Procedures for Approval of Invitations and Drawing up of Written Requests

Issued pursuant to
Section 3, Paragraph three and Section 13, Paragraph one
of the Immigration Law

I. General Provisions

1. This Regulation prescribes the procedures for approval of invitations, the procedures for drawing up of written requests, as well as the amount of information to be included in the State information system - the Register of Invitations - and the procedures for utilisation thereof.

2. A request for the approval of an invitation (hereinafter - request) shall be submitted or a written request shall be drawn up by the following natural persons and legal persons (hereinafter - inviter):

2.1. an adult citizen of Latvia or an adult non-citizen of Latvia;

2.2. an adult foreigner who has a valid permanent residence permit in the Republic of Latvia;

2.3. a foreigner who has a valid temporary residence permit in the Republic of Latvia - only for the invitation of a spouse or a relative up to the third degree in direct line or up to the third degree in a collateral line for a period of time which does not exceed the term of validity of the temporary residence permit;

2.4. a citizen of a European Union Member State, European Economic Area State or the Swiss Confederation who resides in the Republic of Latvia with a registration certificate or a permanent residence certificate;

2.5. a State administration institution of the Republic of Latvia;

2.6. a legal person registered in the Republic of Latvia or a foreign legal person who has an authorised person registered in the Republic of Latvia.

[2 May 2012; 2 August 2016]

3. An approved invitation and a drawn up written request for requesting a visa shall be valid for six months or until a specific date, if the period of time for the implementation of the purpose of the entry and residence has been defined precisely.

II. Approval of Invitations

4. An authorised person of the inviter may submit a request:

4.1. the person authorised by a natural person shall submit a power of attorney;

4.2. an authorisation of the person referred to in Sub-paragraphs 2.5 and 2.6 of this Regulation for a natural person or a legal person to draw up an invitation shall be included in the application of the legal person or the State administration institution or a separate power of attorney shall be drawn up.

5. A request shall be submitted to the Office of Citizenship and Migration Affairs (hereinafter - Office). The documents for drawing up of an invitation may also be submitted in electronic form in accordance with the regulatory enactments for the circulation of electronic documents, using the special online form available on the website www.latvija.lv.

6. Upon submission of a request a natural person shall:

6.1. present a personal identification document (this condition shall not apply if the request is submitted, using the special online form available on the website www.latvija.lv);

6.2. indicate a telephone number or other information (for example, an e-mail address), which ensures communication possibilities;

6.3. provide the information referred to in Paragraph 11 of this Regulation;

6.4. provide information regarding his or her occupation;

6.5. submit a payment document, which attests to the payment of the State fee. The payment document shall not be submitted, if:

6.5.1. the request is submitted and the State fee is paid, using the special online form available on the website www.latvija.lv;

6.5.2. payment is made at the Office by VISA, VISA Electron, MasterCard, Maestro or American Express payment card, using a payment card terminal.

7. Upon submitting a request an authorised representative of a legal person or a State administration institution shall:

7.1. present a personal identification document (this condition shall not apply if the request is submitted, using the special online form available on the website www.latvija.lv);

7.2. submit an application in which the following information is indicated:

7.2.1. the registration number of the legal person;

7.2.2. the information referred to in Paragraph 11 of this Regulation regarding the foreigner to be invited;

7.2.3. a certification that the inviter assumes liability for the conformity of the purpose of entry and residence of the invited foreigner with the purpose indicated in the documents submitted for requesting a visa, for his or her departure from the country at the specified time, as well as, if necessary, that the inviter shall ensure the covering of the expenses related to the health care, residence in the Republic of Latvia and return to the country of residence of the foreigner;

7.2.4. a certification that the legal person has registered as a tax payer and has performed tax and fee payments and other mandatory payments into the budget or the relevant payments terms have been extended (deferred, divided) in accordance with the procedures specified in the regulatory enactments regulating the field of taxes, and the legal person performs payments according to a decision of the tax administration (payment schedule), except the case where execution of the decision of the tax administration has been suspended while a pre-trial adjudication takes place;

7.3. submit a payment document, which attests to the payment of the State fee. The payment document shall not be submitted, if:

7.3.1. the request is submitted and the State fee paid, using the special online form available on the website www.latvija.lv;

7.3.2. payment is made at the Office by VISA, VISA Electron, MasterCard, Maestro or American Express payment card, using a payment card terminal.

[2 May 2012]

8. The inviter, when submitting a request, may specify that he or she shall cover the expenses related to the entry and residence of the foreigner in the Republic of Latvia or in the Republic of Latvia and the territory of another Schengen Agreement Member State:

8.1. a legal person or a State administration institution shall indicate the referred to information in the request;

8.2. a natural person shall present documents which certify that he or she has the necessary financial resources at the disposal thereof, as well as shall certify by signature that he or she will cover the expenses referred to. Such documents need not be requested if the spouse, ascending or descending relatives of the inviter or his or her spouse and the spouses thereof are invited and the inviter certifies by signature that he or she has a sufficient level of subsistence and the invited foreigner, upon residing in the Republic of Latvia, will not become a burden to the State social assistance system.

