changes in immigration status and … focussed study 2015 changes in immigration status and purpose...

EMN FOCUSSED STUDY

CHANGES IN IMMIGRATION STATUS AND PURPOSE OF STAY: AN OVERVIEW OF LATVIA APPROACHES

Riga, December 2015

EMN Focussed Study 2015

Changes in immigration status and purpose of stay: an overview of Latvia approach

2

Pursuant to Council Decision 2008/381/EC of 14 May 2008, the European Migration Network was established, its

objective shall be to meet the information needs of European Union institutions and of Member States’ authorities and

institutions, by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view

to supporting policymaking in the European Union in these areas. The European Migration Network also serves to

provide the general public with information on these subjects.

The Network is composed by the European Commission and the contact points designated by the Member States. Each

contact point establishes a national migration network.

The contact point of each state prepares studies, whose topics have been set in the respective annual programme of

activities. The topics of studies are related to the area of migration of third-country nationals.

The Latvian Contact Point of the European Migration Network is the Office of Citizenship and Migration Affairs.

Contacts:

Čiekurkalna 1. line 1, B-3,

Riga, Latvia, LV-1026

Telephone: +371 67219492

Fax: +371 67219431

E-mail: [email protected]

Web page: www.emn.lv

Authors of the Study:

Ilze Briede, Head of the Migration Division of the Office of Citizenship and Migration Affairs

Ilze Siliņa-Osmane, Expert of the Latvian Contact Point of the European Migration Network

Editor:

Maira Roze, Deputy Head of the Office of Citizenship and Migration Affairs

This project has been funded with support from the European Commission. This publication reflects the views only of

the authors, and the European Commission cannot be held responsible for any use which may be made of the

information included therein.

Co-funded by the European Union

mailto:[email protected]

http://www.emn.lv/



3

DEFINITIONS1

‘Applicant for international protection’

A third-country national or a stateless person who has made an application for international protection in

respect of which a final decision has not yet been taken. (Art. 2(i) of Directive 2011/95/EU (Recast

Qualification Directive)

‘Applicant for change of status’

A third-country national who applies to change his/her current status of residence and purpose of stay into

another immigration category.

‘Change of status’

(intended as potentially, but not necessarily, cumulative of the elements ‘change in the purpose of stay’

and ‘switch of immigration status’)

The situation of a third-country national authorised to stay under a specific immigration status (category)

in a given Member State who has applied to remain in the same Member State but under different legal

ground (immigration category).

‘Economic migration’

Migration mainly for economic reasons or in order to seek material improvements to livelihood.

‘Employer’

Any natural person or any legal entity, including temporary work agencies, for or under the direction and/or

supervision of whom the employment is undertaken. (Art. 2(d) of Directive 2009/52/EC (Employer

Sanctions Directive)

‘Employment’

The exercise of activities covering whatever form of labour or work regulated under national law or in

accordance with established practice for or under the direction and/or supervision of an employer. (Art.

2(c) of Directive 2009/52/EC (Employer Sanctions Directive)

‘Family member’

A third-country national, as specified in Art. 4 of Directive 2003/86/EC (normally members of the nuclear

family – i.e. the spouse and the minor children), who has entered the territory of the European Union for

the purpose of family reunification. (Recital 9 and Art. 4 of Council Directive 2003/86/EC (Family

Reunification Directive)

‘Immigrant investor’

1Source: EMN Glossary, 3.0, available: http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/glossary/index_a_en.htm. „Immigrant investor“ and „Immigrant business owner“ definitions are similar to those in the EMN study on the admission of third-country nationals for the purposes of the business.The definition of „employee“ is derived from "ILO Thesaurus", 6.edition, 2008.



4

A third-country national meeting the criteria set by a Member State and admitted to a Member State for

the purpose of making a (substantial) financial investment either in financial products or in a business but

without involving in the day-to-day operations or in the management of business.

‘Immigrant business owner’

A third-county national meeting the criteria set by a Member State to be admitted to the Member State to

i) set up a business and be involved in its management; ii) take over the running of a business or

businesses and be involved in its management; iii) or for self-employment.

‘Intra-corporate transferee’

A third-country national subject to a temporary secondment from an undertaking established outside the

territory of a Member State and to which the third-country national is bound by a work contract to an entity

belonging to the undertaking or to the same group of undertakings which is established inside this territory.

‘Long-stay’ visa (or National D-Type visa)

‘Long-stay visa’ means the authorisation or decision of a Member State required for entry for an intended

stay in that Member State of more than three months.

‘Person subject of an action to facilitate illegal immigration’

A third-country national subject to an action to facilitate illegal immigration as defined by Articles 1 and 2

of Directive 2002/90/EC, who fulfils the conditions set by Directive 2004/81/EC and is allowed to stay

legally on the territory of a (Member) State.

‘Rejected applicant for international protection’

A third-country national covered by a first instance decision rejecting an application for international

protection, such as decisions considering applications as inadmissible or as unfounded and decisions

under priority and accelerated procedures, taken by administrative or judicial bodies during the reference

period (Art. 4(2a) of Regulation 862/2007 (Migration Statistics Regulation)

‘Researcher’

A third-country national holding an appropriate higher education qualification, which gives access to

doctoral programmes, who is selected by a research organisation for carrying out a research project for

which the above qualification is normally required. (Art. 2(d) of Council Directive 2005/71/EC (Researchers

Directive)

‘Residence permit’

Any authorisation issued by the authorities of a Member State allowing a third-country national to stay

legally in its territory, in accordance with the provisions of Article 1(2)(a) of Council Regulation (EC) No

1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.

‘Student’

A third-country national accepted by an establishment of higher education and admitted to the territory of

a Member State to pursue as their main activity a full-time course of study leading to a higher education

qualification recognised by the Member State, including diplomas, certificates or doctoral degrees, which

may cover a preparatory course prior to such education according to its national legislation. (Art. 2(b) of

Council Directive 2004/114/EC (Student Directive)



5

‘Tolerated status’

The situation of a third-country national in respect of whom a removal order has been suspended or a

period for voluntary departure has been granted within the meaning of Recital 12 and Articles 9 and 14 of

Directive 2008/115 (Return Directive), in respect of whom a removal order has been suspended under

other national legal grounds or permit to stay/reside has been issued according to the national law.

‘Victim of trafficking in human beings’

A third-country national subject to an offence regulated by Directive 2011/36/EU, who fulfils the conditions set by

Directive 2004/81/EC and is allowed to stay legally on the territory of Latvia



6

TOP-LINE “FACTSHEET”

The Focussed Study “Changes in immigration status and purpose of stay: an overview of Latvia approach”

encompasses the legal immigration in relation to changes in purpose of stay for third-country nationals whilst

remaining in Latvia.

The Focussed Study covers such third-country nationals with “permit/right to reside” in Latvia who are not in

illegal situation2 and describes situations when purposes of stay are changed in the territory of Latvia without

requiring the person to return to his or her country of origin.3

The Focussed Study aims at providing of overview of criteria for granting of specific types of residence

permits4 by comparing and opposing them to each other, describing Latvia’s legal framework that permits

legally admitted third-country nationals to change purpose of stay.

Section 1 provides overview of Latvia’s immigration system in relation to change in purpose of stay of third-

country nationals. A third-country national may change the purpose of stay without leaving Latvia and going

to his or her country of origin if he or she has a valid permit to reside in Latvia, a valid permit to reside in any

Schengen country or a valid residence permit issued by any EU Member State that confirms his or her status

of the EU permanent inhabitant. There is one exception – students who have not completed studies because

they cannot change the purpose of stay without leaving Latvia pursuant to the Immigration Law5. Students

who have graduated from a university are entitled to change their purpose of stay without leaving Latvia.

Latvia has not had significant discussions about third-country nationals’ possibilities to change the purpose

of stay which shall be explained by the comparatively small number of third-country nationals in the State.

Section 2 provides overview of admission criteria. This section contains information about the initial

admission criteria or the criteria for issuing a particular authorisation to stay applied by Latvia in order to admit

all categories covered by the scope of the study. It summarizes rights attached to each category as well as

requirements incumbent on the residence permit applicant. To prevent malicious use of legal acts, Latvia has

included in its legal acts additional requirements for individual categories of residence permits. For example,

if a third-country national is willing to change his or her purpose of stay from business owner to another one,

he or she is obliged to prove settlement of all taxes and fees set forth in legal acts.

Section 3 provides overview of Latvia’s legal framework on changes in purpose of stay whilst remaining in

the territory of Latvia. This section lists facilitations in changes in purpose of stay in comparison with first time

applicants. The section provides information about impact on change of purpose of stay on rights of third-

country nationals. Persons involved in asylum procedure and victims of trafficking have access to more

extensive range of social rights; other categories of third-country nationals receive employment related social

allowances. Third-country nationals with status of family reunification, business owner and investor are

entitled to more extensive right for unrestricted employment. Third-country nationals who change their

purpose of stay to scientific activities, education and EU Blue card receive more extensive mobility rights.

2Except applicants who ask for international protection or any other national protection and have received final refusal. 3 The Focussed Study characterizes situation for 1 December 2015. 4Family, education, research, EU Blue card, highly qualified worker, employed, self-employed, business owner, seasonal worker, intra-corporate transferee, investor, D-type visa holder, asylum seeker, victim of trafficking. 5Pursuant to Section 32(4) of the Immigration Law.



7

The statistical data show that overall in Latvia there is no quantifiable common change of purpose of stay.

Third–country nationals more frequently have changed purpose of stay in 2013 and 2014. The most part

changed the purpose of stay from investors and education to the family purpose of stay and vice versa – from

the family purpose of stay to education and investors. Investors change residence permits to the family related

purpose of stay because most of the investments are not effective enough to comply with the conditions set

out in the Immigration Law to maintain the temporary residence permit. Very often in these case a family

member becomes an investor by changing the nature of the investment and the main applicant (previous

investor) obtains the status of a member of family. Significant part of persons who change their status from

family member to investor are children of investors who entered Latvia as minors and have come of age. In

view of the fact that, currently, the Immigration Law does not provide a possibility for adult children to stay

with their parents (third-country nationals), parents make investments for adult children or children commence

studies changing the purpose of stay accordingly. To prevent such situation, changes are planned in the

Immigration Law. It will also allow adult children if they received the first temporary residence permit in Latvia

when they were minors, continue to reside as a member of the family. In the light of the low numbers of status

change, there is no basis to claim that large numbers of third-country nationals would circumvent the

provisions of the Immigration Law, in order to acquire the right to reside in Latvia.

