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<strong>POLICY</strong> <strong>REPORT</strong><br />

<strong>ON</strong> IMMIGRATI<strong>ON</strong> <strong>AND</strong> <strong>ASYLUM</strong><br />

<strong>IN</strong> <strong>LATVIA</strong>:<br />

REFERENCE YEAR 2010<br />

Riga, December 2010


2<br />

Latvian contact point of the European Migration Network<br />

is responsible for the development of this report<br />

The Office of Citizenship and Migration Affairs is<br />

Latvian Contact Point of the European Migration Network<br />

Authors of the report:<br />

Ilze Siliņa-Osmane, Expert of the Latvian contact point of the European Migration Network<br />

Linda Krūmiņa, Expert of the Latvian contact point of the European Migration Network<br />

Mareks Hoņavko, Head of the Division of Affairs of Return and Asylum Seekers of the<br />

Service Organization Department, Central Board of the State Border Guard<br />

Reviewers:<br />

Jānis Citskovskis, Deputy Head of the Office of Citizenship and Migration Affairs<br />

Ilze Briede, Head of the Migration Division of the Office of Citizenship and Migration Affairs<br />

Līga Vijupe, Head of the Asylum Affairs Division of the Office of Citizenship and Migration<br />

Affairs<br />

Sanda Kundrāte, Head of the Person Status Control Division of the Office of Citizenship and<br />

Migration Affairs<br />

Ilona Ceļmalniece, Senior Desk Officer of the Legal and European Affairs Division of the<br />

Office of Citizenship and Migration Affairs<br />

Lāsma Stabiņa, Senior Desk Officer of the Policy Enforcement Division, the Area Policy<br />

Department of the Ministry of Interior<br />

Ilona Lulberga, Senior Desk Officer of the Policy Planning Division, the Area Policy<br />

Department of the Ministry of Interior<br />

Elīna Grintāle, 3 rd Secretary of the Schengen Divison of the Consular Department, the<br />

Ministry of Foreign Affairs<br />

Anita Kleinberga, Senior Desk Officer of the Social Integration Affairs Department of the<br />

Ministry of Justice<br />

Contacts:<br />

Čiekurkalna 1 st line 1, B-3<br />

Riga, Latvia, LV-1026<br />

Telephone: +371 67219492<br />

Fax: +371 67219431<br />

E-mail: emn@pmlp.gov.lv<br />

Web: www.emn.lv


3<br />

TABLE OF C<strong>ON</strong>TENTS<br />

EXECUTIVE SUMMARY 5<br />

1. <strong>IN</strong>TRODUCTI<strong>ON</strong> 7<br />

1.1. METHODOLOGY 7<br />

1.2. TERMS <strong>AND</strong> DEF<strong>IN</strong>ITI<strong>ON</strong>S 7<br />

2. POLITICAL <strong>AND</strong> LEGAL FRAMEWORK 9<br />

2.1. STRUCTURE OF THE POLITICAL SYSTEM <strong>AND</strong> <strong>IN</strong>STITUTI<strong>ON</strong>AL<br />

C<strong>ON</strong>TEXT<br />

2.2. STRUCTURE OF THE LEGAL SYSTEM<br />

3. POLITICAL, LEGAL <strong>AND</strong> <strong>IN</strong>STITUTI<strong>ON</strong>AL DEVELOPMENTS <strong>IN</strong> <strong>LATVIA</strong><br />

<strong>IN</strong> THE FIELD OF MIGRATI<strong>ON</strong> <strong>AND</strong> <strong>ASYLUM</strong><br />

9<br />

10<br />

11<br />

3.1. MA<strong>IN</strong> POLITICAL CHANGES<br />

3.2. MA<strong>IN</strong> <strong>POLICY</strong> <strong>AND</strong> LEGISLATIVE IMPROVEMENT DEBATES<br />

11<br />

12<br />

3.3. MA<strong>IN</strong> <strong>IN</strong>STITUTI<strong>ON</strong>AL CHANGES<br />

17<br />

4. LEGAL IMMIGRATI<strong>ON</strong> <strong>AND</strong> <strong>IN</strong>TEGRATI<strong>ON</strong> 19<br />

4.1. EC<strong>ON</strong>OMIC MIGRATI<strong>ON</strong> 19<br />

4.1.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 19<br />

4.1.2. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 22<br />

4.2. FAMILY REUNIFICATI<strong>ON</strong> 25<br />

4.2.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 25<br />

4.2.2. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 25<br />

4.3. OTHER LEGAL IMMIGRATI<strong>ON</strong> 28<br />

4.3.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 28<br />

4.3.2. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 32<br />

4.4. <strong>IN</strong>TEGRATI<strong>ON</strong> 33<br />

4.4.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 33<br />

4.4.2. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 34<br />

4.5. CITIZENSHIP <strong>AND</strong> NATURALISATI<strong>ON</strong> 40<br />

4.5.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 40<br />

5. ILLEGAL IMMIGRATI<strong>ON</strong> <strong>AND</strong> RETURN 42<br />

5.1. ILLEGAL IMMIGRATI<strong>ON</strong> 42<br />

5.1.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 42


4<br />

5.1.2. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 42<br />

5.2. RETURN 47<br />

5.2.1. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 47<br />

5.3. PREVENTI<strong>ON</strong> OF HUMAN TRAFFICK<strong>IN</strong>G 50<br />

5.3.1. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 50<br />

6. BORDER C<strong>ON</strong>TROL 52<br />

6.1. C<strong>ON</strong>TROL <strong>AND</strong> M<strong>ON</strong>ITOR<strong>IN</strong>G OF IMMIGRATI<strong>ON</strong> <strong>ON</strong> THE<br />

52<br />

EXTERNAL BORDERS<br />

6.1.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 52<br />

6.1.2. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 53<br />

6.2. COOPERATI<strong>ON</strong> <strong>IN</strong> BORDER C<strong>ON</strong>TROL 55<br />

6.2.1. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 55<br />

7. <strong>IN</strong>TERNATI<strong>ON</strong>AL PROTECTI<strong>ON</strong> <strong>AND</strong> <strong>ASYLUM</strong> 62<br />

7.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 62<br />

7.2. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 64<br />

8. UNACCOMPANIED M<strong>IN</strong>ORS 68<br />

8.1. CHANGES <strong>IN</strong> THE NATI<strong>ON</strong>AL PERSPECTIVE 68<br />

9. GLOBAL APPROACH TO MIGRATI<strong>ON</strong> 68<br />

9.1. CHANGES <strong>IN</strong> THE EUROPEAN UNI<strong>ON</strong> PERSPECTIVE 68<br />

10. IMPLEMENTATI<strong>ON</strong> OF EUROPEAN UNI<strong>ON</strong> LEGISLATI<strong>ON</strong> 71<br />

LIST OF USED LITERATURE <strong>AND</strong> SOURCES 76<br />

ANNEX OF THE EUROPEAN PACT <strong>ON</strong> IMMIGRATI<strong>ON</strong> <strong>AND</strong> <strong>ASYLUM</strong> <strong>AND</strong> 89<br />

THE STOCKHOLM PROGRAMME


5<br />

EXECUTIVE SUMMARY<br />

According to Clause 1, Article 9 of<br />

European Union Council Decision<br />

No.2008/381/EC of 14 May 2008<br />

establishing the European Migration<br />

Network 1 (henceforth – the EMN) each<br />

national contact point of the EMN shall<br />

submit a report on an annual basis, by<br />

providing detailed description of the<br />

situation in the field of migration and<br />

asylum in the relevant Member State by<br />

including political developments and<br />

statistical data.<br />

The Policy Report on the migration<br />

and asylum situation in Latvia in year 2010<br />

gives an overview on development and<br />

changes of policy and legislation of<br />

migration and asylum, on the basis of the<br />

implementation of the European Pact on<br />

Immigration and Asylum and the<br />

Stockholm Programme.<br />

This Policy Report is the fifth<br />

overview prepared by the Office of<br />

Citizenship and Migration Affairs as<br />

Latvian contact point of the EMN. Policy<br />

Report on the migration and asylum<br />

situation in Latvia in years 2006, 2007,<br />

2008 and 2009 can be downloaded from<br />

the homepage of the EMN Latvian contact<br />

point www.emn.lv.<br />

The purpose of this report is to<br />

disclose the major political changes in the<br />

field of migration and asylum in Latvia.<br />

The report has three principal objectives –<br />

to describe changes in national legislation,<br />

administrative practice and political and<br />

public debates in the field of migration and<br />

asylum, to include information regarding<br />

the implementation of the European Pact<br />

on Immigration and Asylum and the<br />

Stockholm Programme in Latvia, to<br />

document the situation of European<br />

legislation and effect of European political<br />

events in Latvia.<br />

1 European Union Council Decision<br />

No.2008/381/EC of 14 May 2008 establishing the<br />

European Migration Network.// Official Journal, L<br />

131, 21.05.2008.<br />

The Report is developed on the<br />

basis of the specification produced by the<br />

European Commission and adopted by the<br />

national contact points of the EMN.<br />

All the information included in the<br />

Report is reflected both from the national<br />

perspective and the perspective of the<br />

European Union that is based on the<br />

implementation of the European Pact on<br />

Immigration and Asylum and the<br />

Stockholm Programme.<br />

The results of the EMN contact<br />

points of 26 states involved in the<br />

development of the Report will be<br />

summarized in the synthesis by making<br />

comparison to define tendencies and to<br />

monitor the political events in the field of<br />

migration and asylum in the European<br />

Union. The synthesis report will be used in<br />

the annual debates of the European<br />

Council in mid 2011.<br />

The first section of this Report<br />

describes the applied methodology,<br />

explains the terms used as well as<br />

definitions and methods for selection of<br />

data sources, as well as institutions that<br />

provided support in acquisition and<br />

summarising of information have been<br />

listed.<br />

In the second section of this Report,<br />

the political structure of Latvia and the<br />

institutional context in the field of<br />

migration and asylum is examined by<br />

mentioning the main changes in the<br />

general structure of the political and legal<br />

system.<br />

In the third section, the political,<br />

legal and institutional developments in the<br />

field of migration and asylum of Latvia is<br />

described by including the main political,<br />

institutional changes and the main debates<br />

regarding improvement of policy and<br />

legislation in the field of migration and<br />

asylum of Latvia.<br />

The fourth section summarises<br />

changes in the field of legal migration and<br />

integration, by including such aspects as


6<br />

economic migration, family reunification,<br />

integration, acquisition of citizenship and<br />

the naturalisation process.<br />

In the fifth section, changes have<br />

been summarised in the field of illegal<br />

migration and return, by including the<br />

progress achieved in prevention of human<br />

trafficking, international cooperation of<br />

responsible institutions.<br />

The sixth section informs about the<br />

progress of responsible institutions in the<br />

field of border control and representation<br />

of Schengen visas.<br />

In the seventh section, information<br />

is provided regarding the progress in the<br />

field of international defence and asylum.<br />

In the eighth section, the progress<br />

in the field of unaccompanied minors has<br />

been assessed, in the national perspective.<br />

In the ninth section, information is<br />

provided regarding the global approach to<br />

migration by examining the progress in<br />

international cooperation in both national<br />

and the EU perspectives.<br />

In the tenth section, the progress of<br />

adoption of the EU legislation into national<br />

legislation and administrative practice is<br />

examined.


7<br />

1. <strong>IN</strong>TRODUCTI<strong>ON</strong><br />

1.1. Methodology<br />

The Policy report on the migration and asylum situation in Latvia in year 2010 is<br />

developed according to the specification and structure elaborated by the European Commission<br />

and approved by the national control points of the EMN.<br />

To display most substantial changes and improvements of policy and legislation in the<br />

field of migration and asylum in Latvia, on the basis of the information about implementation<br />

of the European Pact on Immigration and Asylum and the Stockholm Programme, experts from<br />

the Ministry of Interior, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of<br />

Welfare, the State Border Guard, the Court Administration, the Organized Crime Combating<br />

Division of the Main Criminal Police Board of the State Police, and the Office of Citizenship<br />

and Migration Affairs were involved in the development of the Report.<br />

To reach the society in political and public debates, as well as in evolution of national<br />

legislation in the field of migration and asylum state institutions, non-governmental<br />

organisations, academics and media mostly use the web. Therefore in the development of the<br />

Report mostly the web was used, to oversee and appraise latest articles, opinions and debates<br />

on the matters on migration and asylum in Latvia. News portals www.apollo.lv, www.delfi.lv,<br />

www.tvnet.lv, www.diena.lv, www.la.lv, www.db.lv, www.nra.lv, www.lv.lv, www.ir.lv, were<br />

used in the development of the Report, as well as legislation portal of the Republic of Latvia:<br />

www.likumi.lv, specialised information portals for refugees and asylum seekers:<br />

www.patverums-dm.lv, portal of social policy www.politika.lv, and information available and<br />

provided on the external homepages of the Central Election Commission www.cvk.lv, the<br />

Saeima www.saeima.lv, the Cabinet of Ministers www.mk.gov.lv and the involved ministries.<br />

When preparing the Report, special criteria were not used to verify significance of<br />

articles, publications, opinions and debates.<br />

1.2. Terms and Definitions<br />

Foreigner – a person who is not a Latvian citizen or non-citizen of Latvia. 2<br />

Third-country national – any person who is not a citizen of the Republic of Latvia, other<br />

Member State of the European Union, the European Economic Area or the Swiss<br />

2<br />

Immigration Law.// The Latvian Herald, No.169, 20.11.2002.


8<br />

Confederation. 3 Regulatory enactments of the Republic of Latvia use term third-country<br />

national for term foreigner, thus both terms are used in the Report.<br />

Following terms will be introduced in the legislation of Latvia together with the adaption of the<br />

draft law “Amendments to the Immigration Law” that was examined at the meeting of the<br />

Cabinet of Ministers on December 21, 2010 and that will be submitted to the Saeima<br />

(Parliament) in the nearest future:<br />

Return decision – an administrative act in which it is indicated or determined that stay of a<br />

third-country national is illegal, and the obligation of return is decided or determined in it,<br />

which the third-country national must fulfil voluntarily within a specified period.<br />

Illegal stay – stay of a third-country national in the territory of the Republic of Latvia, which<br />

complies or does not comply anymore with the provisions stated in Article 5 of Regulation No.<br />

562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a<br />

Community Code on the rules governing the movement of persons across borders (henceforth<br />

– Regulation No. 562/2006 of the European Parliament and of the Council of 15 March 2006)<br />

or provisions on entry or residence stated in the said Law.<br />

Obligation to return – an obligation of a third-country national to leave the territory of a<br />

Member State of the European Union and to return to his or her country of origin, transit third<br />

country or another third country which is receiving him or her back. Obligation to return may<br />

be voluntary or forced.<br />

Decision on forced return – an administrative deed specifying that the stay of a third-country<br />

national is illegal and by which forced fulfilment of the obligation to return is determined.<br />

European Union Blue Card – a residence permit issued to a third-country national in case of<br />

high qualification employment who:<br />

a) performs specified work for an agreed payment under supervision of an employer in<br />

the Republic of Latvia;<br />

b) has acquired higher education with the duration of studies programme at least three<br />

years in a relevant speciality or field specified in an employment contract or a draft<br />

contract.<br />

3 Treaty establishing the European Community (Consolidated Version).// Official Journal C 325, 24.12.2002.


9<br />

2. POLITICAL <strong>AND</strong> LEGAL FRAMEWORK<br />

2.1. Structure of the Political System and Institutional Context<br />

There are no significant changes in the political structure of Latvia since 2006. Still, the<br />

Ministry of Interior is the main state administration institution in the field of internal affairs,<br />

which also develops and implements the policy in the field of migration. Besides the Ministry<br />

of Interior, the Ministry of Foreign Affairs, the Ministry of Welfare, the Ministry of<br />

Economics, the Ministry of Health, the Ministry of Education and Science, the Ministry of<br />

Justice, as well as state security institutions and local governments are also dealing with<br />

questions of migration and asylum. The above-mentioned state administration institutions<br />

within their competence are mutually cooperating to implement principles of good governance.<br />

On 12 March 2010, Cabinet Regulation No.15 of 16 February 2010 "Amendments to<br />

Cabinet Regulation No. 811 of 3 October 2006 "Regulation of the Office of Citizenship and<br />

Migration Affairs"" 4 entered into force. The Regulation supplements the scope of tasks for<br />

direct administration of the Office of Citizenship and Migration Affairs related to the joining of<br />

the Naturalisation Board, and also specifies the procedure of appeal of administrative deeds or<br />

actual conduct of the head of the Office of Citizenship and Migration Affairs by stating that a<br />

relevant application shall be submitted to the Ministry of Interior. 5<br />

On 7 December 2010, the Cabinet of Ministers made a decision to transfer the society<br />

integration function from the Ministry of Justice to the Ministry of Culture in its turn<br />

immigrant integration functions to the Ministry of Interior. In accordance with the protocol<br />

decision (Prot. No. 11 41.§) of 22 February, 2011 the Cabinet of Ministers has made the<br />

Ministry of Culture to take over also the development and implementation of immigrant<br />

integration policy and implementation of the supervisory function over the European Fund for<br />

the Integration of the third-country nationals. 6<br />

4 Cabinet Regulation No.153 of 16 February 2010 "Amendments to the Cabinet Regulation No. 811 of 3 October<br />

2006 "Regulation of the Office of Citizenship and Migration Affairs"".// The Latvian Herald, No.40, 11.03.2010.<br />

5 Executive Summary to the Cabinet of Ministers Draft Regulation "Amendments to the Cabinet Regulation No.<br />

811 of 3 October 2006 "Regulation of the Office of Citizenship and Migration Affairs"".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40163587 – [see: 29.01.2010]<br />

6 Sabiedrības integrācijas funkciju nodos Kultūras un Iekšlietu ministrijām (Social Integration Function will be<br />

Transferred to the Ministries of Culture and Interior.)//<br />

http://www.mk.gov.lv/lv/aktuali/zinas/2010gads/12/071210-tm-16/ - [see: 07.12.2010]<br />

Ministru kabineta noteikumu projekta „Grozījumi Ministru kabineta 2003.gada 29.aprīļa noteikumos Nr.243<br />

„Tieslietu ministrijas nolikums”” anotācija ()// http://www.mk.gov.lv/lv/mk/tap/pid=40209810- [see.09.03.2011]


10<br />

2.2. Structure of the Legal System<br />

In year 2010, the legal system in the field of migration and asylum has not substantially<br />

changed. The Immigration Law and its subordinate regulations of the Cabinet of Ministers still<br />

define procedure of entry, residence, transit, departure and detention of a foreigner, as well as<br />

procedure according to which foreigners are held in guard in the Republic of Latvia and<br />

expelled from it, in order to ensure the execution of migration policy according to rules of<br />

international law and state interests of Latvia. The Asylum Law 7 and its subordinate regulations<br />

of the Cabinet of Ministers ensure the rights of an individual to receive asylum in the Republic<br />

of Latvia, as well as temporary protection, acquire the status of a refugee or alternative status.<br />

But Law “On Status of Permanent Resident of the European Community in the Republic of<br />

Latvia” 8 determines the procedure of granting and losing of the status of permanent resident of<br />

the European Community in the Republic of Latvia according to Council Directive<br />

2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are<br />

long-term residents of a member state 9 .<br />

7 Asylum Law. The Latvian Herald No.100 30.06.2009.<br />

8 Law "On Status of Permanent Resident of the European Community in the Republic of Latvia". The Latvian<br />

Herald No.107 07.07.2006.<br />

9 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are<br />

long-term residents. Official Journal L 016 23.01.2004.


11<br />

3. POLITICAL, LEGAL <strong>AND</strong> <strong>IN</strong>STITUTI<strong>ON</strong>AL DEVELOPMENTS <strong>IN</strong><br />

<strong>LATVIA</strong> <strong>IN</strong> THE FIELD OF MIGRATI<strong>ON</strong> <strong>AND</strong> <strong>ASYLUM</strong><br />

3.1. Main Political Changes<br />

There were significant changes in the state policy in 2010: one of the political parties of<br />

the government decided to leave in spring, but a regular election of the Saeima (Parliament)<br />

was held in autumn.<br />

On 17 March 2010, Tautas partija (People’s Party) at a joint meeting of the Saeima<br />

group and its board decided to leave the government led by Prime Minister, Valdis<br />

Dombrovskis 10 . Representatives of Tautas partija: the Minister of Foreign Affairs, the Minister<br />

of Regional Development and Local Government, the Minister of Justice, and the Minister of<br />

Health, discontinued their work in the government. 11 Minister of Culture, Ints Dālderis, who<br />

represents Tautas partija resigned from the political party and continued the commenced work<br />

in the government of Valdis Dombrovskis.<br />

Instead of the ministers represented by Tautas partija, Minister of Foreign Affairs, Aivis<br />

Ronis, started the work in the Cabinet of Ministers, same as Minister of Regional Development<br />

and Local Government, Dagnija Staķe ("Latvijas zemnieku savienība" (Union of Latvian<br />

Farmers)), Minister of Health, Didzis Gavars, and Minister of Culture, Ints Dālderis. The<br />

responsibilities of the Minister of Justice were fulfilled by Minister of Defence, Imants Lieģis<br />

(Pilsoniskā savienība (Civic Union)). It must be noted that some ministers that do not belong to<br />

any of the political parties were involved in the government.<br />

Elections of the 10th Saeima were held on 2 October 2010, as a result of which five<br />

political parties are represented in Saeima: association of political parties "Vienotība" (Unity),<br />

association of political parties "Saskaņas Centrs" (Harmony Centre), association of political<br />

parties "Zaļo and Zemnieku savienība" (Union of Greens and Farmers), national association<br />

""Visu Latvijai!" (All For Latvia!) – "Tēvzemei and Brīvībai/LNNK" (For Fatherland and<br />

Freedom/LNNK)", and association of political parties "Par Labu Latviju" (For Good Latvia). 12<br />

On 3 November 2010, Saeima in its extraordinary session decided to entrust the leading<br />

of the government to Valdis Dombrovskis. Two of the five political forces that were elected to<br />

the 10th Saeima are represented in the Cabinet of Ministers: association of political parties<br />

10 The Government of Prime Minister, V.Dombrovksis, Approved by the Saeima Extraordinary Meeting of 12<br />

March 2009.<br />

11 Tautas partija atsakās no atbildības un pamet valdību (Tautas partija Refuses from the Liability and Quits the<br />

Government).// http://www.tvnet.lv/zinas/Latvia/308174-tautas_partija_atsakas_no_atbildibas_un_pamet_valdibu<br />

- [see: 17.03.2010]<br />

12 10.Saeimas vēlēšanas (The 10th Saeima Election).// http://web.cvk.lv/pub/public/29642.html - [see: 20.10.2010]


12<br />

"Vienotība" (Unity), and association of political parties "Zaļo and Zemnieku savienība" (Union<br />

of Greens and Farmers), both totally 55 votes in Saeima.<br />

Prime Minister Valdis Dombrovskis holds also the position of the Minister of Regional<br />

Development and Local government in the newly established government until a moment<br />

when, according to a declaration of the government, this minister position will be merged with<br />

the position of the Minister of Environment. Association of political parties "Vienotība" holds<br />

positions of 9 ministers: Artis Pabriks was approved in the position of the Minister of Defence,<br />

Valdis Kristovskis in the position of the Minister of Foreign Affairs, Andris Vilks in the<br />

position of the Minister of Finance, Sarmīte Ēlerte in the position of the Minister of Culture,<br />

Artis Kampars in the position of the Minister of Economics, Linda Mūrniece in the position of<br />

the Minister of Interior, Aigars Štokenbergs in the position of the Minister of Justice, and Juris<br />

Bārzdiņš in the position of the Minister of Health. But political association "Zaļo and<br />

Zemnieku savienība" has acquired positions of 5 ministers: Minister of Education and Science<br />

where Rolands Broks has been approved, Minister of Welfare – approved for Ilona Jurševska,<br />

Minister of Traffic – Uldis Augulis, Minister of Environment – Raimonds Vējonis, and the<br />

position of the Minister of Agriculture – Jānis Dūklavs.<br />

Four Ministers have kept their positions from the government lead by the previous<br />

Prime Minister Valdis Dombrovskis: Minister of Economics – Artis Kampars, Ministrer of<br />

Interior – Linda Mūrniece, Minister of Environment – Raimonds Vējonis, and Minister of<br />

Agriculture – Jānis Dūklavs. 13<br />

Conclusion can be made that the political course in the state which was started in 2009<br />

is continued.<br />

3.2. Main Policy and Legislative Improvement Debates<br />

The newly established government developed the governmental declaration that defines<br />

the working priorities and objectives of the government.<br />

Comparing the objectives and tasks of the newly adopted declaration with the<br />

objectives and tasks of the previous governmental declaration, it must be emphasized that the<br />

migration affairs have returned to the daily agenda of the government. Thus, the government<br />

plans and undertakes to strictly control immigration from third countries, as well as to reduce<br />

illegal immigration by acting against such persons who ensure work and place of residence to<br />

13 Saeima izsaka uzticību jaunajam Ministru kabinetam (Saeima Gives the New Cabinet of Ministers a Vote of<br />

Confidence).// http://www.saeima.lv/lv/aktualitates/saeimas-zinas/17647-saeima-izsaka-uzticibu-jaunajamministru-kabinetam<br />

- [see: 03.11.2010]


13<br />

illegal immigrants, as well as by improving the mechanisms for detection, registration and<br />

return of illegal immigrants. The Government plans to simplify the procedure for issuance of<br />

visas, according to examples of good practice among Schengen member states. 14<br />

Politicy report on migration and asylum situation in Latvia in 2009 mentions active<br />

debates in the society and political circles that are related to drafted amendments to the<br />

Immigration Law 15 (henceforth – the Amendments). One of the purposes of the Amendments<br />

was to facilitate the conditions for obtaining a residence permit to third-country nationals,<br />

which will make significant investment to the Latvian economy that may be made by<br />

purchasing valuable real estate. Since Saiema election was held in Latvia on 2 October 2010,<br />

some political parties used the said Amendments as a part of their pre-election campaign.<br />

On 14 January 2010, Saeima adopted the Amendments in the second reading. 16<br />

On 4 March 2010, Saeima approved Law Amendments to the Immigration Law 17 ,<br />

however the debates of the members about the Draft law at Saeima lasted more than three<br />

hours by marking two opposing views because several political parties saw not only economic<br />

but also political aspects in the Law. Members of opposition political parties and Tautas partija,<br />

which is a part of the government, voted for the Draft law in its final reading.<br />

Several members related the Amendments to the Law to threats to the people of Latvia.<br />

Member of association "Tēvzemei and Brīvībai/LNNK", Dzintars Rasnačs, called the<br />

Amendments the "soft occupation" as it is said to be related to increased influence of Russia in<br />

Latvia. Saeima group of association "Tēvzemei and Brīvībai/LNNK" even started collecting<br />

signatures of 34 Saeima members in order to oblige the President of the State to suspend<br />

announcement of the adopted Amendments for a period of two months. "Almost a half of the<br />

Saeima members are against such amendments to the Immigration Law which threatens to turn<br />

Latvia into the back door for citizens of the CIS countries 18 for their entry to the Schengen<br />

zone. New influx of Russian speaking immigrants is absolutely not necessary for Latvia, and<br />

14 Deklarācija par Valda Dombrovska vadītā Ministru kabineta iecerēto darbību (Declaration about the Activities<br />

Planned by the Cabinet of Ministers of Valdis Dombrovskis).// http://www.mk.gov.lv/lv/mk/darbibureglamentejosie-documenti/valdibasd/<br />

- [see: 23.11.2010]<br />

15 Executive summary to the draft law "Amendments to the Immigration Law".//<br />

http://ww.saeima.lv/saeima9/lasadd=LP1001_0 – [see: 10.03.2009]<br />

16 Fridrihsone M., Izsniedzot uzturēšanās atļaujas apmaiņā pret investīcijām, cer radīt 5000 darbavietu (By Issuing<br />

Residence Permits in Exchange to Investment, Hope to Create 5,000 Jobs).//<br />

http://www.db.lv/2/a/2010/01/14/Izsniedzot_uztureshanas_at - [see: 14.01.2010]<br />

17 Law "Amendments to the Immigration Law" .// The Latvian Herald, No. 74, 12.05.2010 [valid from<br />

01.07.2010]<br />

18 CIS countries – the Commonwealth of Independent States.


14<br />

we are confident that the majority of the citizens of Latvia share our opinion," 19 commented<br />

Saeima member, Dzintars Rasnačs.<br />

While there were debates in Saeima about the Amendments, a protest was held in front<br />

of the Saeima building against adoption of the Amendments attended by almost a hundred of<br />

representatives of "Tēvzemei and Brīvībai/LNNK" and national association "Visu Latvijai!". 20<br />

Taking into account the resistance of "Zaļo and zemnieku savienība" to put the<br />

Amendments to the Immigration Law to a referendum, association "Tēvzemei and<br />

Brīvībai/LNNK" and political party "Pilsoniskā savienība" refused from the idea to propose a<br />

referendum for making a decision in this matter and decided to ask the President of the State to<br />

pass the Draft law for the second review by the Saeima. 21 One of the security institutions of<br />

Latvia: the Constitution Protection Bureau 22 expressed the view that, by introducing the legal<br />

rules of the Amendments, additional mechanisms would be created for citizens of countries<br />

outside the EU, including special service officers who might profess to be entrepreneurs, to<br />

enter Latvia. 23<br />

Opponents of the Amendments in Saeima invited the President of the State, Valdis<br />

Zatlers, not to announce the disputed Draft law and to pass it to the Saeima for the second<br />

review. A letter with a call not to proclaim the Amendments was signed by representatives of<br />

the Saeima group of the government consisting political parties and associations thereof.<br />

On 10 March 2010, the Employers' Confederation of Latvia expressed their support to<br />

the Amendments by indicating that establishing of new companies or investments in existing<br />

companies are important, particularly during limited funds available for operation and<br />

development of companies. The Confederation noted that an amount of investment should<br />

focus on achieving real economic outcomes to justify the set goal, needs of the labour market<br />

and demographic challenges should be studied. General Director of the Employers'<br />

19 Paparde I., Investīcijas dos uzturēšanās atļauju (Investment will Give a Residence Permit).//<br />

http://zinas.nra.lv/Latvia/policy/17789-investicijas-dos-uzturesanas-atlauju.htm - [see: 05.03.2010]<br />

20 Egle I., Pikets pie Saeimas pret Imigrācijas likuma grozījumiem: "Latvija vārti bandītiem uz Eiropu" (Protest at<br />

the Saeima Building Against the Amendments to the Immigration Law: "Latvia – the Gate for Racketeers to<br />

Europe)// http://www.diena.lv/lat/politics/hot/pikets-pie-saeimas-Latvia-varti-banditiem-uz-eiropu - [see:<br />

04.03.2010]<br />

21 Zālīte I., ZZS aptur referenduma ideju; Imigrācijas likuma grozījumu liktenis Zatlera ziņā (ZZS Halts the Idea<br />

on Referendum; Destiny of the Amendments to the Immigration Law is in Zalters’<br />

Hands).//http://www.diena.lv/lat/politics/hot/zzs-aptur-referenduma-ideju-imigracijas-lawa-grozijumu-likteniszatlera-zina<br />

– [see: 08.03.2010]<br />

22 Main tasks of the Constitution Protection Bureau are intelligence, protection of the state secret as well as<br />

information classified by the European Union and NATO. The Bureau obtains information which is delivered to<br />

responsible officials for making decisions that correspond with the state interests the best. The Bureau does not<br />

investigate crime.<br />

23 Var tikt radīti papildu mehānismi spiegu iekļūšanai Latvijā (Additional Mechanisms for Entry of Spies to Latvia<br />

may be Created).// http://www.apollo.lv/portal/news/articles/197032 - [see: 12.03.2010]


