Regulations Regarding Employment of Foreigners

Issued pursuant to
Section 3, Paragraph three and Section 9, Paragraph six
of the Immigration Law

1. This Regulation prescribes:

1.1. the procedures by which a foreigner shall be granted and revoked the right to employment;

1.2. the extent of the information to be included in the Register of Work Permits and the procedures for use thereof.

2. The right of a foreigner to employment shall be certified by the following entries in visa or residence permit:

2.1. "The right to work with no restrictions" - if the foreigner has been granted the right to employment with no restrictions;

2.2. "The right to work with a specific employer" - if the foreigner has been granted the right to employment with restrictions, except the case referred to in Sub-paragraph 2.3 of this Regulation. Entry in the visa shall be made in English - "THE RIGHT TO WORK WITH A SPECIFIC EMPLOYER";

2.3. "The right to work 20 h per week" - if the foreigner has been issued a temporary residence permit in accordance with Section 23, Paragraph one, Clause 10 of the Immigration Law or in relation to student exchange in conformity with Section 23, Paragraph one, Clause 19 of the Immigration Law. If the foreigner has been issued a visa in relation to studies in an educational institution accredited in the Republic of Latvia or in relation to student exchange, entry in the visa shall be made in English: "THE RIGHT TO WORK 20 H PER WEEK";

2.4. "Business" - if the foreigner has been issued a temporary residence permit or a long-term visa as an individual merchant, a member of the board of directors or the 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, registered in the Commercial Register, or a natural person registered as a performer of economic activity, or a foreigner who has been issued a temporary residence permit in accordance with Section 23, Paragraph one, Clause 33 of the Immigration Law. Entry in the visa shall be made in English - "BUSINESS".

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3. If a legal entity which is considered an employer in accordance with the law On State Social Insurance (hereinafter - the employer) is intending to employ a foreigner (except the foreigners referred to in Section 9, Paragraphs three and four of the Immigration Law and in Paragraphs 8 and 9 of this Regulation) by entering into an employment contract, it shall register a vacancy with a branch of the State Employment Agency (hereinafter - the Agency). If the vacancy is vacant for more than one month after registration with a branch of the Agency, the employer may turn to the Office of Citizenship and Migration Affairs (hereinafter - the Office) in order to confirm an invitation for requesting of a visa or a sponsorship for requesting of a residence permit for a foreigner. The application for the abovementioned invitation or sponsorship shall be submitted within 30 days after the date until which the registered vacancy has been or is vacant in the Information System for the Registration of Unemployed Persons and the Registered Vacancies administered by the Agency.

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3.¹ If in accordance with the laws and regulations laying down specialities (professions) in which significant labour shortages are expected it is planned to employ a foreigner in such speciality (profession), the vacancy shall be vacant for at least 10 working days after registration thereof with a branch.

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4. The employer need not register a vacancy with the Agency if:

4.1. employment of the foreigner is intended by entering into a contract for work performance;

4.2. the foreigner performs commercial activity in accordance with Sub-paragraph 2.4 of this Regulation.

5. If it is intended that a foreigner is to be employed by several employers or in several positions or professions by one employer, the foreigner must acquire the right to employment for each type of work, except the case where:

5.1. the employment is related to the performance of commercial activity in accordance with Sub-paragraph 2.4 of this Regulation;

5.2. the foreigner is employed by one employer in another speciality (profession) other than that for the performance of which he or she has been granted the right to employment up to two months in a calendar year, and such employment is related to the replacement of an absent employee.

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6. If employment of a foreigner is related to temporary or irregular stay in the Republic of Latvia which does not exceed 90 days within 180 days, counting from the first day of entry, the Office shall grant the right to employment according to the term of validity of the visa, but not more than the time period indicated in the invitation approved by the Office.

7. If employment of a foreigner is related to stay in the Republic of Latvia which exceeds 90 days within 180 days, counting from the first day of entry, and he or she has been issued a long-term visa, the head of the Office or the authorised official thereof may take a decision to grant the right to employment according to the term of validity of the visa if it conforms to the international liabilities or the State interests of Latvia or is related to force majeure or reasons of humanitarian nature, or substantial personal or professional reasons.

8. If employment of a foreigner is related to temporary or irregular stay in the Republic of Latvia which does not exceed 90 days within 180 days, counting from the first day of entry, the Office shall grant the right to employment (without registering a vacancy with a branch of the Agency) according to the term of validity of the visa to the following persons:

8.1. a foreigner who is intended to be employed in the Republic of Latvia:

8.1.1. as a creative or performing artist, or as an administrative or technical worker involved in ensuring performances (concerts), or as a manager of a cultural institution financed from the State budget or by a local government;

8.1.2. as a teacher at an accredited educational institution;

8.1.3. as an assessor who assesses, accredits and monitors laboratories, certification and inspection institutions;

8.1.4. as an information technologies specialist if he or she has appropriate higher vocational or higher academic education in the field of information technologies and experience in a leading position (for example, project director, quality manager) in the information technologies sector (during the last three years);

8.1.5. as a professional athlete upon the invitation of a sports club;

8.1.6. as a sports coach;

8.1.7. as a vehicle driver for international freight carriage in professions regulated in the field of road transport in accordance with the laws and regulations laying down regulated professions;

8.1.8. in professions regulated in the field of civil aviation in accordance with the laws and regulations laying down regulated professions;

8.1.9. in State organised summer employment events for young persons living in foreign states, at least one of whose parents or grandparents is Latvian or Livonian (Liv);

8.2. a foreigner who:

8.2.1. is a pupil or a student of an educational institution and who has arrived in the Republic of Latvia for field practice or to train at an accredited educational institution of the Republic of Latvia or in a commercial company registered in the Commercial Register;

8.2.2. 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 document (international agreement, intergovernmental agreement, interdepartmental agreement) or project of which the Republic of Latvia is a Member State, a State institution of direct administration or a derived public person;

8.2.3. has invested in the equity capital of a capital company in accordance with Section 23, Paragraph one, Clause 28 of the Immigration Law.