Section 4 informs about challenges, good practices and lessons learned. This section examines current

challenges and obstacles in drawing up and implementing of special policies which would permit third-country

nationals change their purpose of stay whilst remaining in Latvia. The greatest challenges faced by

developers of the immigration policy are related with cases when former or next purpose of stay of a third-

country national is fictitious by its nature (the required conditions are not fulfilled). For example, if a person

has received residence permit as investor but has not fulfilled the minimal criteria of economic activity, he or

she is not entitled to receive the next residence permit in relation to other purpose of stay. Discussions are

about the following question usually: what should be the period for setting of restrictions on changes in

purpose of stay; and, which restrictions are commensurate and which are not.

Officials in the field of migration acknowledge that the key challenge of every change in purpose of stay is the

immigrant’s ability to follow the deadline set forth in the law – to change the purpose of stay during the period

of validity of the previous residence permit.

SECTION 1: OVERVIEW OF NATIONAL MIGRATION SYSTEM IN PLACE REGARDING

CHANGES OF STATUS

i. General overview of national migration system in relation to status changes:

Latvian imigration system admits changes in purpose of stay if the third-country national resides in the

territory of Latvia with a valid residence permit, a valid residence permit issued by any Schengen country

or a valid residence permit issued by any EU Member State that confirms his or her status of the EU

permanent resident. Third-country students who have not graduated from educational institution are an

exception. Third-country students can change their purpose of stay without leaving Latvia only after

obtaining of the highest education. In some cases, changes in purpose of stay are admitted also when

third-country nationals reside in Latvia with visa, for example, educationalists, sports coaches,

professional sportsmen, researchers, persons who participate in implementation of international treaties,

representatives of creative professions, applicants for the European Union Blue card (further referred to

as the EU Blue card), or persons who have already been granted with employment right in Latvia on

basis of visa, investors (except nationals of countries with increased terrorism risk), nationals of visa-free

countries, minors, and parents of citizens and non-citizens of Latvia in pension age.



8

In some cases when changes in purpose of stay are not provided for by the Immigration Law and relevant

Regulations of the Cabinet of Ministers and changes in purpose of stay are related to national interests,

international liabilities, humane considerations, or force majeure, officials of the Office of Citizenship and

Migration Affairs may permit changes in purpose of stay whilst the third-country national remains in

Latvia.

ii. Brief overview of national debate in the Member State

The main object of discussions in case of changes in purpose of stay is as follows: usually, the third-

country national does not have sufficient remaining period of validity of the residence permit for fulfilment

of all procedures. It is particularly referable to the change of employer because the employer terminates

the labour relations often, the residence permit is being annulled and the third-country national with his

or her next employer do not manage to take all actions required for receiving of a new residence permit



9

in time. Such discussions are mainly held in relation to the annual MIPEX6 evaluation where Latvian

results are among the lowest ones in comparison to countries where situation in the field of integration

of immigrants is being analysed already. In general, there are no discussions about changes in purpose

of stay of third-country nationals in mass media and politics because the number of third-country

nationals is small in Latvia and the flexibility of policy related to changes in purpose of stay is sufficient

for not causing any social stress.

iii. Main drivers / reasons behind changes of status promoted by legislators

Before Latvia joined the European Union, changes in purpose of stay were admitted in all cases even if

the third-country national was residing in Latvia with visa. During membership negotiations, experts of

the European Union pointed out that changes in purpose of stay in the country to a person who is residing

with short-stay visa cannot be admitted; therefore, the Immigration Law which came into effect on

1 May 2003 did not provide for such possibility. During coming years, this policy has been changed

gradually both pursuant to legal acts of the European Union which admit such possibility and considering

the national situation and admitting changes in purpose of stay in cases when the lowest risk of illegal

immigration or malicious use of migration regulations can be stated.

SECTION 2: OVERVIEW OF ADMISSION CRITERIA

Q1. How does the national legislation of Latvia define the categories of third-country nationals covered by this study?

6MIPEX (Migrant Integration Policy Index) 7Pursuant to Section 25 of the Immigration Law. 9 Monthly bulletin of Latvian statistics 1(248)/2015, Riga, February 2015, page 10; Available at: http://www.csb.gov.lv/statistikas-temas/darba-samaksa-galvenie-raditaji- 30270.html. [Viewed on 07.08.2015.] 10Pursuant to Article 11 of the Regulations No 550 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means ” issued by the Cabinet of Ministers on 21 June 2010. It refers to all cases presented in the table. Amount of financial means is determined pursuant to data of the Statistical Bureau. 11Statement on criminal records (in relation to thrid-country national above age of 14) issued by a competent institution in the country of citizenship or origin if the third-country national has resided there for more than 12 month. Statement on criminal records is not required from persons who do not need visa for traveling to Latvia. It refers to all cases presented in the table. 12Pursuant to Article 28 of the Regulation No 564 “Regulations Regarding Residence Permits” issued by the Cabinet of Ministers on 21 June 2010.

Category National definition Admission criteria

Example

Provide the national definition.

EMN NCPs are asked to briefly provide the definition under their national legislation in order to clearly understand who is admitted under such category. No detailed information on legal basis are necessary.

List criteria required for the admission.

EMN NCPs are asked to provide a complete list of all criteria a third-country national has to meet in order to be admitted under this specific category.

Family

Legal acts that regulate the migration do not provide for definition of family but Latvia admits:

-Spouse of citizen or non-citizen of Latvia or spouse of third-county national that has received permanent residence permit and minor children of both spouses (including children under their custody) and persons under their

guardianship.7

Filled in an application form of definite form;

Valid travel document;

Health insurance policy;

Sufficient financial means (in amount of the minimal monthly salary - 360 EUR9)10;

Does not cause threat to public order, national security (statement on criminal records)11 and health (does not suffer from tuberculosis in active form);

Place of residence;12



10

8 Pursuant to Section 23 (4) of the Immigration Law. 13Pursuant to Article 43(38) of the Regulation No 564 “Regulations Regarding Residence Permits” issued by the Cabinet of Ministers on 21 June 2010. 14Immigration Law – Messenger, No 169, 20.11.2002 - [came into force on 01.05.2003] 15Pursuant to Section 23(10) and (19) of the Immigration Law 16Pursuant to Section 23(9) of the Immigration Law. 17Pursuant to Article 20 of Regulations Regarding Residence Permits No 564. 18 1148 EUR (Monthly bulletin of Latvian statistics 1(248)/2015, Riga, February 2015, page 10; Available at: http://www.csb.gov.lv/statistikas-temas/darba-samaksa-galvenie-raditaji- 30270.html. [Seen on 07.08.2015.] 19Pursuant to Section 1(21) of the Immigration Law.

- Spouse and minor children of both spouses (including children under their guardianship) and persons under their trusteeship of an individual merchant; board or council member, the self-employed, the EU Blue Card holder, scientist, student, an investor8..

Sponsorship of citizen or non-citizen of Latvia or by a third-country national who has received permanent residence permit which confirms the willingness to invite family members.

Documents that prove marriage/kinship.13

Education

Student of an accredited educational establishments or full-

time student.14

Exchange pupil or student or trainee in an educational establishment or a commercial company registered in the Commercial Register of Latvia.15


Valid travel document


Sufficient financial means (in amount of the minimal monthly salary - 360 EUR);

Does not cause threat to public order, nationals security (statement on criminal records) and health (does not suffer from tuberculosis in active form);

Place of residence;

Sponsorship issued by educational institution

Contract with educational institution;

Education required for commencement of studies is obtained.

Scientific activity

Legal acts that regulate the migration do not provide for definition of scientific activity; however, the Immigration Law stipulates granting of residence permit for a period of time provided for by the scientific co-operation agreement entered into between scientific institutions included in the register of scientific institutions.16




Sufficient financial means (in amount of the minimal monthly salary - 360 EUR);


Place of residence;

Sponsorship issued by scientific institution

Contract with scientific institution17

EU Blue card

Temporary residence permit issued in Latvia to a highly qualified third-country national who is employed and, for an agreed remuneration (monthly average gross salary of employed during the previous year by applying coefficient 1.518), performs specific work under the management of the employer in Latvia, as well has acquired the higher education in a study programme, the length of which in the relevant specialty or in the sector determined in the work agreement is at least three years.19




Sufficient financial means (salary in Latvia according to average monthly gross salary of employed during the previous year by applying coefficient 1.5 - 1148 EUR);


Place of residence;

Education-certifying document;

Sponsorship issued by the employer

Shall comply with definition referred to in the Immigration Law - the work to be performed conforms to the acquired speciality and the work will be performed under management of the employer.



11

20 Monthly bulletin of Latvian statistics 1(248)/2015, Riga, February 2015, page 10; Available at: http://www.csb.gov.lv/statistikas-temas/darba-samaksa-galvenie-raditaji- 30270.html. [Seen on 07.08.2015.] 21Third - country national, which is going to be employed in Latvia: - as an administrative or technical worker involved in ensuring the artists or performances (concerts) of creative or performing arts, or as a manager of a cultural institution financed from the State budget or by a local government; - as sports coach; - as professional athlete upon invitation of sports club; - at an accredited educational institution as a teacher; - as a highly-qualified foreigner with the Blue Card of the European Union; - in accordance with the laws and regulations governing the operation of special economic zones; - third country national who is: - is a pupil or a student of an educational institution and who has arrived in Latvia for field practice or in order to have in-service training in an accredited educational institution of Latvia or in a commercial company registered in the Commercial Register; - is a consultant (expert) who is providing assistance to a State or local government institution, or a person who, upon performing his or her professional duties, is assisting in implementation of such international documents (international agreements, intergovernmental agreements, interdepartmental agreements) or projects, of which Latvia is a Member State, a State institution of direct administration or a derived public person; - is employed in any other European Union Member State, state of the European Economic Area or the Swiss Confederation, and the employer appoints him or her in work for provision of services in Latvia. 22Regulations No 55 “Regulations Regarding Employment of Foreigners” issued by the Cabinet of Ministers on 28 January 2014.- The Latvian Herald, No 31, 12, 02.2014.-[came into force on 13.02.2014] 23 Labour Law.- The Latvian Herald, No 105, 06.07.2001 -[came into force on 01.06.2001.] 24Section 9 of the Immigration Law – Messenger, No 169, 20.11.2002 - [came into force on 01.05.2003]

Highly qualified workers

Latvian legal acts do not define a highly qualified third - country national; however, the Eurostat statistics about first time residence permits issued in Latvia in relation to employment distinguishes the category of highly qualified third-country nationals which includes such third-country nationals who do not qualify for receiving of the European Union Blue card but have the higher education (Level 5 - 6 in the ISCED) and they work in profession, in which this education has been acquired.