15<br />

Confederation of Latvia, Elīna Egle, commented: "Concern of each inhabitant regarding<br />

making the immigration policy easier for foreign investors, their potential misuse can be<br />

prevented by developing an appropriate legal regulation for improving the residence permit<br />

system" 24 .<br />

Before making a decision on proclaiming the Amendments, the President of the State,<br />

Valdis Zatlers, familiarised himself with the opinion provided by the security institutions. The<br />

opinion provided that the specified changes to the Law might cause new risks of personas non<br />

grata to Latvia and attracting of funds of unknown origin. It is one of the reasons why the<br />

President of the State assigned the said Amendments to Saeima for the second review, on 12<br />

March 2010. He requested Saeima to assess the impact of the new regulation on the revenues<br />

and expenditures of the state budget and, if necessary, to consider a possibility to decide on<br />

additional state budget funding to competent institutions related to enforcement of the<br />

Immigration Law. Also, the President indicated that one must ascertain, prior to proclaiming<br />

the Amendments, whether the state security institutions have the required resources to ensure<br />

proper examinations if a potential number of residence permits increases. 25 Debate about the<br />

Amendments in the Saeima continued and, in order to invite an independent consultant, the<br />

responsible Committee of Defence, Internal Affairs and Corruption Prevention of the Saeima<br />

organised a meeting with an internationally recognised consultant in the matters of attraction of<br />

investments by using immigration policy, Christian Kalin who represents Swiss company<br />

Henlay&Partners. 26 The above-mentioned consultant criticized the planned changes in the Law<br />

by indicating that such changes would be too restrictive. However, he also emphasised that, if<br />

not otherwise, the country can be made attractive for its procedures of residence permits. 27<br />

It must be emphasised that the survey shows that a half or 52% of interviewed<br />

economically active inhabitants of Latvia generally support an opportunity for third-country<br />

24 Rutule E., LDDK un NVS investoru aizstāvji iestājas par grozījumiem Imigrācijas likumā (LDDK and<br />

Representatives of Investors from the CIS Support the Amendments to the Immigration Law).//<br />

http://www.dina.lv/lat/business/hotnews/lddk-un-nvs-investoru-aizstavji-iestajas-par-grozijumiem-imigracijaslawa<br />

- [10.03.2010]<br />

25<br />

Hofmanis R., Drošības iestādes brīdina Zatleru (Zatlers Warned by Security Institutions).//<br />

http://zinas.nra.lv/Latvia/policy/18477-drosibas-iestades-bridina-zatleru.htm - [15.03.2010]<br />

26 Paparde I., Saeimā iztaujās Šveices ekspertu par Imigrācijas likumu (Expert from Switzerland Interviewed by<br />

Saeima about the Immigration Law).// http://zinas.nra.lv/Latvia/policy/19427-saeima-iztaujas-sveices-ekspertupar-imigracijas-lawu.htm<br />

– [see: 26.03.2010]<br />

27 Rutule E., Konsultants: Latviju investorien pievilcīgāku var padarīt, arī atvieglojot procedūru (Latvia Can<br />

Become More Attractive for Investors also Through Faciliated Procedure).//<br />

http://www.diena.lv/lat/business/expert/expertopinion/konsultants-latviju-investoriem-pievilcigaku-var-padaritari-atvieglojot-proceduru<br />

- [see: 06.04.2010]


16<br />

nationals who invest in the Latvian economy to receive a residence permit through easier<br />

procedure. 28<br />

After long debate and some more specified provisions that reduce the risks of personas<br />

non grata and attraction of funds of unknown origin, the Saeima supported the Amendments on<br />

22 April 2010. 29<br />

On 12 May 2010, the President of the State Valdis Zatlers proclaimed the Amendments.<br />

Section 23 of the adopted Amendments provides an extension of terms for requesting a<br />

residence permit or review of documents necessary for registration, and response period from<br />

thirty days to ninety days, thereby enabling the relevant services to make necessary<br />

examinations in a period three times longer than planned in the original version of the Draft<br />

Law. Security authorities also gave positive recommendation to the President of the State about<br />

the changes to the Law, indicating that the requirement to pay a transaction amount in non-cash<br />

settlement and the delegation to the Cabinet of Ministers to evaluate the course of enforcement<br />

of the Immigration Law, results and impact on the development of the Latvian society at least<br />

once a year, will reduce potential additional risk to the national security and public order. 30<br />

Five months after the entering into force of the Amendments to the Immigration Law,<br />

the Office of Citizenship and Migration Affairs received 96 requests for residence permits<br />

(totally 206 persons). It does not suggest that there are crowds of immigrants striving to get<br />

into Latvia; however it also does not show that the offer of Latvia would not raise any<br />

response. Experts of the Office of Citizenship and Migration Affairs emphasise that purchase<br />

of real estate or investment to business or bank subordinated capital maybe only a reason, not<br />

an absolute guarantee for acquisition of a residence permit. If a person is prohibited to enter<br />

Latvia or, in case of slightest doubt by security institutions, for instance, about a link to terrorist<br />

organizations, purchase of property will not be a sufficient reason for a residence permit in<br />

Latvia. 31<br />

28 Survey of residents was made by TNS Latvia from 30 March to 1 April 2010 via the Inernet in the whole<br />

territory of Latvia, by interviewing 800 economically active residents of Latvia of age 18-55. - Survey: iedzīvotāji<br />

atbalsta atvieglotu ieceļošanu investoriem (Survey: Inhabitants Support Facilitated Entry for Investors) .//<br />

http://www.delfi.lv/news/national/politics/aptauja-iedzivotaji-supporta-atvieglotu-iecelosanuinvestoriem.did=31087847<br />

– [see: 07.04.2010]<br />

29 Rutule E., Dalbiņš: pārskatot Imigrācijas likumu, zudušas bažas par nespēju kontrolēt imigrantus (By Reviewing<br />

the Immigration Law, Doubt about Inability to Control Immigrants has Ceased.//<br />

http://www.diena.lv/lat/politics/hot/dalbins-parskatot-imigracijas-lawu-zudusas-bazas-par-nespeju-controltinvestorus<br />

- [see: 22.04.2010]<br />

30 Izsludināti domstarpības raisījušie Imigrācijas likuma grozījumi (Disputed Amendments to the Immigration<br />

Law Announced) .// http://www2.la.lv/lat/sodienas_zinas/doc=6715 – [see: 12.05.2010]<br />

31<br />

Kluinis A. Kā pērk uzturēšanās atļauju Eiropā (How a Residence Permit is Bought in Europe).//<br />

http://zinas.nra.lv/EConomika/Latvia/30832-ka-perk-uzturesanas-atlaujas-eiropa.htm - [see: 10.09.2010]


17<br />

Having analysed the amount of funds contributed by investors and mainly by citizens of<br />

the Russian Federation, conclusion must be made that amounts of such investments are close to<br />

the minimum statutory amounts that are required for acquisition of a residence permit.<br />

However, there have been also exceptions; for instance, a person invested LVL 260,000 in a<br />

company, instead of the minimum statutory requirement of LVL 25,000. 32<br />

It is important to note also that the Office of Citizenship and Migration Affairs has<br />

detected the first fictitious transactions when citizens of third countries attempted to acquire<br />

residence permits in Latvia that, respectively, give an opportunity of free travel in the whole<br />

Schengen zone. The Office of Citizenship and Migration Affairs indicates that it is difficult to<br />

estimate the true benefit to the national economy of Latvia, because there are also fictitious<br />

transactions where it cannot be tracked whether money has really come to Latvia. The current<br />

wording of the Immigration Law does not stipulate that a transaction must correspond with the<br />

true value of a property, and it also does not ensure that money really comes to Latvia. Thus,<br />

persons who already have property in Latvia legalise their status in Latvia. The Government<br />

and some political forces represented in Saeima tend to agree with this opinion of the Office of<br />

Citizenship and Migration Affairs and promise to correct the Law. 33<br />

3.3. Main Institutional Changes<br />

Main institutional changes have affected the Office of Citizenship and Migration<br />

Affairs. On 12 March 2010, Cabinet of Ministers Regulation No. 153 of 16 February 2010<br />

"Amendments to the Cabinet of Ministers Regulation No. 811 of 3 October 2003 "Regulation<br />

on the Office of Citizenship and Migration Affairs"" 34 entered into force. The Regulation<br />

supplements the amount of tasks of direct administration for the Office of Citizenship and<br />

Migration Affairs related to the joining of the Naturalisation Board, and specifies the procedure<br />

for appealing administrative deeds or actual conduct of the chief of the Office of Citizenship<br />

and Migration Affairs, by stating that a relevant application shall be submitted to the Ministry<br />

of Interior. 35<br />

32 Liela interese no NVS valstu investoriem par uzturēšanās atļaujām Latvijā (Increased Interest from Investors of<br />

hte CIS about Residence Permits in Latvia).// http://diena.lv/lat/politics/hot/avize-liela-interese-no-nvs-valstuinvestoriem-par-uzturesanas-atlaujam-Latvia<br />

- [see: 10.11.2010]<br />

33 De facto: konstatēti pirmie fiktīvie darījumi, mēģinot tikt pie uzturēšanās atļaujām (The First Fictitious Deals<br />

Detected Trying to Obtain Residence Permits).// http://www.delfi.lv/news/national/politics/de-facto-konstatetipirmie-fikhtivie-darijumi-meginot-tikt-pie-uzturesanas-atlaujam.did=35295796<br />

– [see: 21.11.2010]<br />

34 Published: The Latvian Herald, No.40, 11.03.2010.<br />

35 Executive summary to the Cabinet of Ministers Draft Regulation "Amendments to the Cabinet Regulation No.<br />

811 of 3 October 2006 "Regulation of the Office of Citizenship and Migration Affairs"".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40163587 – [see: 29.01.2010]


18<br />

Starting from 1 March 2010, the Office of Citizenship and Migration Affairs took over<br />

the tasks of the Naturalisation Board that are related to review of applications from persons for<br />

belonging to the Latvian citizenship and the admission to the Latvian citizenship through<br />

naturalisation proceedings. After the joining of the Naturalisation Board, this service has<br />

become better accessible to inhabitants because all matters related to the acquisition of<br />

citizenship can be solved not only in 8 largest cities of Latvia, where branches of the<br />

Naturalisation Board were situated until now, but also in all the 30 territorial divisions of the<br />

Office of Citizenship and Migration Affairs. 36<br />

36 Information provided by officials of the Office of Citizenship and Migration Affairs.


19<br />

4. LEGAL IMMIGRATI<strong>ON</strong> <strong>AND</strong> <strong>IN</strong>TEGRATI<strong>ON</strong><br />

4.1. Economic Migration<br />

4.1.1. Changes in the National Perspective<br />

On 1 July 2010, Law "Amendment to the Immigration Law" entered into force after it<br />

was adopted by Saeima on 22 April 2010. The Law simplifies issuance of work permits and<br />

states that third-country nationals, who in accordance with the regulations issued by the<br />

Cabinet of Ministers may be employed by any employer, do not need a special work permit 37 .<br />

On 1 July 2010, Cabinet Regulation No. 564 of 21 June 2010 "Regulations on<br />

Residence Permits" 38 entered into force, stating the following:<br />

‣ Procedure for approval of invitations;<br />

‣ Documents necessary for requesting a residence permit;<br />

‣ Procedure for issue, registration and annulment of temporary residence and permanent<br />

residence permits;<br />

‣ Persons who are entitled to submit documents to the Office of Citizenship and<br />

Migration Affairs in order to receive a residence permit;<br />

‣ Criteria (for instance, taxes paid, turnover, number of employees, profit) necessary in<br />

order to ascertain that a company, a branch of a foreign merchant, sole merchant or selfemployed<br />

person carries out active business and brings economic benefit to the<br />

Republic of Latvia, or a representation office of a foreign merchant carries out active<br />

operation;<br />

‣ Procedure for payment of indemnity (compensation) in case of leave for permanent<br />

residence abroad;<br />

‣ Procedure for a third-country national to apply his or her absence from the Republic of<br />

Latvia;<br />

‣ Extent of information to be included in the state information systems: the register of<br />

invitation letters and the register of residence permits, and the procedures of utilisation<br />

thereof.<br />

The Regulation simplifies the administrative procedure when inviting third-country<br />

nationals to reside in the Republic of Latvia due to employment. The previous regulation<br />

37 Draft law "Amendments to the Immigration Law" executive summary.//<br />

http://titania.saeima.lv/LIVS/SaeimaLIVS.nsf/0/A4AE4F3C05CC28E2C22575F004311B3OpenDocument- [see:<br />

27.08.2009]<br />

38 Published: The Latvian Herald, No. 101, 29.06.2010.


20<br />

provided that an employer, in order to invite a guest worker, required a work invitation<br />

approved by the State Employment Agency and an invitation letter approved by the Office of<br />

Citizenship and Migration Affairs – for requesting a residence permit. The Regulation<br />

introduces the principle of a one stop agency because, starting from 1 July 2010, employers<br />

must obtain confirmation of only one invitation letter – by the Office of Citizenship and<br />

Migration Affairs. The Office of Citizenship and Migration Affairs performs inspections<br />

related to employment and entry.<br />

By entering into force of the Law "Amendment to the Immigration Law" of 22 April<br />

2010, the amount of information has changed which must be provided by third-country<br />

nationals, who wish to engage in business activity in the Republic of Latvia, in order to request<br />

or to register a residence permit. In such cases, the third-country national must prove that,<br />

during a previous year, the merchant carried out active business and such business activity<br />

brought economic benefit to the national economy of the Republic of Latvia. In other cases,<br />

amount of information to be provided to institutions or third parties does not differ from the<br />

previous regulation. Part of such information is verified by using state information systems (for<br />

instance, data of the Land Register). 39<br />

On 1 July 2010, Cabinet Regulation No. 552 of 21 June 2010 "Procedures for<br />

Approval of Invitations and Drawing up of Written Requests" 40 entered into force. The said<br />

Regulation sets the procedure for approval of invitations, the procedure for drawing up of<br />

written requests, as well as the extent of the information to be included in the state information<br />

systems: the register of invitations, and the procedure for utilisation thereof. The regulatory<br />

enactment simplifies the administrative procedure:<br />

1. In order to introduce the principle of one stop agency, the procedure for approval of<br />

invitations has been specified for cases if a third-country national, according to<br />

regulatory enactments defining the procedure for requesting and issue of work permits<br />

to third-country national, wishes to receive a visa and a work permit to become an<br />

employee in the Republic of Latvia;<br />

2. Number of third-country nationals has been defined who may be included in one<br />

application, if the invitation will be used for requesting a visa at a diplomatic or<br />

39 Executive summary to the Cabinet of Ministers Draft Regulation "Regulation on Residence Permits".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40176253 – [see: 14.05.2010]<br />

40 Published: The Latvian Herald, No. 100, 28.06.2010.


21<br />

consular mission of a member state of the Schengen Agreement 41 with which an<br />

agreement on representation has been signed;<br />

3. Stated that a decision on approval of invitation, if related to employment, shall be<br />

passed within five working days. 42<br />

On 1 July 2010, Cabinet Regulation No. 553 of 21 June 2010 "Regulations Regarding<br />

Work Permits for Third-country Nationals" 43 entered into force, prescribing the procedure for<br />

requesting and issuance of work permits and the categories of those third-country nationals<br />

who are allowed to work with any employer in the Republic of Latvia, as well as the extent of<br />

the information to be included in the register of work permits and the procedures for utilisation<br />

thereof. The legislative act introduces the principle of one stop agency in the procedure for<br />

requesting work permits and residence permits, expands the group of those third-country<br />

nationals who are entitled to receive a work permit on the basis of a visa, and also excludes the<br />

provisions that stipulated payment of a state fee for review of documents submitted under<br />

request of a work permit (LVL 35 annually). The regulatory enactment simplifies the<br />

administrative procedure:<br />

1) the previous regulation obliged employers to approve two letters of invitation or a letter<br />

of invitation and invitation in order they could invite a third-country national to residue for<br />

employment. The new regulation provides approval of one invitation (letter) by the Office of<br />

Citizenship and Migration Affairs;<br />

2) the new regulation provides a possibility for third-country nationals who must enter the<br />

Republic of Latvia for short-term employment (up to 90 days in a period of six months starting<br />

from the first entry) to receive a work permit on the basis of a visa, the previous regulation<br />

envisaged receipt of a residence permit in a longer and more complex process;<br />

3) in cases related to international obligations or interests of the state, a third-country<br />

national is entitled to receive a visa and a work permit also for a term exceeding 90 days in a<br />

period of six months;<br />

41 Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the<br />

Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders<br />

42 Executive Summary to Cabinet of Ministers Draft Regulation "Procedures for Approval of Invitations and<br />

Drawing up of Written Requests".// http://www.mk.gov.lv/lv/mk/tap/pid=40176255- [see: 14.05.2010]<br />

43 Published: The Latvian Herald, Nr 100, 28.06.2010.


22<br />

4) in cases when a third-country national has the right to be employed by any employer, it<br />

is not required to obtain a separate document – work permit because a note regarding the right<br />

to employment is included in a residence permit 44 .<br />

On 28-30 April 2010, one day seminars "Invitation of third-country nationals for<br />

employment under the principle of one stop agency" were organised by the European Fund for<br />

the Integration of third-country nationals within the framework of project "Development and<br />

introduction of a training programme for increasing the competence of service providers to<br />

third-country nationals". Information was prepared for participants of the seminars which<br />

helped to understand solving the matters related to provision of services to third-country<br />

nationals. Totally 78 employees of the Office of Citizenship and Migration Affairs whose work<br />

is related to provision of services to third-country nationals participated in the seminars. The<br />

project was implemented by the Office of Citizenship and Migration Affairs in cooperation<br />

with joint-stock company "Datorzinību centrs". 45<br />

4.1.2. Changes in the European Union Perspective<br />

On 1 July 2010, Cabinet Regulation No.571 of 21 June 2010 "Regulations Regarding<br />

the State Fee for Examination of the Documents Necessary for the Requesting a Visa,<br />

Residence Permit or the Status of a Permanent Resident of the European Community in the<br />

Republic of Latvia and the Services Related Thereto" 46 entered into force, which determines<br />

the state fee rates for examination of the documents necessary to request a long-term visa,<br />

residence permit or the status of permanent resident of the European Community in the<br />

Republic of Latvia and the services related thereto, as well as the procedure for payment of the<br />

state fee and categories of such persons who are exempted from payment of the state fee or to<br />

whom reduced rate of the state fee is applied in case of requested uniform visa. The said<br />

Regulation except from payment of the state fee a full-time student of the institution of higher<br />

education accredited in the Republic of Latvia who has been admitted for studies in a master’s<br />

or doctoral programme or in a study programme in the end of which a student obtains a degree<br />

regarded as equal to the master’s degree.<br />

New Cabinet Regulation No.564 of 21 June 2010 "Regulation regarding Residence<br />

Permits" provides that a third-country national who resides in the Republic of Latvia with a<br />

valid uniform visa is entitled to submit the documents referred to in these Regulations for the<br />

44 Executive summary to the Cabinet of Ministers Draft Regulation "Regulations Regarding Work Permits for<br />

Third-country Nationals".// http://www.mk.gov.lv/lv/mk/tap/pid=40176254- [see: 14.05.2010]<br />

45 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

46 Published: The Latvian Herald, Nr 101, 29.06.2010.


23<br />

request of a residence permit if he or she is a pupil or full-time student of an education<br />

institution accredited in the Republic of Latvia and his or her residence is related with<br />

participation in an exchange programme or he or she is admitted for studies in the programme<br />

of master or doctor studies or a study programme at the end of which a student obtains a degree<br />

regarded as equal to master degree.<br />

On 27 May 2010, the meeting of the State Secretaries announced Draft law<br />

"Amendment to the Immigration Law" which has been elaborated in order to implement the<br />

rules and provisions of Council Directive 2009/50/EC of 25 May 2009 on the conditions of<br />

entry and residence of third-country nationals for the purposes of highly qualified<br />

employment 47 .<br />

In compliance with the provisions of the Immigration Law, currently a third-country<br />

national who has received a temporary residence permit may reside outside of the territory of<br />

Latvia without any time limit. It means that a third-country national may return to Latvia only<br />

once a year for registration of the temporary residence permit if its expiry term is more than<br />

one year. 48 The said provision has been amended because the joining of Latvia to the Schengen<br />

zone does not enable anymore to determine whether the person who has received a temporary<br />

residence permit in the Republic of Latvia is currently in Latvia or in any other Member State<br />

of the European Union, thus making it impossible to establish a fact of absence.<br />

Latvia is not a country which facilitates emigration of labour because the total number<br />

of immigrant is very small and persons who enter the country for employment do not have high<br />

qualification. In 2010, the highest demand in the labour market of Latvia was for ship repair<br />

locksmiths and cargo truck drivers. The largest immigrant flows into the Republic of Latvia are<br />

from Russia, Ukraine and Belarus. 49<br />

Amendment to the Immigration Law, which entered into force on 1 July 2010, provides<br />

that, in order to ensure the compliance of employees from third countries with requirements of<br />

an offered vacancy, responsible officials of branches of the State Employment Agency shall<br />

register, pursuant to valid regulatory enactments, a vacancy notified by an employer by<br />

indicating profession, preferable educational level of a candidate, work experience and, when<br />

establishing that the vacancy is registered for the purpose of inviting a guest worker, shall<br />

actively inform about such an employment opportunity its clients: residents of Latvia and other<br />

47 Council Directive of No.2009/50/EC 25 May 2009 on the conditions of entry and residence of third-country<br />

nationals for the purposes of highly qualified employment.// Official Journal, L 155, 18.06.2009.<br />

48 In compliance with Paragraph two of Section 22 of the Immigration Law.<br />

49 Data provided by officials of the Office of Citizenship and Migration Affairs.


24<br />

Member States of the European Union who are registered with the State Employment Agency<br />

as unemployed persons or persons searching employment. If employment of a third-country<br />

national in Latvia is planned according to a company agreement, a work invitation letter shall<br />

be approved without registration of the vacancy, by coordinating the company agreement and<br />

by submitting documents that certify the employee’s education and qualification. Such an<br />

application shall provide reasons for the employment of the third-country national in<br />

compliance with a company agreement and specify number, positions, professions of the thirdcountry<br />

nationals to be employed as well as place and terms of fulfilment of work.<br />

Regardless of whether it is planned to employ a third-country national on the basis of an<br />

employment contract or company agreement, in order to approve a work invitation letter, the<br />

employer (merchant) or his authorised representative shall submit the following documents to<br />

the Office of Citizenship and Migration Affairs, by enclosing the work invitation letter:<br />

• if the profession of a third-country national is regulated – a copy of a qualification<br />

acknowledgment certificate or a similar document certifying the compliance of the<br />

professional qualification with the requirements set in the Republic of Latvia;<br />

• if the profession of a third-country national is not regulated – a legalised copy of an<br />

education document or a document certifying three-year experience in the profession in<br />

which the employer plans to employ the third-country national, by enclosing translation<br />

into the official language certified in accordance with stipulated procedure. 50<br />

Since there is a high unemployment level in Latvia as a result of economic crisis and,<br />

until now at least, Latvia has not been a country of destination of highly qualified labour force,<br />

the demand to vacancies of low qualified labour at the moment is satisfied by local labour<br />

force.<br />

In order to adopt the provisions of Council Directive of No.2009/50/EC 25 May 2009<br />

on the conditions of entry and residence of third-country nationals for the purposes of highly<br />

qualified employment, the Office of Citizenship and Migration Affairs has prepared Draft law<br />

"Amendment to the Law On Status of Permanent Resident of the European Community in the<br />

Republic of Latvia" 51 . The purpose of the Draft law is the transposition of the provisions of the<br />

above-mentioned Directive, aligning of terminology with the Lisbon Agreement, an<br />

50 Cabinet Regulation No.552 of 21 June 2010 "Procedures for Approval of Invitations and Drawing up of Written<br />

Requests".<br />

51 Draft Law “Amendments to the Law On Status of Permanent Resident of the European Community in the<br />

Republic of Latvia””.//http://www.pmlp.gov.lv/lv/news/normativie_projects.htmlnews_id=583-[see: 05.10.2010]


25<br />

opportunity for non-citizens of Latvia to obtain a status, as well as other technical<br />

amendments 52 .<br />

4.2. Family Reunification<br />

4.2.1. Changes in the National Perspective<br />

The legal provisions of the "Amendment to the Immigration Law" that came into force<br />

on July 1, 2010 reduce the period for reviewing of documents submitted by a citizen of Latvia,<br />

non-citizen of Latvia or a child of a third-country national who has received a permanent<br />

residence permit, for requesting a permanent residence permit, from 90 days to 30 days, thus<br />

ensuring the opportunity for the child and parents of the child to exercise the rights stipulated in<br />

the regulatory enactments. 53<br />

The Immigration Law provides an opportunity for a citizen of Latvia to invite to live<br />

with him his adult children with families. Temporary residence permits are issue to them, thus<br />

providing time to integrate themselves in the Latvian society. After five years of continuous<br />

residence with a temporary residence permit, they have the rights to request a permanent<br />

residence permit. In case, if a citizen of Latvia, who was the inviting person, has died, the<br />

invited persons’ permit is annulled. Since it does not correspond with the essence of the<br />

Section, because the purpose of relocation is permanent residence in Latvia, Law "Amendment<br />

to the Immigration Law" provides that a third-country national whose one of the parents is a<br />

citizen of the Republic of Latvia is entitled to continue his residence in the Republic of Latvia<br />

also if the said parent has deceased.<br />

4.2.2. Changes in the European Union Persperctive<br />

By continuing the acquisition of the European Fund for the Integration of third-country<br />

nationals under the Programme of Solidarity and Management of Migration Flows 2007-2013,<br />

the implementation of the said fund projects 2008 was completed in 2010. Totally 17 projects<br />

were implemented within the framework of the the European Fund for the Integration of thirdcountry<br />

nationals under the Programme of Solidarity and Management of Migration Flows<br />

2008. In compliance with the scope of the multiannual programme of the fund, as well as<br />

Programme 2008, when planning integration activities, specific target groups are taken into<br />

52<br />

Executive summary to Draft Law “Amendments to the Law “On Status of Permanent Resident of the European<br />

Community in the Republic of Latvia".//<br />

http://www.pmlp.gov.lv/lv/news/normativie_projects.htmlnews_id=583-[see: 05.10.2010]<br />

53 Executive summary to Draft law "Amendments to the Immigration Law".


26<br />

account as well as special needs of such groups. Activity “Development of programmes and<br />

provision of services to special groups of third-country nationals (children, women, elder<br />

people, people without education, and people with special needs)” was planned for this purpose<br />

under the Fund Programme 2008, and it supported activities focused on access to knowledge<br />

and resources for special groups of third-country nationals who are in less favourable position,<br />

to increase their self-esteem regarding participation in the communities and to develop<br />

strategies to overcome any obstacles and to gain control over their surrounding environment.<br />

Three projects were implemented within the framework of the said activity.<br />

1) Foundation "Social service agency "Family Crisis Centre"" implemented project<br />

"Integrēties ir viegli!" (“Integration Is Easy!”) where a service programme and<br />

methodology was developed for the target group of the project – third-country nationals<br />

– women and children, 48 educational sessions were organised and lead, individual<br />

consultations were provided by a lawyer, social worker and psychologist to women<br />

from third countries, 2 cross-cultural dialogue round-table discussions were organised,<br />

as well as 2 training camps were organised.<br />

2) The Office of Citizenship and Migration Affairs implemented project "Support to<br />

repatriates – third-country nationals" where assistance was provided to 57 families of<br />

repatriates (totally 138 persons). Support was provided in 197 cases: 20 repatriates<br />

acquired the Latvian language, computer training was given to 14 repatriates,<br />

professional courses were ensured to 6 repatriates to help in searching for employment,<br />

aid was given to 4 repatriates for payment of study fee in educational establishments of<br />

Latvia, an integration camp was organised for 17 repatriat children.<br />

3) Society "Attīstības aģentūra "Pieci"" (Development Agency “Five”) implemented<br />

project "Atvērti integrācijai!" (“Open to Integration!”) where the Integration Centre for<br />

Children was established. The Centre has organised psychological support groups for<br />

24 mothers, educational sessions for 12 children and 36 mothers, and integration<br />

activities for children. 54<br />

In order to ensure integration and access to language courses, within the framework of<br />

Programme 2008 Activity "Develop programmes and activities for the purpose of promoting<br />

adjustment of third-country nationals to the receiving society and to help them in acquisition of<br />

main knowledge about the language, history, institutions, social and economic situation, culture<br />

life, etc.", the Ministry of Education and Science, the Office of Citizenship and Migration<br />

54 Information provided by officials of the Ministry of Justice.


27<br />

Affairs and the Latvian Language Agency as cooperation partners implemented, during the<br />

period from 1 December 2009 till 30 June 2009, the project financed by the the European Fund<br />

for the Integration of third-country nationals "Development of the Latvian language e-training<br />

course for the promotion of education and access to the labour market for third-country<br />

nationals".<br />

Within the framework of the project, an electronic training programme has been<br />

developed which helps third-country nationals acquire the Latvian language according to the<br />

European language level A1 and A2, simultaneously by acquiring knowledge about the state of<br />

Latvia, its history, geography and social life, thus promoting additionally the integration of an<br />

individual in the society. The training course was focused on trainees who have knowledge of<br />

the Russian language as the bridge language. Russian was chosen as the bridge language<br />

because, according to statistics on migration, the number of speakers of the said language in<br />

Latvia among the third-country nationals is the highest: as of 1 January 2009, there were 8,002<br />

citizens of third countries with temporary residence permits, including 6,523 or 81.5% with the<br />

knowledge of Russian as the native tongue or the bridge language. 55 Totally 40 sessions of<br />

interactive language training has been prepared in the course, with self-test possibilities. The<br />

developed electronic language training course is available to the public on the portal of Latvian<br />

schools of the Ministry of Education and Science from 1 July 2010. 56<br />

In 2011, it is planned to implement the Programme 2009 of the European Fund for the<br />

Integration of third-country nationals under the General Programme of Solidarity and<br />

Management of Migration Flows, and to start the implementation of Programme 2010 where<br />

the already started activities will be continued and focused on special groups of third-country<br />

nationals.<br />

In order to support integration of those families in the Latvian societies that have<br />

children of school age, within the framework of Programme 2008 Activity "Development of<br />

educational programmes and materials and introduction of the same in training of adolescents –<br />

third-country nationals" the Ministry of Education and Science implemented project<br />

"Development of adaptation programmes and materials for children of third-country nationals<br />

of the age from 6 to 12 years", where an adaptation programme was prepared for children of<br />

immigrations of the age from 6 to 9 years, as well as an adaptation programme for children in<br />

the age from 10 to 12 years; work sheets for the adaptation programmes were prepared, as well<br />

55 Data source: Office of Citizenship and Migration Affairs.<br />

56 European Fund for the Integration of third-country nationals.//<br />

http://www.pmlp.gov.lv/lv/par_pmlp/projects/e_macibas_ETVVIF.html - [see: 30.03.2010]


28<br />

as methodical guidelines for teachers, and “Identity Passports – Portfolios” were made for each<br />

age group (6-9 and 10-12 years). It is planned to develop such educational programmes for all<br />

age groups in elementary education level, including children of preschool age. 57<br />

4.3. Other Legal Migration<br />

4.3.1. Changes in the National Perspective<br />

The regulation of the Law "Amendment to the Immigration Law" that came into force<br />

on July 1, 2010 provides that a direct state administration institution or court may invite a thirdcountry<br />

national without preparing an invitation letter.<br />

The said Law supplements the stipulated cases when officials have the rights to<br />

interview a third-country national or a person inviting him, and to request explanations and<br />

additional documents that are necessary for making a decision on approval of invitation, refusal<br />

to approve invitation, cancelation of an approved invitation, issue of a visa, refuse issuance of a<br />

visa, cancellation or annulment of expiry date of an issued visa. 58<br />

Cabinet Regulation No.564 of 21 June 2010 "Regulation regarding Residence Permits"<br />

simplifies the following administrative procedures:<br />

1) the previous regulation stated an obligation for persons to request a residence permit and<br />

to receive it according to the declared place of residence or registered address of a legal<br />

entity. The new regulation allows this procedure at any regional division of the Office<br />

of Citizenship and Migration Affairs;<br />

2) the group of those persons has been expanded who can request a residence permit from<br />

the Office of Citizenship and Migration Affairs already after the entry in the Republic<br />

of Latvia. Such rights are granted to citizens of those countries with which Latvia has<br />

the visa-free regime, as well as categories of persons have been expanded who may<br />

submit documents to the Office of Citizenship and Migration Affairs by residing in the<br />

