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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 707
Adopted 16 April 2003

Procedures by which Alien Minors Enter and Reside in the Republic of Latvia Unaccompanied by Parents or Guardians

Issued pursuant to
Section 7 of the Immigration Law

1. These Regulations prescribe the procedures for the entry and residence of those alien minors who enter into and reside in the Republic of Latvia unaccompanied by their parents or guardians (hereinafter - alien minor).

2. An alien shall be recognised as a minor pursuant to the regulatory enactments of the Republic of Latvia.

3. The entry into and residence of alien minors in the Republic of Latvia shall be documented and controlled by the State Border Guard, the Office of Citizenship and Migration Affairs (hereinafter - Office) and the State Police in co-operation with the Ministry of Foreign Affairs, Orphan's courts (Parish courts) and local governments.

4. Expenses for the accommodation of an alien minor on the premises of the State Border Guard or at the Prevention Centre for Minors under the State Police (hereinafter - prevention centre), as well as expenses for their stay at a child care or instructional institution (hereinafter - instructional institution) shall be covered in accordance with regulatory enactments regulating the field of social services and social assistance.

5. In order to enter into the Republic of Latvia, an alien minor needs the documents specified in Section 4 of the Immigration Law.

6. A travel document of an alien minor (hereinafter - document) shall be valid for entry into the Republic of Latvia if:

6.1. the term of validity thereof exceeds the period of time of the planned residence in the Republic of Latvia by at least three months;

6.2. it has at least two free pages for the adhesion of visas and service notes regarding the crossing of the State border;

6.3. it contains personal data and a photo of the alien minor;

6.4. it does not contain any non-approved corrections by the issuer of the document;

6.5. it does not contain any indications of falsification; and

6.6. it does not have any mechanical damage or stains due to which it is not possible to identify the holder of the document, to read the data or to determine any possible falsifications of the document.

7. If a group of pupils in which the pupils are citizens of such country who require a visa in order to enter into the Republic of Latvia, but who have a residence permit issued by any European Union Member State, wishes to enter into the Republic of Latvia or pass in transit across the territory thereof, a visa is not required in the following cases:

7.1. where the pupils are travelling in a group of pupils from a general educational institution and have set off on an excursion organised by the respective educational institution;

7.2. where a teacher who is accompanying the pupils from the general educational institution presents the list of this group of pupils issued by the relevant educational institution; and

7.3. where each pupil presents a valid document for crossing the border of the Republic of Latvia.

8. If an official of the State Border Guard determines that an alien minor who does not have any of the documents specified in Section 4 of the Immigration Law wishes to cross the border of the Republic of Latvia, but his or her identity is known, the official of the State Border Guard, in order to direct this alien minor to the relevant state, shall immediately contact such a competent authority located in the state of citizenship or home country of the alien minor, or in a state in which his or her relatives reside, or in a state which is prepared to host this alien minor and which can provide for him or her the appropriate accommodations and care (hereinafter - admitting country).

9. If an alien minor the identity of whom is not known wishes to cross the border of the Republic of Latvia, the official of the State Border Guard shall immediately begin to ascertain the identity of the alien minor. Whilst the identity of the alien minor is being ascertained, the State Border Guard has the right to temporarily detain and accommodate him or her on the premises of the Territorial division of the State Border Guard, (separately from adult persons), providing him or her with the appropriate nutrition and medical assistance.

10. If, taking into account the age or physical and psychological development of an alien minor, it is not possible to provide appropriate conditions of accommodation for him or her at the Territorial division of the State Border Guard, the alien minor shall be placed in the nearest Prevention Centre.

11. In order to ascertain the identity of an alien minor, he or she shall be interviewed by an official of the State Border Guard specially trained for such work.

12. If within a time period of 72 hours it is not possible to ascertain the identity of an alien minor, the State Border Guard shall place him or her in the nearest Prevention Centre.