Filled in an application of definite form;



Sufficient financial means (salary in Latvia according to average monthly gross salary of employed during the previous year – 765 EUR20–);


Place of residence;

Sponsorship issued by employer;

Has correspondent education;

Labour market test (with exceptions21)22

Employee

A natural person who, on the basis of an employment contract for an agreed work remuneration, performs specific work under the guidance of an employer.2324

Filled in an application of definite form;



Sufficient financial means (salary in Latvia according to average monthly gross salary of employed during the previous year – 765 EUR25);


Place of residence;

Sponsorship issued by employer

Has a correspondent qualification (education or 3 year experience in the profession)



12

26Third - country national, which is going to be employed in Latvia: - as a creative artist or performing artist, or as an administrative or technical worker involved in ensuring of the performances (concerts) or as a manager in a cultural institution funded by the State or municipality; - as sports coach; - as professional sportsman upon invitation of sports club; - as educationalist in accreditated educational institution; - as highly qualified third country national with blue card of the European Union; - pursuant to legal acts that regulate operations of special economic areas; - third - country national who is: - pupil or student of an educational institution and has arrived in Latvia for study practice or traineeship in an accreditated educational institution or an association registered in the commercial register of Latvia; - consultant (expert) who provides assitance to a government or local goverenment institution or person who, by effectuating his/her professional duties, helps to implement an international document (international treaty, intergovernmental contract, interagency agreement) or a project that is participated by Latvia, an institution of direct State administration or a derived public person; - employed in any other Memeber State of the European Union, member state of the European Economic Area or in the Swiss Confederation; and, the employer appoints him or her to work in providing of services in Latvia. 27Regulations No 55 “Regulations Regarding Employment of Foreigners” issued by the Cabinet of Ministers on 28 January 2014.- The Latvian Herald, No 31, 12, 02.2014.-[came into force on 13.02.2014] 28When a contract for work performance with a third-country national is being concluded as witha natural person, he/she mustregister at the State Revenue Service as a tax-payer. 29Law on the Regulated Professions and the Recognition of Professional Qualifications.- The Latvian Herald, No 105, 06.07.2001-[came into force on 20.07.2001] 30Pursuant to Article 45 of the Cabinet of Ministers Regulation No 564 “Regulations Regarding Residence Permits” of 21 June 2010.- The Latvian Herald, No 101, 29.06.2010- [came into force on 01.07.2010] 31Pursuant to Article 46 of the Cabinet of Ministers Regulation No 564 “Regulations Regarding Residence Permits”.

Labour market test (with exceptions26)2728

Self-employed

A person who earns employment income independently, without entering into contractual employment relations with an employer, and does not occupy a position that gives the right to remuneration29 (this category does not include individual merchants).

Filled in application of definite form;



Sufficient financial means (income from commercial activity according to double average monthly gross salary of employed during the previous year – 1530 EUR);


Place of residence;

Business plan for the planned period of activity examined by a certified auditor;

Documents confirming that he or she has sufficient personal financial means for commencement of activities specified in the business plan;

Permit (licence, certificate) in case of performing work execution of which requires a permit;

Business plan examined by a certified auditor if the previous business plan has been fulfilled (starting the second year of operation);30

In addition, the Office of Citizenship and Migration Affairs examines information about entering the register of tax-payers (in the first year of operation)31

Business owner

The legislation of Latvia does not provide definition of an immigrant–business owner. The Immigration Law and the Residence Permit Regulations subordinated to the Law provide for criteria for receiving of residence permit that have to be met by an individual merchant registered in the commercial register, by a member of the board of directors of an association, for example, limited liability company, or by a shareholder of an association.




Sufficient financial means (income from commercial activity according to double average monthly gross salary of employed during the previous year – 1530 EUR);




13

32Pursuant to Article 44 of Regulations Regarding Residence Permits No 564. 33Pursuant to Article 46 of the Cabinet of Ministers Regulation No 564 “Regulations Regarding Residence Permits”. 34Pursuant to Section 23(1)3) of the Immigration Law.

Place of residence

If a third-country national applied for residence permit as an individual merchant registered in the Commercial Register, he or she shall submit:

business plan for the planned period of activity examined by a certified auditor;

documents confirming that he or she has sufficient personal financial means for commencement of activities specified in the business plan;

permit (licence, certificate) in case of performing work execution of which requires a permit;

business plan examined by a certified auditor if the previous business plan has been fulfilled (starting the second year of operation);32

In addition, the Office of Citizenship and Migration Affairs examines information about entering into the register of tax-payers (in the first year of operation)33

If a third-country national applies for residence permit as a member of the board of directors or the council in a limited liability company registered in the commercial register (the association must be registered in the commercial register for one year at least), the equity capital of such company shall compose not less than EUR 2800; 34and, summons is required if the member of the board of directors in an association is not the only person who has been granted the right to sign.

Seasonal worker

Not defined in national legal acts; admission criteria are equivalent to the ones set for employment.




Sufficient financial means (salary according to average monthly gross salary of employed during the previous year – 765 EUR35);


Place of residence;

Sponsorship issued by employer

Correspondent qualification (education or 3 year experience)

Labour market test.

Intra-corporate transferee

Not defined in national legal acts; admission criteria are equivalent to the ones set for employment except application of labour market test.




Sufficient financial means (salary according to average monthly gross salary of employed during the previous year – 765 EUR36)


Place of residence;

Correspondent qualification (education or 3 year experience)



14

37Immigration Law – Messenger, No 169, 20.11.2002 - [came into force on 01.05.2003] 38Pursuant to Article 11.3 of the Regulations No 550 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means ” issued by the Cabinet of Ministers on 21 June 2010.

Sponsorship issued by employer;

Labour market test shall not be applied.

Investor

The legislation of Latvia does not provide definition of an immigrant-investor. However, pursuant to stipulations of the Immigration Law 37, in context of the Focussed Study, an immigrant investor is a person:

1) Who has made an investment in equity capital of association by increasing it or by establishing a new association.

2) Who as purchased real estate in Latvia and owns one or several real estates in Latvia,

3) Who has subordinate liabilities with a credit institution in Latvia;

4) Who has purchased interest free government securities defined for a special purpose.




Sufficient financial means;


Place of residence

a third-country national is entitled to apply for residence permit if he or she has made an investment in equity capital of association by increasing it or has made an investment in equity capital of association by establishing a new association if the investment composes at least: - 35,000 EUR and it is made into an association

which employs 50 people maximum, the annual turnover or the annual balance sheet of which does not exceed 10 million EUR, and which makes tax payments to the State budget or local government budget in amount that is not less than 40,000 EUR in one business year. When making an investment into equity capital of one association, the temporary residence permit can be required by three foreigners maximum.

- 150,000 EUR and it is made into an association which employs more than 50 people and the annual turnover or the annual balance sheet of which exceeds 10 million EUR;

- Sufficient financial means (in amount of triple minimal monthly salary - 1080 EUR, but if wants to be employed, the salary shall not be less than the average salary of the previous year - 765 EUR)38.

a third-country national is entitled to apply for residence permit if he or she has purchased and he or she owns one functionally related real estate with buildings in Latvia and the value of such real estate composes at least 250,000 EUR if the following conditions are present at the same time:

he or she does not have and has never had debts related to real estate tax payments (the applicant shall submit documents confirming that he or she has no tax debts);

payment for the total real estate value is made by clearing (a respective justifying document shall be submitted);

the real estate is purchased from a legal person that is registered in Latvia or in any Member State of the European Union, or in any country of the European Economic Area, or in the Swiss Confederation and that is a tax payer in Latvia under legal acts regulating tax policy in Latvia; or, from a natural person who is a citizen of Latvia, a non-citizen of Latvia, a citizen of the European Union, or a third-country national who resides in Latvia on bases of a valid residence permit issued in Latvia.



15

39Pursuant to Article 11.5 of the Regulations No 550 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means ” issued by the Cabinet of Ministers on 21 June 2010. 40Pursuant to Article 49 of Regulations Regarding Residence Permits No 564. 41The Cabinet of Ministers is entitled to decide about suspension of emission of interest free governmental securities defined for a special purpose for a definite period if pursuant to report of the Minister of Finance, at the end of year it endangers the amount of maximal State debt set forth in the annual State budget law. 42Pursuant to Section 23(10)28), 23(10)29), 23(10)30) and 23(10)31) of the Immigration Law. 43Section 11(2) of the Immigration Law. 44Pursuant to Article 5.1 of the Regulations No 550 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means ” issued by the Cabinet of Ministers on 21 June 2010.

On the day of purchase of the real estate, its cadastral value is not less than 80,000 EUR. If the cadastral value is less than the one referred to above, the value of the real estate shall not be less than 250,000 EUR pursuant to the real estate market value established by a certified real estate evaluator;

when applying for first time temporary residence permit, he or she pays to the State budget five percent of the real estate value;

the real estate does not contain agricultural land or forest land;

Sufficient financial means (in amount of triple minimal monthly salary- 1080 EUR39).

a third-country national is entitled to apply for residence permit if he or she has subordinate liabilities with a credit institution in Latvia which are not less than 280,000 EUR ; and, the period of deal concluded with this credit institution is five years at least; and, by applying for first time temporary residence permit, he or she pays to the State budget 25,000 EUR; additionally, he or she shall submit a document issued by credit institution that confirms the subordinate liabilities of the third-country national with the credit institution40;

sufficient financial means (in amount of the minimal monthly salary - 360 EUR);

a third-country national is entitled to apply for residence permit if, pursuant to legal acts regulating emitting of government securities, he or she purchases interest free government securities defined for a specific purpose for nominal value 250,000 EUR and pays to the State budget 25,000 EUR41 42;

sufficient financial means (in amount of the minimal monthly salary - 360 EUR);

Long-stay visa holder

Latvian legal acts do not contain a definition.

Residence period in Latvia set forth in long-stay visa may exceed 90 days in period of 180 days counting from the first day of entry if it complies with international legal norms and the State interests of Latvia or is related to force majeure, considerations of humanitarian nature or significant private or professional reasons.43


Health insurance policy

Sufficient financial means44

Place of residence

Documents that confirm the purpose of stay or sponsorship of the inviting party.

Asylum seeker Third-country national or stateless person who has submitted an application for granting of refugee or

To apply for international protection, a third-country national or a stateless person who is willing to receive refugee or



16

SECTION 3: NATIONAL LEGAL FRAMEWORK ON CHANGE OF STATUS WHILST

REMAINING ON THE TERRITORY OF LATVIA

Section 3.1: Legal possibilities to changes status from within Latvia

45Pursuant Section 6 of the Asylum Law. 46In territorial structural unit of the State Border Guard if the person is located in Latvia. 47Pursuant Section 6 of the Asylum Law. 48 Social Services and Social Assistance Law.- The Latvian Herald, No 168, 19.11.2002-[came into force on 01.01.2003] 49Pursuant to Article 33 of Regulations Regarding Residence Permits No 564.

alternative status in Latvia until the day on which the final decision on his or her application has come into effect and become irrevocable.45

alternative status and is not asking for other type of protection unmistakably, for which a separate application can be submitted, submits an application for granting of refugee or alternative status to the State Border Guard46 in person.47

Victim of trafficking Person who has been acknowledged as a victim of criminal offence related to trafficking in human beings or to whom the State Police has issued a statement that he or she has suffered from trafficking in human beings abroad and person who has been acknowledged by provider of social services as a person who corresponds to criteria of victim of human trafficking48.