Republic of Latvia with a visa – culture workers, persons to whom a visa and a work<br />

permit has been issued, repatriates and their family members;<br />

3) the group of those persons has been expanded who do not need an invitation letter<br />

approved by the Office of Citizenship and Migration Affairs to request a residence<br />

permits. The regulatory enactment grants such rights to third-country nationals who are<br />

appointed as custodians or guardians to a non-citizen of Latvia, as well as to third-<br />

57 Information provided by officials of the Ministry of Justice.<br />

58 Executive Summary to Draft law "Amendments to the Immigration Law".


29<br />

country nationals to whom the status of a permanent residence of the European<br />

Community has been granted in other Member State of the European Union;<br />

4) the regulatory enactment grants the rights to submit a request for an invitation letter also<br />

for citizens of Member States of the European Union, the European Economic Area,<br />

and the Swiss Confederation, if they wish to invite a third-country national to reside in<br />

the Republic of Latvia;<br />

5) the previous regulation provided that legal entities, when submitting a request for an<br />

invitation letter, must also submit a statement issued by the State Revenue Service<br />

regarding registration as a tax payer and, starting from the second year of operation – a<br />

statement certifying that the legal entity has no tax liabilities. In the new regulatory<br />

enactment this information is confirmed only by declaration, by indicating it in the<br />

request application for an invitation letter, and institutions financed from the state and<br />

local government budget are fully released from the said requirement. 59<br />

The said Regulation simplifies the procedure for requesting a repeated residence permit<br />

by reducing the number of documents to be submitted, by refusing from submission of<br />

statements that certify place of residence and health condition, in case of requesting a repeated<br />

residence permit 60 .<br />

In order to facilitate attraction of foreign investment to the Latvian economy, the<br />

Immigration Law includes several conditions providing the granting of a residence permit for a<br />

period of five years in cases, if a third-country national has:<br />

1) Invested to equity of a capital company at least LVL 25,000 and paid in tax at<br />

least LVL 20,000 in a financial year to the state and local government budget<br />

2) Purchased and owns one or several real estates in Riga, Riga planning region or<br />

cities of the Republic for a total amount of transaction at least LVL 100,000, or<br />

one or several real estates outside Riga, Riga planning region or cities of the<br />

Republic for a total amount of transaction at least LVL 50,000, and he has not<br />

and has never had any tax liabilities for real estate and transaction amount is<br />

paid in non-cash settlement;<br />

3) Made financial investments to a credit institution of the Republic of Latvia for at<br />

least LVL 200,000 in type of subordinated capital of the credit institution<br />

59 Executive summary to the Draft Regulation of the Cabinet of Ministers "Regulations regarding Residence<br />

Permits".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40169126 – [see: 19.03.2010]<br />

60 Ibid.


30<br />

(subordinated loan or subordinated bonds), if the term of such a transaction is at<br />

least five years and there is no entitlement to terminate it prior to deposit<br />

maturity term, in accordance with terms and conditions of deposit. 61<br />

Cabinet Regulation No.552 of 21 June 2010 "Procedures for Approval of Invitations<br />

and Drawing up of Written Requests" simplifies the administrative procedure:<br />

1) inviting person may request changes in an approved invitation, if he has given<br />

inaccurate information in the application. Changes are made within one working day.<br />

Changes should not be made if the inviting person has made significant errors in the<br />

given name or surname of the third-country national, because it is impossible to identity<br />

the third-country national. In such a case, a new invitation shall be drafted;<br />

2) inviting person may purchase a health insurance policy for a third-country national and<br />

to present it by submitting a request for an invitation, thus releasing the third-country<br />

national from the obligation to purchase a policy and to present it when requesting a<br />

visa. There is no such opportunity if a third-country national will request a visa at a<br />

diplomatic or consular mission of a Member State of the Schengen agreement with<br />

which agreement on representation has been signed;<br />

3) provides the procedure for drafting a written request which enables an inviting party to<br />

choose – draft an invitation in the Office of Citizenship and Migration Affairs, which is<br />

not obligatory to be sent to diplomatic or consular missions of the Republic of Latvia<br />

because they see data online in the Register of Invitations 62 , or to send an invitation<br />

issued for a third-country national in paper form, which will be submitted by the thirdcountry<br />

national when requesting a visa, at diplomatic or consular mission of the<br />

Republic of Latvia;<br />

4) there is no requirement for a legal entity to submit documents about payment of tax, but<br />

only a written confirmation which shall be included in the request;<br />

5) the regulatory enactment grants the rights to submit an invitation request also for<br />

citizens of Member States of the European Union, the European Economic Area, and<br />

the Swiss Confederation, if they wish to invite a third-country national to reside in the<br />

Republic of Latvia;<br />

61 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

62 State information systems which includes information about invitations issued to third-country nationals.


31<br />

6) the regulatory enactment expands the group of persons whom a third-country national,<br />

who has a valid temporary residence permit in the Republic of Latvia, has the rights to<br />

invite;<br />

7) the regulatory enactment provides an opportunity to submit an application and<br />

documents for drawing up an invitation also to the electronic united portal of state and<br />

municipal services.<br />

On 1 July 2010, Cabinet Regulation No.550 of 21 June 2010 "Regulations regarding<br />

the Amount of Necessary Financial Means for a Foreigner and Procedures for the<br />

Determination of the Existence of Financial Means" 63 entered into force which provide the<br />

amount of financial means necessary for a third-country national in order to enter and to<br />

reside in the Republic of Latvia or in other Member State of the Schengen Agreement, to<br />

return to the country of origin or to leave to a third country where he has the rights to travel, as<br />

well as the procedures for the determination of existence of such financial means. The<br />

Regulations determine the amount of financial means for third-country national wishing to<br />

request a temporary residence permit in compliance with the new principles of issuance of a<br />

residence permit (Clauses 26, 28, and 29 of Section 23 of the Immigration Law), in order the<br />

said third-country national would not cause additional burden to the social assistance system<br />

of the Republic of Latvia. 64<br />

On 13 August 2010, Cabinet Regulation No.725 of 3 August 2010 "Regulations<br />

regarding the Territorial Competence of the Diplomatic and Consular Missions of the Republic<br />

of Latvia for Requesting of Visas" 65 entered into force providing the territorial competence of<br />

diplomatic and consular missions of the Republic of Latvia abroad in requesting visas.<br />

On 29-31 March 2010, one-day seminars were held "Procedure for approval of<br />

invitations for third-country nationals", which were organised within the framework of project<br />

“Development and introduction of training programmes for increasing the competence of<br />

providers of services to third-country nationals” of the European Fund for the Integration of<br />

third-country nationals. The seminar attendees were totally 78 employees of the Office of<br />

Citizenship and Migration Affairs whose work is related to approval of invitations. The Project<br />

63 Published.// The Latvian Herald, No 100, 28.06.2010.<br />

64 Executive summary to the Draft Regulations of the Cabinet of Ministers "Regulations regarding the Amount of<br />

Necessary Financial Means for a Foreigner and Procedures for the Determination of the Existance of Financial<br />

Means".// http://www.mk.gov.lv/lv/mk/tap/pid=40176246 – [see: 14.05.2010]<br />

65 Published.// The Latvian Herald, No 127, 12.08.2010.


32<br />

was implemented by joint-stock company "Datorzinību centrs" in partnership with the Office<br />

of Citizenship and Migration Affairs. 66<br />

On 26 August 2010, the Office of Citizenship and Migration Affairs received guests<br />

from the state administration of Tajikistan in a visit for exchange of experience; the guests<br />

visited Latvia in order to familiarise themselves with development and enforcement of social<br />

policy and to prepare proposals for the development of the employment policy in Tajikistan.<br />

By taking into account the intention of Tajikistan to combine migrations service with<br />

employment service, the employees of the Tajikistan state administration were the most<br />

interested in the experience of the Office of Citizenship and Migration Affairs in issuance of<br />

work permits and drawing up of residence permits to third-country nationals who wish to live<br />

and work in Latvia legally. Also, the representatives of the delegation were interested in the<br />

most recent trends regarding migration of labour force. The visit was organised within the<br />

framework of project “Technical aid to the support programme in the sector of social protection<br />

policy: competence of employment policy" financed by the European Union.<br />

As the currently valid Repatriation Law 67 was adopted in 1995 and has not been<br />

changed since according to updates, the project of the new Law elaborated by the Office of<br />

Citizenship and Migration Affairs might be submitted to Saeima in the beginning of 2011. The<br />

Office of Citizenship and Migration Affairs has already prepared and the Cabinet of Ministers<br />

with start reviewing, within the nearest future, the amendment to the Immigration Law which<br />

will pertain to people of Latvian origin wishing to return to live in Latvia. But the new<br />

Repatriation Law will mainly include and describe aid from the State of Latvia that repatriates<br />

will be able to apply for and receive. 68<br />

4.3.2. Changes in the European Union Perspective<br />

On 8 August 2010, the Cabinet of Ministers approved Draft law developed by the<br />

Ministry of Foreign Affairs "Regarding the Agreement between the Government of the<br />

Republic of Latvia and the Government of the Republic of Belarus on the Simplifying the<br />

Mutual Visits of Residents of the Frontier Territories". 69 The Draft Agreement between the two<br />

governments has been developed in order to simplify mutual visits of residents of the territories<br />

66 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

67 Repatriation Law.// The Latvian Herald, No 155, 10.10.1995.<br />

68 Zvirbulis Ģ., Top jauns Repatriācijas likums (New Repatriation Law Developing).//<br />

http://www2.la.lv/lat/Latvian_avize/jaunakaja_numura/Latvian.zinas/doc=89436 – [see: 25.11.2010]<br />

69 Draft law "Regarding the Agreement between the Government of the Republic of Latvia and the Government of<br />

the Republic of Belarus on the Simplifying the Mutual Visits of Residents of the Frontier Territories" .//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40164486&mode=mk&date=2010-08-10 – [see: 11.08.2010]


33<br />

of the Latvian and Belarus border areas, by issuing local border traffic permits. Currently,<br />

residents of the territories of the Latvian and Belarus border areas travel in compliance with the<br />

terms and conditions of the Agreement of 27 November 2002 insofar as they are not contrary to<br />

European Union regulations. In order to determine the procedure of travel for residents of the<br />

border areas in accordance with European Union regulations, a new agreement must be signed<br />

and approved by Saeima. It is planned to issue local border traffic permits for a period from<br />

one to five years. The draft Agreement provides that residents of the border territories who hold<br />

a local border traffic permit will be allowed to stay in the territory of the border area of the<br />

other party for 90 days during six months’ period 70 . The project implementation partners in<br />

Latvia the State Employment Agency. The Agreement will enter into force after it is ratified by<br />

the governments of both states. 71<br />

4.4. Integration<br />

4.4.1. Changes in the National Perspective<br />

The Law “Amendment to the Immigration Law” that came into force on July 1, 2010<br />

revokes the regulation which provided that pupils and students of educational establishments<br />

are not entitled, during the validity term of a residence permit, to submit documents to the<br />

Office of Citizenship and Migration Affairs for requesting a residence permit for another<br />

reason of residence. Thus, students could continue their stay in the Republic of Latvia after<br />

their studies due to concluded marriages, employment, business, by submitting documents to<br />

the Office of Citizenship and Migration Affairs, instead of leaving the territory of the Schengen<br />

Member State and by submitting documents to a mission, as it was before. Thus, attraction of<br />

also highly qualified labour force to Latvia from third countries is facilitated, as well as gradual<br />

integration of such labour force in the society.<br />

The Student Council of the University of Latvia, in cooperation with the Student<br />

Parliament of Riga Technical University offered all students to participate in a free-of-charge<br />

language training programme Couple Training, which is envisaged for foreign students who<br />

wish to learn the Latvian language, and for Latvian students who wish to learn foreign<br />

languages. The main task for both Latvian and foreign students of the programme is: to teach<br />

70 Executive summary to draft law "Regarding the Agreement between the Government of the Republic of Latvia<br />

and the Government of the Republic of Belarus on the Simplifying the Mutual Visits of Residents of the Frontier<br />

Territories".// http://www.mk.gov.lv/lv/mk/tap/pid=40164486&mode=mk&date=2010-08-10 – [see: 11.08.2010]<br />

71 Interesējas par darbaspēka migrāciju un darba atļauju izsniegšanu ārzemniekiem (Interest in Labour Force<br />

Migration and Issuance of Work Permits to Foreigners).//<br />

http://www.pmlp.gov.lv/lv/news/news_id=57 0- [see: 27.08.2010]


34<br />

their native language to their language partner. The objective of the programme is to promote<br />

also the creating of cross-cultural dialogue among students. The programme lasted three<br />

months and included two control meetings monthly when the teachers and learners of the<br />

language had an opportunity to test their newly acquired knowledge in practice. 72<br />

In 2010, within the framework of the European Fund for the Integration of third-country<br />

nationals Programme 2008, the implementation of the EU co-financed project “Development<br />

and introduction of training programmes for increasing the competence of providers of services<br />

to third-country nationals” was continued. The said project is implemented by joint-stock<br />

company "Datorzinību centrs" in cooperation with the Office of Citizenship and Migration<br />

Affairs. The aim of the project is to develop a special training programme for acquiring and<br />

studying of matters of integration, cross-cultural dialogue and diversity for those employees of<br />

the Office of Citizenship and Migration Affairs and local government institutions who ensure<br />

the provision of services to third-country nationals thus improving the competence of the<br />

persons in service.<br />

Within the framework of the said project, a seminar was organised on 4 March 2010 for<br />

employees of local government institutions, and one-day seminars were organised on 29-31<br />

March 2010 for totally 75 employees of the Office of Citizenship and Migration Affairs. 73<br />

4.4.2. Changes in the European Union Perspective<br />

On 26 March 2010, Law "Amendments to the Education Law" 74 entered into force<br />

after adoption by Saeima on 4 March 2010. The purpose of the said Law is to ensure that every<br />

resident of Latvia has the opportunity to develop his or her mental and physical potential, in<br />

order to become an independent and a fully developed individual, a member of the democratic<br />

State and society of Latvia. It must be noted that the above-mentioned Amendments to the Law<br />

define the group of persons precisely who have the right to acquire education: citizens of<br />

Latvia; non-citizens of Latvia; citizens of the European Union, citizens of the European<br />

Economic Area or citizens of the Swiss Confederation who hold a valid residence permit in the<br />

Republic of Latvia; stateless persons who hold a valid travel document of a stateless person<br />

issued in the Republic of Latvia; citizens or stateless persons of a third country who hold a<br />

valid residence permit in the Republic of Latvia; refugees or persons who have obtained the<br />

alternative status; personas who have received temporary protection in the Republic of Latvia.<br />

72 Kārkliņa D. Latvijas and ārzemju studenti cits citam mācīs valodu (Latvian and Foreign Students Will Teach<br />

Languages to Each Other).// http://www.diena.lv/lat/business/karjera/izglitiba/Latvian-un-arzemju-studenti-citscitam-macis-languages<br />

– [see: 26.02.2010]<br />

73 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

74 Law "Amendments to the Education Law".// The Latvian Herald, Nr 47, 24.03.2010.


35<br />

A minor third-country national or stateless person who does not have the legal basis to<br />

reside in the Republic of Latvia has the right to acquire elementary education during a period<br />

stated for voluntary return, or during a period for which expulsion has been postponed, as well<br />

as during detention of him or her.<br />

In compliance with the above-mentioned Law "Amendment to the Education Law", a<br />

fee for the acquisition of elementary education and secondary education for the above-indicated<br />

persons shall be determined and paid in accordance with the same procedure as for citizens of<br />

Latvia and non-citizens of Latvia 75 . The Office of Citizenship and Migration Affairs has<br />

already noted in its Policy report on Migration and Asylum in Latvia in Year 2009 that the<br />

draft framework document for the society integration policy “Main Positions of the Society<br />

Integration Policy 2010-2016” was developed. During the development of the said draft law,<br />

public debates were organised during the period from 3 August to 6 September 2010. During<br />

the debates, 180 non-governmental organisations were addressed. On 14 October 2010, public<br />

debates for the draft document were organised with 37 participants from various state<br />

institutions, governmental organisations, as well as scientists and journalists. Planning period<br />

stage was changed in the draft document and action fields were specified, thus the title of the<br />

document now is "Main Positions of the Society Integration Policy 2011-2017" and it sets four<br />

main fields of integration policy:<br />

1. strengthening of the national identity, including the acquisition of citizenship and<br />

promotion of civic participation;<br />

2. development of the cross-cultural dialogue, including the development of communication<br />

skills and competences, cross-cultural dialogue space and the state language skills;<br />

3. prevention of discrimination and promotion of tolerance;<br />

4. integration of immigrants.<br />

The issues covered in the main positions correspond with the tasks set in the Stockholm<br />

Programme for ensuring a common space of freedom, safety and justice. The project with main<br />

positions is being prepared for the announcement by the meeting of the State Secretaries. 76<br />

When developing the programmes for the European Fund for the Integration of thirdcountry<br />

nationals under the General Programme of Solidarity and Management of Migration<br />

Flows for 2007-2013, consultations are held with those non-governmental institutions which<br />

work with matters of integration of immigrants, human rights, anti-discrimination and culture<br />

75 Information provided by officials of the Ministry of Education and Science.<br />

76 Information provided by officials of the Ministry of Justice.


36<br />

diversity, as well as with those organizations which work in the field of protection of interests.<br />

Proposals, objections and recommendations from such organizations are taken into account<br />

when planning activities and results of each annual programme.<br />

One of the most important instruments to promote participation in decision making<br />

process is the consultative mechanisms that are established at both national and local<br />

government levels. Currently, three national level consultation boards operate in Latvia: the<br />

Minorities Consulting Council of the President of the State, the Consultative Council of the<br />

Representatives of Minorities Non-Governmental Organizations for supervision of the<br />

implementation of the European Council Framework Convention for the Protection of National<br />

Minorities under the Ministry of Justice, and the Consultative Council of the Ministry of<br />

Education and Science in the matters of education of minorities. Wide representation of<br />

national minorities is ensured in the councils, and two councils are chaired by representatives<br />

of national minorities.<br />

Local government society integration commissions (councils) work in the local<br />

government level, and their competence includes the participation in development of the<br />

society integration programmes, promotion of civic participation, improvement of cooperation<br />

with societies of national minorities, participation in implementation of projects that promote<br />

the social integration, as well as solving of other matters related to social integration. Such<br />

consultative mechanisms currently have been created in four city local governments; there are<br />

seven various councils and commissions working in them in the field of social integration and<br />

for the matters of non-citizens. Social integration programmes have been developed in several<br />

local governments.<br />

Also, the cooperation with the civic society is formed within the framework of the<br />

council for the implementation of the cooperation memorandum of the Cabinet of Ministers<br />

and non-governmental organisations, as well as within the framework of the Civic Society<br />

Council lead by the Ministry of Justice.<br />

Currently, the European Fund for the Integration of third-country nationals is the main<br />

financial instrument for the ensuring of activities for the integration of immigrants. The<br />

Multiannual Programme of the Fund and annual programmes are developed in compliance with<br />

the Common Basic Principles for Integration and activities that are planned under such<br />

programmes are focused on the provision of language training and the improvement of access<br />

to the labour market, social services and public events.


37<br />

In 2010, the Ministry of Justice implemented Project of Programme 2008 "Information<br />

Campaign for the Latvian Society regarding Third-Country Nationals", within the framework<br />

of which the strategy for the resident information 2011-2015 was developed, as well as the plan<br />

for information of residents for 2010, TV and radio broadcasts in Latvian and Russian were<br />

created and broadcasted, short movies were made and broadcasted on television, publications<br />

were made in Latvian, Russian and English in newspapers and on Internet news portals,<br />

outdoor advertising posters were designed and placed on public stands and at public transport<br />

stops, outdoor advertisements were placed on buses in Riga city and on intercity buses, 2,000<br />

information posters have been made and delivered for further dissemination in educational<br />

establishments thus ensuring that the attention of the teaching staff and youth is drawn to<br />

matters related to the project target audience.<br />

Within the framework of the project, the Ministry of Justice organized six interactive<br />

informative events: three of them were organized in Riga and three were organized in the<br />

largest regional cities of Latvia: Liepaja, Daugavpils and Jelgava. Target audience of the<br />

seminars were experts of the state administration, service providers, representatives of<br />

associations and foundations. The aim of the event was to inform the experts and<br />

representatives of the civic society about the main tasks of the European integration policy and<br />

the directions of its development, to introduce with issues identified during the project of the<br />

Fund, and to inform about the main aspects of integration of immigrants. In order to specify<br />

practical matters related to integration of immigrants and to promote a dialogue among<br />

immigrants and experts involved in the integration process, third-country nationals from<br />

Russia, Ukraine, Georgia and Algeria participated in the events. Their participation in the<br />

provision of information was an important added value to the event, which encouraged the<br />

exchange of ideas and gave an opportunity to the participants to gain broader view about the<br />

different needs of the target audience. 77<br />

Contribution to the European Integration Forum is ensured in cooperation with nongovernmental<br />

institutions leading integration of immigrants. In compliance with the call of the<br />

European Commission, representatives of two non-governmental organizations that are leading<br />

in the field of the integration of immigrants are delegated to each meeting. The Ministry of<br />

Justice represents Latvia in the European Commission network of National Contact Points on<br />

Integration; the network has been established for better coordination of the European<br />

integration policy. Information for the integration homepage is updated using the network of<br />

77 Information provided by officials of the Ministry of Justice.


38<br />

National Contact Points on Integration, as well as in cooperation with a researcher Dace Akule<br />

from the “Centre for Public Policy “Providus””, who supplements the homepage information<br />

on a regular basis about integration news in Latvia.<br />

By planning the activities for the programmes 2007-2013 of the European Fund for the<br />

Integration of third-country nationals under the General Programme of Solidarity and<br />

Management of Migration Flows, events are planned that promote the civic participation of<br />

third-country nationals, as well as events that promote the development of cross-cultural<br />

dialogue. By implementing the programmes 2007-2013 of the said Fund, several training<br />

materials and programmes were developed in the matters of management of diversity and<br />

cross-cultural competence:<br />

1) society "The Education Development Centre" implemented project "Improvement of<br />

professional competence of teachers in cross-cultural education", within the framework of<br />

which a training programme for teachers was developed;<br />

2) society “Centre for Public Policy “Providus”” implemented project "Teachers acquire the<br />

cross-cultural skills", within the framework of which educational content for teachers was<br />

developed;<br />

3) joint-stock company "Datorzinību centrs" developed training programmes for teachers<br />

"Cross-cultural communication and its specifics in the field of education” and "Knowledge<br />

transfer methodology and the multiplier working methods", as well as training programme for<br />

increasing the competence of service providers to third-country nationals: module "Crosscultural<br />

competence for building of dialogue in work with third-country nationals", which was<br />

developed also as an e-training course;<br />

4) International Organization for Migration implemented project "Security and tolerance:<br />

preconditions for successful integration of immigrants in Latvia" and developed a training<br />

material for employees of law enforcement institutions regarding prevention, combating of<br />

racism and intolerance, and promotion of tolerance towards third-country national;<br />

5) society "The Latvian Centre for Human Rights" implemented project "Different clients in<br />

the diverse Latvia, set of training courses" where parts of the training courses were prepared:<br />

"Introduction to diversity of cultures", "Introduction: what is discrimination", "Diversity<br />

management", "Positive action", "Analysis of best practices in the EU and Latvia" and<br />

methodological guidelines of the 5 said courses and handouts were prepared, same as material<br />

"Different client in the diverse Latvia" for employees of institutions that provide services to<br />

third-country nationals;


39<br />

6) Latvian Language Agency implemented project "Teachers in the cross-cultural space" as a<br />

result of which the educational programme was developed and a training methodological<br />

material was published in the end. 78<br />

On 12 January 2010, the Cabinet of Ministers approved the concept of electronic<br />

identification cards prepared by the Ministry of Regional Development and Local Government,<br />

which provides the introduction of new personal identification documents: electronic<br />

identification cards.<br />

The concept developed by the Ministry of Regional Development and Local<br />

Government provides that the Office of Citizenship and Migration Affairs will ensure the<br />

issuance of electronic identification cards but a private partner will ensure the functions of a<br />

reliable certification service provider. 79 In 2010 procurement procedure was started for the<br />

supply of preforms for the preparation of the electronic identification cards. 80<br />

The Ministry of Regional Development and Local Government indicates that the<br />

proposed electronic identification cards will ensure not only the identification of residents<br />

when going abroad or when receiving public and municipal services in presence, but also<br />

authentication in the electronical environment. The concept also plans that, by developing e-<br />

government in Latvia, new identification cards will become especially important in the<br />

utilisation of public and municipal e-services.<br />

Electronic identification cards will be available to any resident of Latvia as well as<br />

foreigners who reside here with a temporary residence or a permanent residence permit.<br />

Stickers of residence permits, which still are placed in passports of third-country nationals by<br />

the Office of Citizenship and Migration Affairs, is one of the factors that has speeded up the<br />

decision to implement the electronic identification cards.<br />

Electronic identification cards issued in Latvia will have two main functions: a personal<br />

identification document with which one will be able to travel freely in the Schengen territory,<br />

and e-signature. 81<br />

In 2010, the Office of Citizenship and Migration Affairs has organised and completed<br />

procurement procedure "Issue and delivery of blanks of personal certificates (electronic<br />

identification cards and electronic residence permit cards)" as well as has prepared draft law<br />

78 Information provided by officials of the Ministry of Justice.<br />

79 Electronisko ID karšu ieviešana izmaksās 9,21 miljonu latu (Costs of the Electronic ID Card Introduction: 9.21<br />

Million Lats) // http://www.apollo.lv/portal/news/articles/190948 - [see: 30.11.2010]<br />

80 Information provided by officials of the Office of Citizenship and Migration Affairs<br />

81 Zaļā gaisma alternatīvai pasei (Green Light for Alternative Passport).// http://zinas.nra.lv/Latvia/16709-zalagaisma-alternativai-pasei.htm<br />

- [see: 30.11.2010]


40<br />

"Personal Identification Documents Law" 82 that was announced in the meeting of the State<br />

Secrataries on December 30, 2010. Within the framework of the draft law the matters related to<br />

the issuance of electronic identification cards will be specified. Electronic identification cards<br />

will be issued as personal identification documents but to third-country nationals electronic<br />

identification cards will be issued as a personal identification certificate with a residence<br />

permit, pursuant to European Council Regulation No. 1030/2002 of 13 June 2002 83 laying<br />

down a uniform format for residence permits for third-country nationals. 84<br />

4.5. Citizenship and Naturalisation<br />

4.5.1. Changes in the National Perspective<br />

Due to the joining of the Naturalisation Board to the Office of Citizenship and<br />

Migration Affairs, Cabinet Regulation No.155 of 2 February 1999 “Procedure for the<br />

Submission and Review of the Application on the Recognition of a Child to be a Citizen of<br />

Latvia regarding Recognition of a Child as a Citizen of Latvia” 85 entered into force on 1<br />

March 2010 which was issued pursuant to Paragraph four of Section 3. 1 of the Citizenship<br />

Law.<br />

Cabinet Regulation No.156 of 16 February 2010 "Amendment to the Cabinet<br />

Regulation No. 353 of 29 May 2007 "Regulations on the Examination of the Latvian Language<br />

Skills, the Main Provisions of Satversme of the Republic of Latvia, Text of the National<br />

Anthem, and Latvian History Skills as Stated in the Citizenship Law" 86 entered into force on 1<br />

March 2010, which was issued pursuant to Paragraph four of Section 12, Section 19, and<br />

Paragraph two of Section 21 of the Citizenship Law. The said Regulation provides considerable<br />

privileges in passing examination of language skills by stating that an official authorised by the<br />

head of the Office of Citizenship and Migration Affairs, by taking into account a statement or<br />

opinion of the State Medical Commission for the Assessment of Health Condition and Working<br />

Ability or its structural unit: a statement or opinion of general or specialised profile medical<br />

commission for the assessment of health condition and working ability, is entitled to grant<br />

privilege procedure for examination of language skills and other skills or to release from<br />

examination persons to whom disability has been stated.<br />

82 Draft Law „Personal Identification Documents Law”.// http://www.mk.gov.lv/lv/mk/tap/pid=40202295 - [See<br />

14.01.2011.]<br />

83 Published: The Official Journal, L 157, 15.06.2002.<br />

84 Information provided by the officials of the Office of Citizenship and Migration Affairs<br />

85 Published: The Latvian Herald, No.33, 26.02.2010.<br />

86 Published: The Latvian Herald, No.33, 26.02.2010.


41<br />

On 10 March 2010, Cabinet Regulation No.152 of 16 February 2010 "Amendments to<br />

the Cabinet Regulation No. 34 of 2 February 1999 “Procedure for the Acceptance and Review<br />

of Naturalisation Applications"" 87 , which was issued in compliance with Paragraph two of<br />

Section 17 of the Citizenship Law came into force. The Regulation provides that it will be<br />

possible to submit a naturalisation application to the Office of Citizenship and Migration<br />

Affairs starting from 1 March 2010. Also, the Regulation provides that, if a person does not<br />

have any of documents required for decision making, but it is available to the Office of<br />

Citizenship and Migration Affairs or another institution, the Office of Citizenship and<br />

Migration Affairs shall obtain such a document itself instead of requesting it from a participant<br />

of the administrative process, pursuant to the Administrative Procedure Law. 88<br />

87 Published: The Latvian Herald, No.38, 09.03.2010.<br />

88 Executive summary to Draft Regulation of the Cabinet of Ministers "Amendments to the Cabinet of Ministers<br />

Regulation No. 34 of 2 February 1999 “Procedure for the Acceptance and Review of Naturalisation<br />

Applications"".// http://www.mk.gov.lv/lv/mk/tap/pid=40163583- [see: 29.01.2010]


42<br />

5. ILLEGAL IMMIGRATI<strong>ON</strong> <strong>AND</strong> RETURN<br />

5.1. Illegal Immigration<br />

5.1.1. Changes in the National Perspective<br />

On 28 October 2010, Draft law "Amendments to the Road Traffic Law" was announced<br />

by the meeting of the State Secretaries stipulating the obligation of a driver of a mechanical<br />

vehicle to present documents, upon a request of a border guard, not only in the frontier zone<br />

but also in all the territory of the state, in order to ensure equally efficient combating of illegal<br />

immigration in the country generally. 89<br />

5.1.2. Changes in the European Union Perspective<br />

On 17-18 May 2010, the fifth meeting of the joint working party of Latvia and Russia<br />

for fight against illegal migration was held. During the meeting, its participants reviewed<br />

matters of the situation in the field of migration, changes in regulatory enactments in the field<br />

of migration and the results of fulfilment of the readmission agreement. 90 The next meeting<br />

will be held in February 2011 in Moscow. 91<br />

On 16 October 2010, Cabinet Regulation No. 958 of 12 October 2010 "Visa<br />

Regulations" 92 entered into force. The said Regulation provides the procedure for submission<br />

of documents to request a visa, issuing, registration, annulment and cancellation of a visa,<br />

stating expiry date of a visa, the extent of information to be included in information systems<br />

(the National Visa Information System and the Visa Register) and the procedure for utilisation<br />

thereof at border crossings where a visa may be issued in accordance with Regulation (EC) No.<br />

