Lithuania implements transferee directive, introducing new permit categories
19 Sep 17
IMPACT – MEDIUM
What is the change? Lithuania has implemented the European Union’s Intra-Corporate Transferees Directive, creating new work and residence permits for non-EU/EEA nationals who are transferred within the same corporate group to Lithuania.
What does the change mean? Effective immediately, non-EU/EEA managers, specialists or trainees transferred within the same corporate group from outside the EU will be able to apply for ICT permits that will function as both a work and residence permit. Non-EU/EEA managers, specialists or trainees holding ICT cards issued by another EU country may apply for Mobile ICT permits if they intend to work in Lithuania for more than 90 days in a 180-day period.
- Implementation time frame: Immediate and ongoing. The changes were implemented Sept. 1.
- Visas/permits affected: ICT permits, Mobile ICT permits.
- Who is affected: Non-EU/EEA managers, specialists or trainees transferring from outside the EU to work in Lithuania; non-EU/EEA managers, specialists or trainees who hold an ICT permit in another EU country and are transferring to work in Lithuania for more than 90 days in a 180-day period.
- Impact on processing times: The legislation calls for processing times of no more than two months for managers and specialists and their family members and no more than three months for trainees.
- Business impact: The new ICT permits will allow for greater intra-Europe mobility, as Lithuania has joined a growing list of countries to have implemented the EU directive.
Background: Lithuania finalized legislation to introduce ICT permits in May and implemented it Sept. 1. The legislation moved Lithuania into compliance with a 2014 EU directive aimed at making it easier for high-skilled non-EU nationals to work in several EU countries. In order to be eligible to apply under the new rules, managers and specialists must have at least six months of experience in their corporate group. Trainees must have at least three months of experience. Assignments in Lithuania cannot be longer than three years for managers and specialists or longer than one year for trainees. At the end of an assignment, permit holders are required to leave Lithuania and remain outside the country for at least three months before applying for a new permit.
Mobile ICT permits, meanwhile, will be available to holders of ICT permits issued by other EU countries and who intend to work in Lithuania for more than 90 days in a 180-day period. If employees hold ICT permits issued by EU countries that are not a part of Schengen Area, the host entity in Lithuania must submit written notice to the Department of Migration.
BAL Analysis: Lithuania’s new permit scheme should ease intra-Europe mobility for non-EU intra-corporate transfers. The rules ease the transfer of ICTs to Lithuania and eliminate the need to reapply for ICT permits for some ICTs conducting assignments in more than one EU country.
This alert has been provided by the BAL Global Practice group and our network provider located in Lithuania. For additional information, please contact your BAL attorney.
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