Comparable of professional experience to higher education qualification

Comparable to professional experience to higher education qualification

On 22 March 2017, the Government of the Republic of Lithuania adopted the Resolution No. 211 ‘On comparable of professional experience to higher education qualification and approval of the description of the procedure of issue of appropriate certifying document’ (hereinafter referred to as the Description) which establishes the provisions entitling faster employment for highly-qualified foreigners with minimum 5 years’ professional experience, but without higher education diploma. The Description sets forth the procedure of determining comparable professional experience to higher education qualification and issue of an appropriate certifying document. Document certifying recognition is issued upon the employer’s request only and is valid exclusively for a specific workplace specified by the employer.

What employer should know when planning to employ a foreigner pursuing work requiring a higher professional qualification in a profession not regulated in Lithuania?

• First of all, one must satisfy himself/herself that it is not a regulated profession. The unregulated profession is a profession practicing which does not require holding certain professional qualifications by legal acts. The list of regulated professions can be found here:
• A profession in which a foreigner is planning to work is classified into the main groups 1, 2 or 3 of the Lithuanian classification of occupations. The Lithuanian classification of occupations can be found here: http://www.profesijuklasifikatorius.lt/. If a profession is not regulated, and a foreigner does not have a higher education diploma, but has a minimum of 5 years’ professional experience, a document certifying higher professional qualification needs to be obtained. Such a document is issued by the Ministry of Economy and Innovation of the Republic of Lithuania. Then, the employer must submit an application, of the established form and the following documents to the Ministry of Economy and Innovation:

1. If a foreigner acquired professional experience while working under an employment contract:

1.1. employment contract(s) signed between a foreign employer(s) and a foreigner;

1.2. a document(s) issued by a foreign employer(s) on competencies of proving professional experience acquired by a foreigner that is needed for higher professional qualification work; the document must contain a detailed description of foreigner’s job tasks and competencies required to complete them (competence  – individual’s ability to perform the certain job by using knowledge, skills, and experience held), including specification of the length of professional activity;

1.3. documents issued by competent authorities of a foreign country, based on which it can be determined that the employer who signed an employment contract with a foreigner was legally established during the validity of the employment contract with the foreigner, and taxes paid by the employer for the foreigner (the amount of taxes may not be specified) from incomes received under the contract specified in point 1, or taxes paid by the foreigner himself/herself (the amount of taxes may not be specified) from incomes received under the contract specified in point 1, and duration of their payments (for example, a certificate issued by a foreign country or authority administering social insurance or other taxes; a certificate issued by an institution managing the register of legal entities) or exemption from payment of taxes specified in this point on the lawful ground;

1.4. other documents certifying competencies acquired by a foreigner (if any);

1.5. Translations of documents listed in 1.1-1.4 into Lithuania. Translations must be certified by a translator’s signature and/or seal of a translation agency affixed.

2. If a foreigner acquired professional experience while working as self-employed:

2.1. documents issued by competent authorities of a foreign country proving that the foreigner was legally pursued the professional activity as self-employed during the periods specified by the foreigner (for example, a certificate issued by a foreign state or social insurance or other tax administering institutions; a certificate of an institution administering permits for foreigners to work as self-employed);

2.2. service provision contract and/or other documents proving appropriate professional experience granting competences and its duration;

2.3. a document(s) issued by competent authorities of a foreign country about paid taxes (the amount of taxes may not be specified) from incomes received from carrying out activity or activities specified in point 2.1 and/or under contract specified in point 2.2, or exemption from taxes specified in this point on the lawful ground;

2.4. other documents certifying competencies acquired by a foreigner (if any);

2.5. Translations of documents listed in 2.1-2.4 into Lithuania. Translations must be certified by a translator’s signature and/or seal of a translation agency affixed.

3. If a foreigner acquired professional experience on the grounds specified in points 1 and 2, then the documents listed in points 1.1-1.4 and 2.1-2.4 must be submitted.

Please note that the employer can submit an application and other documents to the Ministry of Economy and Innovation by following modes:

• Directly into a one-stop window of the Ministry of Economy and Innovation, Room 109 Gedimino av. 38, Vilnius. If an application is submitted directly, the original documents must be enclosed and/or copies certified by an issuing competent authority of the Republic of Lithuania or a foreign country, notary or other person authorized to carry out notarial actions, or consular officer or another competent officer of a foreign country. When original documents are submitted, an employee of the Ministry of Economy and Innovation makes and certifies their copies, and returns the original documents to the applicant.
• When sending by post to the Ministry of Economy and Innovation, at Gedimino av 38, Vilnius LT-06118

If an application is sent by post, copies of the documents specified must be submitted, certified by an issuing competent authority of the Republic of Lithuania or a foreign country, notary or other person authorized to carry out notarial actions, or consular officer or another competent officer of a foreign country.

Terms:

• An employee of the Ministry of Economy and Innovation checks if the employer is established in Lithuania, not bankrupt if the application if properly filled in and all documents submitted within 10 working days;
• If any defects are discovered, the term of a minimum of 5 working days and a maximum one month is established for the elimination of defects.
• In case of failure to eliminate defects within the established term, documents are returned to the employer;
• When all properly issued documents are submitted, a decision must be made within one month from the day of receipt of the application and all documents.
• If an applicant submits more than 15 applications at the same time, the term verification of documents of 10 working days is extended to 15 working days, a term of decision-making – up to 45 working days.

Legal acts regulating this field:

1. Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for highly qualified employment
2. Law on the Legal Status of Aliens of the Republic of Lithuania;
3. Resolution No. 211 of the Government of the Republic of Lithuania of 22 March 2017 ‘On the approval of the description of the procedure for recognition comparable of professional experience to higher education qualification and the issue of a certifying document’.