810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a<br />

Community Code on Visas (Visa Code) 93 . The said Regulation harmonizes the procedure for<br />

issuance of national or long-term visas of Latvia with the practice of Schengen visa issuance,<br />

and it also reduces the administrative burden. It must be noted that the Regulation contains<br />

improvements for fight against illegal migration. In the future, when detecting violations of the<br />

immigration and residence provisions, the State Border Guard will be entitled to annul or<br />

89 Valsts robežsardze varēs pieprasīt autovadītājiem uzrādīt dokumentus visā valsts teritorijā (The State Border<br />

Guard will Have the Right to Request Drivers to Present Documents in the Whole Territory of the State).//<br />

http://iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=19335 – [28.10.2010]<br />

90 Notiek Apvienotās Latvijas-Krievijas darba grupas par jautājumiem cīņa pret nelegālo migrāciju tikšanās<br />

(Meeting of the Joint working Party of Latvia and Russia for Fight against Illegal Migration Held).//<br />

http://www.rs.gov.lv/rel=1304&id=35&top=-1 – [see: 17.05.2010]<br />

91 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

92 Published: The Latvian Herald, No.164, 15.10.2010.<br />

93 Published: The Official Journal, L 243, 15.09.2009.


43<br />

cancel a visa of third-country nationals not only at the state border but also in the territory of<br />

the state. Until such provisions entered into force, such rights were exercised only by the Office<br />

of Citizenship and Migration Affairs. 94<br />

To facilitate the prevention of illegal immigration, the State Border Guard actively<br />

cooperates with countries of origin and transit of illegal immigrants.<br />

Officials of the State Border Guard and the Office of Citizenship and Migration Affairs<br />

participated in experience exchange activities organised by the Riga Office of the International<br />

Organization for Migration in 2010 in Austria, Georgia and Armenia.<br />

The State Border Guard, in cooperation with representatives of the Border Guard of the<br />

Republic of Estonia performs joint patrol on the internal borders, as well as in the<br />

administrative territories of the Latvian and Estonian frontier.<br />

In 2010, the State Border Guard continued to develop new draft agreements and<br />

protocols in order to promote the return of illegal immigrants to their country of origin, namely,<br />

draft readmission agreements and fulfilment protocols with the Republic of Kazakhstan and the<br />

Republic of Kosovo, which have been sent for agreement. Draft protocols have been developed<br />

for the fulfilment of the readmission agreements signed by the European Community, the<br />

Former Yugoslav Republic of Macedonia and Bosnia and Herzegovina. Fulfilment protocol has<br />

been signed between the Republic of Latvia and Moldova for readmission agreements signed<br />

by the European Community.<br />

According to the initiative of the State Border Guard, the Amendments to the<br />

Immigration Law were made with the aim to reduce misuse of residence permits and<br />

opportunities to receive a visa.<br />

The State Border Guard as the responsible institution for the adoption of Directive<br />

2008/115/EC of the European Parliament and of the Council of 16 December 2008 (henceforth<br />

– Directive 2008/115/EC) on common standards and procedures in Member States for<br />

returning illegally staying third-country nationals 95 , has prepared draft law "Amendments to the<br />

Immigration Law" and continues its work in development of subordinated Cabinet of Ministers<br />

regulations 96 . The draft law "Amendments to the Immigration Law" was reviewed in the<br />

94<br />

Apstiprina jaunu vīzu izsniegšanas kārtību (New Procedure for Visa Issuance Confirmed).//<br />

http://www.rs.gov.lv//id=35&sa=&top=-1&rel=1479 – [see: 15.10.2010]<br />

95 Published: The Official Journal, L 348/98, 24.12.2008.<br />

96 Information provided by officials of the State Border Guard.


44<br />

meeting of the Cabinet of Ministers on 21 December, 2010 and will be submitted to Saime for<br />

review. 97<br />

In 2010, the State Border Guard has not signed agreements with any of Member States<br />

of the European Union on cooperation in the field of return of illegal immigrants. In 2010, the<br />

State Border Guard has not participated in joint activities of return. The State Border Guard, in<br />

cooperation with Member States of the European Union in 2010, has participated in two<br />

activities, in order to provide assistance to institutions of the Member States of the European<br />

Union in the Mediterranean region in identification and expulsion of illegal immigrants. 98<br />

In order to fully transpose the requirements of Directive 2009/52/EC of the European<br />

Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions<br />

and measures against employers of illegally staying third-country nationals, 99 (henceforth –<br />

Directive 2009/52/EC), draft law "Amendments to the Labour Law" has been developed, as<br />

well as draft law "Amendments to the Criminal Law” and draft law "Amendments to the<br />

Associations and Foundations Law". The said draft laws were submitted and announced at the<br />

meeting of the State Secretaries on 28 October 2010. In compliance with protocol decision No.<br />

42 of the meeting of the State Secretaries of 28 October 2010, the Ministry of Welfare has been<br />

assigned the task of coordination of the draft laws and their executive summaries and of<br />

submission of coordinated drafts to the State Chancellery. 100<br />

By adopting the requirements of Directive 2009/52/EC, it is suggested to supplement<br />

the Labour Law with the obligation to an employer to request a third-country national, prior to<br />

starting the job, to present a valid visa or residence permit, as well as a valid work permit, if<br />

necessary. An employer will also need to ensure storage of such documents during the whole<br />

period of employment of a third-country national and presentation of the documents upon a<br />

request of supervision and control institutions. Also, it is planned to provide in the Labour Law<br />

that the payment of unpaid salary of an illegally entered third-country national is the<br />

responsibility not only of his or her direct employer, but also a general contractor, if he or she<br />

has fully or partially delivered the fulfilment of initial contractual obligations to the<br />

employer. 101<br />

97 Information provided by officials of the State Border Guard.<br />

98 Information provided by officials of the State Border Guard.<br />

99 Published: Official Journal, L 168, 30.06.2009.<br />

100 Information provided by officials of the Ministry of Welfare.<br />

101<br />

Executive summary to draft law "Amendments to the Labour Law".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40194425- [see: 24.11.2010]


45<br />

Changes in other laws are also planned in relation to the amendments to the Labour<br />

Law. The prepared amendments to the Latvian Administrative Violations Code 102 envisages an<br />

administrative fine to employers for employment of illegally staying third-country nationals.<br />

The amount of a fine for natural persons is planned in the amount of 150-350 lats, for legal<br />

entities 750-3,000 lats. A fine is envisaged for employment of more than five such persons for<br />

natural persons in the amount of 350-500 lats, for legal entities 3,000-10,000 lats. 103<br />

Amendments to the Criminal Law provide in specific cases, criminal liability of an employer<br />

for employment of third-country nationals who have entered the state illegally. It is planned to<br />

apply it if a minor is employed, if people have been employed in particularly exploiting work<br />

conditions, or if a victim of human trafficking has been employed intentionally. Punishment to<br />

an employer for such offences is arrest, forced labour or a fine in the amount of up to 200<br />

minimum monthly wages. 104<br />

On 7 September 2010, a meeting was held in the Ministry of Interior regarding the<br />

matters of labour force exploitation. The meeting was attended by experts in combating and<br />

prevention of human trafficking from the Prosecutor General’s Office, the State Police, the<br />

State Border Guard, the Ministry of Foreign Affairs, the Ministry of Welfare and Society<br />

"Shelter "Safe House"", as well as institutions which until now were not involved in combating<br />

and prevention of human trafficking - State Work Inspections and the State Employment<br />

Agency.<br />

During the meeting, its participants agreed that a common understanding of labour<br />

force was necessary, by developing updated criteria for the practical identification of labour<br />

force exploitation, increased focus on detection of possible victims of labour force, as well as<br />

on cooperation among the institution in provision of information to a potential victim who<br />

leaves the country for work abroad and a victim of labour force exploitation. 105<br />

In 2010, the State Border Guard, in compliance with Section 189 of the Latvian<br />

Administrative Violations Code for employment without a passport or work permit, called<br />

employers to account in 22 cases. 106<br />

Latvia is rarely used as a transit country for fulfilment of a return decision or<br />

deportation order which has been passed by another Member State of the European Union, thus<br />

102 Latvian Administrative Violations Code.// Ziņotājs, No.51, 20.12.1984.<br />

103<br />

Executive summary to draft law "Amendments to the Latvian Administrative Violations Code".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40194426 - [see: 24.11.2010]<br />

104 Executive summary to draft law "Amendments to the Criminal Law".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40194427 - [see: 24.11.2010]<br />

105 Pastiprinās cīņu pret darbaspēka ekspluatāciju (Fight Against Labour Force Exploitation Increases)/<br />

http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=19025 - [see: 25.11.2010]<br />

106 Information provided by officials of the State Border Guard.


46<br />

the State Border Guard has rare cases when it has to recognise in practice a return decision or<br />

order issued in another Member State of the European Union.<br />

In the State Border Guard, illegal migration routes and trends are identified by the<br />

Analytical Division of the Service Organization Department, Central Board of the State Border<br />

Guard where the information which has been received from the structural units of the State<br />

Border Guard and communication officers is summarised, as well as the information available<br />

on the FR<strong>ON</strong>TEX agency’s common information system (IC<strong>ON</strong>ET). After the information is<br />

summarised and analysis made, tactical warnings are prepared and sent to structural units of the<br />

State Border Guard. Information is also placed on the common information system of the State<br />

Border Guard where it is available for relevant services. 107<br />

For cooperation with countries of origin and transit of immigrants, the State Border<br />

Guard has sent, by presenting the interest of Latvia, Lithuania and Estonia, communication<br />

officers in the matters of immigration to Georgia, Belarus and Russia, a communication officer<br />

(airline coordinator) and a communication officer (document consultant) to Georgia. The State<br />

Border Guard plans to continue the activities in the said third countries also in 2011. The State<br />

Border Guard does not plan any changes in the field of operation of its communication<br />

officers. 108<br />

The Ministry of Interior, at the meeting of the State Secretaries on 17 June 2010,<br />

submitted a draft agreement regarding the cooperation of the Republic of Latvia and the<br />

Republic of Portugal for fight against transnational organized crime. It is envisaged that the<br />

agreement will provide the legal framework for the cooperation of the countries in fight against<br />

transnational organized crime in compliance with relevant regulatory enactments.<br />

Cooperation between the agreement parties in relation to combating illicit trafficking in<br />

narcotic drugs and psychotropic substances includes exchange of information about location<br />

and identification of persons or objects related to transnational organized crime, as well as<br />

exchange of information about human trafficking, sexual abuse of women and minors, illegal<br />

migration or illicit trafficking of stolen vehicles, money laundering or illegal legalization of<br />

other means or products, or illicit trafficking in weapons, munitions and explosives or nuclear<br />

weapons.<br />

The cooperation agreement will enable practical development of the cooperation<br />

between the two countries and will provide direct communication among competent law<br />

107 Information provided by officials of the State Border Guard.<br />

108 Information provided by officials of the State Border Guard.


47<br />

enforcement institutions of the both parties, in order the information exchange about planned<br />

or committed criminal offences would be fast.<br />

The Ministry of Interior has developed successful bilateral relations with several<br />

countries, and various cooperation agreements have been already signed with the majority of<br />

them. Similar agreements have been signed with 25 countries (Azerbaijan, Belarus, Lithuania,<br />

Estonia, Malta, Cyprus, Hungary, and other). 12 draft agreements have been elaborated (with<br />

Russia, Greece, Columbia, Ecuador, Rumania, and others). 109<br />

5.2. Return<br />

5.2.1. Changes in the European Union Perspective<br />

On 4 March 2010, Law "Amendments to the Education Law" provides the rights to<br />

acquisition of education for a minor third-country national or a stateless person who has not a<br />

legal basis to reside in the Republic of Latvia, the rights to acquire elementary education during<br />

the period stated for voluntary return, or during the period for which expulsion has been<br />

postponed, as well as during his or her detention.<br />

The State Border Guard as the responsible institution for the adoption of the Directive<br />

2008/115/EC, has prepared draft law "Amendments to the Immigration Law", which was<br />

reviewed in the meeting of the Cabinet of Ministers on 21 December, 2010 and will be<br />

submitted for review to Saeima in the nearest future. The Draft law will introduce new<br />

regulations to improve the standards and procedures in the Republic of Latvia in relation to<br />

return of third-country nationals:<br />

1) further also the State Border Guard will be entitled to issue voluntary return decisions;<br />

2) prohibition will be applied to persons to reside also in the territory of Member States of<br />

the Schengen Agreement after application of the national entry ban;<br />

3) during the procedure of appeal against return decisions or deportation orders, a thirdcountry<br />

national will have the right to receive legal assistance provided by the state<br />

according to cases and amounts stipulated in law;<br />

4) it will be possible to cancel a return decision or a deportation order, if the circumstances<br />

have changed which served as the basis for issuance of a relevant administrative deed.<br />

The Law provides that a third-country national shall not be expelled to a country in<br />

which the third-country national is endangered with persecution due to his or her race,<br />

109 Sagatavo Latvijas un Portugāles sadarbības līgumu cīņai ar organizēto noziedzību (The Cooperation Agreement<br />

between Latvia and Portugal for Fight against Organized Crime Prepared).//<br />

http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=18496 - [see: 25.11.2010]


48<br />

religion, nationality or belonging to a particular social group or political views, as well<br />

as if there is the basis to deem that he or she will be exposed to serious harm after return<br />

to his or her country of origin;<br />

5) it will be possible to cancel a deportation order for a third-country national, if he or she<br />

applies for the voluntary return programme;<br />

6) in compliance with the Directive, a return decision or a deportation order shall be issued<br />

also for a minor third-country national;<br />

7) an official of the State Border Guard, by making a decision on detention of a thirdcountry<br />

national and having evaluated each specific case, will have a possibility to<br />

apply alternative detention means for the third-country national. 110<br />

Readmission agreements between the Republic of Latvia and the European Union make<br />

contribution to successful fulfilment of return of illegal immigrants, by enabling efficient and<br />

targeted implementation of return activities. Implementation of the said agreements gives an<br />

opportunity for a third country to gather information on a number of its nationals who have<br />

been returned by forced return from the Republic of Latvia for offences related to illegal<br />

residence. 111<br />

In 2010, the Republic of Latvia has signed readmission protocols for fulfilment of<br />

agreements with the Russian Federation and the Republic of Moldova. The Commission of the<br />

European Union was informed about the conclusion of the readmission protocols with the said<br />

countries.<br />

Currently, bilateral readmission agreements are being drafted with the following<br />

countries: Azerbaijan, Kosovo and Colombia. 112<br />

By taking into account that agreements of the European Community with third countries<br />

provide signature of readmission protocols for the fulfilment of the bilateral agreements from<br />

the Member States, the Republic of Latvia has draft protocols for the fulfilment of the<br />

readmission agreement with the following third countries in the coordination process:<br />

1) The Former Yugoslav Republic of Macedonia;<br />

2) Bosnia and Herzegovina.<br />

The State Border Guard exchanges information regarding expelled persons with<br />

FR<strong>ON</strong>TEX agency in report form 113 .<br />

110 Draft law "Amendments to the Immigration Law".//http://www.mk.gov.lv/lv/mk/tap/pid=40178026 – [see: on<br />

Internet 24.11.2010]<br />

111 Information provided by officials of the State Border Guard.<br />

112 Information provided by officials of the Ministry of Interior.


49<br />

In 2010, the Office of Citizenship and Migration Affairs within the framework of the<br />

European Return Fund 2009 programme implements project "Creation and Development of the<br />

Digital Archive for Cases of Illegal Immigrants".The general objective of the said project is to<br />

increase the administrative capacity of involved institutions in the field of return and the<br />

specific objective is to start the creation of a digital archive for cases of illegal immigrants, by<br />

ensuring necessary equipment and software. It is planned to achieve the set targets by<br />

introducing the digital archive of cases of illegal immigrants, which would ensure obtaining,<br />

processing and use electronically of information, as provided for in the regulatory enactments,<br />

about a person who has violated the terms of entry and residence in the Republic of Latvia,<br />

which will considerably speed up decision making by responsible officials in the field of return<br />

of third-country nationals. 114<br />

In 2010, Riga Office of the International Organization for Migration, in cooperation with<br />

the Baltic Institute of Social Sciences and within the framework of the project co-financed by<br />

the European Return Fund has issued two research reports “Situation in the field of voluntary<br />

return” 115 and “Situation in the field of reintegration” 116 . The purpose of the studies was to<br />

provide a summary on the current situation in Latvia and about the best practices in the<br />

Member States of the European Union in the field of return and reintegration of persons who<br />

do not have the legal basis to reside in Latvia, as well as asylum seekers, refugees, persons to<br />

whom the alternative status has been granted (other type of international protection).<br />

By promoting voluntary return of illegal immigrants to their country of origin, the Riga<br />

Office of the International Organization for Migration continued the provision of important<br />

assistance in 2010 in return of illegal immigrants and returning to their living in their countries,<br />

within the framework of the project of the European Return Fund "Preparation of the system of<br />

voluntary return and reintegration in Latvia" which was started in 2009. The said project was<br />

completed on 30 June 2010, and 39 illegal immigrants used the assistance for voluntary return<br />

within the framework of it.<br />

In order to introduce complete module of return and reintegration of third-country<br />

nationals in Latvia, employees of the Office of Citizenship and Migration Affairs and the State<br />

113 Information provided by officials of the State Border Guard.<br />

114 Eiropas Atgriešanās fonda 2009.gada programmas projekts “Nelegālo imigrantu lietu digitālā arhīva<br />

izveidošana un attīstīšana” (Project “Creation and Development of the Digital Archive for Cases of Illegal<br />

Immigrants”) of Programme 2009 of the European Return Fund)//<br />

http://www.pmlp.gov.lv/lv/par_pmlp/projects/ERF_arhivs.html - [10.12.2010]<br />

115 Riga Office of the International Organization for Migration, Research. Situation in the Field of Voluntary<br />

Return.// Riga: IOM, 2010.-p.160.<br />

116 Riga Office of the International Organization for Migration., Research. Situation in the Field of Reintegration.//<br />

Riga: IOM, 2010.-p.136.


50<br />

Border Guard participated in seminars organized by Riga Office of the International<br />

Organization for Migration for employees of state institutions regarding the practice in<br />

voluntary return and reintegration in Austria and the Netherlands.<br />

In 2010, the Office of Citizenship and Migration Affairs has issued 97 voluntary return<br />

decisions. 117<br />

5.3. Prevention of Human Trafficking<br />

5.3.1. Changes in the European Union Perspective<br />

Until now, Latvia has signed cooperation agreements for the cooperation in fight against<br />

terrorism, organized crime and illegal trafficking of narcotic drugs, psychotropic substances and<br />

precursors and other criminal offences, within the framework of which cooperation is envisaged<br />

also in fight against human trafficking with Uzbekistan, Moldova, Azerbaijan, Belarus, and<br />

Armenia. Within the framework of the said agreements, information and data exchange is made,<br />

mutual operational activities are performed, as well as exchange of experience, consultations in<br />

the field of development of regulatory enactments, exchange of experience in the field of<br />

training or personnel. 118<br />

In 2010, two meetings of cross-border cooperation in the field of prevention of human<br />

trafficking were organized with, so far, the only country of origin of human trafficking victims<br />

as third-country national: competent officials of Belarus.<br />

On 10 June 2010, employees of the Human Trafficking Prevention Division of the<br />

Organised Crime Combating Department, the Chief Criminal Police Board of the State Police<br />

and the State Border Guard participated in the seminar which was organised in Vitebsk,<br />

Belarus "Cooperation of law enforcement institutions, international and non-governmental<br />

organizations in prevention of human trafficking". Within the framework of the seminar,<br />

meetings were held with the head of the criminal militia of the Narcotic Drugs and Human<br />

Trafficking Combating Department, the Ministry of Internal Affairs of Belarus. During the<br />

meeting with responsible officials, future course of mutual cooperation was discussed, as well<br />

as combating of human trafficking in the period from the end of 2007 till 2009, the results of<br />

successfully completed cross-border investigation against a group of Latvian and Belarusian<br />

citizens who organized delivery of young women for voluntary prostitution to Riga for several<br />

years.<br />

117 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

118 Information provided by officials of the Ministry of Interior.


51<br />

In 2007-2009, a network of human trafficking and soutenerism was stopped as a result<br />

of the cross-border investigation which was made successfully in both countries, and the<br />

organizers of the said network have been convicted.<br />

Representative of the Human Trafficking Prevention Division of the Organised Crime<br />

Combating Department, the Chief Criminal Police Board of the State Police participated in the<br />

international conference “Combating of Human Trafficking: New Challenges and Treats",<br />

which was organized by the International Organization for Migration, the Ministry of Internal<br />

Affairs of the Republic of Belarus, the International Development Cooperation Agency of<br />

Sweden and the Swedish Institute, and was held on 15 October 2010 in Belarus, Minsk:<br />

Chairperson of the Board of the Society “Shelter “Safe House””, S.Zalcmane, participated in<br />

the Conference with a presentation and mentioned marriage of convenience of citizens of<br />

Latvia as a new form in human trafficking as well as one of the most important problems the<br />

combated through cooperation of the State Police and non-governmental institutions and the<br />

Ministry of Foreign Affairs.<br />

In 2010, structural units of the State Border Guard have not cooperated with countries<br />

of origin and transit of third-country nationals in the field of combating of human trafficking. 119<br />

119 Information provided by officials of the State Border Guard.


52<br />

6. BORDER C<strong>ON</strong>TROL<br />

6.1. Control and Monitoring of Immigration on the External Borders<br />

6.1.1. Changes in the National Perspective<br />

By taking into account the importance of comparing of biometric data in detection of<br />

illegal immigration, the Law "Amendments to the Immigration Law" that came into force on<br />

July 1, 2010 determines that a third-country national shall have the duty to comply with the<br />

requirement of the state institutions for comparison of biometric data during border control and<br />

immigration control.<br />

On 29 June 2010, Cabinet of Ministers Regulation No.554 of 21 June 2010<br />

"Regulations regarding the Countries of Citizens for Whom Additional Examination is<br />

Performed in Issuance of a Visa or Residence Permit" 120 , entered into force which determines a<br />

list of countries of citizens for whom additional examination is performed when issuing a visa<br />

or a residence permit.<br />

On 1 July 2010, Cabinet of Ministers Regulation No.549 of 21 June 2010<br />

“Amendments to the Cabinet Regulation No. 365 of 26 May 2008 “Procedure for Examination<br />

of Available Information in Reviewing of Documents for Request of a Visa or a Residence<br />

Permit of a Third-Country National”” 121 entered into force which have been supplemented with<br />

the procedure for additional examinations in relation to third-country nationals who request a<br />

residence permit in compliance with Clauses 28, 29 or 30 of the first part of the Section 23 of<br />

the Immigration Law. During examination, competent state institutions shall ascertain whether,<br />

in case of issue of a residence permit, a third-country national will not cause any threat to the<br />

security of the state or public order and safety. 122<br />

On 13 July 2010, Cabinet Regulation No.675 of 27 July 2010 "Regulations for<br />

Technical Means Required for Border Control and Border Monitoring" 123 entered into force,<br />

which determines the technical means required for border control and border monitoring.<br />

On 30 November 2010, the meeting of the Cabinet of Ministers reviewed Draft<br />

Regulation of the Cabinet of Ministers, which was prepared by the Ministry of Defence,<br />

“Procedure in accordance with which the State Border Guard Performs Border Monitoring<br />

120 Published: The Latvian Herald, No. 100, 28.06.2010.<br />

121 Published: The Latvian Herald, No. 100, 28.06.2010.<br />

122 Executive summary to the Cabinet of Ministers draft regulation "Amendments to the Cabinet of Ministers<br />

Regulation No. 365 of 26 May 2008 “Procedure for Examination of Available Information in Reviewing of<br />

Documents for Request of a Visa or a Residence Permit of a Third-Country National"".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40176245 – [see: 14.05.2010]<br />

123 Published: The Latvian Herald, No. 120, 30.07.2010.


53<br />

Tasks at Sea by the Use of Technical Means, Floating Means and Aircrafts of the National<br />

Armed Forces”. The draft regulation was developed because the Amendments to the Law on<br />

the National Armed Forces 124 entered into force on 1 April 2010, which envisage the<br />

elaboration of new Cabinet of Ministers regulations that will determine the procedure in<br />

accordance with which the State Border Guard performs border monitoring tasks at sea by the<br />

use of technical means, floating means and aircrafts of the National Armed Forces 125 .<br />

6.1.2. Changes in the European Union Perspective<br />

Law "Amendments to the Immigration Law", which was adopted by the Saeima on 22<br />

April 2010, specifies the cases when a third-country national shall be included in the list of<br />

third-country nationals to whom entry in the Republic of Latvia is banned. The Law also<br />

specifies provisions for cases that, if an entry ban notification is included in the Schengen<br />

information system regarding a third-country national, it also applies to entry of them in the<br />

Republic of Latvia. The Law provides the restriction of entry for a third-country national who<br />

has received a new travel document abroad and who holds a valid residence permit in the<br />

Republic of Latvia, namely, the third-country national may use the previous travel document<br />

with a valid residence permit for single entry in the Republic of Latvia in order to receive a<br />

new residence permit. 126<br />

In 2010, the structural units of the State Border Guard participated in:<br />

• international operation “Quiet Sea 2010", purpose of the operation: examinations for<br />

vessels that are admitted as suspects for carrying of smuggled goods and narcotic drugs;<br />

• operation "MALDUGUNS 2009", purpose of the operation: immigration control for<br />

fishing vessels, entertainment vessels and ferries, increased monitoring of the sea border among<br />

the border control points (divisions), increased control of compliance with the border control<br />

regime regulations in port territories, ensuring the public procedures and control of compliance<br />

with the shipping control regulations in the aquatorium of Ventspils, Pavilosta and Liepaja<br />

ports, fight against organized crime and cross-border crime, strengthening of cooperation<br />

among the State Border Guard, the state police, the Marine and Inland Waters Administration,<br />

and the customs of the State Revenue Service;<br />

124 Law "Amendments to the Law on the National Armed Forces".// The Latvian Herald, No. 51/52, 31.03.2010.<br />

125 Executive summary to Cabinet of Ministers draft regulation "Procedure in accordance with which the State<br />

Border Guard Performs Border Monitoring Tasks at Sea by the Use of Technical Means, Floating Means and<br />

Aircrafts of the National Armed Forces".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40180559&mode=mk&date=2010-11-30 – [see: 01.12.2010]<br />

126 Executive summary to draft law "Amendments to the Immigration Law".


54<br />

• operational – tactical training organised by the State Border Guard "R<strong>ON</strong>IS 2010",<br />

purpose of the training: examination of the readiness of crew change of the State Border Guard<br />

ship vessels at the base location and at sea (exercise of examination of the readiness of ship<br />

vessel K-3), as well as improvement of the cooperation quality with cooperation structural<br />

units, namely, detection of violators of ship and speed boats by the use of the Sea Video<br />

Surveillance System, mobile surveillance kit and radar system, pursuance and detention of a<br />

suspicious vessel, examination of a vessel and a speedboat at sea, delivery of a detained vessel<br />

to port, people search and rescue activities, transportation of a victim to hospital, application of<br />

procedural measures to detained persons and detained vessels;<br />

• tactical trainings organized by the State Border Guard on land external borders, purpose<br />

of the training: improve the methodology for detection and detaining of trespassers and illegal<br />

immigrants, methods and mutual cooperation among the structural units of the State Border<br />

Guard, as well as improve the cooperation between the territorial administration of the State<br />

Border Guard and the Aviation Administration of the State Border Guard;<br />

• international operation on the Latvian – Russian and Latvian – Belarusian borders<br />

"UNITY".<br />

Funds for protection of the state borders in 2010 were reduced in proportion to the<br />

decreased budget totally allocated to the State Border Guard. 127<br />

In 2010, new border control technological means were not purchase By taking into<br />

account the scopes of the European Border Surveillance Systems (EUROSUR and<br />

MARSUNO), the existing systems will be improved in the future that will be used in the sea<br />

border surveillance and in specific cases they will be integrated within a common information<br />

network. By introducing the European Union entry/return and the European Union registered<br />

travellers’ system, it will be necessary to ensure the link to the national border crossing<br />

system. 128<br />

The State Border Guard participates in working parties organized by FR<strong>ON</strong>TEX which<br />

discuss matters of the introduction of the Automated Border Control System 129 in their<br />

countries, as well as the use of other technologies for the improvement of border examination<br />

process. The State Border Guard has included in its development plans the possibility to<br />

introduce the Automated Border Control System in cooperation with Riga Airport, as well as<br />

develop other technologies in 2014.<br />

127 Information provided by officials of the State Border Guard.<br />

128 Information provided by officials of the State Border Guard.<br />

129 Automated Border Crossing Systems.


55<br />

Besides, by using the External Border Fund financing, the State Border Guard plans to<br />

carry out the following activities in 2011–2013:<br />

1) development of the existing "green" border control system UNIFORM of the State<br />

Border Guard;<br />

2) equipping of Schengen vans with technical means;<br />

3) renewal of vehicles used in border surveillance and border examinations;<br />

4) improvement of the border technical protection, control and information system by<br />

purchasing infrared, magnetic and seismic sensors;<br />

5) purchase of equipment and inventory for officials of the State Border Guard. 130<br />

6.2. Cooperation in Border Control<br />

6.2.1. Changes in the European Union Perspective<br />

On 3 June 2010, Cabinet of Ministers Regulation No. 459 of 18 May 2010 "Regarding<br />

the Memorandum of Understanding on the Participation in the Public Key Directory (ICAO<br />

PKD) of Electronic Machine Readable Documents ICAO" 131 entered into force. On 18 May<br />

2010, the Cabinet of Ministers authorized Minister of Interior, Linda Mūrniece, to sign the<br />

memorandum of understanding regarding the participation of Latvia in the Public Key<br />

Directory of the ICAO electronic machine readable travel documents that will allow foreign<br />

border guard services and other institutions to examine, in quick and accurate manner, the<br />

authenticity of passports issued in Latvia, as well as electronic identification cards and<br />

electronic residence permits that are currently still under development.<br />

By becoming a member state of the ICAO Public Key Directory, Latvia will be able to<br />

upload relevant certificates and certificate cancellation lists in a centralised and secure manner<br />

to a single database, thus ensuring that foreign institutions can examine, in quick and accurate<br />

manner, any passport of the new template which has been issued in Latvia or any other<br />

electronic machine readable travel document and to ascertain that the data stored in the chip are<br />

not corrected or counterfeited. 132<br />

By the introduction of the Central Visa Information System (henceforth – CVIS), the<br />

Ministry of Foreign Affairs is planning to start taking the biometric data of visa applicants in<br />

compliance with the regions specified by the European Commission – VIS Roll-out. In<br />

130 Information provided by officials of the State Border Guard.<br />

131 Published: The Latvian Herald, No. 87, 02.06.2010.<br />

132 Viltot Latvijā izsniegtās pases kļūs vēl grūtāk (It Will Be More Complicated to Counterfeit Passports Issued in<br />

Latvia).// http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=18348-[25.11.2010]


56<br />

compliance with VIS Roll-out, by introducing the CVIS, it will be necessary to start the taking<br />

of biometric data of visa applicants in the region of Northern Africa where the embassy of the<br />

Republic of Latvia in Egypt is situated. In the next stage, the taking of biometric data of visa<br />

applicants will be started in the Middle East region where embassy of the Republic of Latvia in<br />

Israel is situated. The said embassies have purchased equipment for taking fingerprints of visa<br />

applicants and, as soon as the Ministry of Foreign Affairs receives the software applicant from<br />

the Office of Citizenship and Migration Affairs required for linking the biometric data<br />

equipment with the National Visa Information System (NVIS), as well as required training to<br />

use the equipment in practice, the biometric data taking equipment will be tested.<br />

In 2010, the Office of Citizenship and Migration Affairs worked for the successful<br />

implementation of project "Development of the national VIS by ensuring the compliance of it<br />

with the final technical documentation of the European Commission and provision of required<br />

training to the users of the system" under the External Border Fund Programme 2009. In 2010,<br />

within the framework of the project, an agreement was signed on the improvement of the<br />