If a third-country national has been recognised as a victim of trafficking in human beings under procedures set forth in legal acts, State authority that is competent in applying for residence permit presents a valid his or her traveling document and submits a filled-in inquiry form and decision on recognizing of a third-country national as a victim of trafficking in human being taken by a competent institution along with opinion about necessity to receive residence permit.49



17

Q2a. Does Latvia allow third-country nationals holding any of the immigration status within the scope of this study to change into any of the other ones whilst remaining on the territory of Latvia? EMN NCPs are asked to fill in the table by using one of the options provided in each cell (Yes/No).

Into

From

Family Education Research Blue cards Highly

qualified

worker

Employee Self-

employed

Business

owner

Seasonal

worker

ICT Investor D-type

visa

holder

Asylum Victim of

trafficking

Family Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Education50 NoNo No No No No No No No No No Yes Yes Yes

Research Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Blue card Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Highly

qualified

worker

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Employee Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Self-

employed


Business

owner


Seasonal

worker


ICT Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Investor Yes Yes Yes Yes Yes Yes Yes Yes Yes YesYes Yes Yes Yes

D-type visa

holder51

NoNo No Yes Yes No No No Yes No No Yes Yes Yes

50Pursuant to Section 32(4) of the Immigration Law, pupils of educational institutions and students during the term of validity of their residence permits are not entitled to request from the Office of Citizenship and Migration Affaris a residence permit in relation to some other reason of stay. This provision shall not apply to third-country nationals who have acquired the higher education in Latvia and to whom a residence permit has been issued for acquiring such education. 51Where the answer is “no”, in some cases, when changes in purpose of stay are not provided for by the Immigration Law and Regulations of the Cabinet of Ministers subordinated hereto and changes in purpose of stay relate the State interests, international liabilities, reasons of a humanitarian nature or force majeure, officials of the Office of Citizenship and Migration Affairs (by performing individual evaluation of each case) may permit changes in purpose of stay whilst the third-country national remains in Latvia.



18

Into

From


qualified

worker

Employee Self-

employed

Business

owner

Seasonal

worker

ICT Investor D-type

visa

holder

Asylum Victim of

trafficking

Asylum Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Victim of

trafficking


Other (please

specify)

Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Choose:



19

Q2b. If changes of status without leaving the territory of Latvia are allowed (Q2a), EMN NCPs are asked to fill in the table below by adding the requested information for each possible switch (and add as many rows as possible switches.).

From Into Legal basis Policy / practice if no legal basis

Do criteria to switch differ from first time applicant?

Criteria for switch (if different from first time applicant)

Quota limitations

Example

List of category(ies) into which a TCN switches

Law, Decree, etc.

Policy document.

Yes / No List of criteria required for the switch(es) only if they differ from those listed in Section 1

Yes / No If Yes, please report the threshold

Self-employed

Any other purpose of stay52

Article 4.2 of Residence Permit Regulation No 564.

- Yes Shall not submit statement on criminal records;

Shall not fill in the application unless the information specified herein has not changed;

If the place of residence does not change, information about the place of residence shall not be provided;

Submits documents confirming that during the previous year, the third-country self-employed has performed payments of taxes and fees set forth in legal acts of Latvia in amount of 9960 EUR minimum;

Documents that prove the new purpose of stay.

No

Any other purpose of stay53

Any other purpose of stay

Article 4.2 of Residence Permit Regulation No 564.


Shall not fill in the application unless the information specified herein has not changed54;

If the place of residence does not

No.

52Except changes in the purpose of stay of investor - in such cases, submission of inquiry form is always mandatory. 53Pursuant to Section 32(4) of the Immigration Law, pupils of educational institutions and students during the term of validity of their residence permits are not entitled to request from the Office of Citizenship and Migration Affaris a residence permit in relation to another reason for stay. This provision shall not apply to third-country nationals who have acquired the higher education in Latvia and to whom a residence permit has been issued for acquiring such education. 54Except changes in the purpose of stay of investor - in such cases, submission of inquiry form is always mandatory.



20




Quota limitations

change, information about the place of residence shall not be provided;


Business owner


Residence Permit Regulation No 564


The application shall not be filled in;


Individual merchant submits documents confirming that during the previous year, he or she has performed payments of taxes and fees set forth in legal acts of the Republic of Latvia in amount of 14,230 EUR

minimum.55

Third-country national56submits documents confirming that during the previous year, the association has performed payments of taxes and fees set forth in legal acts in amount of 21350 EUR minimum;

Third-country national57submits documents confirming that

No

55Article 66 of Regulations Regarding Residence Permits No 564. 56Third-country national who has received temporary residence permit and is registered in the commercial register as a member of the board of directors or council, a procurator, an administraotr, a liquidator or a member of partnership with right to represent the partnership, or a person authorized to represent a merchant (a foreign merchant) in activities related to branch office. 57A third-country national who has received temporary residence permit as a shareholder of an association who has made an investment in the equity capital of the association by increasing it or has made an investment in the equity capital of the association by establishing a new association if the investment composes at least: 35,000 EUR and it is made into an association which employs 50 people maximum, the annual tunover or the annual balance sheet of which does not exceed 10 million EUR, and which makes tax payments to the State budget or local government budget in amount that is not less than EUR 40 000 in one business year. When making an investment into the equity capital of one association, the temporary residence permit can be required by three third-country nationals maximum.



21




Quota limitations

during the previous year, the enterprise has performed payments of taxes set forth in legal acts of the Republic of Latvia in amount of

40000 EUR minimum;



Family Shall not submit statement on criminal records;

The application shall not be filled in;


Copies of documents that prove the kinship shall be submitted.

No


Asylum seeker Asylum Law - No - No



22

Q2c. If any of the change of status provided in the tables above alters the level of rights of the third-country national concerned (enhanced or reduced), please fill in the table below, providing a short overview/ analysis of the specific situation in Latvia. If rights enjoyed are not subject to changes, EMN NCPs are simply asked to enter “no change”.

From Into Employment Social security58

Education59 Duration of stay

Legal assistance

Mobility Family reunification60

Political rights61

Other

Example62 Example Please choose

one as follows:

No change

Enhanced rights:

specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced rights:

specify

Reduced rights:

specify

Please choose one

as follows:

No change

Enhanced rights:

specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced rights:

specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced rights:

specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced rights:

specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced

rights: specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify.

Highly qualified

worker,

employee, self-

employed, intra-

corporate

transferee,

seasonal worker.

Family Enhanced right:

right to

unrestricted

employment.

Enhanced right:

Right to receive

support in case of

unemployment

(for spouses63).

No change

Enhanced right:

Highly qualified

employee

receives permit

for the

employment

period but in

case of the

family

reunification -

spouse and

child of the

spouse of a

citizen or a non-

citizen of Latvia,

No change

No change

No change

No change:

without political

right

58Scope of social rights is related to the type of temporary residence permissions and not to ther reson of stay. If a third-country national has temporary residence permit and he/she does not work, he/she has a restricted access to services included in the social system. 59Third-country nationals with valid residence permit in Latvia are entitled for free primary and secondary education provided by the State. 60Pursuant Section 23(4) of the Immigration Law, the spouse of a foreigner, minor children (also those under guardianship) and persons under trusteeship of the thid country national or his/her spouse have the right to request a temporary residence permit for the duration of the temporary residence permit issued to the third country national. 61 Third-country nationals who have received residence permits in Latvia do not have the right to vote, to be elected, to join political parties and to build political parties. Third-country nationals with residence permits are entitled to build non-governmental organisations and participate in operation of already existing non-governmental organisations. 63 Spouses of a citizen or a non-citizen of Latvia, of a person with permanent residence permit in Latvia, of a beneficiary of alternative status, or an owner of status of the EU permanent resident.



23

of a third-

country national

with permanent

residence

permit in Latvia -

for one year and

afterwards - for

four years while

minor child of a

citizen or a non-

citizen of Latvia,

of a third-

country national

with permanent

residence

permit in Latvia -

permanent

residence

permit.

Business owner

Investor

Family No change

Enhanced right:

right to receive

support in case of

unemployment

(for spouses).

No change

No change

No change

No change

No change

No change:

without political

right

Education,

Research, EU

Blue card holder


right to

unrestricted

employment.

Enhanced right:

right to receive

support in case of

unemployment

(for spouses).

No change

Enhanced right:

Student (pupil)

and researcher

receives permit

for the period of

studying or

scientific

cooperation but

in case of the

family

reunification -

spouse of a

citizen or a non-

No change

Reduced right:

no right to

mobility to other

Member State of

the European

Union.

No change

No change:

without political

right



24

citizen of Latvia,

of a third-

country national

with permanent

residence

permit in Latvia -

for one year and

afterwards - for

four years while

minor child of a

citizen or a non-

citizen of Latvia,

of a third-

country national

with permanent

residence

permit in Latvia -

permanent

residence

permit.

D-type visa

holderD-type

visa holder


right to

unrestricted

employment.

Enhanced right:

right to receive

support in case of

unemployment

(for spouses).

No change

Enhanced right:

D-type visa can

be issued for

period that does

not exceed one

year but in case

of the family

reunification -

spouse of a

citizen or a non-

citizen of Latvia,

of a third-

country national

with permanent

residence

permit in Latvia -

for one year and

afterwards - for

four years while

minor child of a

No change

No change

Enhanced right:

more extensive

right to family

reunification

No change:

without political

right



25

citizen or a non-

citizen of Latvia,

of a third-

country national

with permanent

residence

permit in Latvia -

permanent

residence

permit.

Asylum64


right to

unrestricted

employment.

Reduced right: no

right to receive

more extensive

health care

services and

social assistance

No change Enhanced right:

in case of the

family

reunification -

spouse of a

citizen or a non-

citizen of Latvia,

of a third-

country national

with permanent

residence

permit in Latvia

receives

temporary

residence

permit for one

year and

afterwards - for

four years while

minor child of a

citizen or a non-

citizen of Latvia,

of a third-

country national

with permanent

Reduced right:

no right to

receive legal

assistance

funded by the

State

No change

Enhanced right:

right to family

reunification.

No change:

without political

right

64 The asylum seeker is entitled to unrestricted employment if the asylum seeker has not received decision of the Office of Citizenship and Migration Affairs about granting of refugee or alternative status or refusal to grant such status in nine month after submission of application for granting of refugee or alternative status and it has not been caused by his/her fault.



