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LITHUANIA – New EU Intra-Corporate Transfer Permit Introduced

Amendments to Lithuania’s Law on Legal Status of Foreigners took effect 1 September 2017, implementing the EU ICT directive.

Intra-corporate Transfer (ICT) Permit

The amendments transpose European Union Directive 2014/66/EU “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” by replacing Lithuania's previous intra-group transfer provisions with a new ICT permit, with more attractive intra-EU mobility and family accompaniment benefits, and faster processing times.

Qualifying Criteria

  • In the case of managers and specialists, the applicant must have been continuously employed by the same group of companies for at least six months, and demonstrate the professional qualifications and experience required by the host company.
  • Trainees must have a university degree, and must have been continuously employed by the same group of companies for at least three months.

Duration of Stay

  • Third-country nationals on assignment in Lithuania from outside the EU, for more than 90 days, within the same group of companies, can obtain an ICT permit valid for up to three years for managers and specialists, or up to one year for trainees.
  • After this period has expired, a new application can be submitted only after leaving Lithuania for a period of three months.

Intra-EU Mobility

  • A holder of an ICT permit issued in Lithuania will be able to work in another EU member state for a company of the same group. For stays of up to 90 days in a 180-day period, a separate permit will not be required, although the host country may require a notification. For stays of more than 90 days, a “mobile ICT permit” for that country may be required.
  • A holder of an EU ICT permit issued in another EU member state can work at a company of the same group in Lithuania for up to 90 days without obtaining a separate permit. Notification to the Labour Office is required for assignments lasting 30 days or more, and notification to the Migration Department is required for permit holders from non-Schengen EU member states (Bulgaria, Romania, Croatia, Cyprus, UK, Ireland).
  • For assignments of more than 90 days in Lithuania, a holder of an EU ICT permit issued in another EU member state can apply for a Mobile ICT Permit.

Dependent Benefits

Qualifying family members can accompany the principal applicant as dependents for the duration of the assignment, and can work in Lithuania without additional employment authorization.

Under the previous ICT rules, dependents could accompany the principal applicant only after two years of legal residence in Lithuania.

Processing Time

The Migration Department should approve the new EU ICT permit within two months, or within one month for urgent processing (for an additional fee).

The previous national ICT permit was usually processed within four months (two months for urgent processing).

Action Items

  • Employers of third-country nationals assigned to Lithuania from outside the EU within the same group of companies should consult an immigration expert to confirm the latest requirements.

This news alert was prepared using information provided by PIR Group.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.