National Visa Information System, VisMail and Vision 133 , functionality, the first tests were<br />

made with other Member States for testing the software. It is planned to develop a pilot project<br />

of an e-questionnaire until the end of April 2011, and it is planned to start training in 2011 for<br />

practical work with the Central Visa Information System and the National Visa Information<br />

System in order to acquire the visa issuance process.<br />

On 12 November 2010, the Office of Citizenship and Migration Affairs signed an<br />

agreement regarding development of a new electronic service: electronic application for a<br />

Schengen visa, in order to ease the work of consular missions. It is planned to test the service in<br />

a pilot project in June 2011, the other signed agreement provides the development of a new<br />

system of invitations with completion date June 2011.<br />

On 25 November 2010, the Office of Citizenship and Migration Affairs announced a<br />

procurement tender for the modernization of the National Visa Information System, in order to<br />

purchase necessary equipment within the framework of the project and to start using the<br />

equipment, according to the provisions of the Visa Code, necessary for taking biometric data<br />

and reading of electronic travel documents. 134<br />

Latvia as the Member State of the European Union and Schengen Agreement continues<br />

its active participation in the cooperation for consular matters among the Member States of the<br />

133 VisMail and Vision – consultation mechanisms about Schengen visas.<br />

134 Information provided by officials of the Office of Citizenship and Migration Affairs.


57<br />

European Union and Schengen Agreement. Same as in the previous years, missions of the<br />

Republic of Latvia abroad and particularly missions of Latvia situated outside the Schengen<br />

area are increasingly focusing on the participation of responsible officials in local Schengen<br />

cooperation meetings. Due to the local Schengen cooperation, missions of Latvia and other<br />

Schengen Member States can not only exchange information quickly and detect those visa<br />

applicants who submit visa applications without good fate, but also make decisions more<br />

actively on what should be done to harmonize the reviewing of visa application in compliance<br />

with the Schengen acquis.<br />

In 2010, the Ministry of Foreign Affairs continued its work with other Schengen<br />

Member States in order to agree on the possibilities of representation in countries where Latvia<br />

does not have its diplomatic or consular mission, as well as consider the possibilities to<br />

represent another Schengen Member State in the field of visas. As a result, in the field of visas<br />

Latvia is represented by 7 Schengen Member States (Germany, Hungary, France, the<br />

Netherlands, Slovenia, Slovakia, Lithuania and Estonia), which represent Latvia in 53 different<br />

locations worldwide. But Latvia currently represents 7 Schengen Member States in the field of<br />

Schengen visas (Hungary, France, the Netherlands, Slovenia, Lithuania, Estonia and Sweden)<br />

in totally 8 locations worldwide. Latvia has developed good cooperation with other Member<br />

States to the Schengen Agreement, thus the Ministry of Foreign Affairs plans also in 2011 to<br />

continue and to expand the started cooperation with Member States to the Schengen Agreement<br />

in the field of representation of Schengen visas. 135<br />

By taking into account that a large number of citizens of the Ukraine reside and enter<br />

Latvia from various regions of the Ukraine, it is important to facilitate the procedure for<br />

submission of visa applications by making it more accessible, therefore Latvia as the first<br />

among the Schengen Member States decided to provide an opportunity to citizens of the<br />

Ukraine to submit a visa application in all the regions of the Ukraine. In order to implement<br />

this activity, the Latvian Embassy in Ukraine has started cooperation, from 1 December 2010,<br />

with courier mail service Pony Express so that the citizens of the Ukraine from all the regions<br />

of the Ukraine could send their visa applications to the Latvian Embassy by post.<br />

However, also in future citizens of the Ukraine will have the right to visit the Latvian<br />

Embassy in the Ukraine in Kiev for receiving a visa.<br />

The Ministry of Foreign Affairs informs that this is the first project of this type<br />

implemented in Ukraine. Until now, none of the Member States to the Schengen Agreement<br />

135 Information provided by officials of the Ministry of Foreign Affairs.


58<br />

has provided opportunities to submit a visa application in all the regions of Ukraine. Following<br />

the initiative of Latvia, the project is simultaneously implemented also by Estonia. The<br />

Ministry of Foreign Affairs is confident that the implementation of this project will provide the<br />

necessary conditions for residents of remote regions of Ukraine to enjoy more convenient and<br />

accessible procedure for submission of visa applications, easier travel and facilitated personal<br />

and business contacts.<br />

In recent years, the State Border Guard has improved its capacity and has considerably<br />

increased the number of activities internationally in the European Union by developing<br />

bilateral cooperation with third countries, as well as by participating in international projects,<br />

by passing the experience of the State Border Guards to developing countries in the field of<br />

border safety.<br />

In 2010, the State Border Guard participated and continues to participate in the<br />

following international projects of assistance to third countries:<br />

• In November 2009, the State Border Guard, within the framework of the project<br />

financed by the European Commission and in partnership with the United Nations<br />

Development Programme, in cooperation with border guard services of several other<br />

countries, started its participation in the project under programme financed by the<br />

European Commission Supporting Integrated Border Management Systems in the South<br />

Caucasus (SCIBM) for provision of support to Georgia, Armenia and Azerbaijan.<br />

Being the project implementation partner, the State Border Guard expressed its<br />

readiness to participate in the project implementation as the lead institution for<br />

implementation of module 2 "Strengthening of Operational Techniques and<br />

Procedures". The specific objectives of the module are: to inform officials of state<br />

institutions about the concept of the integrated border management, to develop<br />

procedure for exchange of information, to improve procedures at border crossing<br />

points, to develop risk analysis, to develop procedure manuals and to implement also<br />

other activities;<br />

• In 2009, the State Border Guard participated actively in debates of the project of the<br />

Eastern Partnership of the European Commission Integrated border management and<br />

came up with a proposal to organise, in 2010, a few components in the project<br />

preparation phase – to provide training to officials of the target countries of the Eastern<br />

Partnership: Moldova, Ukraine, Belarus, Georgia, Armenia and Azerbaijan in the field<br />

of document expertise. The said training seminar was organised in Riga on 14 April<br />

2010. The State Border Guard expressed its readiness to undertake, for implementation


59<br />

of the project and within the framework of sub-module "Training in the field of<br />

counterfeit documents" of project module "Increasing of training capacity", to provide<br />

several trainings to officials of the countries. the proposals were submitted to the<br />

Eastern Partnership Division of the European Commission and received positive<br />

feedback in the project evaluation meetings. implementation of the project is planned<br />

till the end of 2012;<br />

• On 13-17 September 2010, within the framework of the Border Management<br />

Programme in Central Asia (BOMCA) which is financed by the European Commission<br />

and implemented by the United Nations Development Programme (UNDP) and the<br />

International Centre for Migration Policy Development (ICMPD), training visit was<br />

organised in the State Border Guard in order to introduce to a model of integrated<br />

border management developed in Latvia, as well as best practices of cooperation among<br />

institutions involved in provision of border security and control of movement of goods<br />

on the Latvian state border. The event was attended by the highest rank officials of<br />

border control institutions from the countries of Central Asia (Kazakhstan, Kyrgyzstan,<br />

Tajikistan, Turkmenistan and Uzbekistan), as well as representatives of UNDP,<br />

ICMPD. With the aim to participate as a trainer at the regional cynologists' training for<br />

Central Asia border guard staff working with dogs who detect narcotic drugs and<br />

explosives, an inspector of the Professional Preparation Division of the Cynology<br />

Service, the College of the State Border Guard, was delegated to a work mission to<br />

Uzbekistan (Tashkent) in October 2010;<br />

The State Border Guard has signed cooperation agreements with Georgia, Moldova,<br />

Ukraine, Azerbaijan, Belarus, on the basis of which regular cooperation is held among<br />

management and experts of institutions.<br />

Within its competence in 2010, criminal investigation units of the State Border Guard<br />

have cooperated with related departments of Russia, Belarus and Ukraine, as the countries of<br />

origin of immigrants, as well as with related departments of Lithuania, Estonia and Finland as<br />

the countries of transit of immigrants. 136<br />

In order to ensure success of the Visa Code implementation process, in 2010,<br />

representatives of competent institutions continued regular participation in the visa working<br />

parties of the Council of the European Union and meetings of the Visa Committee organised by<br />

the European Commission in Brussels, and informed consular officials in diplomatic and<br />

136 Information provided by officials of the State Border Guard.


60<br />

consular missions abroad regarding current issues and future plans in the field of issue of visas.<br />

Taking into account the requirements of the Visa Code, current practice in embassies and<br />

consular offices was evaluated and necessary developments as well as training of consular<br />

officials was performed for successful start of application of the Visa Code. Attention of<br />

consular officials was drawn also to the need to participate, within the framework of local<br />

Schengen cooperation, in meetings of the Schengen Agreement member states in order to<br />

discuss and agree on the matters to be harmonized in the procedure for review of visa<br />

applications.<br />

In order to comply with the provisions of Paragraph one, Article 6 of the Visa Code that<br />

a visa application shall be examined and decided on by the consulate of the competent Member<br />

State in whose jurisdiction the applicant legally resides, and in order to comply with the<br />

amendment to Paragraph five of Section 13 of the Immigration Law regarding the delegation to<br />

the Cabinet of Ministers to issue regulations of the Cabinet of Ministers that will specify the<br />

territorial competence of diplomatic and consular missions of the Republic of Latvia abroad in<br />

issuance of visas, the meeting of the Cabinet of Ministers of 3 August 2010 approved<br />

Regulation No. 725 "Regulation on the Territorial Competence of Diplomatic and Consular<br />

Missions of the Republic of Latvia in Requests of Visas" 137 which was developed by the<br />

Ministry of Foreign Affairs.<br />

The State Border Guard applies the Visa Code to full extent and, in 2010, has prepared<br />

a range of internal regulatory documents to ensure the issue, annulment, cancellation of visas<br />

according to the new regulation. The visa information system is being introduced in<br />

cooperation with the Office of Citizenship and Migration Affairs according to the plan of<br />

introduction of the visa information system. 138<br />

Starting from 5 April 2010, there are two categories of visas: entry or C category visa<br />

and airport transit visa or A category visa. Until 4 April 2010, also B category visas were used,<br />

and now such visas are replaced with C category visas with the purpose of entry: transit, but the<br />

EU Visa Code does not regulate the procedure for issuance of long-term or D category visa, but<br />

national legislation of Member States shall be applied to such visas also in the future. 139<br />

In order to introduce the requirements of the Visa Code, the Ministry of Foreign Affairs<br />

will, in cooperation with the Office of Citizenship and Migration Affairs, amendments to the<br />

137 Information provided by officials of the Ministry of Foreign Affairs.<br />

138 Information provided by officials of the State Border Guard.<br />

139 Uzsākta Eiropas Savienības Vīzu kodeksa piemērošana (Application of the European Union Visa Code is<br />

Started).// http://www.rs.gov.lv/index.phpid=993&sa=&top=0&doc=4622 - [see: 25.11.2010]


61<br />

Immigration Law for submission thereof to the Stat Chancellery. The said amendment to the<br />

Law would provide the procedure for motivation of refusing a visa as well as appeal against<br />

refusal. 140<br />

On 26 August 2010, the meeting of the State Secretaries announced a draft order which<br />

provides the appointment of the Ministry of Interior as the responsible institution for<br />

development of the European border surveillance system (EUROSUR). The purpose of this<br />

system is to restrict the number of third-country nationals who travel illegally in the territory of<br />

the European Union, to reduce the number of illegal immigrants who die when trying to cross<br />

the sea borders of the European Union, as well as to increase the internal security in the<br />

European Union by improving the prevention of cross-border crime. Simultaneously, the draft<br />

order provides the task of the Ministrer of Interior to develop and to approve a plan for<br />

introduction of the European border surveillance system. It is planned to appoint the Ministry<br />

of Defence and the Ministry of Traffic as the responsible institutions in the project<br />

implementation.<br />

European border surveillance system is focused on the control of the external southern<br />

and eastern borders of the European Union both on land and at sea, by envisaging the common<br />

technical framework in order to improve the exchange of information among institutions of the<br />

Member State and to promote the use of advanced technologies in border control and<br />

monitoring. Financial support from the European Border Fund is available for the<br />

implementation of activities.<br />

Within the framework of the project and by using the funds of the European External<br />

Border Fund, for instance, improvement of the current monitoring and surveillance system as<br />

well as modernization of the state border monitoring systems is planned.<br />

Through participation in the implementation of the project of the European border<br />

surveillance system, the State Border Guard will become a part of the common European<br />

Border Surveillance System, and through modernization will increase the operational planning<br />

and response abilities on the external borders of the Republic of Latvia, in order to prevent<br />

illegal crossing of the borders and to combat cross-border crime more efficiently. 141<br />

140 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

141 Eiropas robežu novērošanas sistēmas ieviešanu koordinēs Iekšlietu ministrija (The Ministry of Interior Will<br />

Coordinate the Introduction of the European Border Surveillance System).//<br />

http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=18907 - [see: 25.11.2010]


62<br />

7. <strong>IN</strong>TERNATI<strong>ON</strong>AL PROTECTI<strong>ON</strong> <strong>AND</strong> <strong>ASYLUM</strong><br />

7.1. Changes in the National Perspective<br />

In order to ensure the fulfilment of the provisions of the new Asylum Law, which<br />

entered into force on 14 July 2009, the Office of Citizenship and Migration Affairs and the<br />

State Border Guard completed, in 2010, work for the preparation of draft regulations of the<br />

Cabinet of Ministers according to the authorisation of the Cabinet of Ministers given under the<br />

Asylum Law. In 2010, the Cabinet of Ministers adopted the following Cabinet of Ministers<br />

regulations in the field of asylum.<br />

On 30 January 2010, Cabinet of Ministers Regulation No.73 of 26 January 2010<br />

"Regulations on the Standards of Accommodation of an Asylum Seeker who is Accommodated<br />

in the Asylum Seekers’ Accommodation Premises of the State Border Guard, as well as<br />

Amount of Hygiene and Basic Necessities Items" 142 entered into force, which determines<br />

standards of accommodation of an asylum seeker who is accommodated in the asylum seekers’<br />

accommodation premises of the State Border Guard, as well as amount of hygiene and basic<br />

necessities items.<br />

On 16 January 2010, Cabinet of Ministers Regulation No.23 of 12 January 2010<br />

"Regulations regarding Support to a Refugee and Person to whom the Alternative Status has<br />

been Granted" 143 entered into force, which determines the procedure for granting and payment<br />

of an allowance to a refugee covering the costs of accommodation and acquisition of the state<br />

language, as well as the procedure in accordance with which an allowance is granted and paid<br />

to a person to whom the alternative status is granted, covering the costs of accommodation, as<br />

well as the amount of such allowances.<br />

On 16 January 2010, Cabinet of Ministers Regulation No.24 of 12 January 2010<br />

"Regulations regarding Amount of Cost of Food, Hygiene and Basic Necessities Items for<br />

Asylum Seekers and the Procedure of Reimbursement Thereof” 144 entered into force, which<br />

determines the amount of cost of food, hygiene and basic necessities items for asylum seekers<br />

and the procedure of reimbursement thereof.<br />

On 30 January 2010, Cabinet of Ministers Regulation No.74 of 26 January 2010<br />

"Procedure in Accordance with which Family of a Refugee or a Person with Granted<br />

142 Published: The Latvian Herald, No.16, 29.01.2010.<br />

143 Published: The Latvian Herald, No.8, 15.01.2010.<br />

144 Published: The Latvian Herald, No.8, 15.01.2010.


63<br />

Alternative Status or Temporary Protection is Reunified in the Republic of Latvia" 145 , entered<br />

into force, which determines in accordance with which family of a refugee or a person with<br />

granted alternative status or temporary protection is reunified in the Republic of Latvia. It must<br />

be noted that the said procedure applies to persons who have not been detained.<br />

On 6 February 2010, Cabinet of Ministers Regulation No.95 of 2 February 2010<br />

"Regulation regarding Displacement Document Template for a Person with Granted Temporary<br />

Protection, Procedure of Issue Thereof and Amount of Information Necessary for Exchange<br />

Among Member States" 146 entered into force, which determines a displacement document<br />

template for a person with granted temporary protection, procedure of issue thereof and amount<br />

of information necessary for exchange among the EU Member States, in order to ensure<br />

resettlement of the person.<br />

On 27 February 2010, Cabinet of Ministers Regulation No.173 of 23 February 2010<br />

“Internal Regulation of the Asylum Seekers’ Accommodation Centre” 147 entered into force,<br />

which determines the procedure for accommodation and residence of asylum seekers in the<br />

asylum seekers’ accommodation centre of the State Border Guard.<br />

On 27 February 2010, Cabinet of Ministers Regulation No.174 of 23 February 2010<br />

"Procedure for Ensuring the Opportunities to Acquire Education for a Minor Asylum<br />

Seeker" 148 entered into force, which determines the procedure in accordance with which the<br />

opportunity to acquire education is ensured to a minor asylum seeker.<br />

On 6 March 2010, Cabinet of Ministers Regulation No.194 of 2 March 2010<br />

"Regulations regarding a Personal Document of an Asylum Seeker and the Procedure for Issue<br />

Thereof" 149 entered into force, which determines the personal document form of an asylum<br />

seeker and the procedure for issue thereof.<br />

On 13 March 2010, Cabinet of Ministers Regulation No.222 of 9 March 2010 "Internal<br />

Regulations of the Asylum Seekers’ Accommodation Premises" 150 entered into force, which<br />

determines the internal procedures of the asylum seekers’ accommodation premises of the State<br />

Border Guard, as well as objects and substances that are prohibited for a detained asylum<br />

seeker for storage in the accommodation premises.<br />

145<br />

Published: The Latvian Herald, No.16, 29.01.2010.<br />

146 Published: The Latvian Herald, No.21, 05.02.2010.<br />

147 Published: The Latvian Herald, No.33, 26.02.2010.<br />

148 Published: The Latvian Herald, No.33, 26.02.2010.<br />

149 Published: The Latvian Herald, No.37, 05.03.2010.<br />

150 Published: The Latvian Herald, No.41, 12.03.2010.


64<br />

On 27 March 2010, Cabinet of Ministers Regulation No. 276 of 23 March 2010<br />

"Requirements for the Equipping of Asylum Seekers’ Accommodation Premises for Asylum<br />

Seekers Detained by the State Border Guard" 151 entered into force, which states the<br />

requirements for the equipping the premises envisaged for accommodation of asylum seekers<br />

detained by the State Border Guard. Accommodation premises shall be established in a<br />

territorial structural unit of the State Border Guard.<br />

On 1 July 2010, Cabinet of Ministers Regulation No.551 of 21 June 2010 "Amendment<br />

to Cabinet of Ministers Regulation No.194 of 2 March 2010 "Regulations regarding a Personal<br />

Document of an Asylum Seeker and the Procedure for Issue Thereof"" 152 entered into force,<br />

which supplements the amount of information to be included in a personal document of an<br />

asylum seeker by providing a reference "Permitted to work without a work permit", if the<br />

asylum seeker has not received, during a period of one year from the submission of an asylum<br />

application, a decision from the Office of Citizenship and Migration Affairs on granting of the<br />

refugee status or the alternative status or rejection thereof. 153<br />

In March 2010, non-governmental organization society "Patvērums "Drošā māja""<br />

started the implementation of the project of the European Refugee Fund "NGO Support System<br />

for Asylum Seekers and Refugees". Within the framework of the European Refugee Fund,<br />

society "Patvērums "Drošā māja"" in cooperation with society "Dialogi.lv" publishes, on a<br />

regular basis, newsletters about the matters related to life of refugees and asylum seekers in<br />

Latvia. 154<br />

7.2. Changes in the European Union Perspective<br />

Until now, Latvia is not involved in activities related to resettlement of persons who<br />

have received international protection in a Member State of the European Union. At the same<br />

time, Latvia supports the solidarity policy of the European Union in relation to the need for<br />

voluntary activities in order to support those Member States which have faced extreme and<br />

disproportionate pressure in their national asylum systems and, following the principle of<br />

151 Published: The Latvian Herald, No.49, 26.03.2010.<br />

152 Published: The Latvian Herald, No.100, 28.06.2010.<br />

153 Executive summary to Cabinet of Ministers draft regulation “Amendments to the Cabinet of Ministers<br />

Regulation No.194 of 2 March 2010 "Regulations regarding a Personal Document of an Asylum Seeker and the<br />

Procedure for Issue Thereof"".// http://www.mk.gov.lv/lv/mk/tap/pid=40176244 – [see: 14.05.2010]<br />

154 Šogad martā nevalstiskā organizācija „Patvērums „Drošā māja””sāka īstenot Eiropas Bēgļu fonda projektu<br />

„NVO atbalsta sistēma patvēruma meklētājiem un bēgļiem”. (Non-governmental organization "Patvērums "Drošā<br />

māja"" started the implementation of project "NGO Support System for Asylum Seekers and Refugees”) of the<br />

European Refugee Fund in March this year).// http://www.patverums-dm.lv/index.phplang+lv&id=25 – [see:<br />

25.11.2010]


65<br />

voluntary participation, Latvia is ready to engage in future activities related to the<br />

implementation of the resettlement programmes 155 .<br />

In order to strengthen the cooperation with the United Nations High Commissioner for<br />

Refugees (UNHCR), the State Border Guard has prepared a draft Memorandum of<br />

Understanding in order to improve the exchange of information, as well as provision of<br />

necessary support to persons who wish to obtain international protection.<br />

By using attracted financing from the European Refugee Fund, the Office of<br />

Citizenship and Migration Affairs has, within the framework of the project of European<br />

Refugee Fund "Improvement of the quality of asylum procedures", voluminous book<br />

"Comments to the Asylum Law" 156 with explanations that will enable the further improvement<br />

of not only the quality of the asylum procedure, but will also significantly facilitate the daily<br />

work of employees involved in the asylum system in border guard, courts, ministries and other<br />

migration services. The purpose of the voluminous publication is to promote the understanding<br />

by employees working in state administration institutions and courts of the application and<br />

interpretation of the provisions of the Asylum Law.<br />

Within the framework of this project, training seminars were also organized in the<br />

previous year regarding the procedure of application of the Asylum Law for judges of<br />

administrative regional courts and employees of other involved state administration<br />

institutions. 157<br />

On 28 December, 2010 Society “Shelter “Safe House”” started an implementation of<br />

the project “I Stay in Latvia!” within the framework of the European Refugee Fund (ERF).<br />

Aim of the project is to foster the adaptation and inclusion of the refugees and persons with the<br />

alternative status in the Latvian society. The project will be implemented from December 2010<br />

till June 2011. Project “I Stay in Latvia!” is a follow-up to the project implemented in 2009<br />

“NGOs Support System to Asylum Seekers and Refugees” within the framework of the ERF<br />

and activities are directed to the continuation of integration of the target group. Within the<br />

project refugees and persons with alternative status for seven months will be provide with<br />

medical, psychological, material, legal and other support. It is envisaged that within the project<br />

following aims will be achieved: acquisition of accommodation for the members of the target<br />

155 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

156 Gromovs J., Patvēruma likuma komentāri (Comments to the Asylum Law).//Riga: Office of Citizenship and<br />

Migration Affairs,2009.-p. 301.<br />

157 PMLP izdod grāmatu ar Patvēruma likuma komentāriem (The OCMA Issues a Book with Comments to the<br />

Asylum Law).// http://www.pmlp.gov.lv/lv/news/news_id=486 -[see: 24.11.2010]


66<br />

group when they start living independently; represenatives of local authorities will be<br />

introduced with the integration of refugees in Latvia. 158<br />

On 13-14 September 2010, State Secretary of the Ministry of Interior, Ilze Pētersone<br />

participated in the Conference of Ministers "Quality and efficiency in the asylum process"<br />

which was held in Belgium, Brussels. Within the framework of the Conference of Ministers,<br />

which was organized by the Belgium’s Presidency, discussions were made about the internal<br />

solidarity of Europe, further development of the European Asylum Support Bureau, reception<br />

of asylum seekers with special needs. State Secretary Ilze Pētersone indicated that balance<br />

should be reached between the regulatory framework and practical cooperation, primarily, in<br />

the field of exchange of best experience and information, in order to find appropriate solution<br />

by taking into account national peculiarities and situation in each Member State. In the field of<br />

practical cooperation, along with exchange of best experience and information, the importance<br />

of common training should be specially emphasised, in order to reach common understanding<br />

and coordinated decisions in all Member States. 159<br />

In the opinion of Latvia, in relation to the operation of the European Asylum Support<br />

Bureau, attention should be paid to activities that strengthen the practical cooperation of<br />

Member State. Emphasis should be placed on activities related to exchange of information,<br />

support to organization of trainings for representatives of Member States’ administrative<br />

authorities, courts and tribunals, as well as employees of institutions responsible for the field of<br />

asylum 160 .<br />

The State Border Guard implements project "Improving of living conditions in the<br />

asylum seekers’ accommodation premises of the State Border Guard in Ventspils and<br />

Daugavpils departments and in the detained third-country nationals’ centre "Olaine"" within<br />

the framework of the European Refugee Fund.<br />

The purpose of the project is to ensure asylum seekers with suitably equipped premises<br />

that would increase the capacity of asylum seekers’ accommodations would satisfy social needs<br />

158 Projekta „Es palieku Latvijā” ietvaros četru reģionu pašvaldības tiks iepazīstinātas ar bēgļu integrāciju Latvijā<br />

(Four regional authorities will be introduced to the integration of the refugees in Latvia within the framework of<br />

the project „I Stay in Latvia!”).// http://www.patverums-dm.lv/new.phplang=lv&id=1&n_id=73-[sk.20.01.2011.]<br />

159 IeM valsts sekretāre pauž Latvijas nostāju patvēruma politikas jautājumos (The State Secretary of the Ministry<br />

of Interior Express the Position of Latvia in Asylum Policy).//<br />

http://iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=19035 - [see: 24.11.2010]<br />

160 Ibid.


67<br />

of asylum seekers and improve the living conditions of asylum seekers who have been detained<br />

and are accommodated in the premises of the State Border Guard. 161<br />

40 officials of the State Border Guard improved their qualification regarding the best<br />

practices of the EU Member States in identification and interviewing of asylum seekers,<br />

drawing up of reception documents, and familiarised the best practices in operation of asylum<br />

seekers’ centres. 162<br />

In 2010, within the framework of the EU training programmes in the field of asylum,<br />

employees of the Office of Citizenship and Migration Affairs programme "Assessment of<br />

Evidences", within the framework of which employees related to the field of asylum were<br />

offered an opportunity to gain practical skills – how to work, to acquire and assess objective<br />

and subjective information related to the field of asylum, to assess the differences in culture,<br />

gender and linguistic differences of a candidate in order to make a decision on provision of<br />

international protection to the person. Employees of the Office of Citizenship and Migration<br />

Affairs plan to acquire training courses offered by the European Union in the field of asylum<br />

also in the future, for instance, preparation of information, decisions of countries of origin, as<br />

the Dublin Regulation. 163<br />

161 Robežsardze realizē projektu Eiropas bēgļu fonda ietvaros (the State Boarder Guard Implements a Project<br />

within the framework of the European Refugees Fund).// http://iem.gov.lv/lat/aktualitātes/jaunumi/doc=192902 -<br />

[see: 24.11.2010]<br />

162 Information provided by officials of the State Border Guard.<br />

163 Information provided by officials of the Office of Citizenship and Migration Affairs.


68<br />

8. UNACCOMPANIED M<strong>IN</strong>ORS<br />

8.1. Changes in the National Perspective<br />

Cabinet of Ministers Regulation No.958 of 12 October 2010 "Visa Regulations"<br />

provides, according to the practice of other countries, that minors who enter Latvia and are not<br />

accompanied by parents or guardians need a permit issued by the parent or guardian and<br />

certified by notary, however it may also not be required if the parent or guardian has submitted<br />

a written permit in the presence of an official to a mission of Latvia or the Office of Citizenship<br />

and Migration Affairs, by prolonging the term of a visa. 164<br />

9. GLOBAL APPROACH TO MIGRATI<strong>ON</strong><br />

9.1. Changes in the European Union Perspective<br />

Latvia has signed several agreements with third countries regarding cooperation in the<br />

field of prevention and combating of organized crime that mostly envisage also the opportunity<br />

for cooperation also in the field of prevention and combating of illegal migration.<br />

On 29 October 2010, Agreement between the Government of the Republic of Latvian<br />

and the Government of the Republic of Armenia on Cooperation in the Fight against<br />

Terrorism, Organized Crime and Illegal Narcotic Drugs, Psychotropic Substances and<br />

Precursors as well as Other Criminal Offences 165 entered into force, which was adopted by<br />

Saeima on 10 December 2009. The parties of the Agreement agreed to collaborate in the fight<br />

against criminal offences to morality and sexual offence, sexual exploitation, particularly of<br />

children, criminal offences related to illegal immigration.<br />

On 22 July 2010, Agreement between the Government of the Republic of Latvian and<br />

the Council of Ministers of the Republic of Albania on Cooperation in the Fight against<br />

Terrorism, Organized Crime, Illegal Narcotic Drugs, Psychotropic Substances and<br />

Precursors 166 entered into force, which was adopted by Saeima on 16 December 2009.<br />

Pursuant to the national legislation of the parties to the Agreement and in compliance with the<br />

164<br />

Apstiprina jaunu vīzu izsniegšanas kārtību (New Procedure for Issue of Visas is Approved).//<br />

http://www.rs.gov.lv//id=35&sa=&top=-1&rel=1479 – [see: 15.10.2010]<br />

165 Internationals document "Agreement between the Government of the Republic of Latvia and the Government<br />

of the Republic of Armenia on Cooperation in Fight against Terrorism, Organized Crime and Illegal Narcotic<br />

Drugs, Psychotropic Substances and Precursors, as well as Other Criminal Offences".//The Latvian Herald, No.82,<br />

26.05.2010.<br />

166 International document "Agreement between the Government of the Republic of Latvia and the Council of<br />

Ministers of the Republic of Albania on Co-operation in Combating Terrorism, Organized Crime, Illicit<br />

Trafficking in Narcotic Drugs, Psychotropic Substances and Precursors".// The Latvian Herald, No.99,<br />

22.06.2010.