26

residence

permit in Latvia -

permanent

residence

permit.

Family

Education,

research, EU Bue

card holder

Reduced right:

student has the

employment right

for 20 hours per

week.

Reduced right

No right to

receive support in

case of

unemployment.

No change Reduced right:

the stay is

limited by length

of studies,

research or

employment. No

right to apply for

permanent

residence

permit after 5

years of study.


right to mobility in

the EU Member

states as

student,

researcher or EU

Blue card holder.

No change No change:

without political

right

Research

Education Reduced right:

right to work for 20

hours per week.

Enhanced right:

right to be

employed by any

employer.

No change. No change. Reduced right:

No right to apply

for permanent

residence

permit after 5

years of study.

No change. No change. No change.

No change:

without political

right

EU Blue card


right to be

employed for 20

hours per week

only.

No change No change Reduced right:

No right to apply

for permanent

residence

permit after 5

years of study.

No change. No change Reduced right:

family members

do not have free

and unrestricted

access to labour

market

No change:

without political

right

Highly qualified

worker,

employee, self-

employed,

seasonal worker,


right to work for 20

hours per week.

Enhanced right:

right to be


No right to apply

for permanent

residence

permit after 5

years of study.

No change. Enhanced right:


the EU Member

states as student

No change. No change:

without political

right



27

intra-corporate

transferee

employed by any

employer.

Business owner,

investor


right to be

employed for 20

hours per week

only.


No right to apply

for permanent

residence

permit after 5

years of study.



the EU Member

states as student

Reduced right:

family members

do not have right

to employment.

No change:

without political

right

D-type visa

holderD-type visa

holder

Education Enhanced right:

right to be

employed for 20

hours per week

only.

No change No change Enhanced right:

right to reside for

period of

studying (D-type

visa can be

issued for period

that does not

exceed one

year)



the EU Member

states as student

Enhanced right:

right to invite

family members

No change:

without political

right

Asylum65

Education,

research

Reduced right: No

more unrestricted

access to the

labour market

(related to period

from 9 month after

submission of the

asylum

application). See

reference No 65).

Students are

permitted to work

for any employer

for 20 hours per

week only and not

Reduced right: no

right to receive

more extensive

health care

services and

social assistance.


the permit is

being issued for

period of

studying or

scientific

cooperation.

Reduced right:

no right to

received legal

assistance

funded by the

State

Enhanced right:


the EU Member

states as student

Enhanced right:

right to invite

family members

No change:

without political

right

65 The asylum seeker is entitled to unrestricted employment if the asylum seeker has not received decision of the Office of Citizenship and Migration Affairs about granting of refugee or alternative status or refusal to grant such status in nine month after submission of application for granting of refugee or alternative status and it has not been caused by his/her fault.



28

for normal working

hours.

Victim of

trafficking

Education,

research, EU Blue

card

Reduced right:

there is no more

unrestricted

access to the

labour market,

students may be

employed by any

employer for 20

hours per week

only and not for

normal working

hours.

Reduced right: no

right to receive

health care

services and

social assistance.


no right to

receive legal

assistance

funded by the

State.

Enhanced right:


the EU Member

states as

student,

researcher or EU

Blue card holder.

Enhanced right:

right to invite

family members.

No changes:

without political

right.

Education

Research Reduced right:

there is no more

unrestricted

access to the

labour market.

Enhanced right:

can work (engage

in research)

normal working

hours.

No change. No change. Enhanced right:

right to apply for

permanent

residence

permit after five

year residence

with a temporary

residence

permit.

No change. No change. No change. No changes:

without political

right.

EU Blue card

Research No changes: No change. No change.

Reduced right:

when research

is terminated,

the residence

permit will be

annulled.


family members

do not have

unrestricted

access to the

labour market any

more.

No change:

without political

right

Highly qualified

worker,

employee, self-

employed,

seasonal worker,

Research No change No change No change

No change No change Enhanced right -


the EU Member


without political

right



29

intra-corporate

transferee

states as

researcher.

Business owner,

investor

Research No change No change No change



the EU Member

states as

researcher.

Reduced right:

family members

do not have

unrestricted

access to the

labour market any

more.

No change:

without political

right

D-type visa

holderD-type visa

holder

Research Enhanced right:

right to engage in

research


right to reside for

period of

scientific

cooperation (D-

type visa can be

issued for period

that does not

exceed one

year)



the EU Member

states as

researcher.

Enhanced right:

right to invite

family members

No change:

without political

right

Education

EU Blue card Reduced right:

there is no more

unrestricted

access to the

labour market

(students may be

employed by any

employer for 20

hours per week

only and not for

normal working

hours).

Extended right:

Right to work

normal working

time

Enhanced right:

EU Blue card

holders may

receive support in

case of

unemployment


right to apply for

permanent

residence

permit after five

year residence

with a temporary

residence

permit. In case

of

unemployment,

the residence

permit remains

valid if the

period of

unemployment

does not exceed

three month.


family members

have right to

unrestricted

access to labour

market.

No change:

without political

right



30

Research

EU Blue card No change Enhanced right:

EU Blue card

holders may

receive support in

case of

unemployment


In case of

unemployment,

the residence

permit remains

valid if the

period of

unemployment

does not exceed

three month.


family members

have right to

unrestricted

access to labour

market.

No change:

without political

right

Highly qualified

worker,

employee, self-

employed,

seasonal worker,

intra-corporate

transferee

EU Blue card No change Enhanced right:

EU Blue card

holders may

receive support in

case of

unemployment


In case of

unemployment,

the residence

permit remains

valid if the

period of

unemployment

does not exceed

three month.



the EU Member

states.

Enhanced right:

family members

have right to

unrestricted

access to labour

market.

No change:

without political

right

Business owner,

investor

EU Blue card Reduced right:

there is no more

unrestricted

access to the

labour market.

Enhanced right:

EU Blue card

holders may

receive support in

case of

unemployment


Residence

permit remains

valid in case of

unemployment if

its period does

not exceed three

month.

No change Enhanced right

to mobility in the

EU Member

states.

No change No changes:

without political

right.

D-type visa

holderD-type visa

holder

EU Blue card Enhanced right:

right to be

employed by any

employer.

Enhanced right:

EU Blue card

holders may

receive support in

case of

unemployment.


Right to reside

shall be granted

for employment

period and the

permit shall

remain valid in

case of



the EU Member

states.

Enhanced right:

right to invite

family members

and they have

right to

unrestricted

access to labour

market.

No changes:

without political

right.



31

unemployment if

the period of

unemployment

does not exceed

three month.

Right to apply

for permanent

residence

permit after five

year residence

with a temporary

residence

permit.

Family

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee

Reduced right:

there is no more

unrestricted

access to the

labour market.

Reduced right: no

right to support in

case of

unemployment.


the right to

reside is granted

for the period of

employment.

No change No change No change No changes:

without political

right.

Education66

Highly qualified

worker, employee,

seasonal worker,

intra-corporate

transferee

Reduced right:

there is no more

unrestricted

access to the

labour market

(students may be

employed by any

employer for 20

hours per week

only and not for


right to apply for

permanent

residence

permit after five

year residence

with status of

employed or

self-employed

person. Half of

studies period

shall be included

in the total


there is no more


the EU Member

states.


without political

right

66The status can be changed if the studies are completed (the higher education is obtained) or upon decision taken by an official of the Office of Citizenship and Migration Affairs.



32

normal working

hours).

Enhanced right:

Right to work

normal working

time

residence

period67.

Research

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee

No change No change No change


there is no more


the EU Member

states.


without political

right

EU Blue card

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee

No change Reduced right: no

right to receive

support in case of

unemployment

because the legal

basis for residing

in Latvia has

ceased.


no right to

maintain

residence

permit in case of

unemployment.


there is no more


the EU Member

states.

Reduced right:

family members

do not have

unrestricted

access to the

labour market.

No change:

without political

right

Highly qualified

worker,

employee, self-

employed,

seasonal worker,

intra-corporate

transferee68

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee


No change No change No change No change No change:

without political

right

67For example, if the person has studied for 8 years, by changing the status after one year, the person may apply for permanent residence permit. 68Persons may change the purpose of stay to any other purpose of stay listed in the column (except the current one). For example, highly qualified worker may change the status to employee, self-employed, seasonal worker or intra-corporate transferee.



33

Business owner,

investor

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee

Reduced right:

there is no

unrestricted

access to the

labour market.

No change No change No change No change No change

Reduced right:

family members

do not have

unrestricted

access to the

labour market.

No change:

without political

right

D-type visa

holderD-type visa

holder 69

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee

Enhanced right:

right to be

employed by a

definite employer.


right to reside for

period of

employment or

period of

operation of self-

employed (D-

type visa can be

issued for period

that does not

exceed one

year)


right to invite

family members

No change:

without political

right

Asylum70

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee

Reduced right: No

more unrestricted

access to the

labour market

(refers to period

from 9 month after

submission of the

asylum

application).

See reference

No 70).

Reduced right: no

right to more

extensive social

assistance,

support in case of

unemployment.


residence

permit for a

definite period is

being issued.

Reduced right:

no right to

receive legal aid

ensured by the

State


right to invite

family members.

No changes:

without political

right

69 In some cases, when changes in the purpose of stay are not provided for by the Immigration Law and Regulations of the Cabinet of Ministers subordinated hereto and changes in the purpose of stay relate the State interests, international liabilities, reasons of a humanitarian nature or force majeure, officials of the Office of Citizenship and Migration Affairs (by performing individual evaluation of each case) may permit changes in the purpose of stay whilst the third-country national remains in Latvia. 70 The asylum seeker is entitled to unrestricted employment if the asylum seeker has not received decision of the Office of Citizenship and Migration Affairs about granting of refugee or alternative status or refusal to grant such status in nine month after submission of application for granting of refugee or alternative status and it has not been caused by his or her fault.



34

Victim of

trafficking

Highly qualified

worker, employee,

self-employed,

seasonal worker,

intra-corporate

transferee

Reduced right:

there is no

unrestricted

access to the

labour market.

Reduced right: no

right to social

assistance,

support in case of

unemployment.


no right to

receive legal aid

ensured by the

State.


right to invite

family members

No change:

without political

right

Family

Business owner,

investor


right to social

assistance,

support in case of

unemployment.

No change No change No change No change


without political

right

Education,

Research

Business owner,

investor

Enhanced right:

unrestricted

access to labour

market and may

work for normal

working hours (if

the previous status

was education).

No change No change No change No change Reduced right:

there is no more


the EU Member

states.

Enhanced right:

family members

have unrestricted

access to labour

market.

No change:

without political

right

EU Bue card

Business owner,

investor

Enhanced right:

unrestricted

access to labour

market.

Reduced right: no

right to support in

case of

unemployment.

