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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

8 July 2011 [shall come into force from 11 August 2011];
13 June 2013 [shall come into force from 18 July 2013].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

Law on the Status of a Long-term Resident of the European Union in the Republic of Latvia

[8 July 2011]

Section 1.

The following terms are used in this Law:

1) continuous residence - legal residence in the Republic of Latvia for at least five years directly prior to the submission of a request for the status of a long-term resident of the European Union, if absence from the Republic of Latvia in the abovementioned period of time has not been longer than six consecutive months or it does not exceed 10 months in total. Absence shall be considered to be justifiable, if the reason thereof has been circumstances beyond the person's control (illness of a person, force majeure, etc.). In the case of a holder of the European Union Blue Card, absence shall be considered to be justifiable if the reason thereof is conducting of economic activity in the status of an employee or a self-employed person or performance of voluntarily service, or studying in the country of his or her origin, and absence from the European Union has not been longer than 12 consecutive months or it does not exceed 18 months in total;

2) sufficient subsistence provision - a regular (at least during the last 12 months) and stable monthly income in the amount of at least one minimum monthly wage (for regular working hours) or a pension granted to a person in the Republic of Latvia. If a person has dependent family members thereof, then, sufficient subsistence provision shall be the regular and stable monthly income of the person in the amount of at least one minimum monthly wage for himself or herself and for each family member;

21) international protection - refugee status or alternative status;

3) third-country national - a person who is not a citizen of the Republic of Latvia, another Member State of the European Union, European Economic Area State or of the Swiss Confederation;

4) country of origin - the country (countries) of citizenship or the country of former permanent residence of the person.

[8 July 2011; 13 June 2013]

Section 2.

(1) The purpose of the Law is to promote the free movement of persons in the territory of the European Union.

(2) The Law prescribes the procedures for granting and withdrawing the status of a long-term resident of the European Union in the Republic of Latvia.

[8 July 2011]

Section 3.

(1) A third-country national has the right to request the status of a long-term resident of the European Union in the Republic of Latvia (hereinafter - the status), if the following conditions exist concurrently:

1) he or she has sufficient subsistence provision in order to support himself or herself and the dependent family members thereof;

2) he or she has mastered the official language;

3) he or she has continuously and legally resided in the territory of the Republic of Latvia as a citizen of Latvia prior to obtaining the citizenship of another State, as a non-citizen of Latvia or with a residence permit, or he or she has resided in the Republic of Latvia as a holder of the European Union Blue Card or a family member of a holder of the European Union Blue Card for the last two years prior to submitting the application.

(2) The period of continuous residence shall include the following:

1) the period of studies of an educatee or a full-time student of an accredited educational institution in the Republic of Latvia, but not more than half of it;

3) the period for which a third-country national as a holder of the European Union Blue Card or a family member thereof has resided in another European Union Member State directly prior to obtaining the European Union Blue Card in the Republic of Latvia;

3) the period for which a non-citizen of Latvia has resided in another European Union Member State, provided that it has not been longer than five years;

4) half of the period which is calculated from the day when an application regarding granting of refugee or alternative status has been submitted, on the basis of which international protection has been granted in the Republic of Latvia, to the day when a residence permit has been issued in the Republic of Latvia, or for the entire abovementioned period if it exceeds 18 months. Such period shall not be included in the period of continuous residence if international protection has been removed or terminated.

(3) The period of continuous residence shall not include the period when a third-country national has resided in the Republic of Latvia with or without a visa in accordance with the procedures laid down in international agreements binding upon the Republic of Latvia or in legal acts of the European Union, has received a residence permit for a short period of time (for example, as an au pair, seasonal worker, worker posted by a service provider in order to ensure the provision of international services, or as a provider of international services) or has resided in the Republic of Latvia in accordance with the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, the Convention on Special Missions of 1969, or the Vienna Convention on the Representation of States in their Relations with International Organisations of a Universal Character of 1975, as well as the period when a third-country national was in a deprivation of liberty institution.

(4) The Cabinet shall determine the appropriate amount of knowledge of the official language necessary for receiving the status, the procedures for the examination of knowledge of the official language, exemptions in taking the examination of knowledge of the official language, as well as the categories of those persons which, due to continued or permanent health disorders, are exempt from the examination of knowledge of the official language, and the procedures for the recognition of certificates of knowledge of the official language of such persons who have previously taken the examination of knowledge of the official language of the required amount.

(5) A third-country national shall pay a State fee regarding the examination of knowledge of the official language in the amount and in accordance with the procedures stipulated by the Cabinet.

[8 July 2011; 13 June 2013]

Section 4.

(1) A third-country national who wishes to obtain the status shall present a valid travel document in person and submit the following documents to the Office of Citizenship and Migration Affairs (hereinafter - the Office) or to the diplomatic or consular mission of the Republic of Latvia:

1) a submission;

2) [8 July 2011];

3) documents that certify the fulfilment of the requirements referred to in Section 3, Paragraph one of this Law;

4) documents certifying that he or she is provided with a place of residence in the Republic of Latvia (a rental agreement on the living quarters has been entered into, etc.). Such documents need not be submitted if the third-country national has a declared place of residence in the Republic of Latvia.