9. Upon submitting a request for a foreigner who is intended to be employed in the Republic of Latvia the inviter shall:

9.1. present a personal identification document (this condition shall not be applied if the request is submitted, using the special online form available on the website www.latvija.lv), and an appropriately prepared power of attorney, if the authorisation is not included in the application of the legal person;

9.2. submit an application in which the following information is indicated:

9.2.1. the registration number of the legal person or, if the inviter is a natural person, the telephone number or other information (for example, e-mail address) which ensures communication possibilities;

9.2.2. the information referred to in Paragraph 11 of this Regulation regarding the foreigner to be invited;

9.2.3. justification for the necessity to employ the foreigner;

9.2.4. education of the foreigner;

9.2.5. the employment sector code of the foreigner (up to the second level) in accordance with Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains;

9.2.6. the profession code of the foreigner in accordance with the Classification of Occupations;

9.2.7. the place (places), address (addresses) of work performance;

9.2.8. working time in hours per week or month. Such information need not be indicated upon approving an invitation for a member of the board of directors or council registered in the Commercial Register, a proctor, an administrator, a liquidator or a member of a partnership who has the right to represent the partnership, or a person who is authorised to represent the merchant (a foreign merchant) in activities related to a branch;

9.2.9. the amount of work remuneration per month;

9.2.10. a certification that the inviter assumes liability for the conformity of the purpose of entry and residence of the invited foreigner with the purpose indicated in the documents submitted for requesting a visa, for his or her departure from the country at the specified time, as well as, if necessary, the inviter shall ensure the covering of the expenses related to the health care, residence in the Republic of Latvia and the return to the country of residence of the foreigner;

9.2.11. a certification that the inviter has registered as a tax payer and has performed tax and fee payments and other mandatory payments into the budget or the relevant payments terms have been extended (deferred, divided) in accordance with the procedures specified in the regulatory enactments regulating the field of taxes, and the inviter performs payments according to a decision of the tax administration (payment schedule), except the case where execution of the decision of the tax administration has been suspended while a pre-trial adjudication takes place;

9.2.12. a certification that if the employer invites a seasonal worker and provides him or her with a place of residence, such place of residence shall comply with the laws and regulations laying down the requirements for the residential space, the rent for a dwelling shall not be excessive compared to the net remuneration for work and the quality of a dwelling, and also it shall not be deducted automatically from the work remuneration of the seasonal worker.

9.3. submit documents certifying the qualification and education of the foreigner:

9.3.1. if the profession of the foreigner is regulated - a copy of the qualification recognition certificate or equivalent document which certifies the conformity of the professional qualification with the requirements specified in the Republic of Latvia;

9.3.2. if the profession of the foreigner is not regulated - a copy of the education document or a document certifying three years of experience in the profession in which the employer is planning to employ the foreigner;

9.4. if the work of the foreigner in the Republic of Latvia is intended in accordance with an employment contract or a company contract, submit a copy of the employment contract or the draft thereof or a copy of the company contract;

9.4.¹ if it is intended to employ a natural person on the basis of a company contract, a document approved by the tax administration of Latvia or foreign country shall be submitted, certifying that the natural person has registered as a tax payer and has performed tax and fee payments and other mandatory payments into the budget or the relevant payments terms have been extended (deferred, divided) in accordance with the procedures specified in the regulatory enactments regulating the field of taxes, and the person performs payments according to a decision of the tax administration (payment schedule), except the case where execution of the decision of the tax administration has been suspended while a pre-trial adjudication takes place;

9.5. if the employer intends to employ the foreigner in such work which requires a permit (licence) for the performance thereof, submit a copy of the permit (licence);

9.6. pay the State fee.

[2 May 2012; 2 August 2016]

10. Upon submitting an invitation request for a foreigner who has already had an approved invitation for employment in the relevant profession or for a person registered in the Commercial Register as a member of the board of directors or council, a proctor, an administrator, a liquidator or a member of a partnership who has the right to represent the partnership, or a person who is authorised to represent a merchant (a foreign merchant) in activities related to a branch, or for a seasonal worker, the documents referred to in Sub-paragraph 9.3.2 of this Regulation shall not be submitted.

