Due to the continuation of the aggressive actions of the Russian Federation and the started war in Ukraine, the Saeima deals with issues of national security, therefore, with the aim of strengthening national security, as well as promoting the cessation of international crimes and human rights violations, the legislator adopted amendments to the Immigration Law that were recognized as urgent.
It has already been reported that on April 7, 2022, the Saeima adopted amendments to the Immigration Law, which provided for the suspension of the first-time issuance of temporary residence permits to citizens of the Russian Federation and the Republic of Belarus until June 30, 2023. The mentioned amendments did not provide for the prohibition of citizens of the Russian Federation and the Republic of Belarus from receiving repeated residence permits. However, the amendments to the Immigration Law which were approved on September 22, 2022 has changed the procedure for requesting and extending temporary residence permits for citizens of the Russian Federation and the Republic of Belarus, limiting the possibilities to extend their stay in Latvia.
The law has been supplemented with a norm that determines that citizens of the Russian Federation and citizens of the Republic of Belarus have the right to request temporary residence permits only in the exceptional cases clearly defined by the law, actually stopping the possibility of extending temporary residence permits based on the investments made or by purchasing real estate in Latvia. Citizens of the Russian Federation will also not be able to receive remote work visas. It should be noted that the restrictions regarding the citizens of the Republic of Belarus have been introduced to a narrower extent with the aim of continuing to provide support to the people of Belarus, namely those who have suffered repressions, civil society, independent media, companies, etc. cases.
Citizens of both the Russian Federation and the Republic of Belarus have the right to request a temporary residence permit for the period specified by law in the following cases:
- if the foreigner is the spouse of a citizen of Latvia or a non-citizen of Latvia;
- if the foreigner is the spouse of a foreigner holding a permanent residence permit;
- if the foreigner is the parent of a citizen of Latvia or a non-citizen of Latvia who has reached the pensionable age laid down in the Republic of Latvia;
- if the foreigner was a citizen of Latvia on June 17, 1940 or one of his parents is a citizen of Latvia;
- if the residence in the Republic of Latvia is related to employment specified in the legislation of the European Union (for citizens of the Russian Federation for a period of up to one year and for citizens of the Republic of Belarus for up to five years);
- if foreigner is granted alternative status in accordance with procedures laid down in the Asylum Law;
- if foreigner has been granted temporary protection in accordance with the Asylum Law;
- if guardianship or trusteeship is established over foreigner or foreigner has been appointed as a guardian or trustee for a citizen of Latvia or a non-citizen of Latvia;
- during the divorce period until the court determines the place of residence of the child or a sworn notary has produced a divorce certificate if the marriage is dissolved and there is a child in a marriage who is a Latvian citizen or a non-citizen of Latvia;
- if it is necessary for pre-trial investigation institutions or a court that the foreigner resides in the Republic of Latvia until a criminal case investigation is finished or examined in a court;
- if the foreigner, having previously left the Republic of Latvia to another country, has lost the status of a permanent resident of the European Union in the Republic of Latvia and if he requests a residence permit no later than three years after leaving Latvia;
- 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;
- if foreigner has completed co-operation within the scope of the research project in the Republic of Latvia or has acquired a full time master's or doctoral study programme and has acquired a State-recognised diploma of higher education regarding completion of this study programme, and has submitted a request for a residence permit not later than three months after the expiry of the period of validity of a temporary residence permit issued in relation to studies or participation in a research project;
- if the foreigner was granted the right to employment in the Republic of Latvia, he was employed in the Republic of Latvia for at least the last three months before requesting a repeated temporary residence permit, personal income tax payments were made for him during this period and he, requesting a repeated temporary residence permit, continues to exercise the granted right to employment;
- residents permit can be issued by the Minister for the Interior if it complies with the State interests of Latvia or it complies with the norms of international law, or is related to reasons of a humanitarian nature;
- a residence permit can be requested by the person directing the proceedings for a foreigner who is not a citizen of the Union and has been recognized as a victim of human trafficking, as well as for minor child accompanied by him for a period of not less than six months;
- if the foreigner applies to the court with an application regarding recovery of the unpaid work remuneration from the employer in case, if the foreigner, staying illegally in the Republic of Latvia, has been illegally employed in particularly exploitative working conditions.
The Law also stipulates that a citizen of the Russian Federation has the right to request a temporary residence permit for a period not exceeding one year, if the stay in the Republic of Latvia is related to participation in a scientific cooperation project, which is being implemented jointly with a research institution included in the Register of Research Institutions, or studies in an accredited study programme in the Republic of Latvia, an accredited university or college, or practice within the framework of the programme and where such rights of residence are established by European Union law.