69<br />

provisions of the Agreement, the parties shall cooperate in the fight against terrorism,<br />

organized crime, illegal narcotic drugs, psychotropic substances and precursors.<br />

In 2010, the competent Latvian authorities have commenced the process of harmonization<br />

of the following agreements:<br />

• Agreement between the Government of the Republic of Latvia and the Government of<br />

the Republic of Belarus regarding the regime of the Latvia—Belarus state border;<br />

• Agreement between the Government of the Republic of Latvia and the Government of<br />

the Russian Federation regarding places of crossing the Latvian-Russian state border. 167<br />

Since agreements regarding cooperation in the field of prevention and combating of<br />

organised crime envisage also potential cooperation in the field of prevention and combating of<br />

illegal migration, draft agreements of the above-mentioned field with Russian, Tajikistan and<br />

Turkmenistan are in the process of harmonization<br />

All third-country nationals have the same rights to be employed in Latvia, in accordance<br />

with the procedure for employment of third-country nationals included in the Immigration Law<br />

and related Regulations of the Cabinet of Ministers.<br />

The State Border Guard, within the framework of the "Agreement between the State<br />

Border Guard of the Republic of Latvia and the Federal Migration Service of the Russian<br />

Federation Regarding Cooperation in the Field of Combating Illegal Immigration", has<br />

organised two visits of exchange of experience in 2010 that were related to the matters of<br />

accommodation of illegal immigrants. The State Border Guard, within the framework of the<br />

joint working party of Latvia and Russia for fight against illegal migration in 2010 has made<br />

exchange of updated information between Latvia and Russia and has organised exchange of<br />

risk analysis data between the State Border Guard and Pskov Regional Authority of the Federal<br />

Security Services of the Russian Federation and Russian Federation. In 2010 within the<br />

framework of the cooperation plan, meeting with representatives of the Border Guard<br />

Committee of Belarus was organised in order to share experience of the State Border Guard<br />

and the best practice in the field of immigration control. 168<br />

Latvia is one of the member states which have signed the European Union Mobility<br />

Partnership with Georgia which is one of the priority countries for Latvia in the framework of<br />

the EU Neighbourhood Policy and the Development Cooperation Policy. Within the framework<br />

167 Information provided by officials of the Ministry of Interior.<br />

168 Information provided by officials of the State Border Guard.


70<br />

of the Mobility Partnership with Georgia, in the end of 2009 Latvia implemented a project<br />

aimed to strengthen the institutional capacity of Georgia in matters of migration and population<br />

register, by organising a training visit for 5 officials of Georgia. Besides, in spring of 2010, the<br />

Border Guard of Latvia organised a training seminar about security of travel documents and<br />

detection of counterfeit documents, which was attended by representatives of the Border Guard<br />

of Georgia. Concurrently with the said activities, the State Border Guard in cooperation with<br />

FR<strong>ON</strong>TEX agency is addressing the possibility of implementing a project in the field of border<br />

management, namely, to provide aid to establishment of the Cynology Service of the Border<br />

Guard of Georgia and its further development.<br />

On 11-14 October 2010, three leading officials of the Moldovan judicial system visited<br />

Latvia within the framework of the development cooperation project. The project aimed to<br />

provide support to the strengthening of the rule of law, democracy and administrative capacity<br />

of Moldova. During the visit for exchange of experience, the representatives of Moldova<br />

familiarised themselves with the work organisation of the Latvian judicial system institutions<br />

and met officials of the Supreme Court, the Riga Regional Court, the Court Administration,<br />

and the Latvian Judicial Training Centre. Moldova as the key current objective has set its<br />

integration to the European Union, thus the implementation of this project made a positive<br />

contribution to the course of reforms in Moldova. The project was implemented by the<br />

Ministry of Foreign Affairs in cooperation with the Court Administration with Court<br />

Administration.<br />

It must be admitted that, due to the lack of funds for development cooperation projects<br />

in 2010, involvement of the Ministry of Foreign Affairs in the field of development<br />

cooperation projects regarding migration has been limited. 169<br />

On 21 December 2010 the Human Rights and Public Affairs Committee of the Saeima<br />

decided to make amendments in laws and regulations to make the Office of Citizenship and<br />

Migration Affairs of the Ministry of Interior responsible for decision making for granting of the<br />

politically repressed persons status in order to prevent ungrounded granting of the status and<br />

provide qualitative process for granting of the status. 170<br />

169 Information provided by officials of the Ministry of Foreign Affairs.<br />

170 Saeima komisija vienojas par politiski represētās personas statusa piešķiršanas centralizāciju. (Committee of<br />

the Saeima Agrees on Centralizing the Granting Procedure of Politically Repressed Person’s Status).//<br />

http://www.lv.lv/index.phpmenu=doc&sub=pr&id=223100 – [see: 17.01.2011.]


71<br />

10. IMPLEMENTATI<strong>ON</strong> OF EUROPEAN UNI<strong>ON</strong> LEGISLATI<strong>ON</strong><br />

Also in the year 2010, Saeima and the Cabinet of Ministers, within their competence,<br />

developed and adopted new regulatory enactments, as well as made amendments to the existing<br />

regulatory enactments by ensuring inclusion of specific European Union legal acts in national<br />

regulatory enactments.<br />

This section continues to describe the progress of implementation of those European<br />

Union legal acts in the Latvian legal system, the transposition of which was started or continues<br />

in the year 2010.<br />

Information about the process of transposition of European Union legal acts in<br />

legislation of Latvia that are issued in 2006, 2007, 2008, and 2009, is available in the policy<br />

reports on the migration and asylum situation in Latvia in reference years 2006, 2007, 2008,<br />

and 2009 which can be found and downloaded from the homepage of the EMN Latvian contact<br />

point.<br />

In 2010, 15 new legal acts were added to the collection of the European Union legal<br />

acts: 5 regulations and 10 decisions. From those, 2 in the field of asylum, 2 in the field of<br />

external orders, 3 in the field of visas, 1 in the field of immigration, 1 in the field of illegal<br />

immigration and return, and 4 in the field of Schengen.<br />

Same as in 2009, also in 2010 large in numbers transposition of legislation containing<br />

European Union legal acts was not performed in regulatory enactments of Latvia because<br />

contrary to the previous years, for only few European Union legal acts term of transposition<br />

was 2010.<br />

Following acts were transposed in 2010:<br />

‣ Directive 2008/115/EC of the European Parliament and of the Council of 16<br />

December 2008 on common standards and procedures in Member States for<br />

returning illegally staying third-country nationals.<br />

The State Border Guard is the institution responsible for the adoption of Directive<br />

2008/115/EC and has prepared Draft law "Amendment to the Immigration Law" as well as<br />

continues the work to develop the subordinate Regulations of the Cabinet of Ministers. 171 The<br />

171 Information provided by officials of the State Border Guard.


72<br />

Draft law "Amendment to the Immigration Law" was reviewed by the Cabinet of Minster on 21<br />

December, 2010 and will be submitted to the Saeima.<br />

‣ European Council Regulation No. 1030/2002 of 13 June 2002 laying down a uniform<br />

format for residence permits for third-country nationals. 172<br />

In May 2009, European Council Regulation No. 1030/2002 of 13 June 2002 laying<br />

down a uniform format for residence permits for third-country nationals entered into force,<br />

which determines a uniform format for residence permits for third-country nationals. The said<br />

amendments provide an obligation to the EU Member States to start, within 24 months<br />

meaning by May 2011, issuing of residence permits for third-country nationals in a smart card<br />

format by including biometric data. To increase the effectiveness of investment to<br />

infrastructure, EU Member States plan to introduce new identification cards simultaneously<br />

with residence permit cards because, after the introduction of electronic passports (– e–<br />

passports) with person’s biometric data, it is necessary to harmonize the security of personal<br />

identification documents and travel documents, in order such identification cards would not<br />

become the bottleneck.<br />

The Electronic Documents Law, which adopts Directive 1999/93/EC of the European<br />

Parliament and of the Council of 13 December 1999 on a Community framework for electronic<br />

signatures 173 , as well as Cabinet of Ministers regulations that have been issued accordingly, is<br />

sufficient legal basis to include secure electronic signature creation data in electronic<br />

identification cards and to regulate the use of such data for signing e-documents. 174<br />

On 12 January 2010, the Cabinet of Ministers approved the concept of electronic<br />

identification cards which was prepared by the Ministry of Regional Development and Local<br />

Government, which provides the introduction of new personal identification documents:<br />

electronic identification cards. The European Union has determined the procedure for all the<br />

Member States to issue residence permits in the format of electronic identification cards<br />

starting from May of the next year. 175<br />

172 Published: The Official Journal, L 157/1, 15.06.2002.<br />

173 Published: The Official Journal, L 013, 19.01.2000.<br />

174 Cabinet of Ministers Order No. 62 of 10 February 2010 "Concept of Electronic Identification Cards".//The<br />

Latvian Herald, No.25, 12.02.2010.<br />

175 Zaļā gaisma alternatīvai pasei (Green Light for Alternative Passport).//http://zinas.nra.lv/Latvia/16709-zalagaisma-alternativai-pasei.htm<br />

- [see: 30.11.2010]


73<br />

The concept developed by the Ministry of Regional Development and Local<br />

Government provides that the Office of Citizenship and Migration Affairs will ensure the<br />

issuance of electronic identification cards but a private partner will ensure the functions of a<br />

reliable certification service provider. 176<br />

In 2010, the Office of Citizenship and Migration Affairs has organised and completed<br />

procurement procedure "Issue and delivery of blanks of personal certificates (electronic<br />

identification cards and electronic residence permit cards)" as well as has prepared draft law<br />

"Personal Identification Documents Law" that was announced in the meeting of the State<br />

Secretaries on 30 December, 2010. Within the framework of the draft law the matters related to<br />

the issue of electronic identification cards will be specified. Electronic identification cards will<br />

be issued as personal identification documents but electronic identification cards will be issued<br />

to third-country nationals as a personal identification certificate with a residence permit,<br />

pursuant to European Council Regulation No. 1030/2002 of 13 June 2002. 177<br />

‣ Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and<br />

residence of third-country nationals for the purposes of highly qualified employment<br />

(Blue Card Directive). 178<br />

On 27 May 2010, the meeting of the State Secretaries announced the draft law<br />

"Amendment to the Immigration Law", which was developed in order to introduce Council<br />

Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country<br />

nationals for the purposes of highly qualified employment (henceforth – the Blue Card<br />

Directive). The above-mentioned amendment includes the requirements of the Blue Card<br />

Directive. The draft law includes the definition of the Blue Card of the European Union,<br />

periods have been specified for requesting a Blue Card of the European Union, and the rights<br />

have been specified for third-country national who holds a valid European Union Blue Card<br />

issued in another Member State of the European Union and who requests such a status in the<br />

Republic of Latvia, to reside in the Republic of Latvia during the review of documents. By<br />

implementing the Blue Card Directive, which must be completed in Latvia by 19 June 2010,<br />

the first steps will be made towards the introduction of circular migration. Moreover, in general<br />

more favourable conditions will be introduce in Latvia for receiving and using an European<br />

176 Electronic ID karšu ieviešana izmaksās 9,21 miljonu latu (Introduction of Electronic ID Cards Will Cost 9.21<br />

Million Lats).// http://www.apollo.lv/portal/news/articles/190948 - [see: 30.11.2010]<br />

177 Information provided by officials of the Office of Citizenship and Migration Affairs.<br />

178 Published: The Official Journal, L 155, 18.06.2009.


74<br />

Union Blue Card than provided in the very Directive. 179 Saeima adopted draft law<br />

"Amendment to the Immigration Law" in the 1st reading on 25 November 2010.<br />

The Office of Citizenship and Migration Affairs has also prepared a draft law<br />

“Amendment to the Law “On Status of Permanent Resident of the European Community in the<br />

Republic of Latvia”” 180 , the purpose of which is the transposition of the provisions of the<br />

above-mentioned Direction, aligning of terminology with the Lisbon Agreement, an<br />

opportunity for non-citizens of Latvia to obtain a status, as well as other technical<br />

amendments. 181<br />

‣ Directive 2009/52/EC of the European Parliament and of the Councils of 18 June<br />

2009 providing for minimum standards on sanctions and measures against employers<br />

of illegally staying third-country nationals. 182<br />

Currently, Paragraph eight of Section 37 of the Labour Law transposes Clause 1 of<br />

Article 3 of Directive 2009/52/EC of the European Parliament and of the Councils of 18 June<br />

2009. In order to fully transpose the requirements of Directive 2009/52/EC, draft law<br />

"Amendment to the Labour Law", draft law "Amendment to the Criminal Law" and draft law<br />

"Amendment to the Associations and Foundations Law" have been developed. The abovementioned<br />

draft laws were submitted and announced at the meeting of the State Secretaries on<br />

28 October 2010. In compliance with protocol decision No. 42 of the meeting of the State<br />

Secretaries of 28 October 2010, the Ministry of Welfare has been assigned the task of<br />

coordination of the draft laws and their executive summaries and of submission of coordinated<br />

drafts to the State Chancellery. 183<br />

‣ Regulation 810/2009 of the European Parliament and of the Council of 13 July 2009<br />

establishing a Community Code on Visas. 184<br />

179 Bērziņa K., Īstermiņa un cirkulārā migrācija Latvijā: empīriskās liecības, pašreizējā politiskā prakse un<br />

nākotnes iespējas (Short-term and Circular Migrations in Latvia: Empirical Evidence, Current Political Practice<br />

and Future Opportunities).// European migrations network, Riga, October 2010. – Available on:<br />

http://emn.lv/lv/pdf/2010/Circular_Migration_2010.LV.pdf - [see: 16.11.2010]<br />

180 Draft law “Amendments to the Law “On Status of Permanent Resident of the European Community in the<br />

Republic of Latvia””.//<br />

http://www.pmlp.gov.lv/lv/news/normativie_projects.htmlnews_id=583-[see: 05.10.2010]<br />

181<br />

Executive summary to draft law “Amendments to the Law “On Status of Permanent Resident of the European<br />

Community in the Republic of Latvia””.//<br />

http://www.pmlp.gov.lv/lv/news/normativie_projects.htmlnews_id=583-[see: 05.10.2010]<br />

182 Published: The Official Journal, L 168, 30.06.2009.<br />

183 Information provided by officials of the Ministry of Welfare.<br />

184 Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a<br />

Community Code on Visas (Visa Code).// Official Journal, L 243 , 15.09.2009.


75<br />

Cabinet of Ministers Regulation No.958 "Visa Regulations" of 12 October 2010, which<br />

has been issued in compliance with Paragraph three of Section 3, Clause 3 of Paragraph one of<br />

Section 12, Paragraphs three and four of Section 13 of the Immigration Law, harmonizes the<br />

procedure for issuance of national or long-term visas of Latvia with the practice of Schengen<br />

visa issuance, and it also reduces the administrative burden.


76<br />

Sources:<br />

LIST OF USED LITERATURE <strong>AND</strong> SOURCES<br />

‣ Rules of the Parliamentary Procedure.// The Latvian Herald, No.96, 18.08.1994.<br />

‣ Latvian Administrative Violations Code.// Ziņotājs, No.51, 20.12.1984.<br />

‣ Administrative Procedure Law.// The Latvian Herald, No.164, 14.11.2001.<br />

‣ Law on Structure of the Cabinet of Ministers.// The Latvian Herald, No.64, 11.04.2002.<br />

‣ State Administration Structure Laws.// The Latvian Herald, No.94, 21.06.2002.<br />

‣ Immigration Law.// The Latvian Herald, No.169, 20.11.2002.<br />

‣ Law "On Status of Permanent Resident of the European Community in the Republic of<br />

Latvia".// The Latvian Herald, No.107, 07.07.2006.<br />

‣ Asylum Law.// The Latvian Herald, No.100, 30.06.2009.<br />

‣ Repatriation Law.// The Latvian Herald, No.155, 10.10.1995.<br />

‣ Law "Amendment to the Education Law".// The Latvian Herald, Nr 47, 24.03.2010.<br />

‣ Law "Amendment to the Law on the National Armed Forces".// The Latvian Herald,<br />

No. 51/52, 31.03.2010.<br />

‣ Law "Amendment to the Immigration Law".// The Latvian Herald, No. 74, 12.05.2010.<br />

[valid from 01.07.2010]<br />

‣ Deklarācija par Valda Dombrovska vadītā Ministru kabineta iecerēto darbību<br />

(Declaration about the Activities Planned by the Cabinet of Ministers of Valdis<br />

Dombrovskis).//<br />

http://www.mk.gov.lv/lv/mk/darbibu-reglamentejosiedocumenti/valdibasd/<br />

- [see: 23.11.2010]<br />

‣ International document "Agreement between the Government of the Republic of<br />

Latvian and the Government of the Republic of Armenia on Cooperation in the Fight<br />

against Terrorism, Organized Crime and Illegal Narcotic Drugs, Psychotropic<br />

Substances and Precursors as well as Other Criminal Offences".//The Latvian Herald,<br />

No.82, 26.05.2010.<br />

‣ International document "Agreement between the Government of the Republic of<br />

Latvian and the Council of Ministers of the Republic of Albania on Cooperation in the


77<br />

Fight against Terrorism, Organized Crime, Illegal Narcotic Drugs, Psychotropic<br />

Substances and Precursors".// The Latvian Herald, No.99, 22.06.2010.<br />

‣ Cabinet of Ministers Regulation No.23 of 12 January 2010 "Regulations regarding<br />

Support to a Refugee and Person to whom the Alternative Status has been Granted".//<br />

The Latvian Herald, No.8, 15.01.2010.<br />

‣ Cabinet of Ministers Regulation No.24 of 12 January 2010 "Regulations regarding<br />

Amount of Cost of Food, Hygiene and Basic Necessities Items for Asylum Seekers and<br />

the Procedure of Reimbursement Thereof".// The Latvian Herald, No.8, 15.01.2010.<br />

‣ Cabinet of Ministers Regulation No.74 of 26 January 2010 "Procedure in Accordance<br />

with which Family of a Refugee or a Person with Granted Alternative Status or<br />

Temporary Protection is Reunified in the Republic of Latvia".// The Latvian Herald,<br />

No.16, 29.01.2010.<br />

‣ Cabinet of Ministers Regulation No.73 of 26 January 2010 "Regulations on the<br />

Standards of Accommodation of an Asylum Seeker who is Accommodated in the<br />

Asylum Seekers’ Accommodation Premises of the State Border Guard, as well as<br />

Amount of Hygiene and Basic Necessities Items".// The Latvian Herald, No.16,<br />

29.01.2010.<br />

‣ Cabinet of Ministers Regulation No.95 of 2 February 2010 "Regulation regarding<br />

Displacement Document Template for a Person with Granted Temporary Protection,<br />

Procedure of Issue Thereof and Amount of Information Necessary for Exchange<br />

Among Member States". // The Latvian Herald, No.21, 05.02.2010.<br />

‣ Cabinet of Ministers Regulation No.155 of 2 February 1999 “Procedure for the<br />

Submission and Review of the Application on the Recognition of a Child to Be a<br />

Citizen of Latvia regarding Recognition of a Child as a Citizen of Latvia". // The<br />

Latvian Herald, No.33, 26.02.2010.<br />

‣ Cabinet of Ministers Regulation No. 153 of 16 February 2010 "Amendment to Cabinet<br />

of Ministers Regulation No. 811 of 3 October 2003 "Regulation on the Office of<br />

Citizenship and Migration Affairs"".// The Latvian Herald, No.40, 11.03.2010.<br />

‣ Cabinet of Ministers Regulation No.156 of 16 February 2010 "Amendment to Cabinet<br />

of Ministers Regulation No. 353 of 29 May 2007 "Regulations on the Examination of<br />

the Latvian Language Skills, the Main Provisions of Satversme of the Republic of


78<br />

Latvia, Text of the National Anthem, and Latvian History Skills as Stated in the Law on<br />

Citizenship"".// The Latvian Herald, No.33, 26.02.2010.<br />

‣ Cabinet of Ministers Regulation No.152 of 16 February 2010 "Amendment to Cabinet<br />

of Ministers Regulation No. 34 of 2 February 1999 “Procedure for the Acceptance and<br />

Review of Naturalisation Applications"".// The Latvian Herald, No.38, 09.03.2010.<br />

‣ Cabinet of Ministers Regulation No.173 of 23 February 2010 “Internal Regulation of<br />

the Asylum Seekers’ Accommodation Centre".// The Latvian Herald, No.33,<br />

26.02.2010.<br />

‣ Cabinet of Ministers Regulation No.174 of 23 February 2010 "Procedure for Ensuring<br />

the Opportunities to Acquire Education for a Minor Asylum Seeker".// The Latvian<br />

Herald, No.33, 26.02.2010.<br />

‣ Cabinet of Ministers Regulation No.194 of 2 March 2010 "Regulations regarding a<br />

Personal Document of an Asylum Seeker and the Procedure for Issue Thereof".// The<br />

Latvian Herald, No.37, 05.03.2010.<br />

‣ Cabinet of Ministers Regulation No.222 of 9 March 2010 "Internal Regulations of the<br />

Asylum Seekers’ Accommodation Premises".// The Latvian Herald, No.41, 12.03.2010.<br />

‣ Cabinet of Ministers Regulation No. 276 of 23 March 2010 "Requirements for the<br />

Equipping of Asylum Seekers’ Accommodation Premises for Asylum Seekers Detained<br />

by the State Border Guard",.// The Latvian Herald, No.49, 26.03.2010.<br />

‣ Cabinet of Ministers Regulation No. 459 of 18 May 2010 "Regarding the Memorandum<br />

of Understanding on the Participation in the Public Key Directory (ICAO PKD) of<br />

Electronic Machine Readable Documents ICAO".// The Latvian Herald, No. 87,<br />

02.06.2010.<br />

‣ Cabinet of Ministers Regulation No.550 of 21 June 2010 "Regulations regarding the<br />

Amount of Necessary Financial Means for a Foreigner and Procedures for the<br />

Determination of the Existence of Financial Means".// The Latvian Herald, Nr 100,<br />

28.06.2010.<br />

‣ Cabinet of Ministers Regulation No.551 of 21 June 2010 "Amendment to Cabinet of<br />

Ministers Regulation No.194 of 2 March 2010 "Regulations regarding a Personal<br />

Document of an Asylum Seeker and the Procedure for Issue Thereof"".// The Latvian<br />

Herald, No.100, 28.06.2010.


79<br />

‣ Cabinet of Ministers Regulation No. 552 of 21 June 2010 "Procedures for Approval of<br />

Invitations and Drawing up of Written Requests".// The Latvian Herald, Nr 100,<br />

28.06.2010.<br />

‣ Cabinet of Ministers Regulation No.554 of 21 June 2010 "Regulations regarding the<br />

Countries of Citizens for Whom Additional Examination is Performed in Issuance of a<br />

Visa or Residence Permit".// The Latvian Herald, No. 100, 28.06.2010.<br />

‣ Cabinet of Ministers Regulation No.549 of 21 June 2010 "Amendment to Cabinet of<br />

Ministers Regulation No. 365 of 26 May 2008 “Procedure for Examination of Available<br />

Information in Reviewing of Documents for Request of a Visa or a Residence Permit of<br />

a Third-Country National"".// The Latvian Herald, No. 100, 28.06.2010.<br />

‣ Cabinet of Ministers Regulation No.571 of 21 June, 2010 "Regulations Regarding the<br />

State Fee for Examination of the Documents Necessary for the Requesting a Visa,<br />

Residence Permit or the Status of a Permanent Resident of the European Community in<br />

the Republic of Latvia and the Services Related Thereto".// The Latvian Herald,<br />

No.101, 29.06.2010.<br />

‣ Cabinet of Ministers Regulation No.675 of 27 July 2010 "Regulations for Technical<br />

Means Required for Border Control and Border Monitoring".// The Latvian Herald, No.<br />

120, 30.07.2010.<br />

‣ Cabinet of Ministers Regulation No.725 of 3 August, 2010 "Regulation on the<br />

Territorial Competence of Diplomatic and Consular Missions of the Republic of Latvia<br />

in Requests of Visas".// The Latvian Herald, No.127, 12.08.2010.<br />

‣ 2010 Cabinet of Ministers Regulation No.958 of 12 October 2010 "Visa Regulations".//<br />

The Latvian Herald, No.164, 15.10.2010.<br />

‣ Cabinet of Ministers Order No. 62 of 10 February 2010 "Concept of Electronic<br />

Identification Cards". // The Latvian Herald, No.25, 12.02.2010.<br />

‣ 10. Saeimas vēlēšanas (The 10th Saeima Election).//<br />

http://web.cvk.lv/pub/public/29642.html - [see: 20.10.2010]<br />

‣ Amendment to the Immigration Law.//<br />

http://titania.saeima.lv/LIVS10/SaeimaLIVS10.nsf/webSasaisteOpenView&restricttoca<br />

tegory=28/Lp10 - [see: 07.12.2010]


80<br />

‣ Executive summary to draft law "Amendment to the Immigration Law".//<br />

http://ww.saeima.lv/saeima9/lasadd=LP1001_0 – [see: 10.03.2009]<br />

‣ Executive summary to draft law "Amendment to the Immigration Law".//<br />

http://titania.saeima.lv/LIVS/SaeimaLIVS.nsf/0/A4AE4F3C05CC28E2C22575F004311<br />

B3OpenDocument- [see: 27.08.2009]<br />

‣ Draft law “Amendment to Law “On Status of Permanent Resident of the European<br />

Community in the Republic of Latvia””.//<br />

http://www.pmlp.gov.lv/lv/news/normativie_projekti.htmlnews_id=583-[sk.<br />

05.10.2010.]<br />

‣ Executive summary to draft law “Amendment to Law “On Status of Permanent<br />

Resident of the European Community in the Republic of Latvia””.//<br />

http://www.pmlp.gov.lv/lv/news/normativie_projects.htmlnews_id=583- [see:<br />

05.10.2010]<br />

‣ Draft law “Regarding the Agreement between the Government of the Republic of<br />

Latvia and the Government of the Republic of Belarus on the Simplifying the Mutual<br />

Visits of Residents of the Frontier Territories”.//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40164486&mode=mk&date=2010-08-10 – [sk.<br />

11.08.2010.]<br />

‣ Executive summary to draft law "Regarding the Agreement between the Government of<br />

the Republic of Latvia and the Government of the Republic of Belarus on the<br />

Simplifying the Mutual Visits of Residents of the Frontier Territories".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40164486&mode=mk&date=2010-08-10 – [see:<br />

11.08.2010]<br />

‣ Executive summary to draft law "Amendment to the Labour Law".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40194425- [see: 24.11.2010]<br />

‣ Executive summary to draft law "Amendment to the Latvian Administrative Violations<br />

Code".// http://www.mk.gov.lv/lv/mk/tap/pid=40194426 - [see: 24.11.2010]<br />

‣ Executive summary to draft law "Amendment to the Criminal Law".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40194427 - [see: 24.11.2010]<br />

‣ Draft law "Amendment to the Immigration<br />

Law".//http://www.mk.gov.lv/lv/mk/tap/pid=40178026 – [see: 24.11.2010]


81<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Amendment to Cabinet of<br />

Ministers Regulation No. 811 of 3 October 2006 "Regulation of the Office of<br />

Citizenship and Migration Affairs"".// http://www.mk.gov.lv/lv/mk/tap/pid=40163587<br />

– [see: 29.01.2010]<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Regulations regarding<br />

Residence Permits".// http://www.mk.gov.lv/lv/mk/tap/pid=40176253 – [see:<br />

14.05.2010]<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Procedures for Approval<br />

of Invitations and Drawing up of Written Requests".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40176255- [see: 14.05.2010]<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Regulations Regarding<br />

Work Permits for Third-country Nationals".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40176254- [see: 14.05.2010]<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Amendment to Cabinet of<br />

Ministers Regulation No. 365 of 26 May 2008 “Procedure for Examination of<br />

Available Information in Reviewing of Documents for Request of a Visa or a Residence<br />

Permit of a Third-Country National"".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40176245 – [see: 14.05.2010]<br />

‣ Executive summary to Cabinet of Ministers draft regulation " Procedure in accordance<br />

with which the State Border Guard Performs Border Monitoring Tasks at Sea by the<br />

Use of Technical Means, Floating Means and Aircrafts of the National Armed<br />

Forces".// http://www.mk.gov.lv/lv/mk/tap/pid=40180559&mode=mk&date=2010-11-<br />

30 – [see: 01.12.2010]<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Regulations regarding the<br />

Amount of Necessary Financial Means for a Foreigner and Procedures for the<br />

Determination of the Existence of Financial Means".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40176246 – [see: 14.05.2010]<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Amendment to Cabinet of<br />

Ministers Regulation No. 34 of 2 February 1999 “Procedure for the Acceptance and<br />

Review of Naturalisation Applications"".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40163583- [see: 29.01.2010]


82<br />

‣ Executive summary to Cabinet of Ministers draft regulation "Amendment to Cabinet of<br />

Ministers Regulation No.194 of 2 March 2010 "Regulations regarding a Personal<br />

Document of an Asylum Seeker and the Procedure for Issue Thereof"".//<br />

http://www.mk.gov.lv/lv/mk/tap/pid=40176244 – [see: 14.05.2010]<br />

‣ Directive 1999/93/EC of the European Parliament and of the Council of 13 December<br />

1999 on a Community framework for electronic signatures.// Official Journal, L 013,<br />

19.01.2000.<br />

‣ Treaty establishing the European Community (Consolidated Version).// Official Journal<br />

C 325, 24.12.2002.<br />

‣ European Council Regulation No. 1030/2002 of 13 June 2002 laying down a uniform<br />

format for residence permits for third-country nationals.// Official Journal, L 157/1,<br />

15.06.2002.<br />

‣ Council Directive 2003/109/EC of 25 November 2003 concerning the status of thirdcountry<br />

nationals who are long-term residents of a member state.// Official Journal, L<br />

016, 23.01.2004.<br />

‣ Council Decision No.2008/381/EC of 14 May 2008 establishing the European<br />

Migration Network.// Official Journal, L 131, 21.05.2008.<br />

‣ Directive 2008/115/EC of the European Parliament and of the Council of 16 December<br />

2008 on common standards and procedures in Member States for returning illegally<br />

staying third-country nationals.// Official Journal, L 348/98, 24.12.2008.<br />

‣ Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence<br />

of third-country nationals for the purposes of highly qualified employment.// Official<br />

Journal, L 155, 18.06.2009.<br />

‣ Directive 2009/52/EC of the European Parliament and of the Councils of 18 June 2009<br />

providing for minimum standards on sanctions and measures against employers of<br />

illegally staying third-country nationals.// Official Journal, L 168, 30.06.2009.<br />

‣ Regulation 810/2009 of the European Parliament and of the Council of 13 July 2009<br />

establishing a Community Code on Visas (Visa Code).// Official Journal, L 243 ,<br />

15.09.2009.