13. If the State Border Guard in co-operation with the Consular Department of the Ministry of Foreign Affairs (hereinafter - Consular Department) is not able to determine the identity of an alien minor, the State Border Guard shall inform thereof the Territorial Division of the State Police in the administrative territory of which the alien minor has been detained. An official of the relevant Territorial Division of the State Police shall issue an order regarding the placement of the alien minor at the instructional institution in that administrative territory in which he or she has been detained.

14. After ascertaining of the identity of an alien minor, the State Border Guard shall inform the Consular Department thereof. The Consular department shall contact the Consular and Diplomatic representation, the relevant competent institutions or non-governmental organisations which monitor the observance of children's rights in the host country, and shall perform other measures necessary for directing him or her to the host country.

15. If an alien minor staying in the Republic of Latvia has been left without parental or guardian care, he or she shall be placed at the nearest instructional institution or an interim guardian shall be appointed temporarily for this alien minor by an Orphan's court (parish court), in accordance with the procedures specified by the Civil Law, while he or she is staying in the Republic of Latvia.

16. A manager of the relevant institution shall perform the duties of guardian to the alien minor placed in the Prevention Centre or instructional institution.

17. If the identity of the alien minor referred to in Paragraph 15 of these Regulations is not known, the official of the State Border Guard shall ascertain the country of his or her citizenship or home country and, in co-operation with the Consular Department, shall ascertain his or her identity.

18. If the identity of the alien minor referred to in Paragraph 15 of these Regulations is known, the administration shall inform the Consular Department thereof. The Consular Department shall contact the Diplomatic and Consular representation, the relevant competent institutions or non-governmental organisations of the host country which control the observance of children's rights, and shall perform other measures necessary for directing him or her to the host country.

19. The State Border Guard, in co-operation with the competent institutions or non-governmental organisations of the host country, shall ensure the sending of the alien minor to the host country.

20. If the sending of an alien minor to the host country endangers his or her life or health, in light of humanitarian considerations, an official authorised by the head of the administration shall take a decision to issue a temporary residence permit (until a change of the situation in the host country).

21. If an alien minor who has not reached the age of 10 years is residing illegally in the Republic of Latvia and it has not been possible within a year's time to ascertain his or her identity, at the proposal of the head of the administration, the General Registry Office shall, according to the actual place of residence of the alien minor, assign him or her a new identity.

22. If the alien minor is between 10 to 16 years of age and his or her identity has not been ascertained, after reaching the age of majority, at the proposal of the head of the administration, the General Registry Office shall, according to the actual place of residence of the alien minor, assign him or her a new identity.

23. If a new identity has been assigned to an alien minor, he or she may be adopted five years after the assignation thereof.

24. A residence permit shall be granted in accordance with the procedures specified in the Immigration Law.

25. An alien minor residing in an instructional institution shall attend the educational institution according to his or her physical and mental development. Expenses related to the serving of food for him or her at the educational institution shall be covered by the respective instructional institution.

26. Social guarantees intended for children left without parental care specified in other regulatory enactments do not apply to an alien minor.

27. An alien minor may request Latvian citizenship in accordance with the procedures specified by the regulatory enactments regulating the naturalisation of persons.

28. If an alien minor who has not reached the age of 16 years is residing illegally in the Republic of Latvia and his or her identity has not been ascertained, or there is a reason to believe that he or she will interfere with the implementation of his or her expulsion from the state, this alien minor shall be detained in accordance with the procedures specified by the Immigration Law and shall be placed in the accommodation centre for illegal immigrants (separately from adult persons).

29. The alien minor referred to in Paragraph 28 of these Regulations shall be expelled from the Republic of Latvia in accordance with the procedures specified by the Immigration Law.

30. Paragraph 7 of these Regulations comes into force on 1 May 2004.

Prime Minister E. Repše

Minister for the Interior M. Gulbis


Translation © 2005 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Kārtība, kādā Latvijas Republikā ieceļo un uzturas nepilngadīgi ārzemnieki bez vecāku vai aizbildņu .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 707Adoption: 16.12.2003.Entry into force: 20.12.2003.Publication: Latvijas Vēstnesis, 180, 19.12.2003.
Language:
LVEN
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