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The translation of this document is outdated.
Translation validity: 30.05.2008.–30.06.2010.
Amendments not included: 21.06.2010.

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

 

Republic of Latvia

Cabinet
Regulation No. 365
Adopted 26 May 2008

Procedures by which an Assessment of Accessible Information is Performed in Reviewing the Documents of a Third-country National Requesting a Visa or Residence Permit

Issued pursuant to
Section 4, Paragraph eight of the
Immigration Law

1. These Regulations prescribe the procedures by which an assessment of accessible information is performed regarding whether the entry of a third-country national will not cause a threat to State security or public order and safety (hereinafter - additional assessment), in processing the documents of a third-country national applying for a visa or residence permit, who is the citizen of such a state for citizens of which an additional assessment shall be performed on issuing a visa or residence permit, or who has had the status of a stateless person or refugee granted in a foreign state (hereinafter - third-country national).

2. During the period of additional assessment the Security Police and the Constitution Protection Bureau shall provide information regarding whether a third-country national on entering and residing in the Republic of Latvia will create a threat to State security or public order and safety (hereinafter - opinion).

3. An invitation for obtaining a visa shall be examined additionally according to the following procedures:

3.1. the Office of Citizenship and Migration Affairs (hereinafter - the Office), when receiving an application for an invitation, shall without delay inform the Security Police electronically regarding the necessity for the performance of an additional assessment, making the relevant service remarks in the invitation part of the uniform visa information system (hereinafter - invitation database );

3.2. the Security Police shall commence an additional assessment on the day when the relevant invitation is marked in the invitation database as the one to be verified ; and

3.3. the Security Police shall provide an opinion to the Office within two working days after the relevant invitation is marked in the invitation database as the one to be verified by making the relevant service remarks in the invitation database.

4. A sponsorship for the receipt of a residence permit shall be additionally assessed according to the following procedures:

4.1. the Office, when receiving an application for sponsorship of a third-country national, shall without delay inform the Security Police electronically regarding the necessity for the performance of an additional assessment, making the relevant service remarks in the invitation database;

4.2. the Security Police shall provide an opinion to the Office within two working days after the relevant invitation is marked in the invitation database as the one to be verified by making the relevant service remarks in the invitation database; and

4.3. if a longer period of time is necessary for the provision of an opinion than specified in Sub-paragraph 4.2 of these Regulations, the Security Police shall without delay inform the Office and provide an opinion to the Office within nine working days.

5. If a visa is being requested from a diplomatic or consular representation of the Republic of Latvia (hereinafter - representation) or the Consular Department of the Ministry of Foreign Affairs (hereinafter - Department), the request for a visa shall be additionally assessed according to the following procedures:

5.1. the representation or the Department, having received the documents of a third-country national requesting a visa, shall without delay make the relevant service remarks in the national visa information system and send the documents electronically to the Office, the Security Police and the Constitution Protection Bureau;

5.2. the Security Police and the Constitution Protection Bureau shall provide an opinion to the Office within three working days after receipt of the documents of a third-country national requesting a visa by the relevant institution, making a relevant service remark in the national visa information system;

5.3. if an application for a visa is received from a third-country national who is the family member of a citizen of a European Union Member State, European Economic Area State or the Swiss Confederation, the Security Police and Constitution Protection Bureau shall provide an opinion without delay, but not later than within one working day after receipt of the documents of a third-country national requesting a visa by the relevant authority, making a relevant service remark in the national visa information system;

5.4. if conditions are established, due to which a third-country national may not enter the Republic of Latvia, the Security Police or the Constitution Protection Bureau shall without delay inform the Office regarding the necessity of a longer period of time for the provision of an opinion than specified in Sub-paragraphs 5.2 and 5.3 of these Regulations and shall provide an opinion to the Office within eight working days, making a relevant service remark in the national visa information system. If it is necessary to obtain additional information for provision of an opinion, the Office shall extend the time period for prior consultations to 29 days. In individual cases the time period for additional assessment may be extended up to 84 days;

5.5. the Office shall inform electronically the representation or the Department regarding the extension of the time period specified in Sub-paragraph 5.4 of these Regulations within one working day; and

5.6. the Office shall aggregate the opinions of the Security Police and the Constitution Protection Bureau and shall provide a final opinion to the representation or the Department within one working day following receipt thereof.

6. If a visa is requested at a border control point, the request for a visa shall be additionally assessed according to the following procedures:

6.1. the State Border Guard, having received the documents of a third-country national requesting a visa, shall without delay inform the Security Police by phone regarding the necessity of additional assessment and send the documents to the Security Police electronically; and

6.2. the Security Police shall provide an opinion to the State Border Guard without delay following receipt of the necessary information by the Security Police.

