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ICT Directive implementation in Lithuania

New regulation on issuance of temporary residence permits for intra-corporate transferees

On 17 October 2017 amendments to the Regulation on Issuance of Temporary Residence Permits in Lithuania (the Regulation) entered into force. Together with the Law on Legal Status of Foreigners it implements EU Directive 2014/66/EU on intra corporate transfers (ICT Directive).

Please find below an overview on the key novelties introduced by the new amendments to the Regulation.

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1. Specific documentation required for ICT permit

The Regulation establishes that together with standard documents for residence permit issue (i.e. passport, police clearance certificates, etc.) the following specific documents are required for ICT application:  

  1. Mediation letter issued by the host company in Lithuania;
  2. Documents confirming that transferee’s home company and the host company in Lithuania belong to the same group of companies;
  3. Employment agreement of the transferee concluded with the home company;
  4. Assignment letter with details of the transfer, issued by the home company;
  5. Higher education diploma;
  6. CV of the transferee and other documents as listed in the Regulation.  
 

2. Submission of ICT application

By the provisions of new Regulation, the host company in Lithuania is entitled to act on behalf of the applicant and submit applications to issue or replace ICT permit.

Application by the host company has to be submitted to the territorial migration office, where the transferee is intending to declare his/her place of residence in Lithuania.

 

3. Notification on short-term mobility

3.1.        Short-term transfer to Lithuania

Transferee, who holds ICT permit issued by another EU country, is allowed to travel to Lithuania and work in a group company for up to 90 days within period of 180 days without obtaining work and/or residence permit. In such a case, the host company in Lithuania is required to notify the Migration Department at least 30 days before the intended arrival by submitting a written notification.

In case of any objection for short-term mobility to Lithuania, Migration Department issues its decision within 20 days after receipt of the notification.

3.2.        Short-term transfer from Lithuania to another EU country

In case a transferee, who holds ICT permit issued in Lithuania, is transferred for a short‑term work to a group company in another EU country, notification/registration procedures according to the EU country’s national regulation will apply.

Further, Migration Department must be notified about short-term mobility to other EU countries, in case this information was not provided at the time of application for ICT permit in Lithuania.

This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms, or their related entities (collectively, the “Deloitte Network”) is, by means of this communication, rendering professional advice or services. No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person who relies on this publication.

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