In addition to the grounds already mentioned above, a citizen of the Republic of Belarus has the right to request a temporary residence permit also in the following cases for the period specified by law:
- if the foreigner is a relative of a Latvian citizen or of a non-citizen of Latvia or of a foreigner who has received a permanent residence permit, up to the third degree in direct line or third degree in a collateral line, or also affinity to the third degree;
- if the foreigner is an economic operators registered in the Commercial Register;
- if the foreigner has been registered in the Commercial Register as a member of the board or a member of the council, proctor, administrator, liquidator or a member of a partnership having the right to represent the partnership, or a person who is authorised to represent an economic operator (foreign economic operator) in activities related to a branch, if the commercial company or the branch of the foreign economic operator has been registered in the Commercial Register for at least one year prior to requesting a residence permit, it is performing active economic activity and its activity provides economic benefit for the Republic of Latvia. This condition shall be applied in relation to an official of the limited liability company registered in the Commercial Register, if the equity capital of the limited liability company is at least EUR 2800;
- if the foreigner is a self-employed person;
- for the period of employment, but not longer than five years. If a European Union Blue Card is being requested for a period of time, which does not exceed one year, it shall be issued accordingly for a period of time, which exceeds the time period of the employment contract by three months;
- if the foreigner requests a temporary residence permit as an intra-corporate transferee to be employed in the position of a manager or specialist;
- if the foreigner requests a temporary residence permit as an employee-trainee within the framework of an intra-corporate transfer;
- if the foreigner is a representative of a representation of a foreign economic operator and the foreign economic operator has been registered abroad at least for five years prior to submitting the application on a residence permit, has employed more than 50 employees over the past year, net turnover thereof exceeds EUR 10 million and it has no tax debts;
- if the foreigner is a representative of a representation of a foreign airline registered in the Republic of Latvia;
- if the scientific co-operation agreement is entered into with scientific institutions included in the register of scientific institutions;
- if the foreigner is a pupil in an educational institution accredited in the Republic of Latvia;
- if the foreigner is a full time student at a higher education institution or college accredited in the Republic of Latvia;
- if there is a contract entered into force for treatment in an inpatient medical treatment institution;
- for the performance of religious activities;
- if a foreigner requests a temporary residence permit in the status of a trainee who has acquired higher education not more than two years prior to the date of submitting the application for a residence permit and the acquired higher education conforms to the intended field of traineeship;
- if the foreigner has not studied the state language, but the foreigner has the right to request a permanent residence permit according to certain grounds established by law;
- if the status of a stateless person has been granted to a foreigner in the Republic of Latvia, excluding, when a foreigner to whom prior to the granting of the status of a stateless person in the Republic of Latvia a residence permit has been issued in accordance with another purpose of entry;
- if the foreigner plans to implement activities in the Republic of Latvia which correspond to Section 1, Clause 5 of the Law on Aid for the Activities of Start-up Companies, and after receiving a temporary residence permit, the conditions stipulated by the law are fulfilled;
- if a foreigner has the right to request a permanent residence permit or a permanent resident of the European Union in the Republic of Latvia, but the foreigner has not learned the state language.
The amendments to the Immigration Law of September 22, 2022 also determine changes in the procedure by which a foreigner living in the Republic of Latvia, who was a citizen of Latvia or a non-citizen of Latvia before acquiring the citizenship of another country, can continue to reside in Latvia. Namely, the norm has been removed from the legal act, which provided for Latvian citizens and non-citizens of Latvia who have adopted the citizenship of another country had the right to request a permanent residence permit in the Republic of Latvia under a simplified procedure - without specifying the requirement to prove knowledge of the state language and regular means of subsistence.
It is determined that for a citizen of the Russian Federation, who has already received a permanent residence permit as a foreigner living in the Republic of Latvia, who was a citizen of Latvia or a non-citizen of Latvia before acquiring the citizenship of another country, the permanent residence permit is valid until September 1, 2023. If a person wants to receive a permanent residence permit again, he must submit a certificate of learning the state language by September 1, 2023.
In addition, it should be noted that the Financial Intelligence Service, in cooperation with the State Security Service, Constitution Protection Bureau, the State Police and the Office of Citizenship and Migration Affairs, within the scope of their competence and in accordance with the procedures specified in the laws by October 1, 2023 will assess whether there is a basis established by the law for cancelation the temporary residence permits which are valid on the date of entry into force of this law and have been issued to citizens of the Russian Federation and the Republic of Belarus, based on investments in immovable property, the equity capital of capital companies, a Latvian credit institution or securities.
BDO Law has extensive experience in tackling immigration issues, including the employment requirements for foreigners, and we are ready to help find appropriate solutions and provide the necessary support in any immigration situation.