Temporarily providing services in another EU country to third-country nationals is only possible with the so-called “Vander-Elst” visa!

Since there is a shortage of qualified workers in the construction sector, Lithuanian companies eagerly and frequently employ third-country nationals and later dispatch these employees to other European countries, most often to Germany. However, it should be noted that residence permits in Lithuania do not grant these employees the right to work in Germany. In order to work legally in Germany, it is necessary to obtain the so-called “Vander-Elst” visa. The “Vander Elst” visa is a type of visa or work permit intended for third-country nationals employed by a company in a member state (EU/EEA/EFTA) and working there. Under this visa, they can work in both the employing company and another member state if they meet certain requirements. If a third-country national is dispatched from Lithuania to Germany within the company, for example, to a branch or subsidiary where they will temporarily provide services, they do not need additional visas. Employees from third countries can also be dispatched from Lithuania to Germany without an additional visa if they have a permanent residence permit in Lithuania (for more than 5 years) and if temporary activity in Germany does not exceed 3 months within a 12-month period. However, if the posting to Germany lasts longer than 3 months within a 12-month period or if the employee only has a temporary residence permit in Lithuania (up to 5 years), a “Vander Elst” visa is required. To obtain this visa, you need to apply to the German Embassy in Vilnius and submit the following documents: 2 application forms, 2 biometric photos, passport, service provider confirmation (1 original and 1 copy) containing the following information: legitimate employee activity in the company / planned start and end of work in Germany / work location in Germany / brief description of planned work / confirmation that the sent employee will receive at least the minimum wage in Germany during the posting / information about accommodation in Germany, residence permit in Lithuania, employment contract, health insurance, valid copy of the European Health Insurance Card issued in Germany or Lithuania, A1 certificate for the posting period, last three months’ payslips from Sodra, work contract between German and Lithuanian companies, document (diploma, certificate, testimonial) about the professional qualification of the employee. We assist in collecting and quickly preparing all these documents.

Personnel administration services:

• Preparation of employment contracts in accordance with the Labour Code
• Preparation of work schedules/tables Preparation of orders related to business activities such as business trips/holidays, etc.
• Preparation of internal company documents
• Administration of job postings
• Personnel recruitment

Registration of dispatched employees with German customs (Zoll):

Dispatching an employee from the Republic of Lithuania for temporary work in a foreign country is considered when the sending employer conducts the majority of the activities in the territory of the Republic of Lithuania, as well as when the dispatched employee is hired for work in the Republic of Lithuania, but temporarily performs work functions in another country. It should be noted that when sending employees from Lithuania, registered companies provide services to a foreign employer, the procedure for dispatching (informing competent authorities of foreign countries about the dispatch of employees and the minimum working conditions applicable to dispatched employees during the dispatch period) is carried out in accordance not with Lithuanian, but with the relevant foreign state’s legislation or universally applicable provisions of collective agreements. In the case of Germany, this would be – customs (Zoll), dispatched employees must be registered online at https://www.meldeportal-mindestlohn.de/ or https://www.zoll.de/. By reporting on dispatched employees, you ensure compliance with the working conditions and minimum wage rates applicable in Germany (varying by land and sector of activity). Under Directive 2014/67/EU, the receiving Member State may require copies of employment contracts, wage slips, working time records or documents confirming paid wages in paper or electronic form or equivalent documents with translation into the official language of the receiving Member State or into another acceptable language for the receiving Member State. These documents must be kept for 2 years after the end of the posting.