Procedures by which Children Cross the State Border

Issued pursuant to
Section 10, Paragraph five
of the State Border Law of the Republic of Latvia and
Section 76, Paragraph two of the Protection of the Rights of the Child Law

1. This Regulation prescribes the procedures by which children shall cross the State border of the Republic of Latvia.

2. A child, who is not a citizen of Latvia, non-citizen of Latvia or a stateless person to whom the status of stateless person has been granted in the Republic of Latvia, shall cross the State border of the Republic of Latvia presenting the documents referred to in the State Border Law of the Republic of Latvia.

3. If a child, who is a citizen of Latvia, non-citizen of Latvia or a stateless person to whom the status of stateless person has been granted in the Republic of Latvia (hereinafter - a child who is a national of Latvia), crosses the external border departing from the State (hereinafter - departs from the State), he or she shall present also other documents referred to in this Regulation in addition to the documents referred to in the State Border Law of the Republic of Latvia.

4. If a child, who is a national of Latvia, departs from the State independently, he or she shall present a notarially certified consent of at least one parent (a citizen of Latvia, non-citizen of Latvia, a citizen of the European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, European Union Member State, European Economic Area State or Swiss Confederation) or a guardian for the independent departure of a child from the State.

5. If a child, who is a national of Latvia, departs from the State accompanied by an authorised person, he or she shall present a notarially certified authorisation by at least one parent (a citizen of Latvia, non-citizen of Latvia, a citizen of the European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, European Union Member State, European Economic Area State or Swiss Confederation) or a guardian for the departure of a child from the State accompanied by this authorised person. If a child departs from the State accompanied by a guardian, he or she shall present a decision of the Orphan's Court regarding establishment of guardianship or a notarially certified copy thereof.

6. If none of the parents of a child, who is a national of Latvia, is not a citizen of Latvia, a non-citizen of Latvia, a citizen of a European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, European Union Member State, European Economic Area State or Swiss Confederation, the child, upon departing from the State independently, shall present a notarially certified consent of at least one parent, but, upon departing from the State accompanied by an authorised person, he or she shall present a notarially certified authorisation by at least one parent for the departure from the State accompanied by this authorised person.

7. If a child, who is a national of Latvia, departs from the State accompanied by a parent, he or she shall present the following documents:

7.1. a travel document of the parent with an entry regarding the relationship of the child to the parent accompanying the child; or

7.2. the child's birth certificate or a notarially certified copy thereof if in the travel document of the parent accompanying the child there is no entry regarding relationship with the child.

8. If a child, who is a national of Latvia, departs from the State accompanied by a parent who is not a citizen of Latvia, a non-citizen of Latvia, a citizen of a European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, European Union Member State, European Economic Area State or Swiss Confederation, he or she shall, in addition to the documents referred to in Paragraph 7 of this Regulation, present a notarially certified authorisation by the other parent (a citizen of Latvia, a non-citizen of Latvia, a citizen of a European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, European Union Member State, European Economic Area State or Swiss Confederation) for the departure of the child from the State.

9. The authorisation referred to in Paragraph 8 of this Regulation shall not be necessary, if a child's parent, who is not a citizen of Latvia, a non-citizen of Latvia, a citizen of a European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, a European Union Member State, European Economic Area State or Swiss Confederation, implements guardianship over the child alone. In such case, upon departing from the State, any of the following documents attesting the referred to fact or a notarially certified copy of the relevant document shall be presented:

9.1. death certificate of the other parent;

9.2. judgment of a court (true copy of the judgment) regarding:

9.2.1. establishment of separate guardianship over the child by the parent who accompanies the child;

9.2.2. deprivation of guardianship rights of the other parent;

9.2.3. declaration of the other parent as dead; or

9.2.4. declaration of the other parent as lacking the capacity to act;

9.3. birth certificate in which there is no entry regarding the other parent;

9.4. a statement issued by the General Registry Office that information regarding the father has been entered into the register of births pursuant to the mother's instruction; or

9.5. a notarially certified agreement of the parents regarding establishment of separate guardianship over the child by the parent who accompanies the child.

10. The authorisation referred to in Paragraph 8 of this Regulation shall not be necessary, if:

10.1. the other parent (a citizen of Latvia, a non-citizen of Latvia, a citizen of a European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, a European Union Member State, European Economic Area State or Swiss Confederation) cannot be reached or refuses to give consent and the Orphan's Court has agreed to the departure of the child from the State;

10.2. none of the parents is a citizen of Latvia, a non-citizen of Latvia, a citizen of a European Union Member State, European Economic Area State or Swiss Confederation or a stateless person to whom the status of the stateless person has been granted in the Republic of Latvia, a European Union Member State, European Economic Area State or Swiss Confederation.

11. An orphan or a child left without parental care who is a national of Latvia and who has been placed in a childcare institution or given to a foster family may departure from the State independently presenting a decision regarding permission for the child to independently departure the State or accompanied by an authorised person, presenting a decision regarding permission for the child to departure the State accompanied by this authorised person. The decision regarding permission for a child to independently departure the State or accompanied by the authorised person shall be issued by the Orphan's court by the decision of which the child was placed in childcare or given to a foster family.

12. If the document referred to in this Regulation or an equivalent document attesting any of the facts referred to in this Regulation is issued in foreign states, such document shall be presented taking into account the requirements of document legalisation and attaching thereto a translation into the official language notarially certified in accordance with the specified procedures.

13. The Office of Citizenship and Migration Affairs shall, upon request of an educational institution, submit and approve the list of travellers for school trips in the European Union (Annex), if a child living in the Republic of Latvia, who does not have citizenship of any of the European Union Member State, is going on an excursion with a children's group to a European Union Member State which applies Council Decision of 30 November 1994 on a joint action adopted by the Council on the basis of Article K.3 (2) (b) of the Treaty on European Union concerning travel facilities for school pupils from third countries resident in a Member State (94/795/JHA).

14. A list of travellers referred to in Paragraph 13 of this Regulation shall be recognised as valid travel document, if the photographs complying with the requirements of passport photography of those educatees who are not citizens of a European Union Member State are attached to the list of travellers. The requirement regarding attaching of a photography to a list of travellers for school trips within the European Union need not be applied, if the educatees referred to in the list of travellers can present a personal identification document with a photograph.

15. Cabinet Regulation No. 310 of 10 July 2001, Procedures by which Persons Cross the State Border of the Republic of Latvia (Latvijas Vēstnesis, 2001, No. 108; 2002, No. 26, 47; 2004, No. 4, 152; 2006, No. 109), is repealed.

Prime Minister V. Dombrovskis

Minister for the Interior L. Mūrniece

Annex
Cabinet Regulation No. 721
3 August 2010

Sample Form for List of Travellers for School Trips within European Union

Ceļotāju saraksts izglītības iestādes ekskursijām Eiropas Savienībā

List of travellers for school trips within the European Union

Liste des participants a un voyage scolaire a l`intérieur de l`Union Européenne

Fotogrāfijas/Photo/ Photographie

Minister for the Interior L. Mūrniece

Translation © 2010 Valsts valodas centrs (State Language Centre)