Equivalence of a professional experience with a higher education qualification

On 22 March 2017, the Resolution No. 211 of the Government of the Republic of Lithuania “On the Approval of the Description of the Procedure for the Recognition of Professional Experience in Higher Education Qualifications and the Procedure for Issuing the Certificate of Approval thereof”, was adopted, wherein the provisions are entrenched enabling quick employment of highly qualified aliens who have at least 5 years of professional experience but do not have a higher education diploma. This description sets out the procedure for issuing a document certifying the recognition of professional experience in higher education qualifications.

Upon receipt of this document, qualified professionals from countries other than the European Union who are required by the Republic of Lithuania shall have the opportunity to get employed more easily in jobs requiring high professional qualifications.

In order to employ an alien who intends to work in a job requiring a high professional qualification in accordance with the profession not regulated in the Republic of Lithuania, provided the alien does not hold a higher education diploma but has at least 5 years of professional experience, it is necessary to obtain a document certifying a high professional qualification. Such document is issued by the Ministry of Economy of the Republic of Lithuania. The document shall be issued only upon the application of the employer and it is valid only for a specific place specified by the employer.

The employer must submit to the Ministry of Economy of the Republic of Lithuania an application of a set form, completed form and the following documents (all documents must be translated into the Lithuanian language and confirmed by the signature of the translator or by seal of the translation office):

1. If the alien has acquired professional experience while working under an employment contract:

1.1. the employment contract (s) concluded between the foreign employer (s) with the alien;

1.2. the document (s) issued by the foreign employer (s) on the competences substantiating the alien’s acquired professional experience necessary for a job of the high professional qualification; the document must contain a detailed description of the tasks of the work of the alien and the competences necessary for them to be performed, the duration of the professional activity must be indicated herewith;

1.3. documents issued by the competent authorities of a foreign state from which it would be possible to identify that the employer who has entered into an employment contract with the alien was legally established during the period of validity of the employment contract with the alien, as well as to determine the taxes paid by the employer for the alien (the tax amount may not be specified) from his/her income received according to the contract referred to in Clause 1, or the fees paid by the alien himself/herself (tax amount may not be specified) from his/her income received under the contract referred to in Clause 1 and the length of the payment thereof (for example, a certificate issued by a foreign state or other institution administering the social security or other taxes; a certificate issued by the institution managing the register of legal entities) or exemption from the taxes referred to in this Clause on a legal basis;

1.4. other documents substantiating competences acquired by the alien (if any). 

2. If the alien has acquired professional experience while engaged in the independent professional activity:

2.1. documents issued by the competent authorities of the foreign state proving that the alien has been legally engaged in an independent professional activity within the terms specified by the alien (for example, a certificate issued by a foreign state or other institution administering the social security or other taxes; a certificate issued by an institution administering permits for natural persons to engage in independent activities);

2.2. contracts for the provision of services and/or other documents justifying the declared professional experience granting relevant competences and the duration thereof;

2.3. the document (s) issued by the competent authorities of the foreign state concerning taxes paid (tax amount may not be specified) from income received in pursuance of the activities referred to in Clause 2.1, and/or the contract specified in Clause 2.2, or exemption from the taxes referred to in this clause on a legal basis;

2.4. other documents substantiating competences acquired by the alien (if any). 

3. If the alien has acquired professional experience in the ways mentioned in Clauses 1 and 2, then the documents specified in Clauses in 1.1 - 1.4 and 2.1 - 2.4 must be submitted.

The employer may submit an application and other documents to the Ministry of Economy of the Republic of Lithuania, directly or send by mail.

If the application is submitted directly, the originals of the enclosed documents and/or the copies certified by the competent authority of the Republic of Lithuania or a foreign state that issued the document, by a notary public or other person authorized to perform notarial acts, or copies certified by a consular officer or another competent foreign state official shall be submitted herewith. When original documents are presented, an employee of the Ministry of Economy of the Republic of Lithuania makes and certifies copies thereof, and returns the originals to the applicant.

If the application is sent by post, copies of the indicated documents, certified by the competent authorities of the Republic of Lithuania or a foreign state that issued the document, by a notary public or other person authorized to perform notarial acts, by a consular officer or another competent foreign state official shall be provided.

The Ministry of Economy of the Republic of Lithuania, no later than within 10 working days, shall verify whether the employer has been established in Lithuania, whether the application has been duly completed and whether all documents have been submitted, etc.

If duly formalized documents are submitted, the decision must be taken within one month from the date of receipt of the application and of all documents related thereunder.

MIGRATION LAW CENTER