Lithuania ends work permit exemption for foreigners without temporary protection
As of 1 September, the order, signed by the Minister of the Interior Agnė Bilotaitė, withdraws some employment-related benefits, applicable to foreigners, unable to return to Ukraine.
To this date, foreigners unable to return to Ukraine and with no right to temporary protection that have registered at the Migration Department were exempt from the obligation to obtain a work permit as long as they met certain exceptions.
These were applied to:
- foreigners subject to a visa-free regime or with a valid Schengen visa;
- foreigners, holding national visas, issued on the basis of unforeseen circumstances;
- foreigners, applying for residence permits on the basis of work, skilled employment, or humanitarian grounds.
As of September 1, the period of facilitation ends for all these cases, except for skilled workers.
This means that a foreigner, who is not entitled to temporary protection, but cannot return to Ukraine due to hostilities, and who has applied for a temporary residence permit on work or humanitarian grounds will be entitled to work from the date of obtaining a residence permit instead of the date of submission of their application.
These changes will not affect Ukrainian war refugees, who benefit from the Temporary Protection Mechanism introduced by the European Union in Lithuania. They are issued digital residence permits by the Migration Department.
As before, newly arriving war refugees can start working as soon as they submit an application for a temporary residence permit to the Migration Department on the basis of temporary protection.
The Migration Department reminds that in cases where a foreigner has been granted temporary protection and intends to apply for a temporary residence permit on the basis of employment, they do not need to obtain a decision from the Employment Service on the compliance of the foreigner’s work with the needs of the Lithuanian labour market if the foreigner applies for a residence permit on the basis of employment for the first time after being granted temporary protection, or if the residence permit needs to be replaced, but the foreigner’s employer has not changed.
Citizens of Ukraine, their family members, and stateless persons, who lived in Ukraine and left it for Lithuania due to Russia’s military actions, and used the opportunity to start working without a work permit or a decision on the compatibility of the foreigner’s work with the needs of the Lithuanian labour market, issued by the Employment Service, can continue employment without the aforementioned decision of the Employment Service, if they apply for a residence permit on the basis of employment, and the employment relationship continues with the same employer.
For employer convenience, the key points are provided in the table below:
When the foreigner can start working?
Personal status | Applied before 1 September | Applied after 1 September |
Cannot return to Ukraine and has applied for a residence permit on the basis of employment | Can work as of the application date | Can work as of the issue of the residence permit |
Cannot return to Ukraine and has applied for a residence permit on humanitarian basis | Can work as of the application date | Can work as of the issue of the residence permit |
Cannot return to Ukraine and has applied for a residence permit as a skilled employee | Can work as of the application date | Can work as of the application date |
Is a war refugee and has applied for a digital residence permit under the basis of temporary protection | Can work as of the application date | Can work as of the application date |
Can foreigners work without a work permit or a decision on compliance of the foreigner’s work with the needs of the labour market, issued by the Employment Service?
Personal status | Applied before 1 September | Applied after 1 September |
Cannot return to Ukraine and is using a visa-free regime or with a valid Schengen visa | Can work without the work permit | Cannot work |
Cannot return to Ukraine and has a national visa, issued by Lithuania (on the basis of unforeseen circumstances) | Can work without the work permit | Cannot work |
Is not a war refugee, can return to Ukraine, has a residence permit as a representative of a profession on a shortage occupation list | Can work without the decision of the ES (as of the application date) | Can work without the decision of the ES (with a valid residence permit) |
Is not a war refugee, can return to Ukraine, has a residence permit on the basis of a profession, which is not included into the shortage occupation list, and applies for a residence permit on the basis of employment | Can work without the decision of the ES (as of the application date) | Must obtain the ES decision (can work as long as the residence permit is valid) |
Is not a war refugee, can return to Ukraine, has a residence permit as a skilled employee, and applies for a residence permit on the basis of employment as a skilled employee | Can work without the decision of the ES (as of the application date) | Can work without the decision of the ES (as of the application date) |
Has temporary protection (digital residence permit) and applies for a residence permit on the basis of employment for the first time | Can work without the decision of the ES (as of the application date) | Can work without the decision of the ES (as of the issue of the residence permit) |
Had temporary protection (digital residence permit), then obtained a residence permit (plastic card) on the basis of employment and is replacing the residence permit while working with the same employer | Can work without the decision of the ES (as of the application date) | Can work without the decision of the ES (as long as the residence permit (old or new) is valid) |
Cannot returned to Ukraine, started working before 1 September without the ES decision or a work permit, has submitted an application for a residence permit while working with the same employer | Can work without the decision of the ES (as of the application date) | Can work without the decision of the ES (as of the issue of the residence permit) |
Last updated: 26-08-2024
Related news:
Residence permits can no longer be applied for at the external service provider in Nepal