Lithuanian start-up visa – the law

The purpose of this page is to set out the law which governs the Lithuanian start-up visa. The main provisions are to be found in Article 26 Law of the Republic of Lithuania on the Legal Status of Foreigners. For a simple explanation of the process for getting the visa, please see my note on how to get the Lithuanian start-up visa.

Article 26 provides:

Conditions for issuing and amending a residence permit

1 . A residence permit for a foreigner may be issued or amended if the foreigner:

(1) complies with the entry conditions laid down in the Schengen Borders Code;

(2) has a valid document certifying health insurance when, in the cases provided for by the laws of the Republic of Lithuania, is not covered by compulsory health insurance, or has a confirmed obligation of a citizen or foreigner residing in the Republic of Lithuania to pay expenses for health care maintenance services;

(3) has sufficient funds and (or) receives regular income sufficient to live in the Republic of Lithuania;

(4) has a suitable dwelling in the Republic of Lithuania, in which it intends to declare its place of residence and the living area of ​​each adult who has declared a place of residence in it would be at least 7 square meters, or own such premises on a rental or lease basis, if the relevant contract is concluded for a period of at least the duration of the temporary residence permit and is duly registered, or provides a legally approved undertaking by a natural or legal person to provide him with suitable accommodation in which he will declare his place of residence; the period of validity of the temporary residence permit;

(5) submit a list of trips and residence in foreign countries;

(6) provide detailed information about himself / herself, relations (former and / or current) with persons residing in the Republic of Lithuania (including citizens of other foreign states residing in the Republic of Lithuania), as well as relations with foreign intelligence, security and (or) military institutions.

2. The conditions specified in items 2–5 of Paragraph 1 of this Article shall not apply to a foreigner for whom a representative has been appointed in accordance with the procedure established by the legal acts of the Republic of Lithuania , as well as to a foreigner who cannot leave the Republic of Lithuania for humanitarian reasons, a foreigner who is allowed to stay in the Republic of Lithuania because he or she is or has been a victim of trafficking in human beings or illegal employment and cooperates with a pre-trial investigation body or court in combating trafficking in human beings or crimes related to trafficking in human beings or illegal employment conditions or when a minor has worked, or due to the interests of state security, as well as to a foreigner who has the right to restore the citizenship of the Republic of Lithuania or is a person of Lithuanian origin in accordance with the Law on Citizenship of the Republic of Lithuania.

3. The conditions set out in Paragraph 1, Items 2–5 of this Article shall not apply to a foreigner granted asylum or temporary protection in the Republic of Lithuania, as well as to family members of a foreigner granted asylum in the Republic of Lithuania who applied for a residence permit in the event of family reunification within 3 months of asylum in Lithuania. Republic.

3(1). When a temporary residence permit is issued to a foreigner who intends to study or study, and when this foreigner’s temporary residence permit is changed, the living space of suitable dwelling for each person intending to declare his / her place of residence in that premises (including persons who have already declared their residence in that premises) ) must be at least 4 square meters.

3(2). A foreigner to whom a temporary residence permit has been issued or changed on the basis specified in Item 4 of Paragraph 1 of Article 40 of this Law shall not be subject to the requirement of adequate living space established in Item 4 of Paragraph 1 of this Law if the employer employs him under an employment contract. international routes, or if the employer sends him to work in another Member State of the European Union or the European Free Trade Association under a contract for the provision of services or work in that Member State, during the period of that foreigner’s employment there.

4. If a foreigner fails to submit the information referred to in Paragraph 1, Item 6 of this Article or refuses to provide it, his or her application for a residence permit shall not be accepted.

5. The provisions of Paragraph 1 of this Article, except for the obligation provided for in Paragraph 1 of Article 6 of this Law for a foreigner to have a valid travel document, shall not apply in the case of exchange of a permanent residence permit.

6. If, when issuing or amending a residence permit, it is established that another Schengen State has entered an alert for the refusal of entry of a foreigner in the central second generation Schengen Information System in accordance with Regulation (EC) No 539/2001, 1987/2006, the Migration Department must consult with this Schengen State and take its interests into account. A residence permit may be issued or amended only for humanitarian reasons or for international obligations.

