Expatriation - Lithuania

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Lithuania

Expatriation - Lithuania

The following residence permits are issued to foreign residents:

-Temporary residence permit;

-Permanent residence permit.

The residence permits are issued by the Migration Department. If a foreign resident is outside Lithuania, application for a temporary residence permit and supporting documents should be presented through the Lithuanian diplomatic or consular institution located abroad. If a foreign resident legally stays in Lithuania, he/she may present an application for a temporary residence permit together with supporting documents to the migration unit to the police office of place of residence.

A residence permit may not be granted because of the reasons, among others, that a foreign resident has no sufficient means for subsistence in Lithuania or he/she is not in a possession of a valid health insurance certificate (only in case when a temporary residence permit is requested). A foreign resident who is refused with the issue of a residence permit, may repeatedly file an application within one year after the date of making the decision or after the disappearance of circumstances, for which the issue of the residence permit was refused.

Obtaining of a temporary residence permit for foreign residents other than EU citizens

A foreign resident intending to stay in Lithuania more than 3 months per half a year or a foreign resident intending to start work or carry out any other legal activity in the Republic of Lithuania must obtain a temporary residence permit. A temporary residence permit is granted for a one-year period.

A foreign resident staying legally in Lithuania and intending to obtain a temporary residence permit has to apply to the local migration unit to the police office of place of residence presenting relevant documents. Please note, that stay in Lithuania period is calculated referring to the stamps put by the Lithuanian Border Police officers into the passport.

If the documents for a temporary residence permit are presented, however, lawful stay in Lithuania will end before the temporary residence permit is granted (having in mind that the migration authorities are allowed to consider a foreign resident’s application up to 3 months when obtaining first temporary residence permit and 1 month when obtaining a second and further temporary residence permits), a foreign resident has to apply to the migration office for an ordinary visa for that period.

Prevailing Lithuanian legislation does not provide a prolongation of a temporary residence permit procedure, i.e. a new temporary residence permit has to be obtained. A foreign resident has to apply to the migration authorities for the new temporary residence permit not later than 1 month before the end of the initial temporary residence permit.

Foreign residents are eligible to obtain temporary residence permits in the Republic of Lithuania subject to:

-they have sufficient means of subsistence from lawful activity in theRepublic of Lithuania or abroad;

-they register in the prescribed manner a foreign capital enterprise with the authorised capital or the value of shares is not less than Litas 250,000;

-they come to Lithuania to undertake scientific research or take up teaching positions at scientific or educational institutions;

-they have been enrolled as students at an educational institution or for improvement of their qualifications in the Republic of Lithuania;

-they have been issued with a work permit in the Republic of Lithuania;

-students coming for improvement of their qualification or work in the Republic of Lithuania under the international exchange programmes of public (non-governmental) organisations for a one-year period. This period could be prolonged for additional six months;

-kids, spouse or parents of foreign resident reside in Lithuania or right to Lithuanian citizenship is retained.

In order to obtain a temporary residence permit a foreign resident must present a number of documents, which differ depending on the ground a temporary residence permit is requested. Below we have listed the documents to be presented to the migration authorities when a temporary residence permit is requested on the ground of the work permit:

-Valid travel document (passport) and its entire copy. The travel document is collated with the copy and returned to a foreign resident. The migration authorities also check legality of stay.

-Filled out and signed a standard form questionnaire, whichform differ from the ground a temporary residence permit is requested.

-Mediation letter of the inviting local company. Number of issues has to be stated there: name, birth date, birthplace, subsistence means, period of stay, health insurance conditions, etc.

-Documents proving subsistence means, e.g. employment contract, assignment documents, certificate from the bank account, certificate on income, etc. The migration authorities may ask for additional documents if a foreign resident’s income is less than Litas 100 per day.

-Documents proving a foreign resident’s status, i.e. nomination as the General Manager or its authorised representative documents, assignment as a consultant documents, employment contract, etc.

-Documents proving commercial relations between Lithuanian and foreign company, i.e. economic activity agreement, co-operation agreement, etc.

