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Migration law updates

20 Aug 2014

On 1 November 2014 the law amending the Law on the Legal Status of Aliens No. IX-2206 will come into force.

According to the current regulation, a temporary residence permit may be issued to an alien who intends to engage in lawful activities in the Republic of Lithuania, provided that the alien  registers an enterprise, agency or an organisation in the Republic of Lithuania as the owner or co-owner, and the nominal value of his proportion of the authorised share capital held in the company must be no less than LTL 50 000, and his stay in the Republic of Lithuania is necessary for carrying out the activities and achieving the goals of the enterprise, agency or organisation.
 
As of 1 November 2014, it will be permitted to issue a temporary residence permit in the Republic of Lithuania to an alien who is engaged in and intends to continue to be engaged in lawful activities in the Republic of Lithuania if he/she:
 
(1) Is a participant of a company which, no less than for the last 6 months prior to the submission of an alien’s application for issuing a temporary residence permit, carries out lawful activities in the Republic of Lithuania that are provided for in its incorporation documents, at least three full-time positions have been established at the company which are occupied by citizens of the Republic of Lithuania or aliens permanently residing in the Republic of Lithuania, and the value of own capital whereof (in case of a company other than a public limited liability company or a private limited liability company – the value of assets) comprises no less than LTL 100 000, out of which no less than LTL 50 000 are funds or other assets invested by an alien, and he/she is the manager, a member of a collegial management or supervisory body, or a participant of this company having the right to enter into transactions on behalf of the company, or is a shareholder of a public limited liability company or a private limited liability company owning the shares of the company the par value of which is no lower than 1/3 of the authorised capital of this company;
 
(2) Is the manager or a member of a collegial management or supervisory body of a company which is in compliance with the requirements provided for in paragraph (1) and the purpose of his/her arrival is the work in that company;
 
(3) Is exempt from the obligation to acquire a work permit in accordance with under the conditions established by the Minister of Social Security and Labour of the Republic of Lithuania.
 
Hence, as from 1 November 2014 the new requirement to perform activities in the Republic of Lithuania no less than for the last 6 months prior to the submission of an alien’s application for issuing will become effective. Also, the requested minimum value of the authorised share capital held in the enterprise has increased to LTL 100 000. On the other hand, under the new legal regulations the alien will be not required to prove that his residency in the Republic of Lithuania is necessary due to his activities and to the goals of enterprises, institutions or organisations when submitting the application for issuing a temporary residence permit. 
 
The new law also provides for new requirements with regard to residential premises of aliens (the requirements for a minimal plot of residential area per person; new hygiene, fire safety and other requirements are imposed) as well as the new grounds for the refusal to issue or renew the residence permit.
 
Considering the quire lengthy procedures of receiving a residence permit, those wishing to benefit from the current legislation should not hesitate of taking advantage of the current somewhat more relaxed regulation.
 
For more information see click the link to the new law (only in Lithuanian).
 

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