Simpler procedures for recruiting employees from non - EU countries

There are two options for simpler and faster recruiting of foreigners - the inclusion of a company in the List of Approved Companies or recognition of the professions of employees working in the company insufficient in Lithuania.

Leinonen can help your company be included in the List of Approved Companies and recognize the professions of employees in your company insufficient in Lithuania, thus acquiring all the privileges and benefits of recruiting employees from non-EU countries.

Below we discuss the detailed criteria that are relevant to achieving these benefits.

The List of Approved Companies
The List of Approved Companies is a possibility for reliable and significant value-adding companies to employ the lacking employees from non-EU countries by simplified and expedited procedure.

The place granted by the Migration Department in the List of Approved Companies or in the so-called "whitelist" list gives the company the following advantages:

• fewer documents for obtaining a multiple-entry national visa;
• fewer formalities while examining documents (inspections are carried out only on the foreigner, the company is not re-tested);
• shorter periods for examining applications for a national visa;
• an opportunity for employers to quicker hire the necessary specialists.

Requirements for employers

Companies of the Republic of Lithuania wishing to be included into the List of Approved Companies must meet the mandatory criteria related to:

• financial state of the company:
  • company does not have a higher than one basic social benefit (38 Eur) tax arrears to the state budget of the Republic of Lithuania, municipal budgets, customs, VMI and Sodra;
  • company is not bankrupt or is not being liquidated.
• experience in recruiting foreigners:
  • during the last 2 years while working in a company foreigners did not violate the provisions of the Law on the Status of Foreigners: he / she had permission at the arrival, informed the Labor Exchange about the living space / place and had a work permit;
  • in the last 2 years, a company has employed at least 2/3 of all foreigners for whom the mediation letter was provided. The visa authority issuing a national multiple-entry visa was also provided with information about all foreigners who received national multiple-entry visas but who had not arrived, were not employed and fired, for whom the company provided the mediation letter.
• fulfillment of obligations to public authorities:
  company provides annual income tax, monthly income tax on Class A income and value added tax declarations;
  foreigners who come to a company, work or provide services in accordance with contracts with this company physically being in the Republic of Lithuania, except for cases when foreigners work involves regular commuting on international routes. Please note that this criteria does not apply to long-distance drivers, as their physical working place is not constant. 
  
  
• company reputation:
  • company has never been penalized for the permission to work illegally or for a work permit for illegally staying third-country nationals or, if convicted, more than one year has elapsed since the date on which the sanction was fined, or in the last 5 years a conviction for the work of illegally staying third-country nationals in the Republic of Lithuania has not acquired legal force;
  • within the last 2 years the Migration Department has not stated that there are serious grounds for believing that this legal entity is a fictitious company.

In addition to the mandatory criteria, the company applying for the List of Approved Companies must also comply with at least 4 out of 10 additional criteria. These criteria, like obligatory ones, relate to the financial standing, experience and reputation of the company:

• company is pursuing a profit-making activity in the Republic of Lithuania for at least 3 years;
• at least 3 foreigners have worked at the same time in the company during the last 2 years before the application for inclusion in the List of Approved Companies, and these foreigners worked for at least 6 months;
• company employs more than 10 employees who receives salaries and mandatory taxes and state social insurance contributions are paid from salaries;
• company pays to the employees the average monthly gross salary, which is not less than the last average annual gross monthly salary published by the Lithuanian Statistics Department according to the corresponding economic activity;
• company's income is at least EUR 500.000 a year;
• company‘s capital investment has reached at least EUR 1 million;
• company with the Government of the Republic of Lithuania or an institution authorized by it has entered into an investment agreement in accordance with the procedure established by the Law of the Republic of Lithuania on Investments;
• it is necessary to recruit employees with professions included in the list of professions that are lacking in the Republic of Lithuania to ensure the activities of the company;

• company fulfills the criteria for transparency:
  • publicly undertakes not to violate the legal norms related to activity of the company;
  • discloses the list of its subsidiaries and associates. If the company does not have such companies, it shall be indicated publicly;
  • announces the profit of the company before tax;
  • has a certificate of conformity issued by an accredited certification body.

An application for inclusion in the List of Approved Companies must be submitted to the Migration Department by post or electronic communications. The application has to be filled in Lithuanian. At the same time, relevant documentation must be provided to prove company‘s, seeking approval on the List of the Approved Companies, compliance with the requirements set out above.

List of professions which are insufficient in the Republic of Lithuania
The list of professions which are lacking in the Republic of Lithuania is based on the assessment of the situation in the labor market, on the basis of observation of the labor market and the forecast of its changes. This list is approved by the Director of the Lithuanian Labor Exchange for every half-year.

The list of professions which are insufficient includes professions whose labor demand exceeds supply, the profession has been assigned as large employment opportunities profession, as well as when there are data on the projected growth of vocational demand, investments and the creation of new jobs. Currently, 14 professions, including tailor, electrician, concrete worker and other professions, are recognized as lacking in the Republic of Lithuania.

The foreigner whose profession is included in the list of professions, whose employees are lacking in the Republic of Lithuania is exempted from the obligation to obtain a work permit. Such a foreigner is issued a national visa valid for a maximum of 1 year or a temporary residence permit if arriving for a period longer than 1 year.

The foreigner must personally submit:

• application for a national visa properly filled using electronic application forms,
• travel document, 
• health insurance document, 
• documents confirming that the foreigner has sufficient funds to live in the Republic of Lithuania,
• other necassary documents. 

For issuing a national visa, a foreigner should apply to the diplomatic mission or consular post of the Republic of Lithuania abroad, and a foreigner who has the right to be in Lithuania may submit documents for obtaining a national visa to the relevant Migration Divisions.

30.04.18