-Originals and copies of the registration certificate and By-laws of the local company. The migration authorities may ask the registration certificate and By-laws of the foreign company as well.

-Work permit (if required) and its copy.

-Health insurance certificate and its copy, e.g. a health insurance certificate issued by the Lithuanian or foreign insurance company, other similar document. It is still not clear that risk related to health should be insured, however, we recommend that the insurance policy shall cover: insurance in case of sickness, death and repatriation, insurance period and validity inLithuania. Please note that in the event a foreign resident is working under the employment contract and making social security contributions to the state budget then the migration authorities do not require health insurance.

q4 photos 35x45mm.

qOther documents. The migration authorities may ask for additional documents they consider necessary in order to issue a temporary residence permit or invite a foreign resident for interview.

It is noteworthy that documents issued abroad have to be legalised and translated into Lithuanian.

If a foreign resident is coming together with his/her family members in addition the following documents to be presented by the family member requesting a temporary residence permit:

-Filled out and signed a standard form questionnaire;

-Valid travel document (passport) and its entire copy;

-Family relations evidencing documents (birth certificate and/or marriage certificate);

-Health insurance certificate and its copy.

A foreign resident intending to obtain a temporary residence permit has to be present at the migration office three times: 1) presenting the documents, 2) leaving a passport for the issuance of the residence permit and declaring the residence place in Lithuania; 3) taking the passport back with the temporary residence permit. A foreign resident may act through the attorney acting under the proxy, however, the migration authorities require that such foreign resident has to be present in Lithuania during the process of documents presentation. For this purpose we recommend that the proxy to be issued in Lithuania. The proxy has to be confirmed by the Lithuanian notary.

The issuance of the first temporary residence permit could be considered by the migration authorities up to 3 months (in practise such a permit is granted in a 6-8 weeks period) and application for the new temporary residence permit may be considered not longer than 1 month. Fee for the issuance of a temporary residence permit is Litas 450, except certain cases.

It is noteworthy that a decision to issue a temporary residence permit to a foreign resident in the Republic of Lithuania shall become invalid if he/she failed to avail it for six months.

EU citizen may arrive and stay in Lithuania not longer than 3 months per half a year, however, such EU citizen looking for a job or intending to carry out other legal activity in Lithuania, may stay additional 3 months in Lithuania. Family members of the EU citizen may arrive to Lithuania together with the EU citizen and stay for the same period.

The EU citizen must obtain a temporary residence permit if:

-He/she intending to start working or carrying out other legal activity inLithuania; or

-He/she intending to stay in Lithuania more than the period mentioned above.

The EU citizen is entitled to obtain a temporary residence permit in Lithuania if he/she is intending to:

-Get employed under an employment contract in Lithuania;

-Carry out commercial activity in Lithuania;

-Render or receive services in Lithuania;

-Stay in Lithuania having legal means of subsistence;

-Obtain education at the educational institute established under the laws ofLithuania.

A temporary residence permit is granted for the period of activities performed by the EU citizen, but not longer than 5 years. The temporary residence permit for the educational activity is granted for a one educational year only.

As it was said above, documents to be presented to the migration authorities differ depending on the ground a temporary residence permit is requested. EU citizens enjoy simplified procedure applicable to documents presented. Below we have listed the documents to be presented to the migration authorities when a temporary residence permit is requested on the ground of the employment:

-Original and copy of the employment contract;

-Filled out and signed standard form application, whichform differ from the ground a temporary residence permit is requested;

-Valid travel document and its entire copy;

-Documents proving subsistence means during the period of stay inLithuania;

-Health insurance certificate and its copy. In the event EU citizen is legally in Lithuania and making social security contributions to the state budget then the migration authorities do not require health insurance.

-Original and copy of the registration certificate of the employer;

-4 photos 35x45mm;

If a EU citizen is coming together with his/her family members they must present the same documents as required for family members of the other foreign residents (list of documents given above).

The issuance of the temporary residence permit for EU citizen may be considered by the migration authorities up to 1 month. Fee for the issuance of a temporary residence permit is Litas 50 (EUR 14,48).