5) a payment document certifying that the State fee for examination of the documents necessary for requesting the status has been paid;

(2) A person shall pay the State fee for examination of the documents necessary for requesting the status in the amount and in accordance with the procedures stipulated by the Cabinet.

(3) A third-country national who resides in the Republic of Latvia with a temporary residence permit shall request the status not later than 90 days prior to the expiry of the term of residence. If there are less than 90 days until expiry of the lawful term of residence of the third-country national in the Republic of Latvia, the Head of the Office or his or her authorised official may allow to submit documents for requesting the status if it conforms to the State interests of Latvia or is related to force majeure or reasons of humanitarian nature and is justified with the relevant documents. In such cases the decision shall be taken within 45 days or 10 working days, depending on for how long the third-country national is entitled to reside in the Republic of Latvia.

[8 July 2011; 13 June 2013]

Section 5.

(1) A decision to grant the status, to refuse to grant it, a decision on the loss of the status and to annul a residence permit shall be taken by an official of the Office, except for the cases referred to in Paragraph four of this Section.

(2) A third-country national has the right to contest the decision of an official of the Office to the Head of the Office.

(3) A third-country national may appeal the decision of the Head of the Office to a court.

(4) A decision to refuse to grant the status in accordance with Section 8, Clause 4 of this Law, and a decision on the loss of the status and to annul a residence permit in accordance with Section 12, Clause 6 of this Law shall be taken by the Minister for the Interior.

(5) A third-country national has the right to appeal the decision of the Minister for the Interior referred to in Paragraph four of this Section in the Department of Administrative Cases of the Supreme Court Senate of the Republic of Latvia. An application of a third-country national shall be examined in a court according to such procedures by which, in accordance with the Immigration Law, an application regarding the decision of the Minister for the Interior to include a foreigner in the list of such persons for whom entry into the Republic of Latvia is prohibited, is examined. The submission of an application to a court shall not suspend the operation of the abovementioned decision. The applicant does not have the right to request the court to suspend the operation of such decision.

Section 6.

The decision to grant the status or refuse to grant it shall be taken within 90 days from the day of submitting the documents. If the status is requested by a non-citizen of Latvia, the decision shall be taken within 30 days.

[8 July 2011]

Section 7.

(1) The Office shall issue to a third-country national who has been granted with the status a residence permit of a long-term resident of the European Union which is valid for five years, and shall inform such person regarding his or her rights and obligations.

(2) A notation "long-term resident - EU" shall be made in the residence permit of a long-term resident of the European Union. If the status is obtained by a holder of the European Union Blue Card, an additional notation "former holder of the European Union Blue Card" shall be made on his or her residence permit. If the status is or has been obtained by a third-country national who has been granted with international protection in the Republic of Latvia or any other European Union Member State, an additional notation "international protection" shall be made on his or her permit, indicating in the notation the Member State which has granted international protection and the date of granting international protection.

(3) The Office shall update a residence permit of a long-term resident of the European Union issued in the Republic of Latvia, including therein the notation referred to in Paragraph two of this Section if information has been received from another European Union Member State regarding granting of international protection or the person has been granted with international protection in the Republic of Latvia.

[13 June 2013]

Section 8.

Granting of the status shall be refused, if a third-country national:

1) has not complied with any of the conditions referred to in Section 3, Paragraph one of this Law;

2) has not submitted all the necessary documents and the Office cannot acquire the relevant information itself;

3) has provided false information;

4) constitutes a threat to national security or public policy and an opinion thereon of the competent security authority has been received;

5) has received a residence permit in the Republic of Latvia for the period of studies of a pupil of an accredited education institution or a full-time student;

6) has requested asylum in the Republic of Latvia, and a final decision has not been taken yet with regard to the application;

7) has requested temporary protection in the Republic of Latvia or he or she has been granted temporary protection in the Republic of Latvia.

[13 June 2013]

Section 9.

A third-country national who has been granted with the status shall have the human rights and obligations set out in the Constitution of the Republic of Latvia, as well as the rights of a non-citizen of Latvia or a foreigner who has received a permanent residence permit in the Republic of Latvia set out in other laws of the Republic of Latvia.

Section 10.

A third-country national shall lose the status and the permit issued thereto shall be annulled, if:

1) he or she has acquired Latvian citizenship;

2) he or she refuses the status;

3) he or she has been deprived of the status.

Section 11.

A third-country national may refuse the status, if he or she:

1) has acquired the citizenship of another Member State of the European Union, European Economic Area State or of the Swiss Confederation;

2) exits for long-term residence in another state or has obtained the status of a long-term resident of the European Union in another state.

[8 July 2011]

Section 12.