7. If a visa with a remark "Service visa" or "Diplomatic visa" is requested at a border control point, the request for the visa shall also be additionally assessed by the Constitution Protection Bureau in accordance with the procedures specified in Paragraph 6 of these Regulations.

8. If a request of a visa with a remark "Service visa" or "Diplomatic visa" has been received in the Department for receipt of a visa at a border control point, the request for the visa shall be additionally assessed according to the following procedure:

8.1. the Department shall send the document to the Security Police and the Constitution Protection Bureau;

8.2. the Security Police and the Constitution Protection Bureau shall without delay provide an opinion regarding the request of the Department, but not later than one working day before the date of entry of the third-country national indicated in the request; and

8.3. after receipt of an opinion of the Security Police and the Constitution Protection Bureau the Department shall without delay inform the State Border Guard thereof in writing.

9. If a request for a visa has been assessed in accordance with the procedures specified in Paragraph 8 of these Regulations, the additional assessment referred to in Paragraphs 6 and 7 shall not be performed.

10. If a visa is being requested from the Office and an invitation approved by the Office is not necessary for taking a decision regarding the issuing of a visa, the request for a visa shall be additionally assessed according to the following procedures:

10.1. the Office, having received the documents of a third-country national requesting a visa, shall without delay make the relevant service remarks in the national visa information system and send the documents electronically to the Security Police;

10.2. the Security Police shall provide an opinion to the Office without delay, but not later than within one working day following receipt of the documents of the third-country national requesting a visa by the Security Police; and

10.3. if conditions are established, due to which a longer period of time is necessary for the provision of an opinion than specified in Sub-paragraph 10.2 of these Regulations, the Security Police shall without delay inform the Office about it and provide an opinion to the Office within a time period that does not exceed the period of validity of the previous visa issued to the third-country national.

11. If a request for a residence permit has been received, it shall additionally be assessed according to the following procedures:

11.1. the Office, having received the documents of a third-country national requesting a residence permit, shall without delay send these electronically to the Security Police and the Constitution Protection Bureau. Documents for a request of a repeated residence permit shall be sent to the Security Police only;

11.2. the Security Police and the Constitution Protection Bureau shall provide an opinion to the Office electronically within nine working days following receipt of the documents of a third-country national requesting a residence permit by the Security Police and the Constitution Protection Bureau; and

11.3. if it is necessary to issue a residence permit under the accelerated procedure, the Office shall make a remark in the documents requesting a residence permit being sent to the Security Police and the Constitution Protection Bureau, indicating why it is necessary to issue a residence permit under the accelerated procedure. The Security Police and the Constitution Protection Bureau shall provide an opinion to the Office within two working days or inform the Office that it is not possible to perform an additional assessment under the accelerated procedure, and provide an opinion according to the procedures referred to in Sub-paragraph 11.2 of these Regulations.

12. The Security Police and the Constitution Protection Bureau shall provide a negative opinion to the Office, the State Border Guard and the Department in writing. If it is not possible to provide an opinion in writing at the time of provision thereof, the opinion shall be provided by telephone and within one working day - in writing.

13. If an opinion is not provided in the specified term or if information regarding an extension of the term is not received, it shall be considered that a positive opinion has been received. The final opinion shall be positive if all opinions of institutions referred to in these Regulations are positive.

14. An additional assessment shall not be performed if:

14.1. an invitation or sponsorship is approved or a visa or residence permit is issued, based on a request by the Security Police or the Constitution Protection Bureau; or

14.2. a residence permit is issued to a third-country national who has requested this from the representation and an additional assessment has been performed, in taking a decision regarding issuance of a residence permit.

15. Cabinet Regulation No. 107 of 13 February 2007, Regulations regarding the Procedures by which an Assessment of Accessible Information is Performed in Reviewing the Documents of a Third-country National Requesting a Visa or Residence Permit (Latvijas Vēstnesis [the official Gazette of the Government of Latvia], 2007, No. 28) is repealed.

Prime Minister I. Godmanis

Minister for the Interior M. Segliņš

 


Translation © 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Kārtība, kādā veic pieejamās informācijas pārbaudi, izskatot ārzemnieka vīzas vai uzturēšanās .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 365Adoption: 26.05.2008.Entry into force: 30.05.2008.Publication: Latvijas Vēstnesis, 83, 29.05.2008.
Language:
LVEN
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