9. The Office shall grant the right to employment (without registering a vacancy with a branch of the Agency) according to the term of validity of a temporary residence permit to the following persons:

9.1. a foreigner who is intended to be employed in the Republic of Latvia:

9.1.1. as a creative or performing artist, or as an administrative or technical worker involved in ensuring performances (concerts), or as a manager of a cultural institution financed from the State budget or by a local government;

9.1.2. as a sports coach;

9.1.3. as a professional athlete upon the invitation of a sports club;

9.1.4. at an accredited educational institution as a teacher;

9.1.5. as a highly-qualified foreigner with the European Union Blue Card;

9.1.6. in accordance with the laws and regulations governing the operation of special economic zones;

9.2. a foreigner who:

9.2.1. is a pupil or a student of an educational institution and who has arrived in the Republic of Latvia for field practice or to train at an accredited educational institution of the Republic of Latvia or in a commercial company registered in the Commercial Register;

9.2.2. 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 document (international agreement, intergovernmental agreement, interdepartmental agreement) or project of which the Republic of Latvia is a Member State, a State institution of direct administration or a derived public person;

9.2.3. 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 to provide services in Latvia;

9.2.4. is an intra-corporate transferee.

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10. The Office shall grant the right to employment to a dependent person of an employee of diplomatic and consular missions or representations of international organisations accredited in the Republic of Latvia after registering a vacancy with a branch of the Agency according to the term of validity of such document which certifies the right of the person to stay in the Republic of Latvia, if an appropriate agreement has not been concluded between the Republic of Latvia and the respective state or international organisation or if the states have not agreed on the application of the principle of reciprocity. Registering of a vacancy with the branch is not necessary, if the person complies with any of the categories referred to in Paragraph 8 or 9 of this Regulation or performs commercial activity in accordance with Sub-paragraph 2.4 of this Regulation.

11. It is permitted to employ a foreigner only in the speciality (profession) for which the right to employment has been granted. If the employer or speciality (profession) changes, the foreigner has a duty to acquire new right to employment in accordance with this Regulation, except the cases referred to in Paragraph 5 of this Regulation. If an entry "Business" is made in the residence permit of the foreigner, he or she must acquire new right to employment only in case if the anticipated employment is not related to performance of commercial activity. If other conditions which formed the basis for granting the right to employment (for example, working hours, place of the performance of work, the amount of work remuneration changes) change, the employer shall, within 3 working days from the moment of change of conditions, inform the Office thereof.

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12. If the term of validity of the granted right to employment expires, new right to employment shall be granted in accordance with the procedures laid down in this Regulation. If the employer wishes to continue employment legal relationships with the same foreigner, the requirements referred to in Paragraph 3 of this Regulation shall not apply to the employer, except the case when the speciality (profession) of the foreigner changes.

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13. The Office shall revoke the right to employment in the following cases:

13.1. if the visa is annulled or revoked or the temporary residence permit is annulled. If the decision to annul or revoke a visa which contains the entry indicated in Paragraph 2 of this Regulation is taken by an authorised official of the diplomatic or consular mission of the Republic of Latvia or of the State Border Guard, he or she shall inform the Office regarding the decision taken within three working days after taking of the decision;

13.2. if the conditions which formed the basis for granting the right to employment to the foreigner have changed.

14. Upon granting the right to employment with restrictions for employment with a specific employer or upon revoking it, the Office shall include the following information in the Register of Work Permits:

14.1. regarding a foreigner:

14.1.1. the given name (names), surname;

14.1.2. the date of birth;

14.1.3. the personal identify number (if such has been assigned to the person);

14.1.4. sex;

14.1.5. nationality and type thereof;

14.1.6. the type of employment;

14.1.7. the profession or position;

14.1.8. the sector;

14.1.9. the amount of work remuneration per month;

14.1.10. the number of working hours per week;

14.1.11. the place of the performance of work;

14.1.12. education;

14.2. regarding the employer - the name and registration number of the employer or the given name (names), surname and personal identity number of the employer, if the employer is a natural person;

14.3. regarding the right to employment:

14.3.1. the institution and official which has granted or revoked the right to employment;

14.3.2. the date when the right to employment was granted, and the term of validity of the right;

14.3.3. the date when the right to employment was revoked, and the reason for revocation;

14.4. service notes in which, if necessary, additional information provided in the submissions of persons, information regarding an employer registered in the European Union Member State, state of the European Economic Area or the Swiss Confederation, who sends the foreigner for provision of services in the Republic of Latvia, as well as information relating to the progress in the matter of the person and taking of the decision to grant or revoke the right to employment shall be indicated.

15. The Register of Work Permits is a State information system managed by the Office.

16. The information included in the Register of Work Permits shall be used by the Office, the State Border Guard, the Agency, the State Labour Inspectorate, the State Revenue Service, the diplomatic and consular missions of the Republic of Latvia in foreign states and other State administrative institutions for the performance of the tasks thereof.

17. Cabinet Regulation No. 553 of 21 June 2010, Regulations Regarding Work Permits for Foreigners (Latvijas Vēstnesis, 2010, No. 100; 2011, No. 9, 117), is repealed.

Informative Reference to Directives of the European Union

This Regulation contains legal norms arising from:

1) Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service;

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 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.

Prime Minister Laimdota Straujuma

Minister for the Interior Rihards Kozlovskis

Translation © 2017 Valsts valodas centrs (State Language Centre)