Lithuanian Labour Immigration

Policy: Regulations and Outcomes

E x p e r t s e m i n a r LABOUR MIGRATION IN THE

BALTIC SEA COUNTRIES: TRENDS AND PROSPECTS

25 April 2013 Constitutional Hall, Parliament of the

Republic of Lithuania, Gedimino av. 53, Vilnius

Vija Platačiūtė, Vytautas Magnus University

E-mail: v.plataciute@pmdf.vdu.lt

Sipaviciene, A., Kanopiene, V. (1997) Foreign labour in Lithuania: Immigration, employment and illegal work. Informal Network on Foreign Labour in Central and Eastern Europe. ILO/LUXEMBOURG Cooperation: Project RER/97/MO2/LUX

0

5000

10000

15000

20000

25000

30000

35000

2005 2006 2007 2008 2009 2010 2011 2012

Number of non EU nationals and stateless persons residing in Lithuania (2005 - 2012)

Stateless persons

Non EU nationals

Source: Migration Years Book 2005 , 2007, 2009, 2012. Lithuanian Migration Department

0

2000

4000

6000

8000

10000

12000

14000

16000

18000

2004 2005 2006 2007 2008 2009 2010 2011

Immigration Flows to Lithuania (2004 - 2011)

Immigration

Foreigners' immigration

Immigration from non EU Countries

Source: Migration Years Book 2005 , 2007, 2009, 2012. Lithuanian Migration Department; The Lithuanian Department

of Statistics data.

Immigration Structure in Lithuania

49%

23%

12%

7%

2% 1%

6%

Non EU citizens residing in Lithuania 2009

Russia

Belarus

Ukraine

Asia

America

Africa

Moldova

Other

14%

37%

19%

11%

7%

1% 5%

6%

Immigration from non EU countries in 2009

Russia

Belarus

Ukraine

Asia

America

Africa

Moldova

Other

Source: Migration Yearbook 2008; , 2009. Migration Department data

0

1000

2000

3000

4000

5000

6000

2004 2005 2006 2007 2008 2009 2010 2011

Number of decisions on issue / replacement of a temporary residence permit in Lithuania for aliens in

2011, by grounds for arrival

Intent to work

Family reunion

Lawful Activities

Study

Source: Migration Years Book 2005 , 2007, 2009, 2012. Lithuanian Migration Department

2002 2004 2007 2008 2011

New Law on

Citizenship

Law on the Legal Status of Aliens

Long-Term Development

Strategy of

the State

National demographic (population) policy strategy

Lithuania’s economy development by 2015 long-term strategy

Economic migration regulation strategy

Programme for Creation of “Global Lithuania” for 2011-2019

Immigration policy documents

Immigration policy guidelines

Economic Migration Regulatory Measures For Implementing The Strategy 2007-2008 Annual Plan Report

35 MEASURES

22 MEASURES

8 for immigration

4 for immigration

Lithuania’s Immigration Policy Guideline (2008)

goals:

1) to seek to ensure that Lithuania does not experience shortage of workforce and to avoid detrimental effect of emigration of the Lithuanian population and ageing of society on the life of the state;

2) to ensure the effective management of immigration flows;

3) to participate, in an active and targeted manner, in the process of formation of the immigration policy of the EU

Legal regulations of different groups of immigrants

Qualified immigrants

Higly qualified immigrants

Seconded immigrants

immigrants of Lacking profesion In Labour market

Interns or trainees and participants of youth exchange programs

Non EU national who holds resident permit of member state

Researchers

Aliens who Intends to Engage in Lawful Activities

The conditions and order of issue of work permit in Lithuania

Registered vacancy Within 21 day Requirement of qualification Yes

Alien experience / seniority 2 years of experience within the past 3 years

Charges for a work permit 420 Lt (122 EUR) – for 1 year; 180 Lt (52 EUR) –for extension

Procedure time Within 2 months Salary salary can not be less than the residents of

the Republic of Lithuania who work the same job

Permit issuance period No longer than 2 years

Permit may be refused in line with labor market needs

Yes

Number of permits issued alien may have only one work permit

877 1565 2982 5686

7819 2852 1808

3327 4627

2004 2005 2006 2007 2008 2009 2010 2011 2012

Issued/extended work permits in Lithuania (2004 - 2012)

Issued/extended work permits Source: Lithuanian Exchange Office data

0% 10% 20% 30% 40% 50% 60% 70% 80% 90%

Manufacturing

Transport

Construction

Service

Others

Manufacturing

Transport

Construction

Service

Others

Construction

Transport

Service

Manufacturing

Others

Construction

Service

Manufacturing

Service

Industry

Construction

Service

Industry

Service

Industry

Service

Industry

20

05

2

00

6

20

07

2

00

8

20

09

2

010

20

11 2

012

Foreign workers by sectors in Lithuania (2005 – 2012)

Source: Lithuanian Exchange Office data

Highly qualified immigration regulations

Liberalization in 2009: • Possibility of family reunion • processing time of temporary residence permit

reduced from 6 to 2 months

Highly qualified immigrant: •Alien has a profession which refers to highly qualified profession list •is researcher at the research institution or engaged in pedagogical activities ; •works with projects of highly importance for the state •cases then salary are not lesser than three recently published national average monthly wages.