[2 August 2016]

11. The inviter shall indicate the following information regarding the foreigner in the request:

11.1. the given name (names), surname in Latin alphabet transliteration, as it is indicated in the travel document of the foreigner;

11.2. the nationality and the type thereof;

11.3. sex;

11.4. the date of birth;

11.5. the place of birth;

11.6. address of the place of stay in a foreign state;

11.7. occupation;

11.8. the expected place of stay in the Republic of Latvia;

11.9. the purpose and period of residence in the Republic of Latvia or in the territory of another Schengen Agreement Member State;

11.10.the expected place of submitting a request for a visa.

12. The inviter, upon submitting a request, may present an insurance policy purchased for a foreigner, except in case if the foreigner intends to request a visa in the diplomatic or consular mission of the Schengen Agreement Member State, with which an agreement regarding representation has been entered into.

13. If it is planned to employ a foreigner with several merchants, an invitation shall be drawn up by each merchant.

14. If the conditions relating to employment of a foreigner change within the period of time indicated in the visa, which have been the basis for approval of the invitation (for example, the employer, profession or position changes), a new invitation shall be necessary.

15. [2 August 2016]

16. Several foreigners may be included in one request, if they have a common purpose of entry and they will be submitting a request for a visa to one diplomatic or consular mission of the Republic of Latvia. If foreigners, which have a common purpose of entry, will be submitting a request for a visa to one diplomatic or consular mission of a Schengen Agreement Member State, with which an agreement regarding representation has been entered into, not more than 10 foreigners may be included in the request.

17. If additional information is necessary in order to take a decision for the approval of an invitation, an official of the Office shall interview the inviter and request explanations and additional documents which attest to the relation of the inviter with the foreigner to be invited, as well as justify the purpose of the entry and residence of the foreigner, and that the inviter has the necessary financial resources to cover all expenses related to the entry and residence of the foreigner, as well as, if necessary, to cover the expenses related to the health care and return to the country of residence of the foreigner to be invited.

18. Information regarding the inviter and the foreigner shall be included in the Register of Invitations.

19. After entering of data in the Register of Invitations, an official of the Office shall print out a request form (except the case where the request has been submitted, using the special online form available on the website www.latvija.lv).

20. In the request printed out:

20.1. the inviter or his or her authorised person shall confirm by signature that the information provided and data entered are true;

20.2. if the inviter is a natural person, he or she, upon signing the request form, shall additionally confirm that he or she assumes liability for the conformity of the purpose of the entry and residence of the invited foreigner with the purpose indicated in the documents submitted for requesting a visa, for his or her departure from the country at the specified time, and, if necessary, that he or she shall ensure the covering of the expenses related to the health care, residence in the Republic of Latvia and the return to the country of residence of the foreigner;

20.3. the inviter (or the authorised person thereof) shall certify by signature, that he or she has been informed and agrees that the data on the person, which has been included in the request and invitation, will be included in the Register of Invitations. If necessary, the referred to data will be processed in order to take a decision regarding the request for a visa of the invited foreigner.

21. After taking of a decision an official shall approve the second copy of the request form with a signature and the stamp of the Office division and issue it to the inviter or his or her authorised person:

21.1. upon the request of the inviter or the authorised person thereof to issue an approved invitation;

21.2. if it is intended to submit a request for a visa to the diplomatic or consular mission of the Schengen Agreement Member State, with which an agreement regarding representation has been entered into.

22. An official of the Office shall take a decision regarding approval of an invitation within two working days or, if the request for an invitation is related to employment of the foreigner in the Republic of Latvia - within five working days after receipt of the documents required for approval of an invitation. If additional examination is necessary for taking of the decision, the official shall notify the inviter thereof and take the decision within 10 working days. The request for an invitation for a seasonal worker who during the last five years before submitting the request has already been issued a long-term visa for performing a seasonal work shall be examined within two working days.

[2 August 2016]

23. An invitation shall be approved for the receipt of such visa and for such time period which is necessary for the implementation of the declared purpose of entry.

24. The inviter shall submit an application with a request to perform changes in the information included in the approved invitation regarding a foreigner if the given name or surname of the foreigner (not more than two letters in each) or other information referred to in Paragraphs 8 or 11 of this Regulation has been incorrectly indicated. If the changes to be made in the invitation do not conform to these conditions, the inviter shall draw up a new invitation.

[2 August 2016]

25. The Office shall perform the changes in the information included in the approved invitation within one working day after receipt of the application referred to in Paragraph 24 of this Regulation.

26. If an invitation is not approved, is revoked or the inviter withdraws the invitation, the documents submitted shall not be issued and the State fee received shall not be reimbursed to the inviter.