7. The Migration Department advises other Schengen states on the issuance of a residence permit to such a foreigner when the Republic of Lithuania has issued a warning of his / her non-admission. If another Schengen State, after consultations with the Republic of Lithuania, issues a residence permit to a foreigner or if he already has a valid residence permit issued by one of the Contracting Parties, the alert for refusal of entry in the central second generation Schengen Information System shall be revoked. entry into the Republic of Lithuania is prohibited.

The other relevant provisions to the start-up visa in Lithuania are set out in Article 27 Law of the Republic of Lithuania on the Legal Status of foreigners

This provides:

Foreigner’s means of subsistence for obtaining a residence permit

The amount of means of subsistence in the Republic of Lithuania, which may be considered sufficient for subsistence in the Republic of Lithuania, shall be determined by the Minister of Social Security and Labor for a foreigner applying for a residence permit.

Article 45 Law of the Republic of Lithuania on the Legal Status of Foreigners

Article 45 Issuance of a temporary residence permit to a foreigner who is engaged and intends to continue to engage in lawful activities

1. A temporary residence permit may be issued to a foreigner who is engaged and intends to continue to engage in lawful activities in the Republic of Lithuania when he or she:

(1) is a participant of an enterprise which, at least in the last 6 months prior to the application of a foreigner for a temporary residence permit in accordance with the business plan, carries out the activities specified in the founding documents in the Republic of Lithuania citizens of a Member State or foreigners permanently residing in the Republic of Lithuania, whose monthly salary together amounts to at least 2 BDUs of the national economy of the country for the last published quarter of Statistics Lithuania and whose equity capital (in the case of a non-public limited company and a non-private limited company, assets) is at least EUR 28,000, of which at least EUR 14,000 is foreign-invested funds or other assets, and he is the head of this company or is a shareholder of a public limited company or a private limited company, the nominal value of the shares of which belongs to the company by the right of ownership is not less than 1/3 of the authorized capital of this company;

(2) is the manager of an enterprise which meets the requirements specified in Paragraph 1 of this Part and the purpose of his / her entry is to work in that enterprise;

2(1) is a participant of an enterprise which, at least in the last 6 months prior to the application of a foreigner for a temporary residence permit, carries out the activities specified in the founding documents in the Republic of Lithuania, where at least five jobs are established nationals of a Member State or a Member State of the European Free Trade Association or foreigners permanently residing in the Republic of Lithuania and in whose equity (in the case of a non-public limited company and a private limited company – assets) the foreigner has invested at least a shareholder of the company or a private limited company, whose nominal value of the company’s shares owned by the right of ownership is not less than 1/3 of the authorized capital of this company;

2(2) is the manager of an enterprise which carries out the activities specified in the founding documents in the Republic of Lithuania, the equity value (in the case of a non-public limited company and a private limited company – assets) is at least EUR 500,000 and at least ten jobs are established; and there part-time work in the Republic of Lithuania and other European Union Member State or European free trade Association Member States citizens or permanent Lithuanian Republic immigrants, and these workers paid a monthly wage that is not less than the Lithuanian Department of statistics last published quarter of the country’s economy BDU size, or foreigners who have a temporary residence permit issued in accordance with Paragraph 1 of Article 40 of this Law 4 1 on the basis set out in point 1 and the purpose of his entry is to work for that undertaking;

…….

3 . A temporary residence permit for a foreigner specified in items 2 1 and 2 2 of Paragraph 1 of this Article shall be issued and amended for 3 years or for the period of the foreigner’s activity in the Republic of Lithuania if the foreigner’s lawful activity in the Republic of Lithuania lasts less than 3 years

There are also some important provisions relating to the Lithuanian start-up visa in Article 45 (1) Law of the Republic of Lithuania on the Legal Status of Foreigner

This provides:

Issuance of a temporary residence permit to a foreigner who intends to engage in lawful activities related to the implementation of new technologies or other innovations significant for the economic and social development of the Republic of Lithuania

1 . A temporary residence permit may be issued to a foreigner who intends to engage in lawful activities related to the introduction of new technologies or other innovations significant for the economic and social development of the Republic of Lithuania, if the institution authorized by the Minister of Economy confirms in writing that the lawful activities the foreigner intends to engage in introduction of new technologies or other innovations significant for the economic and social development of the Republic of Lithuania and that the foreigner has the necessary qualifications, financing and business plan for this activity and that the presence of this foreigner in the Republic of Lithuania is necessary for its activities.