No change No change No change Reduced right:

there is no right

to mobility in the

EU Member

states.


without political

right

Highly qualified

worker,

employee,

employed, self-

employed,

seasonal worker,

intra-corporate

transferee

Business owner,

investor

Enhanced right:

unrestricted

access to labour

market.

No change No change No change No change No change

Enhanced right:

family members

have unrestricted

access to labour

market.

No change:

without political

right



35

D-type visa

holderD-type visa

holder.71

Business owner,

investor

Enhanced right:

unrestricted

access to labour

market.


residence

permit for period

of up to 5 years

(validity period

of D-type visa

does not extend

one year)


right to invite

family members

which receive

unrestricted

access to labour

market.

No change:

without political

right

Asylum

Business owner,

investor

Enhanced right:

right to

unrestricted

employment

(refers to period

up to 9 month after

submission of

asylum

application).

Reduced right: no

right to social

assistance sand

health care.


terminated

resistance

permit is being

issued.

Reduced right:

no right to

receive legal aid

ensured by the

State


right to invite

family members

which receive

unrestricted

access to labour

market.

No change:

without political

right

Victim of

trafficking

Business owner,

investor


right to social

assistance.


the right to

reside is granted

for period of up

to five years;

after expiration

of this period the

person is

entitled to apply

for permanent

residence

permit.


right to invite

family members

which receive

unrestricted

access to labour

market.

No change:

without political

right

71In some cases, when changes in the purpose of stay are not provided for by the Immigration Law and Regulations of the Cabinet of Ministers subordinated hereto and changes in the purpose of stay relate the State interests, international liabilities, reasons of a humanitarian nature or force majeure, officials of the Office of Citizenship and Migration Affairs (by performing individual evaluation of each case) may permit changes in the purpose of stay whilst the third-country national remains in Latvia.



36

Family

D-type visa holder. Reduced right: no

right to

employment.

Reduced right: no

right to social

assistance,

support in case of

unemployment.


D-type visa can

be granted for

period that does

not exceed one

year, there is no

right to ask for

permanent

residence right

No change No change Reduced right: no

right to invite

family members.

No change:

without political

right

Education,

Research


right to

employment.


D-type visa can

be granted for

period that does

not exceed one

year


there is no more


the EU Member

states.

Reduced right: no

right to invite

family members.

No change:

without political

right

EU Blue card


right to

employment.

Reduced right: no

right to social

assistance,

support in case of

unemployment.


D-type visa can

be granted for

period that does

not exceed one

year


there is no more


the EU Member

states.

Reduced right: no

right to invite

family members.

No change:

without

political right

Highly qualified

worker,

employee, self-

employed,

business owner,

seasonal worker,

intra-corporate

transferee,

investor

D-type visa holder Reduced right: no

right to

employment.


D-type visa can

be granted for

period that does

not exceed one

year

No change No change Reduced right: no

right to invite

family members.

No changes:

without

political right

Asylum


right to

employment

(refers to period

up to 9 month after

Reduced right: no

right to social

assistance.


in case of

rejection of

asylum

application,


No changes:

without political

right



37

submission of

asylum

application).

possibility to

stay in Latvia

legally.

Victim of

trafficking


right to

employment.

Reduced right: no

right to social

assistance.


no right to

receive legal aid

ensured by the

State.


right to invite

family members.

No change:

without

political right

Family

Asylum Reduced right: no

right to

unrestricted

employment

(refers to period

up to 9 month after

submission of

asylum

application).

Reduced right:

more extended

right to social

assistance sand

health care.

No change No change: if

asylum seeker

has valid

residence

permit, he or she

may keep it

during reviewing

of the asylum

application.72

Enhanced right:

If asylum seeker

does not have

sufficient

resources, he or

she is entitled to

receive legal aid

ensured by the

State73 under

procedure set

forth in the State

Ensured Legal

Aid Law74.

No changes: No change.

No change:

without

political right

Education,

research, EU

Blue card


right to

employment

(refers to period

up to 9 month after

submission of

Reduced right:

more extended

right to social

assistance sand

health care.

No change. No change: if

asylum seeker

has valid

residence

permit, he/she

may keep it

during reviewing

Enhanced right:

If asylum seeker

does not have

sufficient

resources,

he/she is entitled

to receive legal

aid ensured by

the State75 in

Reduced right:

there is no right

to mobility.

Reduced right: no

right to invite

family members.

No change:

without political

right

72Asylum Law. The Latvian Herald, No 100, 30.06.2009.-[came into force 14.07.2009] 73Asylum Law. The Latvian Herald, No 100, 30.06.2009 [came into force 14.07.2009 ] 74State Ensured Legal Aid Law, The Latvian Herald, No 52, 01.04.2005.-[came into force on 01.06.2005] 75Asylum Law. The Latvian Herald, No 100, 30.06.2009.-[came into force 14.07.2009]



38

asylum

application).

Enhanced right:

Has unrestricted

access to the

labour market

(related to period

from 9 month after

submission of the

asylum application

in comparison to

students - for

normal working

hours).

of the asylum

application.

amount and

under procedure

set forth in the

State Ensured

Legal Aid Law76.

Highly qualified

worker,

employee, self-

employed,

seasonal worker,

intra-corporate

transferee,

business owner,

investor


right to

unrestricted

employment

(refers to period

up to 9 month after

submission of

asylum

application).

Enhanced right:

Has unrestricted

access to the

labour market

(related to period

from 9 month after

submission of the

asylum

application).

Enhanced right:

right to social

assistance and

health care

No change. No change: if

asylum seeker

has valid

residence

permit, he or she

may keep it

during reviewing

of the asylum

application.

Enhanced right:

If asylum seeker

does not have

sufficient

resources, he or

she is entitled to

receive legal aid

ensured by the

State77 in amount

and under

procedure set

forth in the State

Ensured Legal

Aid Law78.

No change. Reduced right: no

right to invite

family members.

No change:

without

political

right

76State Ensured Legal Aid Law The Latvian Herald, No 52, 01.04.2005.-[came into force on 01.06.2005] 77Asylum Law. The Latvian Herald, No 100, 30.06.2009.-[came into force 14.07.2009] 78State Ensured Legal Aid Law The Latvian Herald, No 52, 01.04.2005.-[came into force on 01.06.2005]



39

D-type visa

holder

Asylum Enhanced right:

Has unrestricted

access to the

labour market

(related to period

from 9 month after

submission of the

asylum application

(see

Reference70)).

Enhanced right:

right to social

assistance and

health care

Enhanced right:

minors have right to

free secondary

education.

No change: if

asylum seeker

has valid long-

stay visa, he or

she may keep it

during reviewing

of the asylum

application.

Enhanced right:

If asylum seeker

does not have

sufficient

resources,

he/she is entitled

to receive legal

aid ensured by

the State79 in

amount and

under procedure

set forth in the

State Ensured

Legal Aid Law80.

No change. No change.

No changes:

without

political right

Victim of

trafficking


right to

unrestricted

employment

(refers to period

from 9 month after

submission of

asylum

application).

No change. No change. No change.

No change. No change.

No change. No change:

without

political right

Family

Victim of trafficking No change. Enhanced right:

more extensive

right to social

assistance and

health care.

No change. Reduced right:

period of

residence

permit to be

granted to

victims of

trafficking is

restricted, there

is no right to

apply for

permanent

Enhanced right:

Section 104(5) of

the Criminal

Procedure Law81

provides for right

of victim to

receive legal aid

ensured by the

State.

No change. Reduced right: no

right to invite

family members.

No changes:

without

political right.

79Asylum Law. The Latvian Herald, No 100, 30.06.2009.-[came into force 14.07.2009.] 80State Ensured Legal Aid Law The Latvian Herald, No 52, 01.04.2005.-[came into force on 01.06.2005] 81Criminal Procedure Law - The Latvian Herald, No 74, 11.052005.-[came into force on 01.10.2005]



40

residence

permit.

Education,

research, EU

Blue card

Victim of trafficking Enhanced right:

unrestricted

access to labour

market (in

comparison to

students - for

normal working

hours).

Enhanced right:

right to social

assistance.

No change. Reduced right:

period of

residence

permit to be

granted to

victims of

trafficking is

restricted, there

is no right to

apply for

permanent

residence

permit.

Enhanced right:

Section 104(5) of

the Criminal

Procedure Law

provides for right

of victim to

receive legal aid

ensured by the

State.

Reduced right:

there is no right

to mobility.

Reduced right: no

right to invite

family members.

No changes:

without

political right.

Highly qualified

worker,

employee, self-

employed,

seasonal worker


unrestricted

access to labour

market.

Enhanced right:

right to social

assistance.


period of

residence

permit to be

granted to

victims of

trafficking is

restricted, there

is no right to

apply for

permanent

residence

permit.

Enhanced right:

Section 104(5) of

the Criminal

Procedure Law

provides for right

of victim to

receive legal aid

ensured by the

State.


right to invite

family members.

No change:

without

political right

Business owner,

investor

Victim of trafficking No change Enhanced right:

right to social

assistance.


period of

residence

permit to be

granted to

victims of

trafficking is

restricted, there

Enhanced right:

Section 104(5) of

the Criminal

Procedure Law

provides for right

of victim to

receive legal aid


right to invite

family members.

No change:

without

political right



41

is no right to

apply for

permanent

residence

permit.

ensured by the

State.

D - type visa

holder


unrestricted

access to labour

market.

Enhanced right:

right to social

assistance.

No change No significant

change: period

of both permits

is limited.

Enhanced right:

Section 104(5) of

the Criminal

Procedure Law

provides for right

of victim to

receive legal aid

ensured by the

State.

No change No change

No change:

without

political right



42

Q3. If the criteria to change status from within the territory of Latvia allowed by your national system differ from those of first time applicants, please list the procedural facilitations in place (in comparison with criteria for first time applicants listed in Section 1) by filling in the table below.

From Into Procedural facilitations when compares with first time applicants from the country of origin

Example Example

Possibility to apply online

Shortened processing time

Shortened decision time

Reduced fees

Reduced documentary requirements

Reduced prove of means to support

Extended duration of residence permit

Possibility to stay beyond the expiration of the previous residence permit (“tolerated status” for those who have applied before the permit expires)

Any82 Any

Reduced requirements in relation to documents (to be submitted)

Possibility to reside after expiration of the period of validity of the previous residence permit (“legal status” to persons who have submitted application before expiration of the period of validity of the permit)

Select Select

Q4. What is/are the main actor(s) and institution(s) involved in the development of such measures? If multiple authorities are involved, how are they coordinated?

The Office of Citizenship and Migration Affairs is responsible for implementation of national migration policy.

Q5. Do specific institutional communication channels (i.e. Migration Agencies’ websites) offer information on the possibility to change status?

No.