83<br />

Literature:<br />

‣ Apstiprina jaunu vīzu izsniegšanas kārtību (New Procedure for Visa Issuance<br />

Confirmed.// http://www.rs.gov.lv//id=35&sa=&top=-1&rel=1479 – [see:<br />

15.10.2010]<br />

‣ Aptauja: iedzīvotāji atbalsta atvieglotu ieceļošanu investoriem. (Surveyl: Inhabitants<br />

Support Facilitated Entry for Investors)//<br />

http://www.delfi.lv/news/national/politics/aptauja-iedzivotaji-supporta-atvieglotuiecelosanu-investoriem.did=31087847<br />

– [see: 07.04.2010]<br />

‣ Bērziņa K., Īstermiņa un cirkulārās migrācijas Latvijā: Empīriskās liecības, pašreizējā<br />

politiskā prakse un nākotnes iespējas (Short-term and Cicular Migrations in Latvia:<br />

Empirical Evidence, Current Political Practice and Future Opportunities).// European<br />

migrations network, Riga, October 2010. – Available on:<br />

http://emn.lv/lv/pdf/2010/Circular_Migration_2010.LV.pdf - [see: 16.11.2010]<br />

‣ Fridrihsone M., Izsniedzot uzturēšanās atļaujas apmaiņā pret investīcijām, cer radīt<br />

5000 darbavietu (By Issuing Residence Permits in Exchange to Investment, Hope to<br />

Create 5,000 Jobs).// http://www.db.lv/2/a/2010/01/14/Izsniedzot_uztureshanas_at -<br />

[see: 14.01.2010]<br />

‣ De facto: konstatēti pirmie fiktīvie darījumi, mēģinot tikt pie uzturēšanās atļaujām (The<br />

First Fictitious Deals Detected Trying to Obtain Residence Permits).//<br />

http://www.delfi.lv/news/national/politics/de-facto-konstateti-pirmie-fikhtivie-darijumimeginot-tikt-pie-uzturesanas-atlaujam.did=35295796<br />

– [see: 21.11.2010]<br />

‣ Egle I., Pikets pie Saeimas pret Imigrācijas likuma grozījumiem: "Latvija vārti<br />

bandītiem uz Eiropu (Protest at the Saeima Building Against the Amendment to the<br />

Immigration Law: "Latvia – the Gate for Racketeers to Europe)".//<br />

http://www.diena.lv/lat/politics/hot/pikets-pie-saeimas-Latvia-varti-banditiem-uz-eiropu<br />

- [see: 04.03.2010]


84<br />

‣ Eiropas Atgriešanās fonda 2009.gada programmas projects “Nelegālo imigrantu lietu<br />

digitālā arhīva izveidošana un attīstīšana”.//<br />

http://www.pmlp.gov.lv/lv/par_pmlp/projects/ERF_arhivs.html - [10.12.2010]<br />

‣ European Fund for the Integration of third-country nationals.//<br />

http://www.pmlp.gov.lv/lv/par_pmlp/projects/e_macibas_ETVVIF.html - [see:<br />

30.03.2010]<br />

‣ Eiropas robežu novērošanas sistēmas ieviešanu koordinēs Iekšlietu ministrija (The<br />

Ministry of Interior Will Coordinate the Introduction of the European Border<br />

Surveillance System).//<br />

http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=18907 - [see:<br />

25.11.2010]<br />

‣ Elektronisko ID karšu ieviešana izmaksās 9,21 miljonu latu (Introduction of Electronic<br />

ID Cards Will Cost 9.21 Million Lats )//<br />

http://www.apollo.lv/portal/news/articles/190948 - [see: 30.11.2010]<br />

‣ Gromovs J., Patvēruma likuma komentāri (Comments to the Asylum Law).//Riga:<br />

Office of Citizenship and Migration Affairs, 2009.-301 p.<br />

‣ Amendment to Law “On the Status of the Permanent Resident of the European<br />

Community in the Republic of Latvia.<br />

//http://www.pmlp.gov.lv/lv/news/normativie_projects.htmlnews_id=583-[see:<br />

05.10.2010]<br />

‣ Hofmanis R., Drošības iestādes brīdina Zatleru (Zatlers Warned by Security<br />

Institutions).// http://zinas.nra.lv/Latvia/policy/18477-drosibas-iestades-bridinazatleru.htm<br />

- [15.03.2010]<br />

‣ IeM valsts sekretāre pauž Latvijas nostāju patvēruma politikas jautājumos (The State<br />

Secretary of the Ministry Express the Position of Latvia in Asylum Policy).//<br />

http://iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=19035 - [see: 24.11.2010]


85<br />

‣ Interesējas par darbaspēka migrāciju un darba atļauju izsniegšanu ārzemniekiem<br />

(Interest in Labour Force Migration and Issuance of Work Permits to<br />

Foreigners).//http://www.pmlp.gov.lv/lv/news/news_id=57 0- [see: 27.08.2010]<br />

‣ Izsludināti domstarpības raisījušie Imigrācijas likuma grozījumi (Disputed<br />

Amendments to the Immigration Law Announced)).//<br />

http://www2.la.lv/lat/sodienas_zinas/doc=6715 – [see: 12.05.2010]<br />

‣ Kārkliņa D. Latvijas un ārzemju studenti cits citam mācīs valodu (Latvian and Foreign<br />

Students Will Teach Languages to Each Other).//<br />

http://www.diena.lv/lat/business/karjera/izglitiba/Latvian-un-arzemju-studenti-citscitam-macis-languages<br />

– [see: 26.02.2010]<br />

‣ Kluinis A. Kā pērk uzturēšanās atļauju Eiropā (How a Residence Permit is Bought in<br />

Europe).// http://zinas.nra.lv/EConomika/Latvia/30832-ka-perk-uzturesanas-atlaujaseiropa.htm<br />

- [see: 10.09.2010]<br />

‣ Liela interese no NVS valstu investoriem par uzturēšanās atļaujām Latvijā (Increased<br />

Interest from Investors of hte CIS about Residence Permits in Latvia).//<br />

http://diena.lv/lat/politics/hot/avize-liela-interese-no-nvs-valstu-investoriem-paruzturesanas-atlaujam-Latvia<br />

- [see: 10.11.2010]<br />

‣ Notiek Apvienotās Latvijas-Krievijas darba grupas par jautājumiem cīņa pret nelegālo<br />

migrāciju tikšanās (Meeting of the Joint working Party of Latvia and Russia for Fight<br />

against Illegal Migration Held).// http://www.rs.gov.lv/rel=1304&id=35&top=-1 –<br />

[see: 17.05.2010]<br />

‣ Paparde I., Investīcijas dos uzturēšanās atļauju (Investment will Give a Residence<br />

Permit).// http://zinas.nra.lv/Latvia/policy/17789-investicijas-dos-uzturesanasatlauju.htm<br />

- [see: 05.03.2010]<br />

‣ Paparde I., Saeimā iztaujās Šveices ekspertu par Imigrācijas likumu (Expert from<br />

Switzerland Interviewed by Saeima about the Immigration Law)).//<br />

http://zinas.nra.lv/Latvia/policy/19427-saeima-iztaujas-sveices-ekspertu-parimigracijas-lawu.htm<br />

– [see: 26.03.2010]<br />

‣ Pastiprinās cīņu pret darbaspēka ekspluatāciju (Fight Against Labour Force<br />

Exploitation Increases)/


86<br />

http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=19025 - [see:<br />

25.11.2010]<br />

‣ PMLP izdod grāmatu ar Patvēruma likuma komentāriem (The OCMA Issues a Book<br />

with Comments to the Asylum Law).// http://www.pmlp.gov.lv/lv/news/news_id=486 -<br />

[see: 24.11.2010]<br />

‣ Projekta „Es palieku Latvijā” ietvaros četru reģionu pašvaldības tiks iepazīstinātas ar<br />

bēgļu integrāciju Latvijā (Four regional authorities will be introduced to the integration<br />

of the refugees in Latvia within the framework of the project „I Stay in Latvia!”).//<br />

http://www.patverums-dm.lv/new.phplang=lv&id=1&n_id=73-[sk.20.01.2011.]<br />

‣ Robežsardze realizē projektu Eiropas bēgļu fonda ietvaros (Project Implemented in the<br />

Boarder Guard with the Project of the European Refugees Fund).//<br />

http://iem.gov.lv/lat/aktualitātes/jaunumi/doc=192902 - [see: 24.11.2010]<br />

‣ Rutule E., LDDK un NVS investoru aizstāvji iestājas par grozījumiem Imigrācijas<br />

likumā (LDDK and Representatives of Investors from the CIS Support the Amendment<br />

to the Immigration Law).// http://www.dina.lv/lat/business/hotnews/lddk-un-nvsinvestoru-aizstavji-iestajas-par-grozijumiem-imigracijas-lawa<br />

- [10.03.2010]<br />

‣ Rutule E., Konsultants: Latviju investorien pievilcīgāku var padarīt, arī atvieglojot<br />

procedūru (Latvia Can Become More Attractive for Investors also Through Faciliated<br />

Procedure).// http://www.diena.lv/lat/business/expert/expertopinion/konsultants-latvijuinvestoriem-pievilcigaku-var-padarit-ari-atvieglojot-proceduru<br />

- [see: 06.04.2010]<br />

‣ Rutule E., Dalbiņš: pārskatot Imigrācijas likumu, zudušas bažas par nespēju kontrolēt<br />

imigrantus (By Reviewing the Immigration Law, Doubt about Inability to Control<br />

Immigrants has Ceased).// http://www.diena.lv/lat/politics/hot/dalbins-parskatotimigracijas-lawu-zudusas-bazas-par-nespeju-controlt-investorus<br />

- [see: 22.04.2010]<br />

‣ Saeima komisija vienojas par politiski represētās personas statusa piešķiršanas<br />

centralizāciju. (Committee of the Saeima Agrees on Centralizing the Granting<br />

Procedure of Politically Repressed Person’s Status).//<br />

http://www.lv.lv/index.phpmenu=doc&sub=pr&id=223100 – [see: 17.01.2011.]<br />

‣ Sagatavo Latvijas un Portugāles sadarbības līgumu cīņai ar organizēto noziedzību (The<br />

Cooperation Agreement between Latvia and Portugal for Fight against Organized<br />

Crime Prepared).//


87<br />

http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=18496 - [see:<br />

25.11.2010]<br />

‣ Riga Office of the International Organization for Migration, Research. Situation in the<br />

Field of Voluntary Return.// Riga: IOM, 2010.-p. 160.<br />

‣ Riga Office of the International Organization for Migration., Research. Situation in the<br />

Field of Reintegration.// Riga: IOM, 2010.-p. 136.<br />

‣ Sabiedrības integrācijas funkciju nodos Kultūras un Iekšlietu ministrijām (Social<br />

Integration Function will be Transferred to the Ministries of Culture and the Interior).//<br />

http://www.mk.gov.lv/lv/aktuali/zinas/2010gads/12/071210-tm-16/ - [see: 07.12.2010]<br />

‣ Saeima izsaka uzticību jaunajam Ministru kabinetam (Saeima Gives the New Cabinet<br />

of Ministers a Vote of Confidence).// http://www.saeima.lv/lv/aktualitates/saeimaszinas/17647-saeima-izsaka-uzticibu-jaunajam-ministru-kabinetam<br />

- [see: 03.11.2010]<br />

‣ Šogad martā nevalstiskā organizācija "Patvērums "Drošā māja"" sāka īstenot Eiropas<br />

Bēgļu fonda projektu „NVO atbalsta sistēma patvēruma meklētājiem un bēgļiem"<br />

(Non-governmental organization "Patvērums "Drošā māja"" started the implementation<br />

of project "NGO Support System for Asylum Seekers and Refugees”) of the European<br />

Refugee Fund in March this year).// http://www.patverumsdm.lv/index.phplang+lv&id=25<br />

– [see: 25.11.2010]<br />

‣ Tautas partija atsakās no atbildības un pamet valdību (Tautas partija Refuses from the<br />

Liability and Quits the Government).// http://www.tvnet.lv/zinas/Latvia/308174-<br />

tautas_partija_atsakas_no_atbildibas_un_pamet_valdibu - [see: 17.03.2010]<br />

‣ Uzsākta Eiropas Savienības Vīzu kodeksa piemērošana (Application of the European<br />

Union Visa Code is Started).//<br />

http://www.rs.gov.lv/index.phpid=993&sa=&top=0&doc=4622 - [see: 25.11.2010]<br />

‣ Ukrainā Latvijas vīzai varēs pieteikties ar kurjerpastu (Expected Application for a<br />

Latvian Visa via Courier Service in<br />

Ukraine).//http://www.delfi.lv/news/national/politics/Ukraine-Latvian-vizai-varespieteikties-ar-kurjerpastu.did=35440945<br />

– [see: 29.11.2010]<br />

‣ Valsts robežsardze varēs pieprasīt autovadītājiem uzrādīt dokumentus visā valsts<br />

teritorijā (The State Border Guard will Have the Right to Request Drivers to Present


88<br />

Documents in the Whole Territory of the State).//<br />

http://iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=19335 – [28.10.2010]<br />

‣ Var tikt radīti papildu mehānismi spiegu iekļūšanai Latvijā (Additional Mechanisms for<br />

Entry of Spies of Latvia may be Created).//<br />

http://www.apollo.lv/portal/news/articles/197032 - [see: 12.03.2010]<br />

‣ Viltot Latvijā izsniegtās pases kļūs vēl grūtāk (It Will Be More Complicated to<br />

Counterfeit Passports Issued in Latvia).//<br />

http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=18348-[25.11.2010]<br />

‣ Zaļā gaisma alternatīvai pasei (Green Light for Alternative Passport).//<br />

http://zinas.nra.lv/Latvia/16709-zala-gaisma-alternativai-pasei.htm - [see: 30.11.2010]<br />

‣ Zālīte I., ZZS aptur referenduma ideju; Imigrācijas likuma grozījumu liktenis Zatlera<br />

ziņā (ZZS Halts the Idea on Referendum; Destiny of the Amendment to the<br />

Immigration Law is in Zalters’ Hands).//http://www.diena.lv/lat/politics/hot/zzs-apturreferenduma-ideju-imigracijas-lawa-grozijumu-liktenis-zatlera-zina<br />

– [see: 08.03.2010]<br />

‣ Zvirbulis Ģ., Top jauns Repatriācijas likums (New Repatriation Law<br />

Developing).//http://www2.la.lv/lat/Latvian_avize/jaunakaja_numura/Latvian.zinas/do<br />

c=89436 – [see: 25.11.2010]


89<br />

ANNEX OF THE EUROPEAN PACT <strong>ON</strong> IMMIGRATI<strong>ON</strong> <strong>AND</strong> <strong>ASYLUM</strong><br />

<strong>AND</strong> THE STOCKHOLM PROGRAMME<br />

LEGAL IMMIGRATI<strong>ON</strong> <strong>AND</strong> <strong>IN</strong>TEGRATI<strong>ON</strong><br />

1. Economic migration<br />

1.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

I(a) Implement policies for labour migration<br />

Please describe the (planned) introduction of a new labour migration policy or changes to<br />

the existing one. Elaborate any new aspects (e.g. introduction of quota, lists of professions,<br />

agreement with specific third countries, use of private recruitment services, etc). Specify<br />

whether these address any specific groups of migrants and describe any groups which are<br />

not addressed under the subsequent commitments in this sub-section. Also consider the<br />

effect of the economic crisis on labour migration (e.g. revision of quota, reduction of<br />

professions listed, etc).<br />

The regulatory enactments in Latvia that regulate the employment of third-country<br />

nationals are created horizontally and applied to all third-country nationals equally.<br />

In 2010, there are changes in the field of legal immigration of Latvia: Law of 22 April<br />

2010 “Amendment to the Immigration Law" entered into force on 1 July 2010, which provides<br />

several important amendments, particularly in relation to reception of third-country nationals<br />

for employment. The Amendment to the Immigration Law provides the establishing of a one<br />

stop agency by inviting guest workers from third countries. It means that employers will no<br />

longer need to visit the State Employment Agency where education documents and<br />

employment contracts of such guest workers were assessed, a work invitation letter was<br />

approved and after that – the Office of Citizenship and Migration Affairs for approval of the<br />

invitation letter to request a residence permit, but only the Office of Citizenship and Migration<br />

Affairs which shall examine documents of employment and residence thus saving time and<br />

simplifying the administrative procedure.<br />

I(b) increase the attractiveness of the EU for highly qualified workers and further facilitate the<br />

reception of students and researchers:<br />

Please describe any (planned) measures to facilitate access of highly qualified workers,<br />

students and researchers. Refer to the implementation of the Blue Card Directive.<br />

Describe any incentive mechanisms for highly qualified workers, students and<br />

researchers on top of the transposition and implementation of EU legislation. Also<br />

consider the effect of the economic crisis.<br />

On 27 May 2010, the Meeting of the State Secretaries announced draft law<br />

"Amendment to the Immigration Law", which was developed in order to introduce Council<br />

Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country<br />

nationals for the purposes of highly qualified employment (henceforth – the Blue Card<br />

Directive).<br />

The above-mentioned amendment includes the requirements of the Blue Card Directive.<br />

The draft law includes the definition of the Blue Card of the European Union, periods have


90<br />

been specified for requesting a Blue Card of the European Union, and the rights have been<br />

specified for third-country national who holds a valid EU Blue Card issued in another Member<br />

State of the European Union and who requests such a status in the Republic of Latvia, to reside<br />

in the Republic of Latvia during the review of documents. By implementing the Blue Card<br />

Directive, which must be completed in Latvia by 19 June 2010, the first steps will be made<br />

towards the introduction of circular migration. Moreover, in general more favourable<br />

conditions will be introduce in Latvia for receiving and using an EU Blue Card than provided<br />

in the Directive.<br />

The Office of Citizenship and Migration Affairs has prepared also draft law<br />

"Amendment to the Law On Status of Permanent Resident of the European Community in the<br />

Republic of Latvia"", the purpose of which is the transposition of the provisions of the abovementioned<br />

Direction, aligning of terminology with the Lisbon Agreement, an opportunity for<br />

non-citizens of Latvia to obtain a status, as well as other technical amendments.<br />

I(c) Do not aggravate the brain drain<br />

Please describe any (planned) measures to favour circular or temporary migration, as<br />

well as other measures taken to avoid brain drain, for example awareness rising actions,<br />

development of data and indicators on this phenomena, prevention, list of countries and<br />

professions subject to brain drain.<br />

In compliance with the provisions of the Immigration Law, currently a third-country<br />

national who has received a temporary residence permit may reside outside of the territory of<br />

Latvia without any time limit. It means that a third-country national may return to Latvia only<br />

once a year for registration of the temporary residence permit if its expiry term is more than<br />

one year. The said provision has been amended because the joining of Latvia to the Schengen<br />

zone does not enable anymore to determine whether the person who has received a temporary<br />

residence permit in the Republic of Latvia is currently in Latvia or in any other Member State<br />

of the European Union, thus making it impossible to establish a fact of absence.<br />

Latvia is not a country which facilitates emigration of labour because the total number<br />

of immigrant is very small and persons who enter the country for employment do not have high<br />

qualification. In 2010, the highest demand in the labour market of Latvia was for ship repair<br />

locksmiths and cargo truck drivers. The largest immigrant flows into the Republic of Latvia are<br />

from Russia, Ukraine and Belarus.<br />

1.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:<br />

1(b) Improving skills recognition and labour matching<br />

Describe any (planned) measures to improve the skills recognition of third-country<br />

nationals and labour matching between your Member State and third countries<br />

(including online employment, etc). Linked to this, describe whether and how your<br />

Member State analyses its labour market needs / shortages. Also consider the effect of the<br />

economic crisis.<br />

Amendment to the Immigration Law, which entered into force on 1 July 2010, provides<br />

that, in order to ensure the compliance of employees from third countries with requirements of<br />

an offered vacancy, responsible officials of branches of the State Employment Agency shall<br />

register, pursuant to valid regulatory enactments, a vacancy notified by an employer by


91<br />

indicating profession, preferable educational level of a candidate, work experience and, when<br />

establishing that the vacancy is registered for the purpose of inviting a guest worker, shall<br />

actively inform about such an employment opportunity its clients: residents of Latvia and other<br />

Member States of the European Union who are registered with the State Employment Agency<br />

as unemployed persons or persons searching employment. If employment of a third-country<br />

national in Latvia is planned according to a company agreement, a work invitation letter shall<br />

be approved without registration of the vacancy, by coordinating the company agreement and<br />

by submitting documents that certify the employee’s education and qualification. Such an<br />

application shall provide reasons for the employment of the third-country national in<br />

compliance with a company agreement and specify number, positions, professions of the thirdcountry<br />

nationals to be employed as well as place and terms of fulfilment of work.<br />

Regardless of whether it is planned to employ a third-country national on the basis of an<br />

employment contract or company agreement, in order to approve a work invitation letter, the<br />

employer (merchant) or his authorised representative shall submit the following documents to<br />

the Office of Citizenship and Migration Affairs, by enclosing the work invitation letter:<br />

• if the profession of a third-country national is regulated – a copy of a qualification<br />

acknowledgment certificate or a similar document certifying the compliance of the<br />

professional qualification with the requirements set in the Republic of Latvia;<br />

• if the profession of a third-country national is not regulated – a legalised copy of an<br />

education document or a document certifying three-year experience in the profession in<br />

which the employer plans to employ the third-country national, by enclosing translation<br />

into the official language certified in accordance with stipulated procedure.<br />

Since there is a high unemployment level in Latvia as a result of economic crisis and,<br />

until now at least, Latvia has not been a country of destination of highly qualified labour force,<br />

the demand to vacancies of low qualified labour at the moment is satisfied by local labour<br />

force.<br />

1.3 Key statistics<br />

First residence permits, by reason<br />

Total<br />

Education<br />

reasons<br />

Remunerated<br />

activities reasons Other reasons<br />

First permits 185 1499 206 450 843<br />

All valid residence permits, by duration<br />

12 months and<br />

Total 3-5 months 6-11 months over<br />

All permits 186 373763 138 1314 372311<br />

Unemployment rates of Member State citizens versus third-country nationals residing in the Member<br />

State<br />

Member State citizens Third-country nationals 187<br />

185 Data summarised by the Office of Citizenship and Migration Affairs.<br />

186 Data summarised by the Office of Citizenship and Migration Affairs.<br />

187 The State Social Insurance Agency does not summarise statistics on beneficiaries of unemployment benefit for<br />

third-country nationals. Only a very limited category of third-country nationals may be eligible to receive<br />

unemployment benefit in Latvia.


92<br />

Unemployment rate (%) 14.4% 188 -<br />

2 Family Reunification<br />

2.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

I(d) To regulate family migration more effectively<br />

Please describe any new policies / legislation in this regard or changes to existing policies<br />

and legislation regulating family migration. Consider also your Member State’s reception<br />

capacity and the extent to which the family member’s capacity to integrate is being taken<br />

into account in the admission procedure, e.g. their knowledge of the country's language,<br />

level of education, professional background, other.<br />

Since the family reunification procedure in Latvian regulatory enactments is liberal, as<br />

many categories of persons have the right to receive a residence permit on the basis of family<br />

reunification, the competent institutions have not planned any changes in the relevant<br />

regulatory enactments.<br />

When issuing a residence permit on the basis of family reunification, the competent<br />

institutions of Latvia do not assess the ability of a family member to integrate but assess his or<br />

her family ties instead.<br />

In order to ensure the implementation of the provisions of the new Asylum Law, which<br />

entered into force on 14 July 2009, the Government has adopted several regulatory enactments<br />

in 2010 that regulate also the matters of family reunification for a refugee, a person who has<br />

acquired the alternative status or temporary protection.<br />

2.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:<br />

2(b) The Directive on family reunification, the importance of integration measures<br />

Please describe any concrete (planned) measures to further promote the integration of<br />

third-country nationals coming for the purpose of family reunification.<br />

By continuing the acquisition of the European Third-Country National Integration Fund<br />

under the Programme of Solidarity and Management of Migration Flows 2007-2013, the<br />

implementation of the said fund projects 2008 was completed in 2010. Totally 17 projects were<br />

implemented within the framework of the European Third-Country National Integration Fund<br />

under the Programme of Solidarity and Management of Migration Flows 2008. In compliance<br />

with the scope of the multiannual programme of the fund, as well as Programme 2008, when<br />

planning integration activities, specific target groups are taken into account as well as special<br />

needs of such groups. Activity “Development of programmes and provision of services to<br />

special groups of third-country nationals (children, women, elder people, people without<br />

education, and people with special needs)” was planned for this purpose under the Fund<br />

188 Bezdarba līmenis decembra beigās palielinājies par 0,1 procentu (Unemployment rate in December has<br />

increased by 0.1 percentage point).// http://zinas.nra.lv/ekonomika/latvija/38508-registreta-bezdarba-limenisdecembra-beigas-palielinajies-par-0-1-procentpunktu.htm–<br />

[sk. 07.01.2011.]


93<br />

Programme 2008, and it supported activities focused on access to knowledge and resources for<br />

special groups of third-country nationals who are in less favourable position, to increase their<br />

self-esteem regarding participation in the communities and to develop strategies to overcome<br />

any obstacles and to gain control over their surrounding environment. 3 projects were<br />

implemented within the framework of the said activity. Foundation "Social service agency<br />

"Family Crisis Centre"" implemented project "Integrēties is viegli!" (“Integration Is Easy!”)<br />

where a service programme and methodology was developed for the target group of the project<br />

- third-country nationals – women and children, 48 educational sessions for women and<br />

children were organised and lead, individual consultations were provided by a lawyer, social<br />

worker and psychologist to women from third countries, 2 cross-cultural dialogue round-table<br />

discussions were organised, as well as 2 training camps were organised for the target group of<br />

the project.<br />

The Office of Citizenship and Migration Affairs implemented project "Support to<br />

repatriates – third-country nationals" where assistance was provided to 57 families of<br />

repatriates (totally 138 persons). Support was provided in 197 cases: 20 repatriates acquired the<br />

Latvian language, computer training was given to 14 repatriates, professional courses were<br />

ensured for 6 repatriates to help in searching for employment, aid was given to 4 repatriates for<br />

payment of study fee in educational establishments of Latvia, an integration camp was<br />

organised for children of repatriates with 17 children as participants.<br />

Society "Developments aģentūra "Pieci"" (Development Agency “Five”) implemented<br />

project "Atvērti integrācijai!" (“Open to Integration!”) where the Integration Centre for<br />

Children was established. The Centre has organised psychological support groups for 24<br />

mothers, educational sessions for 12 children, educational sessions for 36 mothers, integration<br />

activities for children have been organised.<br />

In order to ensure integration and access to language courses, within the framework of<br />

Programme 2008 Activity "Develop programmes and activities for the purpose of promoting<br />

adjustment of third-country nationals to the receiving society and to help them in acquisition of<br />

main knowledge about the language, history, institutions, social and economic situation, culture<br />

life, etc.", the Ministry of Education and Science, the Office of Citizenship and Migration<br />

Affairs and the Latvian Language Agency as cooperation partners implemented, during the<br />

period from 1 December 2009 till 30 June 2009, the project financed by the European Third-<br />

Country National Integration Fund "Development of the Latvian language e-training course for<br />

the promotion of education and access to the labour market for third-country nationals".<br />

Within the framework of the project, an electronic training programme has been<br />

developed which helps third-country nationals to acquire the Latvian language according to the<br />

European language level A1 and afterwards also A2, simultaneously by acquiring knowledge<br />

about the state of Latvia, its history, geography and social life, thus promoting additionally the<br />

integration of an individual in society. The training course was focused on trainees who have<br />

knowledge as the Russian language as the bridge language. Totally 40 sessions of interactive<br />

language training has been prepared in the course, with self-test possibilities. The developed<br />

electronic languages training course is available to the public on the portal of Latvian schools<br />

of the Ministry of Education and Science from 1 July 2010. Russian was chosen as the bridge<br />

language in this project because, according to statistics on migration, the number of speakers of<br />

the said language in Latvia among the third-country nationals here is the highest: as of 1<br />

January 2009, there were 8,002 representatives of the target group residing in Latvia – citizens<br />

of third countries with temporary residence permits, including 6,523 or 81.5% with the<br />

knowledge of Russian as the native tongue or the bridge language.<br />

In 2011, it is planned to implement the Programme 2009 of the European Third-<br />

Country National Integration Fund under the General Programme of Solidarity and<br />

Management of Migration Flows, and to start the implementation of Programme 2010 where


94<br />

the already started activities will be continued and focused on special groups of third-country<br />

nationals.<br />

In order to support integration of those families in the Latvian societies that have<br />

children of school age, within the framework of Programme 2008 Activity "Development of<br />

educational programmes and materials and introduction of the same in training of adolescents –<br />

third-country nationals" the Ministry of Education and Science implemented project<br />

"Development of adaptation programmes and materials for children of third-country nationals<br />

of the age from 6 to 12 years", where an adaptation programme was prepared for children of<br />

immigrations of the age from 6 to 9 years, as well as an adaptation programme for children in<br />

the age from 10 to 12 years; work sheets for the adaptation programmes were prepared, as well<br />

as methodical guidelines for teachers, and “Identity Passports – Portfolios” were made for each<br />

age group (6-9 and 10-12 years). It is planned to develop such educational programmes for all<br />

age groups in elementary education level, including children of preschool age.<br />

2.3 Key statistics<br />

First residence permits for family reasons<br />

Number of first permits 732<br />

3 Other legal migration<br />

3.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

I(e) to strengthen mutual information on migration by improving existing instruments where<br />

necessary;<br />

Please describe any (planned) sharing and exchanging of information on migration with<br />

other Member States, through existing networks and other instruments. Note that the<br />

European Migration Portal is to be discussed under the commitment below.<br />

Competent institutions of Latvia exchange of information with related services in other<br />

Member State of the European Union by using the ad-hoc query instrument offered by the<br />

European Migration Network.<br />

I(f) Improve information on the possibilities and conditions of legal migration<br />

Please describe any (planned) measures to improve the provision of information on the<br />

possibilities and conditions of legal migration. These could include, for example,<br />

information campaigns, websites, specific centres, etc. Also refer to the European<br />

Migration Portal. Consider the effects of the economic crisis.<br />

The external homepage of the Office of Citizenship and Migration Affairs offers<br />

comprehensive information about legal migration in the country. More expansive information<br />

campaigns about legal migration have not been planned. Responsible officials plan to place<br />

updated information on the European migration portal about changes in those regulatory<br />

enactments that determine the procedure for entry of third-country nationals. In 2010, the<br />

Ministry of Justice implemented Project of Programme 2008 "Information Campaign for the<br />

Latvian Society regarding Third-Country Nationals", within the framework of which the<br />

strategy for the resident information 2011-2015 has been developed, as well as the plan for<br />

information of residents 2010. It is planned to use the said strategy as the guidelines for


95<br />

organizing next informative events in future implementation of the Multiannual Programme of<br />

the Integration Fund.<br />

3.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme are similar to the Pact objective<br />

above, hence no further information required.<br />

4 Integration<br />

4.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

I(g) Promote harmonious integration in line with the common basic principles<br />

The common basic principles may be found in the JHA Council Conclusions of 19<br />

November 2004, doc. 14615/05, 189 as well as the Commission Communication COM(2005)<br />

389. 190<br />

Please describe (planned) measures for the integration of third-country nationals,<br />

considering, for example, measures enabling immigrants to acquire a basic knowledge of<br />

the host society's language, history, and institutions, "efforts in education" "participation<br />

of immigrants in the democratic process and in the formulation of integration policies<br />

and measures, especially at the local level", access to employment and public and social<br />

services, policy development on integration, etc.<br />

On 26 March 2010, Law "Amendment to the Education Law" entered into force after<br />

adoption by Saeima on 4 March 2010. The purpose of the said Law is to ensure that every<br />

resident of Latvia has the opportunity to develop his or her mental and physical potential, in<br />

order to become an independent and a fully developed individual, a member of the democratic<br />

State and society of Latvia. It must be noted that the above-mentioned Amendment to the Law<br />

define the group of persons precisely who have the right to acquire education: citizens of<br />

Latvia; non-citizens of Latvia; citizens of the European Union, citizens of the European<br />

Economic Area or citizens of the Swiss Confederation who hold a valid residence permit in the<br />

Republic of Latvia; stateless persons who hold a valid travel document of a stateless person<br />

issued in the Republic of Latvia; citizens or stateless persons of a third country who hold a<br />

valid residence permit in the Republic of Latvia; refugees or persons who have obtained the<br />

alternative status; personas who have received temporary protection in the Republic of Latvia.<br />

A minor third-country national or stateless person who does not have the legal basis to<br />

reside in the Republic of Latvia has the right to acquire elementary education during a period<br />

stated for voluntary return, or during a period for which expulsion has been postponed, as well<br />

as during detention of him or her.<br />

In compliance with the above-mentioned Law "Amendment to the Education Law", a<br />

fee for the acquisition of elementary education and secondary education for the above-indicated<br />

persons shall be determined and paid in accordance with the same procedure as for citizens of<br />

Latvia and non-citizens of Latvia.<br />

Currently, the European Third-Country National Integration Fund is the main financial<br />

instrument for the ensuring of activities for the integration of immigrants. The Multiannual<br />

Programme of the Fund and annual programmes are developed in compliance with the<br />

189 Available from http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/82745.pdf.<br />

190 Available from http://eur-lex.europa.eu/LexUriServ/LexUriServ.douri=CELEX:52005DC0389:EN:NOT.


96<br />

Common Basic Principles for Integration and activities that are planned under such<br />

programmes are focused on the provision of language training and the improvement of access<br />

to the labour market, social services and public events. For instance, in 2010 within the<br />

framework of Programme 2008 of the Fund, 2 projects were implemented where integration<br />

and language training programmes were developed: the electronic training programme<br />

developed by joint-stock company "Datorzinību centrs", which enables a third-country<br />

national to acquire the Latvian language according to the European language level A1 and<br />

afterwards also A2, simultaneously by acquiring knowledge about the state of Latvia, its<br />

history, geography and social life, thus promoting additionally the integration of an individual<br />

in society.<br />

During the period from July 2009 to March 2010, society "The Education Development<br />

Centre" implemented project "Educational activities for improving knowledge and skills of a<br />

third-country national for successful integration in Latvia", which was co-financed by the<br />

European Fund for the Integration of Third-Country Nationals and the general purpose of<br />

which was to promote the integration of third-country nationals with various economic, social,<br />

cultural, religion, language and ethnical background in the Latvian and the European society.<br />

Specific objectives of the said project:<br />

• Develop and introduce a training programme and distance learning materials about the<br />

history of Latvia, its institutions, the social and economic system, in order to educate and to<br />

improve the skills of third-country nationals for living in the Latvian and the European society.<br />

• Based on experience gained during the project and the project results, prepare<br />

description of the project target group and recommendations for responsible and interested<br />

institutions for future training of third-country nationals and their integration in the society.<br />

I(h) Promote information exchange on best practices in terms of reception and integration<br />

Please describe any relevant activity, e.g. the development of a national website and/or<br />

forum on integration, development of information exchanges between institutions and<br />

other stakeholders within your Member State, etc. Also consider possible contributions to<br />

the European Integration Forum and the European website on Integration.<br />

In 2010, the Ministry of Justice implemented Project of Programme 2008 "Information<br />

Campaign for the Latvian Society regarding Third-Country Nationals", within the framework<br />

of which the strategy for the resident information 2011-2015 has been developed, as well as the<br />

plan for information of residents 2010, two TV and radio broadcasts in the Latvian language<br />

have been created and broadcasted, two TV and radio broadcasts in the Russian language, short<br />

movies have been made and broadcasted on television, nine publications have been made in<br />

Latvian, Russian and English in newspapers and on Internet news portals, outdoor advertising<br />

posters have been designed and placed on public stands and at public transport stops, outdoor<br />

advertisements have been placed on buses in Riga City and on intercity buses, 2,000<br />

information posters have been made and delivered for further dissemination in educational<br />

establishments thus ensuring that the attention of the teaching staff and youth is drawn to<br />

matters related to the project target audience.<br />

Within the framework of the project, the Ministry of Justice organized six interactive<br />

informative events: three of them were organized in Riga and three were organized in the<br />

largest regional cities of Latvia: Liepaja, Daugavpils and Jelgava. Target audience of the<br />

seminars were experts of the state administration, service providers, representatives of societies<br />

and foundations. The aim of the event was to inform the experts and representatives of the civic<br />

society about the main tasks of the European integration policy and the directions of its<br />

development, to introduce with issues identified during the project of the Fund, and to inform<br />

about the main aspects of integration of immigrants. In order to specify practical matters


97<br />

related to integration of immigrants and to promote a dialogue among immigrants and experts<br />

involved in the integration process, third-country nationals from various countries participated<br />

in the events: Russia, Ukraine, Georgia and Algeria. Their participation in the provision of<br />

information was an important added value to the event, which encouraged the exchange of<br />

ideas and gave an opportunity to the participants to gain broader view about the different needs<br />

of the target audience.<br />

Currently, the Ministry of Justice manages homepage www.integration.lv, which was<br />

created within the framework of a project of the Integration Fund. Information on the<br />

homepage is available in Latvian, Russian and English. Another informative Internet resource<br />

for immigrants has been created by society "Patvērums "Drošā māja", which provides key<br />

information about living in Latvia and availability of various services: http://www.patverumsdm.lv/index.phplang=lv&id=55.<br />

Information is available in Latvian, Russian, English and<br />

French.<br />

Contribution to the European Integration Forum is ensured in cooperation with nongovernmental<br />

institutions leading integration of immigrants. In compliance with the request of<br />

the European Commission, representatives of two non-governmental organizations that are<br />

leading in the field of the integration of immigrants are delegated to each meeting. The<br />

Ministry of Justice represents Latvia in the European Commission network of national<br />

integration contact points; the network has been established for better coordination of the<br />

European integration policy. Information for the integration homepage is updated by using the<br />

network of national integration contact points, as well as in cooperation with expert of society<br />

"Providus", Dace Akule, who supplements the homepage information on a regular basis about<br />

integration news in Latvia.<br />

4.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:<br />

3(b) to incorporate integration issues in a comprehensive way in all relevant policy areas<br />

Please elaborate whether and how integration issues are integrated on other national<br />

policies.<br />

The Office of Citizenship and Migration Affairs has already noted in its Policy report<br />

on Migration and Asylum in Latvia in Year 2009 that the draft framework document for the<br />

society integration policy "Main Positions of the Society Integration Policy 2010-2016” was<br />

developed. During the development of the document, by consulting experts and representatives<br />

of civic society, it was improved and updated according to the opinion obtained during<br />

consultation. Planning period stage was changed in the draft document and action fields were<br />

specified, thus the title of the document now is "Main Positions of the Society Integration<br />

Policy 2011-2017" and it sets four main fields of integration policy:<br />

1. strengthening of the national identity, including the acquisition of citizenship and promotion<br />

of civic participation;<br />

2. cross development of the cross-cultural dialogue, including the development of<br />

communication skills and competences, cross-cultural dialogue space and the state language<br />

skills;<br />

3. prevention of discrimination and promotion of tolerance;<br />

4. integration of immigrants,<br />

the implementation of which envisages the involvement of also other state administration and<br />

municipal institutions.