Highly qualified immigration Amendments in 2012:

• No work permit needed, but Lithuanian Labour Exchange decides if the alien's work meets the Lithuanian labor market needs

• Possibility to change a job

• salary must be not lesser than two recently published national average monthly wages

• Possibility of family reunion

High professional qualification – qualification which is gained by university degree diploma or, as stated in LR laws, not less than five years work experience which is equal to university degree qualification and which is obligatory to profession or sector stated in employee regulations to employ an alien according to employment contract

Seconded immigrants Immigrants of Lacking profesion In Labour market

• aliens are not covered by labor market test, but work permit is needed

• salary can not be less than the residents of the Republic of Lithuania who works the same job

• Time limit of examination of documents within 10 days

• labor market test remains

• May enter the country with national D visa (visa is issued within 10 working days)

• Time limit of examination of documents within 14 days.

• Work permit can be issued up to 2 years and extended for 2 years more without leaving the country

329 660 718

1593

2733

895

2004 2005 2006 2007 2008 2009

Seconded immigrants in Lithuania (2004 – 2009)

Source:

Lithuanian

Exchange

Office data

Researchers: liberalization in 2012

• An alien who is coming to higher education and research institutions or research institutions to carry out research work or teach

• Such alien are not covered by labor market test

• No work permit needed

• resident permit is needed only if researcher stay longer than for one year

• Possibility of family reunion

Taljūnaitė, M. Gumbrevičiūtė-Kuzminskienė, D., Labanauskas, L. (2009) Questionnaire on the Social Aspects of the Mobility of Researchers and Highly-Skilled Employees in Lithuania. Institute for Social Research, Vilnius.

Alien who Intends to Engage in Lawful Activities To 2009 After 2009

Alien registers an enterprise, agency or organization in the RL

the owner or co-owner who owns at least 10% of the statutory capital

in which the nominal value of his proportion of the authorised capital held in the enterprise must comprise not less than LTL 50 000

is the head or the authorized representative of the enterprise, agency or organization registered in RL

Yes Yes

Temporary residence permit 1 Year 1 Year

work permit is not required Yes Yes

Possibility of family reunion An alien must have resided in RL for the past 2 years

Yes

694 499

548 663 845 827

1348

839

2004 2005 2006 2007 2008 2009 2010 2011

Number of decisions on issue / replacement of a temporary residence permit in Lithuania by grounds of Lawful Activities

The three main group of fears can be identified on the basis of public opinion polls:

• immigrants taking jobs away,

• threatening the social system and the stability

• of the assault on Lithuania denationalization

• Lithuanian population attitude towards

immigration and labor immigrants. (2010) IOM Vilnius Office, An Independent Institution of Public Opinion and Market Research, "Vilmorus Ltd.“

• Pilinkaitė Sotirovič, V., Žibas, K. (2011) Ethnic and Social Groups in Lithuania: Societal attitudes and their Changes. Ethnicity studies 2011/1-2

84.7 percent have negative view of labor immigrants because of

competition and deteriorating working

conditions, nearly half of those

surveyed would not want to work with immigrants.

7.3 percent respondents personaly know labor immigrants. 79.2 percent of respondents opinion about immigrants come form the media.

Researches on labour immigration in Lithuania

Sipavičienė, A., Jeršovas, M. (2010). Labour force migration: Needs and Policy in Lithuania. European Migration Network, International

Organization of Migration, Lithuanian Social Research Centre

The Institute of Labour and Social Research .The feasibility study of the integration of third country citizens into the labour market, improving

knowledge and information of their demand assessment (2009). Project No. EIF/2009/3/18/RM/1

The Institute of Labour and Social Research . Assesment of opportunities of third-country nationals' integration in Lithuanian labour market,

accumulation and comparison of information on the target group (2010). Project No. EIF/2007/1/09/RM/3

Regulations Outcomes

• There are no long term immigration policy strategy based by long-perspective researches

• Strict and Selective (labour) immigration policy

• Priority of circular labour immigration policy

• Introduced liberalization of researchers immigration and unified regulations for highly qualified migrants

• Immigration policy formed by migratory behaviour and ad/hoc principle and interest group pressure

• Immigration remains limited and unable to compensate for losses of emigration in labour market

• No opportunity for labour immigrant to stay longer than two years

• Influence of EU legal regulations

Regulations Outcomes

• Requirement of qualification

• Negative public oppinion on labour immigrants

• Integration of (labour) immigrants is not a priority in immigration policy

• No integration programmes and consultation bodies are provided for labour immigrants from the state

• Only qualified and highly qualified immigrants can enter into labour market

• Intolerance in societity; fear of immigration is not adequate to legal regulations

• The European Fund for the Integration of Third-country nationals is considered as the only option to improve infrastructure of migrant integration

• Wide area for abuse and exploitation of labour immigrants