Section 3.2: Aims of national policies to permit changes of status without leaving the territory of

Latvia

Q6a. Have the measures in place in Latvia been driven by any specific policy goals(i.e. addressing labour shortages, reducing unemployment, retaining talents, harnessing entrepreneurial skills of third-country nationals, tackling bottleneck occupations, general economic performance targets, etc.)?

No.

Q6b. If yes, please explain the rationale behind their design/implementation, whether such decision were based on a needs assessment and if specific indicators/target were identified.

Q7a. Have any evaluations or studies in Latvia considered the effectiveness of national measures allowing third-country nationals to change status from within the territory of Latvia? Did the evaluations or studies investigate how Latvia have addressed the change in / loss of rights?

No.

82The only exception is students who are entitled to change their purpose of stay without leaving Latvia when they have graduated from a university.



43

Q7b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report. If no, please provide also any other evidence/indicator that may be available in Latvia in this regard (media reporting, media debates, assessment by experts/academics, etc.).

No.

The problem of changes in prupose of stay has been studied in the MIPEX report which points out that the

procedure is too bureaucratic and asks for too high expenses because it does not differ from the procedure

of applying for the first time permit. Today the situation has changed slightly because in case of repeated

permit the amount of documents required for submission has been reduced considerably - persons have to

submit only information that has changed along with documents proving the new purpose of stay.83

Q8a. Have any evaluations or studies in Latvia considered the impact of such national measures to national economy?

No.

Q8b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report. If no, please provide also any other evidence/indicator that may be available in Latvia in this regard (media reporting, media debates, assessment by experts/academics etc.).

Impact on economics has not been researched but the general tendency is positive since legal acts of Latvia

admit changes in purpose of stay both to employees and to third-country investors. Such regulation is of

extreme importance in situation when the problem of lack of workforce becomes topical in the country.84

Q9. How are such changes of status perceived in Latvia? Please support your argument based on existing evidence (policy documents, political discourses, media coverage, NGO campaigns, case law examples etc.).

In public space, changes in purpose of stay of third-country nationals are not an issue of active debates

because the number of changes in purpose of stay is proportionally low and does not change the total amount

of third-country nationals in the country. Problem of changes in purpose of stay has been activated in scope

of the MIPEX index which shows that stipulations valid in Latvia are too restrictive. Namely, to change the

purpose of stay, nearly the same documents that have to be submitted when applying for first time residence

permit are required; in addition, expenses related to changes in purpose of stay are analogic to the ones

determined for obtaining of first time status. Currently, employers have activated the problem of changes in

purpose of stay because the development of economics and the adverse demographic situation has caused

lack of workforce, especially – of qualified workforce. On 25 September 2015, 19th summit of Latvia

government and Foreign Investors’ Council in Latvia took place; participants of the meeting were initiated into

the Position Paper on Availability and Quality of Workforce of the Foreign Investors’ Council in Latvia85. The

Paper emphasizes the need for wise immigration policy and, among the rest, touches the issue about

necessity to permit changes in purpose of stay to third-country students which is currently not possible before

graduation from a university.

83Pursuant to information provided by official of the Office of Citizenship and Migration Affairs. 84Pursuant to information provided by officials of the Office of Citizenship and Migration Affairs. 85Position Paper No 2 “Position Paper on Availability and Quality of Workforce” of 24 September 2015. Available at: http://www.ficil.lv/f/15%2009%2023%20Labour_LAT.pdf. [viewed on 29.09.2015]



44

Authors of the report did not conceive that there are cases when students are entitled to change the status.

Such permit can be issued by officials of the Office of Citizenship and Migration Affairs by evaluating

circumstances of the specific case and the necessity and substantiation of change of the status.86

Q10a. Is there any evidence or are there any indications that such changes of status contribute to the prevention of irregular stays or to reduce irregularity in Latvia?

No.

Q10b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report. If no, please provide also any other evidence/indicator that may be available in Latvia in this regard (media reporting, media debates, assessment by experts/academics etc.).

Quantitative researches have not been performed; however, experts of migration esteem that the possibility

to change the purpose of stay without leaving the country reduces the amount of such third-country nationals

who keep residing in the State illegally after expiration of the granted status.

SECTION 4: CHALLENGES, GOOD PRACTICES AND LESSONS LEARNED

Section 4.1: Challenges and obstacles to measures to enable third-country nationals to change status whilst remaining on the territory of Latvia

Q11. What are the main challenges/obstacles related to the change of status for third-country nationals whilst remaining on the territory of Latvia?

The main obstacle faced by third-country nationals is that often the application for changes in purpose of stay cannot be submitted timely - during the period of validity of the previous residence permit.

From Into Challenges for national authorities in the design

and implementation of measures allowing third-

country nationals to change status.

If possible studies should be included (sourced as

appropriate)

Challenges for applicant to change status at

both application stage (e.g. requirements, waiting

times, fees, etc.)

If possible, the views of the immigrant community

and studies should be included (sourced as

appropriate)

Investor,

Business

owner,

self-employed

person

Any other

purpose of

stay

All changes in purposes of stay are

regulated equally.

The greatest challenges are related with

cases when the former or the next status is

fictitious by its nature (the required conditions

are not fulfilled). For example, if a person has

received residence permit as investor and

has not fulfilled the minimal criteria of

economic activity, he/she is not entitled to

receive the next residence permit in relation

to other status; however, discussions are

usually related to other issue – how long

should be the period for restrictions to

changes in purpose of stay and which

The key challenge of every change in

purpose of stay is the immigrant’s ability to

follow the deadline set forth in the law,

namely, to change the purpose of stay

during the period of validity of the previous

residence permit.

86Pursuant to information provided by official of the Office of Citizenship and Migration Affairs.



45

From Into Challenges for national authorities in the design

and implementation of measures allowing third-

country nationals to change status.

If possible studies should be included (sourced as

appropriate)

Challenges for applicant to change status at

both application stage (e.g. requirements, waiting

times, fees, etc.)

If possible, the views of the immigrant community

and studies should be included (sourced as

appropriate)

restrictions are commensurate and which are

not.

Section 4.2: Good practices and lessons learned

By admitting wide range of changes in purpose of stay, namely, by referring the permission to changes in

purpose of stay to nearly all statuses, it shall be concluded that no negative tendencies causing necessity to

revise the validity of such decision have been observed. Individual cases when persons have used the

possibility to change the purpose of stay maliciously cannot be considered as systematic phenomenon; and,

the migration service has at its disposal sufficient amount of legal instruments for detection of such malicious

actions and for excluding of changes in purpose of stay.



46

ANNEX 1: STATISTICS

This annex provides statistics on the topic of change of status. Data for Tables A1-A3; and A5-A6 will be compiled centrally from

sources indicated. However, if no data are available centrally, (Member) States are welcomed to provide their national data.

The national data should be provided for Table A4 and Tables A7-A11.

Table A1: Applicants for international protection (2010-2014)

2010 2011 2012 2013 2014

Latvia 65 340 205 195 375

Source: Eurostat (migr_asyappctza), data extracted 09.12.2015.



47

Table A2: All valid residence permits by reason on 31 December (2010-2014)

Year Reason AT BE BG CY CZ DE EE EL ES FI FR HR HU IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO

2010 Total 372

208

Family

reasons

Education

reasons

Remunerat

ed activities

reasons

2011 Total 364

729

Family

reasons

Education

reasons

Remunerat

ed activities

reasons



48


2012 Total 352

046

Family

reasons

Education

reasons

Remunerat

ed activities

reasons

2013 Total 344

275

Family

reasons

Education

reasons

Remunerat

ed activities

reasons

2014 Total 336

805



49


Family

reasons

Education

reasons

Remunerat

ed activities

reasons

Source: Eurostat (migr_resvalid), data extracted 09.12.2015.



50

Table A3: Number of “EU Blue cards” granted (2010-2014)

(Member) State 2010 2011 2012 2013 2014

Latvia NI NI 7 10 32

Source: Eurostat (migr_resbc1), data extracted 09.12.2015.

Table A4: Issued skilled or highly skilled national labour permits (2010-2014)

(Member) State 2010 2011 2012 2013 2014

Latvia 115 97 106 82 122

Source: Office of Citizenship and Migration Affairs



51

Table A5: Total number of victims of trafficking (identified and presumed) by assistance

and protection: residence permit based on Directive 2004/81 as well as other granted

residence permits (2010-2012)

(Member) State 2010 2011 2012

Latvia 0 0 0

Source: Eurostat (2015) Trafficking in Human Beings, Table A12: Number of victims (identified

and presumed) by assistance and protection: residence permit based on Directive 2004/81 as

well as other granted residence permits



52

Table A6: Change of immigration status permits by reason (2010-2014)

Year

Change from: Change to:

AT BE BG CY CZ DE EE EL ES FI FR HR HU IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO

201

0

Family status Education 3

Remunerated activities 15

Education Family 3


Remunerated

activities

Family 41

Education 1

201

1



Education Family 23


Remunerated

activities

Family 42

Education 1

201

2



Education Family 22


Remunerated

activities

Family 28

Education 0

201

3



Education Family 33


Remunerated

activities

Family 33

Education 3

201

4



Education Family 29


Remunerated

activities

Family 52

Education 3

Source: Eurostat (migr_reschange), data extracted 09.12.2015.



