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Legislation

30 Jan 2017

Requirements for aliens seeking a temporary residence permit in the Republic of Lithuania on the basis of legal activity (Article 45 of the Law on the Legal Status of Aliens of the Republic of Lithuania) were amended.

According to Article 45 of the Law on the Legal Status of Aliens of the Republic of Lithuania, which came into force as of 1 January 2017, a temporary residence permit in the Republic of Lithuania may be issued to an alien who is a CEO and participant of a company, which:

1) has been carrying out the activities specified in its’ incorporation documents in the Republic of Lithuania according to the business plan for at least 6 months before the submission of the application of an alien regarding the issuance of a temporary residence permit;

2) has equity (in case the company is not a joint stock company or a private joint stock company - assets) of a value not less than EUR 28 000 of which not less than EUR 14,000 (in case the company is not a joint stock company or a private joint stock company – assets) are funds or other assets invested by the alien;

3) has employees who are citizens of the Republic of Lithuania, another Member State of the European Union or a member of the European Free Trade Association or are aliens permanently residing in the Republic of Lithuania, and who work full-time;

4) pays monthly salaries to the employees which in total amounts to at least 2 average national monthly gross salaries of the employees last published by the Lithuanian Department of Statistics,

or is a shareholder of a joint stock company or a private joint stock company and holds at least 1/3 of the share capital nominal value of the company.

A temporary residence permit in the Republic of Lithuania may also be issued only to the CEO of the company meeting the criteria stated above, when the purpose of the arrival of the alien to the Republic of Lithuania is work in that company.

Compared to the previous wording, the new wording of the Article 45 of the new Law on the Legal Status of Aliens of the Republic of Lithuania states no more requirement for at least three workplaces to be establishment in the company, but there is a new requirement on the minimal salary payable to employees of the company – the monthly salaries paid to all employees should be in total not less than 2 (two) average national monthly gross salaries of the employees last published by the Lithuanian Department of Statistics. Also, the number of persons who can be employees of the company is expanded - the employees of the company can be not only citizens of the Republic of Lithuania or foreigners permanently residing in the Republic of Lithuania, but also citizens of another Member State of the European Union or a member of the European Free Trade Association. Also, members of the collegial management or supervisory body of the company now have no right to receive a temporary residence permit in the Republic of Lithuania due to holding such position in the company.

To sum up, the amendments to the Article 45 of the new Law on the Legal Status of Aliens of the Republic of Lithuania have slightly lowered the requirements for companys’ CEOs, participants and shareholders to obtain a temporary residence permit in Lithuania.

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