On Thursday, April 7, in the second - final - reading, the Saeima adopted amendments to the Immigration Law that were recognized as urgent, which envisage suspending the issuance of the first initial temporary residence permits to citizens of the Russian Federation and the Republic of Belarus until June 30, 2023.
The initial temporary residence permit is a temporary residence permit:
- requested by a foreigner who has not been granted a residence permit in the Republic of Latvia;
- at the time of application, more than 90 days have elapsed since the expiry of the previous temporary residence permit;
- which the foreigner requests repeatedly, if:
- he or she has made an investment in the share capital of the capital company by increasing it, or has invested in the share capital of the capital company by founding a new capital company and has paid 10,000 euros to the state budget when applying for a first-time temporary residence permit;
- he has acquired no more than two immovable properties, each of which is one functionally linked immovable property with a total value of at least EUR 250 000, but the object of the investment has changed;
- he has subordinated liabilities with a credit institution of the Republic of Latvia in the amount of not less than 280,000 euros and the term of the transaction concluded with this credit institution is not less than five years and, applying for the first temporary residence permit, he pays 25,000 euros to the state budget;
At the same time, exceptions are provided for when, it is still possible to issue temporary residence permits if the temporary residence permit is requested:
1.1. By a foreigner who is the spouse of a Latvian citizen or a non-citizen of Latvia;
1.2. By a foreigner who is the spouse of a foreigner holding a permanent residence permit;
1.3. By parents of a Latvian citizen or a non-citizen of Latvia who have reached the pensionable age laid down in the Republic of Latvia;
1.4. By a foreigner who was a Latvian citizen on 17 June 1940 or if one of his or her parents is a Latvian citizen.
2. for a period not exceeding one year, if the residence in the Republic of Latvia is related to employment specified in the legislation of the European Union, or if the employment of specialists or managers is required in an enterprise in which at least 51 per cent is the capital of legal persons or nationals of a member state of the Organization for Economic Co-operation and Development or which is directly or indirectly controlled by a national of a member state of the Organization for Economic Co-operation and Development as the beneficial owner and who transfers activities to the Republic of Latvia from the Russian Federation or the Republic of Belarus;
3. for a period not exceeding one year, if the stay in the Republic of Latvia is related to participation in a scientific co-operation project implemented jointly with a scientific institution included in the Register of Scientific Institutions or in an accredited study program at a higher education institution or college accredited in the Republic of Latvia or internship within the study program and if such right of residence is established by the legal acts of the European Union;
4. for the time for which the foreigner has been granted alternative status in accordance with the procedures specified in the Asylum Law;
5. for the period for which the foreigner has been granted temporary protection in accordance with the Asylum Law;
6. for a period of time for which guardianship or trusteeship has been established over a foreigner or for which he or she has been appointed as a guardian or guardian for a citizen of Latvia or a non-citizen of Latvia. If guardianship is established, the residence permit shall be issued for a period not exceeding five years;
7. for the period until the day when the court judgment regarding divorce and determination of the child's place of residence has entered into force, or until the day when the sworn notary has drawn up the divorce certificate, but not longer than one year if the divorce involves a child who is a Latvian citizen or a non-citizen of Latvia;
8. for a period not exceeding one year, if the pre-trial investigation institutions or the court require the foreigner to stay in the Republic of Latvia until the completion of the investigation of the criminal matter or examination in court;
9. for a period not exceeding five years, if the foreigner has previously left the Republic of Latvia for another country and lost the status of a permanent resident of the European Union in the Republic of Latvia and if a residence permit is requested not later than three years after leaving Latvia;
10. for a period not exceeding five years, if the foreigner has a valid residence permit of a permanent resident of the European Union issued in another Member State of the European Union.
It is also stipulated that the issuance or registration of residence, temporary residence and permanent residence permits may also be refused in cases where the competent state authorities have established that a foreigner has publicly glorified, denied or justified genocide, a crime against humanity, a crime against peace, a war crime. This will also be possible if it is established that the foreigner has provided significant financial, material, propaganda, technological or other support to persons or states that undermine or threaten the territorial integrity, sovereignty and independence of democracies, or the constitutional order, or has carried out such acts or otherwise acted contrary to the interests of national security or public order and safety.
The State Security Service will also carry out checks on citizens of the Russian Federation and the Republic of Belarus before:
- the issuance of a temporary residence permit on the basis of the employment of specialists or managers in an enterprise in which at least 51 per cent is the capital of legal persons or nationals of a member state of the OECD or which is directly or indirectly controlled by a national of a member state of the OECD as the beneficial owner and who transfers activities to the Republic of Latvia from the Russian Federation or the Republic of Belarus;
- for a period not exceeding one year, if the stay in the Republic of Latvia is related to participation in a scientific co-operation project implemented jointly with a scientific institution included in the Register of Scientific Institutions or in an accredited study program at a higher education institution or college accredited in the Republic of Latvia or internship within the study program and if such right of residence is established by the legal acts of the European Union;
- issuance of a permanent residence permit if the application for a permanent residence permit is submitted by a person who has received a temporary residence permit in the Republic of Latvia in accordance with Section 23, Paragraph one, Clauses 28, 29, 30 or 31 of this Law (see the first exception above).
The lawyers of the BDO Law Immigration Practice Group are ready to provide advice and assistance on immigration issues.