III. Drawing up of Written Requests

27. A natural person shall include the following information in a written request:

27.1. his or her given name (names), surname and personal identity number;

27.2. information regarding occupation thereof;

27.3. the information referred to in Paragraph 11 of this Regulation regarding the foreigner to be invited;

27.4. the number of the travel document of the foreigner to be invited;

27.5. a certification that the inviter assumes liability for the conformity of the purpose of the entry and residence of the invited foreigner with the purpose indicated in the documents submitted for requesting a visa, for his or her departure from the country at the specified time, and, if necessary, that the inviter shall ensure the covering of the expenses related to the health care, residence in the Republic of Latvia and the return to the country of residence of the foreigner.

28. The written request of a natural person shall be valid for requesting a visa if his or her signature thereon has been certified by a notary or if the inviter draws up the written request at the diplomatic or consular mission of the Republic of Latvia in the presence of a consular official.

29. A legal person shall include the following information in a written request:

29.1. the registration number of the legal person;

29.2. the information referred to in Paragraph 11 of this Regulation regarding the foreigner to be invited;

29.3. the number of the travel document of the foreigner to be invited;

29.4. a certification that the legal person assumes liability for the conformity of the purpose of the entry and residence of the invited foreigner with the purpose indicated in the documents submitted for requesting a visa and for his or her departure from the country at the specified time;

29.5. a certification that the legal person, if necessary, will cover the expenses related to the health care, residence in the Republic of Latvia and the return to the country of residence of the foreigner.

30. A legal person may specify that he or she will cover the expenses related to the entry and residence of a foreigner in the Republic of Latvia or in the Republic of Latvia and the territory of another Schengen Agreement Member State.

IV. Amount of Information to be included in the Register of Invitations and Procedures for Utilisation Thereof

31. An invitation shall be registered in the Register of Invitations, including the following information therein:

31.1. regarding the inviter - a natural person:

31.1.1. given name (names), surname;

31.1.2. personal identity number;

31.1.3. nationality and type thereof;

31.1.4. type, number, place and date of issue of the personal identification document presented;

31.1.5. address of the place of residence;

31.1.6. occupation;

31.1.7. telephone number;

31.1.8. e-mail address (if any)

31.2. regarding the inviter - a legal person or a State administration institution:

31.2.1. registration number;

31.2.2. name;

31.2.3. person who signs the application (given name (names), surname, personal identity number and position);

31.2.4. legal address;

31.2.5. telephone number;

31.2.6. e-mail address (if any)

31.3. regarding the foreigner invited:

31.3.1. given name (names), surname;

31.3.2. nationality and type thereof;

31.3.2.¹ sex;

31.3.3. date of birth;

31.3.4. place of birth;

31.3.5. address of the place of residence;

31.3.6. purpose of entry;

31.3.7. expected place of stay in the Republic of Latvia;

31.3.8. expected place of submitting a request for a visa;

31.3.9. type and period of validity of the visa requested;

31.4. registration number of the invitation;

31.5. data regarding payment of the State fee;

31.6. information regarding whether the inviter shall cover all the expenses related to the entry and residence of the foreigner in the Republic of Latvia or in the Republic of Latvia and the territory of another Schengen Agreement Member State;

31.7. service notes in order to provide additional information to the official who will examine the request for the receipt of a visa and will take a decision;

31.8. regarding the decision:

31.8.1. the decision taken. If a decision is taken not to approve an invitation or to revoke an approved invitation, the corresponding Clause of Section 15.1, Paragraph one of the Immigration Law shall be indicated;

31.8.2. the official who took the decision (given name (names), surname);

31.8.3. the date of the decision;

31.9. the status of the invitation.

[2 May 2012]

32. The Office shall be the manager of the Register of Invitations.

33. The Office shall ensure the utilisation and maintenance of the Register of Invitations from the funds allocated in the State budget.

34. The information included in the Register of Invitations shall be used by the Office, the State Border Guard, the Consular Department of the Ministry of Foreign Affairs, competent State authorities, diplomatic or consular missions of the Republic of Latvia and the diplomatic or consular missions of the Schengen Agreement Member State with which an agreement regarding representation has been entered into.

V. Closing Provisions

35. Cabinet Regulation No. 183 of 15 April 2003, Procedures for Approval of Invitations (Latvijas Vēstnesis, 2003, No. 65; 2004, No. 81; 2005, No. 28, No. 126; 2006, No. 60; 2007, No. 96; 2008, No. 22), is repealed.

36. The online form for electronic submission of a request referred to in Paragraph 5, Sub-paragraphs 6.1, 6.5.1, 7.1, 7.3.1, 9.1 and 9.6.1 and Paragraph 19 of this Regulation shall be available on the website www.latvija.lv from 2 January 2014.

[1 February 2011; 2 May 2012]

37. This Regulation shall come into force on 1 July 2010.

Informative Reference to European Union Directive

[2 August 2016]

This Regulation contains legal norms arising from Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.

Prime Minister V. Dombrovskis

Minister for the Interior L. Mūrniece

Translation © 2017 Valsts valodas centrs (State Language Centre)