53



54

Table A7: Change of immigration status permits by reason (2010-2014)

Change from:87 Change to: 2010 2011 2012 2013 2014 Data includes only main

applicants

Data includes main

applicants and

dependants

Source / further

information

Family status

Education NI NI 5 13 25 V OCMA88

Research 0 0 0 OCMA

Blue card NI NI 0 0 1 V

OCMA

Highly qualified workers NI NI 5 2 5 V

OCMA

Employee NI NI 6 7 16 V

OCMA

Self-employed NI NI 0 0 0 V

OCMA

Business owner NI NI NI NI NI V

OCMA

Seasonal worker NI NI 0 0 0 V

OCMA

ICT NI NI 0 0 0 V

OCMA

Investor NI NI 21 74 69 V

OCMA

D-type visa holder NI NI 0 0 0 V

OCMA

Asylum NI NI 0 0 0 V

OCMA

Victim of trafficking NI NI 0 0 0

V OCMA

Other (please specify) NI NI 15 36

25

V OCMA

Education Family

NI NI 13 19 29 V

OCMA

87 There are no data available on exchange of statuss from business owners to other kind of statuses. 88 Office of Citizenship and Migration Affairs



55


applicants

Data includes main

applicants and

dependants

Source / further

information

Research NI NI 0 0 0

OCMA

Blue card NI NI 0 0 4

V OCMA

Highly qualified workers NI NI 0 0 3

V OCMA

Employee NI NI 6 7 13

V OCMA

Self-employed NI NI 0 0 0

V OCMA

Business owner NI NI NI NI NI

V OCMA

Seasonal worker NI NI 0 0 0

V OCMA

ICT NI NI 0 0 0

V OCMA

Investor NI NI 0 10 5

V OCMA

D-type visa holder NI NI 0 0 0

V OCMA

Asylum NI NI 0 0 0

V OCMA


V OCMA

Other (please specify) NI NI 2 4 4

V OCMA

Research

Family NI NI 0 0 1 V

OCMA

Education NI NI 0 0 0 V

OCMA


OCMA


OCMA



56


applicants

Data includes main

applicants and

dependants

Source / further

information


OCMA


OCMA


OCMA


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA


OCMA


OCMA


V OCMA

Other (please specify) NI NI 0 0 0 V

OCMA

Remunerated

activities: Blue card


OCMA


OCMA

Research NI NI 0 0 0 V

OCMA


OCMA


OCMA


OCMA


OCMA



57


applicants

Data includes main

applicants and

dependants

Source / further

information


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA


OCMA


OCMA


V OCMA


OCMA

Remunerated activities: highly qualified worker


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA



58


applicants

Data includes main

applicants and

dependants

Source / further

information


OCMA


OCMA


V OCMA


OCMA

Remunerated activities: Employee


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA


OCMA


OCMA


V OCMA



59


applicants

Data includes main

applicants and

dependants

Source / further

information


OCMA

Remunerated activities: Self-employed


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA


OCMA


OCMA


V OCMA


OCMA

Remunerated activities: Seasonal worker

Family NI NI NI NI NI

V OCMA

Education NI NI NI NI NI

V OCMA



60


applicants

Data includes main

applicants and

dependants

Source / further

information

Research NI NI NI NI NI

V OCMA

Blue card NI NI NI NI NI

V OCMA

Highly qualified workers NI NI NI NI NI

V OCMA

Employee NI NI NI NI NI

V OCMA

Self-employed NI NI NI NI NI

V OCMA

Business owner NI NI NI NI NI

V OCMA

ICT NI NI NI NI NI

V OCMA

Investor NI NI NI NI NI

V OCMA

D-type visa holder NI NI NI NI NI

V OCMA

Asylum NI NI NI NI NI

V OCMA

Victim of trafficking NI NI NI NI NI

V OCMA

Other (please specify) NI NI NI NI NI

V OCMA

Remunerated activities: ICT

Family NI NI NI NI NI V

OCMA

Education NI NI NI NI NI V

OCMA

Research NI NI NI NI NI V

OCMA

Blue card NI NI NI NI NI V

OCMA

Highly qualified workers NI NI NI NI NI V

OCMA



61


applicants

Data includes main

applicants and

dependants

Source / further

information

Employee NI NI NI NI NI V

OCMA

Self-employed NI NI NI NI NI V

OCMA


OCMA

Seasonal worker NI NI NI NI NI V

OCMA

Investor NI NI NI NI NI V

OCMA

D-type visa holder NI NI NI NI NI V

OCMA

Asylum NI NI NI NI NI V

OCMA


V OCMA

Other (please specify) NI NI NI NI NI V

OCMA

Investor


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA



62


applicants

Data includes main

applicants and

dependants

Source / further

information


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA


OCMA


V OCMA


OCMA

D-type visa holder


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA

ICT NI NI NI NI NI V

OCMA


OCMA



63


applicants

Data includes main

applicants and

dependants

Source / further

information

Asylum NI NI NI NI NI V

OCMA


V OCMA


OCMA

Asylum


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA


OCMA


V OCMA


OCMA



64


applicants

Data includes main

applicants and

dependants

Source / further

information

Victim of trafficking


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA


OCMA

ICT NI NI NI NI NI V

OCMA


OCMA

D-type visa holder NI NI NI NI NI V

OCMA

Asylum NI NI NI NI NI

V OCMA


OCMA

Other (Please

specify)


OCMA


OCMA


OCMA



65


applicants

Data includes main

applicants and

dependants

Source / further

information

Blue card NI NI 0 0 0 V OCMA


OCMA


OCMA


OCMA


OCMA


OCMA

ICT NI NI 0 0 0 V

OCMA


OCMA


OCMA

Asylum NI NI 0 0 0

V OCMA


V OCMA


OCMA

Note: Please do not leave empty cells, but use the following acronyms where required: NI (no information available), NA (not applicable).

Eurostat data will be used for switches between three statuses: Family, Education and Remunerated activities.

The most part changed the purpose of stay from investors and education to the family purpose of stay and vice versa – from the family purpose of stay to

education and investors. Investors change residence permits to the family related purpose of stay because most of the investments are not effective enough

to comply with the conditions set out in the Immigration Law to maintain the temporary residence permit. Very often in these case a family member becomes

an investor by changing the nature of the investment and the main applicant (previous investor) obtains the status of a member of family. Significant part of

persons who change their status from family member to investor are children of investors who entered Latvia as minors and have come of age. In view of

the fact that, currently, the Immigration Law does not provide a possibility for adult children to stay with their parents (third-country nationals), parents make

investments for adult children or children commence studies changing the purpose of stay accordingly. To prevent such situation, changes are planned in



66

the Immigration Law. It will also allow adult children if they received the first temporary residence permit in Latvia when they were minors, continue to reside

as a member of the family. In the light of the low numbers of status change, there is no basis to claim that large numbers of third-country nationals would

circumvent the provisions of the Immigration Law, in order to acquire the right to reside in Latvia.89

Table A8: Number of persons who have changed immigration status 2 times by type of switch (2010-2014)

Change from: Change to: 2010 2011 2012 2013 2014 Data includes only main

applicants

Data includes main

applicants and

dependants

Source / further

information

NI NI NI NI NI NI

Note: In order to fill in columns ‘change from’ and ‘change to’ please see examples of changes in tables A6 and A7

Table A9: Number of persons who have changed immigration status 3 times by type of switch (2010-2014)


applicants

Data includes main

applicants and

dependants

Source / further

information

NI NI NI NI NI NI


Table A10: Number of persons who have changed immigration status more than 3 times by type of switch (2010-2014)


applicants

Data includes main

applicants and

dependants

Source / further

information

NI NI NI NI NI NI

89 Pursuant to information provided by official of the Office of Citizenship and Migration Affairs.



67


Box A1: Is the processing time set in the national legislation? If yes, does it differ for different groups of migrants – in legislation and/ or in

practice?

If the answer is yes, please fill in the Table A11, specifying in the narrative whether it differs in legislation and/ or practice:

No.

The Office of Citizenship and Migration Affairs reviews application of a third-country national for changing the purpose of stay in one month. There is

a possibility to apply for speeded up reviewing (5 or 10 days) by paying increased State fee90.

Table A11: The average processing time to change the status (the time span between the application for change of status and the granting of the

change of status), by purpose of stay in 201491

Into

From


qualified

worker

Employee Self-

employed

Business

owner

Seasonal

worker

ICT Investor D-type

visa

holder

Asylum Victim of

trafficking

Other

(please

specify)

Family Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a month Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Education Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Research Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Blue card Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

90Regulations No 1034 “Regulations Regarding the State Fee for Examination of the Documents Necessary for Requesting a Visa, Residence Permit or the Status of a Long-term Resident of the European Union in the Republic of Latvia and the Services Related Thereto ” issued by the Cabinet of Ministers on 1 October 2013.- The Latvian Herald, No 200, 14.10.2013 [came into effect on 01.01.2014] 91Pursuant to Regulations No 1034 “Regulations Regarding the State Fee for Examination of the Documents Necessary for Requesting a Visa, Residence Permit or the Status of a Long-term Resident of the European Union in the Republic of Latvia and the Services Related Thereto ” issued by the Cabinet of Ministers on 1 October 2013, if a person pays additional State

fee, applications for reviewing of residence documents can be examined in shorter period - 5 or 10 days.



68

Into

From


qualified

worker

Employee Self-

employed

Business

owner

Seasonal

worker

ICT Investor D-type

visa

holder

Asylum Victim of

trafficking

Other

(please

specify)

Highly qualified

worker

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Employee Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Self-employed Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Business owner Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Seasonal worker Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

ICT Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Investor Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

D-type visa

holder

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Asylum Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Victim of

trafficking

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Other (please

specify)

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month


month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a

month

Up to a month

Note: Please fill in the table using one of the options provided (by clicking on the cell):



69

A few days

From a few days to a week

Up to two weeks

Up to a month

More than a month

NI – no information available

NA – not applicable



70

LIST OF SOURCES AND LITERATURE

Sources

Regulatory Enactments of Latvia

Labour Law. The Latvian Herald, No 105, 06.07.2001 -[came into force on 01.06.2001]

Law on the Regulated Professions and the Recognition of Professional Qualifications. The Latvian Herald, No 105, 06.07.2001-[came into force on 20.07.2001]

Immigration Law. Messenger, No 169, 20.11.2002 - [came into force on 01.05.2003]

Social Services and Social Assistance Law. The Latvian Herald, No 168, 19.11.2002-[came into force on 01.01.2003]

State Ensured Legal Aid Law. The Latvian Herald, No 52, 01.04.2005.-[came into force on 01.06.2005]

Criminal Procedure Law. The Latvian Herald, No 74, 11.05.2005.-[came into force on 01.10.2005]

Asylum Law. The Latvian Herald, No 100, 30.06.2009.-[came into effect 14.07.2009]

Cabinet of Ministers Regulations No 550 of 21 June 2010 “Regulations regarding the Amount of Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existence of Financial Means ”. The Latvian Herald, No 100, 28.06.2010.-[came into force on 01.07.2010.]

Cabinet of Ministers Regulation No 564 of 21 June 2010 “Regulations Regarding Residence Permits”. The Latvian Herald, No 101, 29.06.2010- [came into force on 01.07.2010]

Cabinet of Ministers Regulations No 1034 of 1 October 2013 “Regulations Regarding the State Fee for Examination of the Documents Necessary for Requesting a Visa, Residence Permit or the Status of a Long-term Resident of the European Union in the Republic of Latvia and the Services Related Thereto ”.The Latvian Herald, No 200, 14.10.2013 [came into force on 01.01.2014]

Cabinet of Ministers Regulations No 55 of 28 January 2014 “Regulations Regarding Employment of Foreigners”. The Latvian Herald, No 31, 12, 02.2014.-[came into effect on 13.02.2014]

Literature

Position Paper No 2 “Position Paper on Availability and Quality of Workforce” of 24 September 2015. Available at: http://www.ficil.lv/f/15%2009%2023%20Labour_LAT.pdf. [viewed on 29.09.2015]

Monthly bulletin of Latvian statistics 1(248)/2015, Riga, February 2015, page 10; Available at: http://www.csb.gov.lv/statistikas-temas/darba-samaksa-galvenie-raditaji- 30270.html. [Seen on 07.08.2015.]