(1) A third-country national shall be deprived of the status, if he or she:

1) has acquired the citizenship of another Member State of the European Union, European Economic Area State or of the Swiss Confederation and has not refused the status;

2) has obtained the status of a long-term resident of the European Union in another state and has not refused the status;

3) has provided false information;

4) has been absent from the territory of the European Union for a time period of 12 months or 24 months if, prior to obtaining the status, the third-country national has been a holder of the European Union Blue Card or a family member thereof and his or her absence is related to conducting of economic activity in the status of an employee or a self-employed person or performance of voluntarily service;

5) has been absent from the Republic of Latvia for the time period of six consecutive years;

6) constitutes a threat to national security or public policy and an opinion thereon of the competent security authority has been received;

7) has obtained the status as a person who has been granted with international protection in the Republic of Latvia, and international protection has been revoked for him or her or he or she has lost it.

(2) In the cases referred to in Paragraph one, Clauses 4 and 5 of this Section the status shall not be deprived if the reason of absence has been circumstances beyond control of a third-country national or it is related to receiving an education.

(3) A third-country national shall notify the Office regarding his or her expected absence prior to exiting, by submitting an application and documents certifying the necessity of the absence (continued medical treatment, sending on official travel, entering an educational institution, etc.).

[8 July 2011; 13 June 2013]

Section 13.

A third-country national who has lost the status in the cases referred to in Section 11, Clause 2 and Section 12, Paragraph one, Clauses 2, 4, and 5 of this Law is entitled to request re-acquisition of the status, if he or she has resided in the Republic of Latvia with a temporary residence permit for a time period of two years directly prior to submission of the status request.

Section 14.

(1) If a third-country national has no legal grounds for residing in the Republic of Latvia after he or she has been deprived of the status or after his or her residence permit has been annulled, he or she shall leave the Republic of Latvia within 30 days from the day on which the decision to deprive of the status entered into effect.

(2) If a third-country national has not exited from the Republic of Latvia within the time period referred to in Paragraph one of this Section, a decision to remove him or her shall be taken and the removal shall be performed in accordance with the procedures laid down in the Immigration Law.

(21) If a decision to remove has been taken with regard to a third-country national who has been granted with international protection in another European Union Member State, he or she shall be removed to this Member State, except for the case when he or she poses a threat to national security of the Republic of Latvia or after in respect of him or her a judgement of conviction has entered into effect regarding committing of an especially serious crime, he or she poses a threat to public and, in accordance with the international liabilities of the Republic of Latvia, he or she may be removed to another state.

(3) If a third-country national has been deprived of the status and the residence permit thereof has been annulled in accordance with Section 12, Paragraph one, Clause 6 of this Law and such person is not a non-citizen of Latvia, the Minister for the Interior shall take a decision on his or her forced removal. Forced removal shall be carried out in accordance with the procedures laid down in the Immigration Law.

(4) An entry ban may be determined for a third-country national in the Republic of Latvia in accordance with the procedures laid down in the Immigration Law.

(5) If a decision to grant the status, on the loss of the status, and to annul the residence permit or removal is being appealed, it shall not suspend the operation of the relevant decision.

[13 June 2013]

Section 15.

A third-country national who has obtained the status of a long-term resident of the European Union in another state may enter and reside in the Republic of Latvia in accordance with the procedures laid down in the Immigration Law.

[8 July 2011]

Section 16.

A third-country national who has lost the status may reside in the Republic of Latvia in accordance with the procedures laid down in the Law On the Status of Those Former U.S.S.R. or may enter and reside in accordance with the procedures laid down in the Immigration Law.

Section 17.

(1) The Office shall exchange information with other European Union Member States:

1) inform regarding the issuance or annulment of a residence permit in the Republic of Latvia to a third-country national who has been granted with the status of a long-term resident of the European Union by another European Union Member State;

2) inform regarding the granting of the status to a third-country national who has been granted with the status of a long-term resident of the European Union by another European Union Member State;

3) consult on the removal of a third-country national who has been granted with the status of a long-term resident of the European Union by another European Union Member State;

4) send a request to another European Union Member State asking to update the residence permit of a long-term resident of the European Union issued by such Member State and including the notation referred to in Section 7, Paragraph two of this Law if, after this Member State had granted the status of a long-term resident of the European Union to the third-country national, he or she has been granted international protection in the Republic of Latvia.

(2) Upon receipt of a request from another European Union Member State to provide information regarding the circumstances referred to in Paragraph one of this Section, the Office shall send a reply within one month from the day of receipt of the request.

[13 June 2013]

Transitional Provision

The documents which have been submitted to apply for the status of a long-term resident of the European Union in the Republic of Latvia prior to the day of coming into force of this Law shall be examined in accordance with this Law.

[8 July 2011]

Informative Reference to Directives of the European Union

[8 July 2011; 13 June 2013]

This Law contains legal norms arising from:

1) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents;

2) Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment;

3) Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection (Text with EEA relevance).

This Law has been adopted by the Saeima on 22 June 2006.

Acting for the President,

Chairperson of the Saeima I. Ūdre

Rīga, 7 July 2006

 


1 The Parliament of the Republic of Latvia

Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par Eiropas Savienības pastāvīgā iedzīvotāja statusu Latvijas Republikā Status:
In force
in force
Issuer: Saeima Type: law Adoption: 22.06.2006.Entry into force: 21.07.2006.Theme: Citizenship, migrationPublication: Latvijas Vēstnesis, 107, 07.07.2006.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 15, 10.08.2006.
Language:
LVEN
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