One of the most relevant changes for businesses concerns the revised employer liability for illegal and/or undeclared work (Articles 56, 56¹ and 58 of the Employment Law). The amendments are intended to ensure more effective prevention of violations and the practical enforcement of sanctions.

Under the new rules, consequences for employers will apply if at least 12 months have passed since the decision imposing a fine became final and enforceable. In practice, this means that the one-year period will no longer be calculated from the payment of the fine, as was previously the case.

Accordingly, where a decision is appealed in court, the period will only begin once the judicial dispute has concluded and the final decision has entered into force. This amendment seeks to prevent situations where employers effectively avoided the actual consequences of violations by initiating court proceedings and prolonging disputes until the one-year period had expired.

A temporary residence permit already issued to a foreign national may be revoked if the employer has been sanctioned for:

• permitting illegal work (Articles 56 and 56¹ of the Employment Law);
• undeclared work (Article 58 of the Employment Law).

A new temporary residence permit will be refused if the employer:

• has been sanctioned for permitting illegal work (Articles 56 and 56¹ of the Employment Law);
• has been sanctioned for undeclared work (Article 58 of the Employment Law);
• has been sanctioned at least twice within the last 12 months for violations related to the employment of foreign nationals or information obligations (Article 57 of the Employment Law).

The amendments establish that an application for a temporary residence permit may only be submitted where the foreign national has a valid legal basis for stay in Lithuania (e.g. a valid temporary residence permit, a Lithuanian national visa, a residence permit issued by another Schengen or EU Member State, or visa-free status).

With this change, Lithuania essentially follows the practice already applied in Poland, where the right to submit residence permit applications is linked to clearly defined grounds for lawful stay. The amendment aims to restrict the possibility of applying for residence permits merely after arriving in Lithuania with a visa issued by any Schengen State.

A new document – the digital foreigner registration certificate – is introduced. It confirms a foreign national’s right to temporarily stay in the Republic of Lithuania and continue lawful residence and activities.

This document:

• is issued for 6 months and may be extended;
• applies where a decision on the residence permit has not been adopted due to reasons beyond the foreign national’s control;
• may also be issued in other cases provided by law (including victims of human trafficking or cases where expulsion is suspended).

Functionally, this document is somewhat comparable to the previous practice of issuing humanitarian visas to Belarusian nationals, which allowed them to temporarily remain in Lithuania during the examination of their migration status (for up to 6 months). Although the legal basis and form of the document differ, the mechanism essentially serves a similar “transitional period” function by ensuring lawful stay pending a final decision.

It is important to note that this is not a travel document and does not grant the right to cross state borders.

Going forward, a foreign national will only need to satisfy one of the following conditions to obtain a temporary residence permit on employment grounds:

• qualifications related to the intended work; or
• at least 1 year of work experience related to the intended work acquired within the last 3 years; or
• remuneration not lower than the average gross monthly salary (EUR 2,411.40).

These changes continue the evolving regulatory approach where the requirements for qualifications and work experience have been structured differently over time. In some periods the requirements applied cumulatively, while in others they were separated or combined differently. Therefore, the current model reflects a continuation of regulatory adjustments rather than a completely new principle.

The amendments broaden the available options and provide foreign nationals with greater flexibility to choose the most suitable basis for compliance (qualification, experience, or salary level).

The salary of a foreign national working in Lithuania may not be lower than the amount specified in Article 62(5) of the LLSF, namely:

• the salary paid to an employee performing equivalent work in Lithuania, another EU Member State, or a Schengen State; or
• where no such employee exists, the average salary within the relevant economic activity sector.

Accordingly, if the sectoral average salary exceeds the general average gross salary, the higher amount will apply.

It is important to note that this salary comparison logic has already largely been applied in practice. Therefore, employer obligations in this area are not fundamentally changing, but rather being clarified and formally established at legislative level, increasing legal certainty and ensuring more consistent application in practice.

The amendments clarify that employment quotas will not apply to:

a) foreign nationals who completed studies or vocational training in Lithuania (within 5 years after graduation);

b) foreign nationals granted temporary protection (currently valid until 4 March 2027);

c) foreign nationals holding a temporary residence permit on humanitarian grounds (Article 40(1)(8) of the LLSF);

d) foreign nationals holding a temporary residence permit on family reunification grounds (Article 40(1)(3) of the LLSF).

The Migration Department’s electronic system – MIGRIS – has been updated by introducing new identification solutions for entities (employers and foreign nationals).

This affects:

• the practice of completing mediation/intermediation letters;
• the structure of residence permit applications;
• document submission and identity verification procedures.

Clearer deadlines are introduced regarding when a foreign national holding a temporary residence permit may apply for a change of employer even after termination of employment relations.

The foreign national must:

• within 10 working days after termination of employment, submit a notification via MIGRIS regarding the termination and indicate the intention to exercise the right to change employer;
• within 3 months after termination of employment, submit an application via MIGRIS for the change of employer.

The foreign national must:

• within 10 working days after termination of employment, submit a notification via MIGRIS regarding the termination and indicate the intention to exercise the right to change employer;
• within 6 months after termination of employment, submit an application via MIGRIS for the change of employer.

It is established that undergraduate students in their first and second years may work no more than 20 hours per week, except during:

• mandatory internships provided for in the study programme;
• summer holiday periods.

This amendment essentially reintroduces a stricter model for regulating student working hours. In recent years the regulation had become more flexible, but a clear 20-hour weekly limit for undergraduate students is now reinstated in order to preserve the principle that studies should remain the primary focus.

In practice, this means employers will need to more carefully plan student work schedules and ensure compliance with the applicable limitations.

The legal regulation applicable to postgraduate students is also being clarified, including aspects related to their status and issuance of permits.