Reporting requirement

A foreign resident, who has been granted a temporary residence permit in the Republic of Lithuania, within seven days after his/her arrival to theRepublic of Lithuania, must notify the migration authorities about the arrival.

A foreign resident in possession of a temporary residence permit in theRepublic of Lithuania, within seven days after the change of circumstances, must notify the migration authorities in the event of:

-change of place of residence (the same documents have to be presented as for declaration of the residence place; see below);

-termination of an employment contract or termination of economic-commercial activity. The same notification obligation is also imposed on employer when employment contract with expatriate is terminated or tax inspectorate if economic-commercial activity is terminated;

-discontinuation of studies at an educational institution or expulsion from it. The notification obligation is imposed on the educational institution;

-discontinuation of improvement of qualifications at research or educational institutions. The same notification obligation is imposed on the educational institution;

-change of marital status. The notification obligation is imposed on the parish registry;

-change of information on identity or citizenship.

The legal institutions and courts must inform the migration authorities about the foreign residents convicted for the crime made or punished for the other offence.

The notice presented to the migration authorities must contain the following data on foreign resident: name (names), surname, birth date, citizenship, travel document, residence place and personal code (if personal code is granted and inserted into the residence permit).

Declaration of the residence place

According to the Lithuanian legislation, a foreign resident in possession of a temporary residence permit must declare its residence place when a foreign resident:

-arrived for stay to Republic of Lithuania;

-changed of residence place in the Republic of Lithuania;

-have no record about the residence place in a temporary residence permit;

-departure from his/her residence place to foreign country for the period exceeding 6 months.

A foreign resident must declare his/her residence place not later than within 7 working days after the arrival for stay to Lithuania, change of the residence place or before the departure from the residence place inLithuania.

However, in practise for a foreign resident requesting a temporary residence permit in Lithuania, the procedure is as follows: after receipt of the notice from the migration authorities stating that he/she is granted with a temporary residence permit, the foreign resident must arrive to the migration office of place of residence and declare the residence place in Lithuania. The following documents have to be presented to the migration authorities:

-The foreign resident’s and owner’s of the premises combined declaration (standard form), if premises are rented or used on another contractual basis. The owner has to sign the declaration in the presence of the migration officer. The owner’s consent to lease or otherwise provide the premises for use may be set on a separate document confirmed by the notary who should also confirm the identity and ownership right.

-Copy and original of the premises lease or other agreement;

-Passports of the applicant and the owner;

-Document evidencing owner’s title to the premises;

-Other documents upon request of the migration officer (e.g. power of attorney).

A foreign resident having a temporary residence permit shall be considered as having declared the residence place within the validity of the temporary residence permit. Expiration of the temporary residence permit means that the residence place must be declared again.

Permanent residence permit

A foreign resident, upon his/her request, shall be issued with a permanent residence permit in the Republic of Lithuania provided he meets the following conditions:

qfor the last five years he/she has been in possession of a temporary residence permit in the Republic of Lithuania;

qhe/she has a place of residence in the Republic of Lithuania;

qhe/she has a lawful source of subsistence in the Republic of Lithuania.

Foreign residents, who qualify for the conditions set above, shall be issued with the permanent residence permits taking into account the interests of the Republic of Lithuania.

The EU citizen may be granted with a permanent residence permit if he/she legally stayed in Lithuania for the 5 late years, has a place of residence in the Republic of Lithuania and lawful source of subsistence in the Republic of Lithuania. The fact that the EU citizen was out of Lithuania for the period not exceeding 6 months in turn cannot be the ground to refuse with the issuance of the permanent residence permit.

A decision to issue a temporary residence permit to a foreign resident in theRepublic of Lithuania shall become invalid if he/she failed to avail it for 12 months.

A foreign resident in possession of a permanent residence permit in theRepublic of Lithuania, within seven days after the change of circumstances, must notify the migration authorities in the event of:

-change of place of residence;

-change of marital status;

-change of information on identity or citizenship.