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 LithuaniaThe 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