vija plataciute: lithuanian labour immigration policy: regulations and outcomes
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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
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