2 .The Minister of Economy, in coordination with the Ministry of Education and Science, Ministers of Science and Home Affairs.

3 . A foreigner who intends to engage in lawful activities related to the introduction of new technologies or other innovations significant for the economic and social development of the Republic of Lithuania shall be issued a temporary residence permit for one year. This permit may be amended once for one year after the authority authorized by the Minister of Economy has confirmed that the foreigner meets the requirements specified in Paragraph 1 of this Article.

4 . A foreigner who has terminated legal activities related to the introduction of new technologies or other innovations significant for the economic and social development of the Republic of Lithuania must leave the Republic of Lithuania.

The provisions relating to the grant of a permanent residence card, after you have completed the start-up visa term, are found in Article 53 (8) Law of the Republic of Lithuania on the Legal Status of Foreigners

It says:

Grounds for Issuing and Renewing a Permanent Residence Permit

1. A foreigner may be issued a permanent residence permit if he:

(1) has retained the right to citizenship of the Republic of Lithuania according to the procedure laid down in the Law of the Republic of Lithuania on Citizenship;

(2) is a person of Lithuanian descent;

(3) has entered the Republic of Lithuania for residence joining a citizen of the Republic of Lithuania as his family member;

(4) has lost citizenship of the Republic of Lithuania but resides in the Republic of Lithuania;

(5) is a minor born in the Republic of Lithuania and his parents or one of the parents are citizens of the Republic of Lithuania whose place of residence has been declared in the Republic of Lithuania or who holds a permanent residence permit;

(6) is a minor born outside the Republic of Lithuania and his parents or one of the parents are citizens of the Republic of Lithuania whose place of residence has been declared in the Republic of Lithuania or who holds a permanent residence permit;

(7) has been granted refugee status in the Republic of Lithuania;

(8) has resided in the Republic of Lithuania uninterruptedly for the last five years holding a temporary residence permit;

The pathway to Lithuanian citizenship, after you have completed the start-up visa term, is governed by Article 12 Law on Citizenship

It states:

Conditions for Granting Citizenship of the Republic of Lithuania

1. Upon submitting an application, a person may be granted citizenship of the Republic of Lithuania, provided that he agrees to take the oath of allegiance to the Republic of Lithuania and meets the following conditions:

(1) has passed the examination in the Lithuanian language;

(2) at the time of submission of the application is permanently residing in the territory of the Republic of Lithuania;

(3) has been residing in the territory of the Republic of Lithuania for the last ten years;

(4) has a legal source of support in the territory of the Republic of Lithuania;

(5) has passed the examination in the basic provisions of the Constitution of the Republic of Lithuania;

(6) is a stateless person or is a citizen of a state under the laws of which he shall lose citizenship of the said state upon acquiring citizenship of the Republic of Lithuania and notifies in writing of his decision to renounce citizenship of another state held by him after he is granted citizenship of the Republic of Lithuania.

2. The procedure of examination in the Lithuanian language (state language) and in the basic provisions of the Constitution of the Republic of Lithuania and the procedure for issuing the appropriate certificates shall be established by the Government of the Republic of Lithuania.

3. Persons meeting the conditions provided for in this Article shall be granted citizenship of the Republic of Lithuania taking into account the interests of the Republic of Lithuania. The requirements of subparagraphs 1 and 5 of paragraph 1 of Article 12 of this Law shall not apply to persons who are 65 years of age or over, to persons who have been established 0 to 55% capacity for work (until 30 June 2007 the disabled of group I and group II), to persons who have reached pensionable age, to persons for whom the level of high or medium special needs has been established according to the procedure laid down by legal acts , also to persons ill with grave chronic mental diseases.

4. The provisions of subparagraph 6 of paragraph 1 of this Article shall not apply to citizens of foreign states who have refugee status in the Republic of Lithuania.

For a simple explanation of the process for getting the Lithuanian start-up visa, please see my note on how to apply.

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