.lt
Quoting is authorized with appropriate reference.