98<br />

The issues covered in the main positions correspond with the tasks set in the Stockholm<br />

Programme for ensuring a common space of freedom, safety and justice. The draft main<br />

positions are being prepared for the announcement by the Meeting of the State Secretaries.<br />

3(e) improved consultation with and involvement of civil society<br />

Please describe consultation processes with civil society and their involvement in<br />

integration policymaking and measures.<br />

During the development of draft document "Main Positions of the Society Integration<br />

Policy 2011-2017", its public debates were organised (from 3 August to 6 September 2010).<br />

During the debates, 180 non-governmental organisations were addressed. On 14 October 2010,<br />

public debates for the draft document were organised with 37 participants from various state<br />

institutions, governmental organisations, as well as scientists and journalists.<br />

By developing the programmes for the European Fund for the Integration of thirdcountry<br />

nationals under the General Programme of Solidarity and Management of Migration<br />

Flows for 2007-2013, consultations are held with those non-governmental institutions which<br />

work with matters of integration of immigrants, human rights, anti-discrimination and culture<br />

diversity, as well as with those organizations which work in the field of protection of interests.<br />

Proposals, objections and recommendations from such organizations are taken into account<br />

when planning activities and results of each annual programme. One of the most important<br />

instruments to promote participation in decision making process is the consultative<br />

mechanisms that are established at both national and local government levels. Currently, three<br />

national level consultation boards operate in Latvia: the Minorities Consulting Council of the<br />

President of the State, the Consultative Council of the Representatives of Minorities Non-<br />

Governmental Organizations for supervision of the implementation of the European Council<br />

Framework Convention for the Protection of National Minorities under the Ministry of Justice,<br />

and the Consultative Council of the Ministry of Education and Science in the matters of<br />

education of minorities. Wide representation of national minorities is ensured in the councils,<br />

and two councils are chaired by representatives of national minorities. Local government<br />

society integration commissions (councils) work in the local government level, and their<br />

competence includes the participation in development of the society integration programmes,<br />

promotion of civic participation, improvement of cooperation with societies of national<br />

minorities, participation in implementation of projects that promote the social integration, as<br />

well as solving of other matters related to social integration. Such consultative mechanisms<br />

currently have been created in four city local governments; there are seven various councils and<br />

commissions working in them in the field of social integration and for the matters of noncitizens.<br />

Social integration programmes have been developed in several local governments.<br />

Also, the cooperation with the civic society is formed within the framework of the<br />

council for the implementation of the cooperation memorandum of the Cabinet of Ministers<br />

and non-governmental organisations, as well as within the framework of the Civic Society<br />

Council lead by the Ministry of Justice.<br />

On 28 December, 2010 Society “Shelter “Safe House”” started an implementation of<br />

the project “I Stay in Latvia!” within the framework of the European Refugee Fund (ERF).<br />

Aim of the project is to foster the adaptation and inclusion of the refugees and persons with the<br />

alternative status in the Latvian society. The project will be implemented from December 2010<br />

till June 2011. Project “I Stay in Latvia!” is a follow-up to the project implemented in 2009<br />

“NGOs Support System to Asylum Seekers and Refugees” within the framework of the ERF<br />

and activities are directed to the continuation of integration of the target group. Within the<br />

project refugees and persons with alternative status for seven months will be provide with


99<br />

medical, psychological, material, legal and other support. It is envisaged that within the project<br />

following aims will be achieved: acquisition of accommodation for the members of the target<br />

group when they start living independently; represenatives of local authorities will be<br />

introduced with the integration of refugees in Latvia.<br />

3(f) to enhance democratic values and social cohesion in relation to immigration and<br />

integration of immigrants and to promote intercultural dialogue and contacts<br />

Please describe any measures taken in this regard. For example, indicate whether these<br />

are included in integration courses and programmes, whether specific activities, e.g.<br />

events, have been organised, etc.<br />

By planning the activities for the programmes 2007-2013 of the European Fund for the<br />

Integration of third-country nationals under the General Programme of Solidarity and<br />

Management of Migration Flows, events are planned that promote the civic participation of<br />

third-country nationals, as well as events that promote the development of cross-cultural<br />

dialogue. By implementing the programmes 2007-2013 of the said Fund, several training<br />

materials and programmes were development in the matters of management of diversity and<br />

cross-cultural competence – society "Izglītības attīstības centrs" implemented project<br />

"Improvement of professional competence of teachers in cross-cultural education", within the<br />

framework of which a training programme for teachers was developed; society "Sabiedriskās<br />

politikas centrs "Providus"" implemented project "Teachers acquire the cross-cultural skills",<br />

within the framework of which educational content for teachers was developed; joint-stock<br />

company "Datorzinību centrs" developed training programmes for teachers "Cross-cultural<br />

communication and its specifics in the field of education” and "Knowledge transfer<br />

methodology and the multiplier working methods", as well as training programme for<br />

increasing the competence of service providers to third-country nationals: module "Crosscultural<br />

competence for building of dialogue in work with third-country nationals", which was<br />

developed also as an e-training course; the International Organization for Migration<br />

implemented project "Security and tolerance: preconditions for successful integration of<br />

immigrants in Latvia" and developed a training material for employees of law enforcement<br />

institutions regarding prevention, combating of racism and intolerance, and promotion of<br />

tolerance towards third-country national; society "The Latvian Centre for Human Rights"<br />

implemented project "Different client in the diverse Latvia, set of training courses" where parts<br />

of the training courses were prepared: "Introduction to diversity of cultures", "Introduction:<br />

what is discrimination", "Diversity management", "Positive action", "Analysis of best<br />

practices in the EU and Latvia" and methodological guidelines of the 5 said courses and<br />

handouts were prepared, same as material "Different clients in the diverse Latvia" for<br />

employees of institutions that provide services to third-country nationals; the Latvian Language<br />

Agency implemented project "Teachers in the cross-cultural space" as a result of which the<br />

educational programme was developed and training methodological material "Teachers in the<br />

cross-cultural space" was published in the end.<br />

4.3 Key statistics 191<br />

Long-term third-country national residents<br />

Number of long-term third-county<br />

national residents 270<br />

191 Estimate data provided by officials of the Office of Citizenship and Migration Affairs.


100<br />

Acquisition of citizenship<br />

Number of third-county national nationals<br />

(Citizens of countries other than of EU-27,<br />

EFTA and Candidate countries) taking up<br />

citizenship<br />

75<br />

ILLEGAL IMMIGRATI<strong>ON</strong> <strong>AND</strong> RETURN<br />

5 Illegal Immigration<br />

5.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

II(a) only case-by-case regularisation<br />

Please indicate whether any regularisation took place and how in your Member State<br />

legal status was given to illegally staying third-country nationals. Also provide<br />

information on trends with respect to the number of persons regularised.<br />

Massive legalization of illegal immigrants has not been performed in Latvia. Competent<br />

institutions of Latvia constantly assess individual circumstances of each person and make a<br />

decision whether the person is entitled or is not entitled to receive a relevant status in the<br />

country.<br />

By taking into account personal, social and economic ties of a person with the country<br />

of residence, the institution and court promotes the protection of individual rights and legal<br />

interests within the framework of applicable laws.<br />

II(c) ensure that risks of irregular migration are prevented<br />

Please describe your Member State’s policy concerning preventing irregular migration.<br />

Note that information on other relevant measures, such as border control are to be<br />

provided in the later sections of this report (see Sections 9 and 10).<br />

To facilitate the prevention of illegal immigration, the State Border Guard actively<br />

cooperates with countries of origin and transit of illegal immigrants.<br />

Officials of the State Border Guard and the Office of Citizenship and Migration Affairs<br />

participated in experience exchange activities organised by Riga Office of the International<br />

Organization for Migration in 2010 in Austria, Georgia and Armenia.<br />

The State Border Guard, in cooperation with representatives of the border guard of the<br />

Republic of Estonia performs joint patrol on the internal borders, as well as in the<br />

administrative territories of the Latvian and Estonian frontier.<br />

In 2010, the State Border Guard continued active work for development of new draft<br />

agreements and protocols in order to promote the return of illegal immigrants in the country of<br />

origin, namely, draft readmission agreements and fulfilment protocols with the Republic of<br />

Kazakhstan and the Republic of Kosovo, which have been sent for agreement. Draft protocols<br />

have been developed for the fulfilment of the readmission agreements signed by the European<br />

Community the Former Yugoslav Republic of Macedonia and Bosnia and Herzegovina.<br />

Fulfilment protocol has been signed between the Republic of Latvia and Moldova for<br />

readmission agreements signed by the European Community.<br />

The State Border Guard initiated the Amendment to the Immigration Law and it was<br />

made, with the aim to reduce misuse of residence permits and opportunities to receive a visa.


101<br />

The State Border Guard as the responsible institution for the adoption of Directive<br />

2008/115/EC of the European Parliament and of the Council of 16 December 2008 (henceforth<br />

– Directive 2008/115/EC) on common standards and procedures in Member States for<br />

returning illegally staying third-country nationals, has prepared draft law "Amendment to the<br />

Immigration Law" and continues its work in development of subordinated Cabinet of Ministers<br />

regulations.<br />

II(d) to develop cooperation between Member States, using, on a voluntary basis and where<br />

necessary, common arrangements to ensure the expulsion of illegal immigrants<br />

Please describe cooperation with other Member States, with regard to the expulsion of<br />

persons found to be staying illegally on the territory, including biometric identification of<br />

illegal entrants, joint expulsion measures (e.g. flights), etc.<br />

In 2010, the State Border Guard has not signed an agreement with any of Member<br />

States of the European Union on cooperation in the field of return of illegal immigrants. The<br />

State Border Guard, in cooperation with Member States of the European Union in 2010, has<br />

participated in two activities, in order to provide assistance to institutions of Member States of<br />

the European Union in the Mediterranean region in identification and expulsion of illegal<br />

immigrants. In 2010, the State Border Guard has not participated in joint activities of return.<br />

II(g) take rigorous actions and penalties against those who exploit illegal immigrants<br />

Please describe the transposition and operational execution (e.g. prosecution of employers<br />

hiring persons illegally staying in your Member State) of the “Employer Sanctions<br />

Directive," as well as other relevant actions and developments.<br />

Currently, Paragraph eight of Section 37 of the Labour Law transposes Clause 1 of<br />

Article 3 of Directive 2009/52/EC of the European Parliament and of the Councils of 18 June<br />

2009 providing for minimum standards on sanctions and measures against employers of<br />

illegally staying third-country nationals (henceforth – Directive 2009/52/EC). However, cases<br />

in relation to employment of a third-country national without a required work permit are<br />

initiated on the basis of violations to Paragraph one of Section 9 of the Immigration Law 9 and<br />

Article 7 of Cabinet of Ministers Regulation No.44 of 20 January 2004 "Regulations regarding<br />

Work Permits for Third-Country Nationals". The liability for such offences is determined in<br />

Paragraph two of Section 189 of the Latvian Administrative Violations Code (Judgement of the<br />

Administrative Regional Court of 20 May 2010 in case No.A42717408; Judgement of the<br />

Administrative Regional Court of 21 October 2009 in case No.A42519507). it should be noted<br />

that new Cabinet of Ministers Regulation No.553 of 21 June 2010 "Regulations Regarding<br />

Work Permits for Third-country Nationals" entered into force from 1 July 2010.<br />

In order to fully transpose the requirements of Directive 2009/52/EC, draft law<br />

"Amendment to the Labour Law", draft law "Amendment to the Criminal Law" and draft law<br />

"Amendment to the Associations and Foundations Law" have been developed. The abovementioned<br />

draft laws were submitted and announced at the Meeting of the State Secretaries on<br />

28 October 2010. In compliance with protocol decision No. 42 of the meeting of the State<br />

Secretaries of 28 October 2010, the Ministry of Welfare has been assigned the task of<br />

coordination of the draft law s and their executive summaries and of submission of coordinated<br />

drafts to the State Chancellery. By adopting the requirements of Directive 2009/52/EC, it is<br />

suggested to supplement the Labour Law with the obligation to an employer to request a thirdcountry<br />

national, prior to starting the job, to present a valid visa or residence permit, as well as<br />

a valid work permit, if necessary. An employer will also need to ensure storage of such<br />

documents during the whole period of employment of a third-country national and presentation


102<br />

of the documents upon a request of supervision and control institutions. Also, it is planned to<br />

provide in the Labour Law that the payment of unpaid salary of an illegally entered thirdcountry<br />

national is the responsibility not only of his or her direct employer, but also a general<br />

contractor, if he or she has fully or partially delivered the fulfilment of initial contractual<br />

obligations to the employer. Changes also in other laws are planned in related to the<br />

amendments to the Labour Law. The prepared amendment to the Latvian Administrative<br />

Violations Code envisages an administrative fine to employers for employment of illegally<br />

staying third-country nationals. The amount of a fine for natural persons is planned in the<br />

amount of 150-350 lats, for legal entities 750-3,000 lats. A fine is envisaged for employment of<br />

more than five such persons for natural persons in the amount of 350-500 lats, for legal entities<br />

3,000-10,000 lats. The Amendment to the Criminal Law provides, in specific cases, criminal<br />

liability of an employer for employment of third-country nationals who have entered the state<br />

illegally. It is planned to apply it if a minor is employed, if people have been employed in<br />

particularly exploiting work conditions, or if a victim of human trafficking has been employed<br />

intentionally. Punishment to an employer for such offences is arrest, forced labour or a fine in<br />

the amount of up to 200 minimum monthly wages.<br />

Under the influence of the economic processes, the risk of employing or exploitation of<br />

illegal immigrants in Latvia in 2010 was low. In its Declaration of November 2010 regarding<br />

the planned activities of the [second] Cabinet of Ministers led by Valdis Dombrovskis, in the<br />

field of internal security for development and growth of the State of Latvia, the Government<br />

has undertaken to strictly control immigration from third countries, reduce illegal immigration<br />

by acting against persons who provide work and place of residence for illegal immigrant, as<br />

well as by improving the mechanism of detection, registration and expelling of illegal<br />

immigrants. By taking into account the content of the Declaration and the EU directives,<br />

several amendments to regulatory enactments have been elaborated in order to encourage<br />

people to refrain from illegal activities in relation to illegal immigrants.<br />

In 2010, the State Border Guard, in compliance with Section 189 of the Latvian<br />

Administrative Violations Code for employment without a passport or work permit, called<br />

employers to account in 22 cases.<br />

In 2010 3 case have been initiated under Section 154.1 of the Criminal Law in Latvia<br />

for exploitation of labour force, and now are in criminal proceedings. Punishment is envisaged<br />

for the said offence depending on qualification: deprivation of liberty for a period of three to<br />

fifteen years with or without seizure of property.<br />

II(h) an Expulsion Decision taken by one Member State (MS) should be applicable throughout<br />

the EU and entered into the SIS obliging other MSs to prevent the person concerned from<br />

entering or residing<br />

Please describe any relevant developments with regard to expulsion decisions and the<br />

principle of mutual recognition of these decisions.<br />

Latvia is rarely used as a transit country for fulfilment of a return decision or<br />

deportation order which has been passed by another Member State of the European Union, thus<br />

the State Border Guard has rare cases when it has to recognise in practice a return decision or<br />

order issued in another Member State of the European Union.<br />

5.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:


103<br />

4(j) more effective action against illegal immigration and trafficking in human beings and<br />

smuggling of persons by developing information on migration routes as well as aggregate and<br />

comprehensive information which improves our understanding of and response to migratory<br />

flows<br />

Please describe information collection activities undertaken in your Member State to<br />

identify migration routes, patterns and other relevant factors relevant to illegal<br />

immigration.<br />

The State Border Guard, illegal migration routes and trends are identified by the<br />

Analytical Division of the Service Organization Department, Central Board of the State Border<br />

Guard where the information is summarised which has been received from structural units of<br />

the State Border Guards and communication officers, as well as information available on<br />

FR<strong>ON</strong>TEX agency’s common information system (IC<strong>ON</strong>ET). After the information is<br />

summaries and analysis made, tactical warnings are prepared and sent to structural units of the<br />

State Border Guard. Information is also placed on the common information system of the State<br />

Border Guard where it is available for relevant services.<br />

4(k) increased targeted training and equipment support<br />

Please describe any training measures and equipment support to combat irregular<br />

immigration which are not linked to border control (which is discussed in section 9<br />

below).<br />

In 2010, the staff of the State Border Guard received the following training:<br />

• 2 border guards acquire the speciality of legal experts for technical investigation of<br />

documents;<br />

• 6 border guards acquired the qualification improvement programme "Training for<br />

service and technical staff of sea video surveillance systems";<br />

• 100 border guards acquired the qualification improvement programme "Operator of the<br />

automated fingerprint identification system "AFIS"";<br />

• 9 border guards acquired the qualification improvement programme "Sea border<br />

module";<br />

• 120 border guards acquired the qualification improvement programme "Counterfeit<br />

documents";<br />

• 30 border guards acquired the qualification improvement programme for the 2nd level<br />

specialists of document investigation "Counterfeit documents";<br />

• English language training was given to 4 cynologists of the State Border Guard, as well<br />

as general preparation before in-service training in Finland on the EU external border (project<br />

No.2010-1-LV1-LEO 02-00747);<br />

• 39 border guards were trained in examination of par biometric travel documents (within<br />

the framework of project ĀRF/2008/4 of Programme 2008 of the External Border Fund, the<br />

Office of Citizenship and Migration Affairs, the Ministry of Interior);<br />

• 54 border guards were trained before their participation in joint operations of<br />

FR<strong>ON</strong>TEX Agency;<br />

• 75 border guards acquired the qualification improvement programme "Detection of<br />

footprint and further action with such prints”;<br />

• 45 border guards graduated the College of the State Border Guard and acquired the<br />

fourth level of professional qualification as well as qualification "Junior officer of the State<br />

Border Guard";


104<br />

• 99 border guards graduated the School of Border Guards in the College of the State<br />

Border Guard and acquired the third level of professional qualification as well as qualification<br />

"State border inspector";<br />

• 33 border guards improved their English language skills in the Language School of the<br />

National Armed Forces;<br />

• 40 officials of the State Border Guard improved their qualification regarding best<br />

practices in EU Member States in identification and learnt about best practices of a detained<br />

asylum seekers’ centre.<br />

• 2 officials of the State Border Guard were trained in special courses for dactyloscopy<br />

experts.<br />

In 2010 for the purpose of ensuring the events related to the NATO General Assembly<br />

session in Riga, the State Border Guard purchase additionally to the technical equipment in<br />

disposal of the State Border Guard: passport readers, computers, software for REIS mobile<br />

application and REIS software which enables the examination of lists of flight passengers.<br />

4(l) a coordinated approach by Member States by developing the network of liaison officers in<br />

countries of origin and transit.<br />

Please describe recent or planned developments with regard to your Member State’s<br />

liaison officers in countries of origin and transit.<br />

For cooperation with countries of origin and transit of immigrants, the State Border<br />

Guard has sent, by presenting the interest of Latvia, Lithuania and Estonia, communication<br />

officers in the matters of immigration to Georgia, Belarus and Russia, a communication officer<br />

(airline coordinator) and a communication officer (document consultant) to Georgia. The State<br />

Border Guard plans to continue the activities in the said third countries also in 2011. The State<br />

Border Guard does not plan any changes in the field of operation of its communication officers.<br />

5.3 Key statistics<br />

Third-country nationals apprehended<br />

Third-country<br />

nationals<br />

apprehended 192 187<br />

Third-country nationals regularised<br />

Third-country nationals regularised -<br />

6 Return<br />

6.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

II(b) To conclude readmission agreements at EU or bilateral level<br />

Please list the number of bilateral agreements negotiated and achieved during the<br />

reference period, specifying their purpose and with which third country. Also list the EU<br />

192 Third-country nationals who were detained in 2010, pursuant to Section 51 of the Immigration Law.<br />

Information provided by officials of the State Border Guard.


105<br />

readmission agreements in which your Member State took part during the reference<br />

period. You could use the following table:<br />

Type of readmission<br />

agreement<br />

(EU or bilateral)<br />

European Union’s<br />

readmission agreement<br />

Third countries involved Main purpose of the<br />

agreement<br />

Georgia<br />

In 2010, the Republic of Latvia has signed readmission protocols for fulfilment of<br />

agreements with the Russian Federation and the Republic of Moldova. The Commission of the<br />

European Union was informed about the conclusion of the readmission protocols with the said<br />

countries.<br />

Currently, bilateral readmission agreements are being drafted with the following<br />

countries: Azerbaijan, Kosovo and Colombia.<br />

By taking into account that agreements of the European Community with third countries<br />

provide signature of readmission protocols for the fulfilment of the bilateral agreements from<br />

the Member States, the Republic of Latvia has draft protocols for the fulfilment of the<br />

readmission agreement with the following third countries in the coordination process:<br />

3) The Former Yugoslav Republic of Macedonia;<br />

4) Bosnia and Herzegovina<br />

Please only provide information on readmission agreements. Information on other<br />

agreements with third countries will need to be added in other sections of the report (e.g.<br />

Sections 8 and 13).<br />

II(f) To devise incentive systems to assist voluntary return and to keep each other informed<br />

Please describe (planned) measures to promote voluntary return, assistance provided in<br />

voluntary return, provision of information to other Member States on person returned.<br />

Draft law "Amendment to the Immigration Law", which was announced by the Meeting of<br />

the State Secretaries on 27 May 2010, stipulates new rules to improve the standards and<br />

procedures in the Republic of Latvia in relation to return of third-country nationals. The said<br />

draft law includes amendments giving an opportunity to a third-country national to cancel a<br />

deportation order, if he or she will apply for the voluntary return programme. By introducing<br />

the amendment to the Law, the conditions of the Latvian migration policy will be considerably<br />

more favourable for promotion of voluntary return of third-country nationals.<br />

In 2010, Riga Office of the International Organization for Migration, within the framework<br />

of project "Preparation of the Return and Reintegration System in Latvia", has helped 40 illegal<br />

immigrants to use the voluntary return programme. Riga Office of the International<br />

Organization for Migration will continue to promote return of illegal immigrants to their<br />

countries of origin by using the support from the European Return Fund. Within the framework<br />

of the voluntary return programme, travel costs of an illegal immigrant’s return to the country<br />

of origin are paid and reintegration assistance is provided.<br />

The State Border Guard exchanges information regarding expelled persons with<br />

FR<strong>ON</strong>TEX agency in report form.


106<br />

6.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:<br />

4(c) ensuring that the objective of the EU’s efforts on readmission should add value and<br />

increase the efficiency of return policies, including existing bilateral agreements and practices<br />

Please describe how the bilateral and EU readmission agreements are contributing to the<br />

implementation of your Member State’s return policy.<br />

Readmission agreements between the Republic of Latvia and the European Union make<br />

contribution to successful fulfilment of return of illegal immigrants, by enabling efficient and<br />

targeted implementation of return activities. Implementation of the said agreements gives an<br />

opportunity for a third country to study a number of its nationals who have been returned by<br />

forced return from the Republic of Latvia for offences related to illegal residence.<br />

4(e) assistance by the Commission and Frontex and Member States on a voluntary basis, to<br />

Member States which face specific and disproportionate pressures, in order to ensure the<br />

effectiveness of their return policies towards certain third states<br />

Please describe whether your Member State has benefited from / has provided any return<br />

support in case of specific and disproportionate pressures in your / in another Member<br />

State. Note that joint return flights are to be discussed under the following commitment.<br />

4(f) increased practical cooperation between Member States, for instance by regular<br />

chartering of joint return flights<br />

Please describe practical cooperation with other Member States in the area of return,<br />

such as the organisation of joint return flights, the preparation of travel documents, etc.<br />

Please see the reply in Section 5.1. Illegal immigration IId.<br />

6.3 Key statistics<br />

Third-country nationals ordered to leave and returned<br />

Ordered to<br />

leave<br />

Returned<br />

following an<br />

order to leave<br />

Returned as part<br />

of forced return<br />

measures<br />

Returned through an<br />

Assisted Return<br />

Programme<br />

Third-country<br />

nationals 193 209 195 94 16 194<br />

7 Actions against human trafficking<br />

193 Data summarised on 12 months of 2010.<br />

194 Data provided by IOM Riga Office


107<br />

7.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

II(e) cooperation with the countries of origin and of transit, in particular to combat human<br />

trafficking and to provide better information to communities under threat<br />

Please describe any (planned) actions at national level to fight human trafficking and<br />

incorporation of third countries within them, awareness raising actions in third countries<br />

addressing communities at risk, etc. Please only refer to cooperation with regard to<br />

combating human trafficking. Information on other types of cooperation will need to be<br />

provided in other sections of the report (e.g. Sections 10 and 13).<br />

Until now, Latvia has signed cooperation agreements for the cooperation in fight against<br />

terrorism, organized crime and illegal trafficking of narcotic drugs, psychotropic substances and<br />

precursors and other criminal offences, within the framework of which cooperation is envisaged<br />

also in fight against human trafficking with Uzbekistan, Moldova, Azerbaijan, Belarus,<br />

Armenia. Within the framework of the said agreements, information and data exchange is made,<br />

mutual operational activities are performed, as well as exchange of experience, consultations in<br />

the field of development of regulatory enactments, exchange of experience in the field of<br />

training or personnel.<br />

In 2010, two meetings of cross-border cooperation in the field of prevention of human<br />

trafficking were organized with, so far, the only country of origin of human trafficking victims<br />

as third-country national: competent officials of Belarus.<br />

On 10 June 2010, employees of the Human Trafficking Prevention Division of the<br />

Organised Crime Combating Department, the Chief Criminal Police Board of the State Police<br />

and the State Border Guard participated in the seminar which was organised in Vitebsk, Belarus<br />

"Cooperation of law enforcement institutions, international and non-governmental organizations<br />

in prevention of human trafficking". Within the framework of the seminar, meetings were held<br />

with the head of the criminal militia of the Narcotic Drugs and Human Trafficking Combating<br />

Department, the Ministry of Internal Affairs of Belarus. During the meeting with responsible<br />

officials, future course of mutual cooperation was discussed, as well as combating of human<br />

trafficking in the period from the end of 2007 till 2009, the results of successfully completed<br />

cross-border investigation against a group of Latvian and Belarusian citizens who organized<br />

delivery of young women for voluntary prostitution to Riga for several years.<br />

In 2007-2009, a network of human trafficking and soutenerism was stopped as a result of<br />

the cross-border investigation which was made successfully in both countries, and the organizers<br />

of the said network have been convicted.<br />

Participation in the international conference “Combating of Human Trafficking: New<br />

Challenges and Treats", which was organized by the International Organization for Migration,<br />

the Ministry of Internal Affairs of the Republic of Belarus, the International Development<br />

Cooperation Agency of Sweden and the Swedish Institute, and was held on 15 October 2010 in<br />

Belarus, Minsk. Chairperson of the Board of society of Latvian governmental organisations<br />

"Asylum "Drošā māja"", S.Zalcmane, participated in the Conference with a presentation and<br />

mentioned as one of the most important problems the combating of fictitious marriages of<br />

citizens of Latvia as a new form in human trafficking, through cooperation of the state police,<br />

non-governmental institutions, the Ministry of Foreign Affairs and the police of a destination<br />

country. Latvia is still deemed as the country of origin of victims from human trafficking, and<br />

there is no basis to declare that Latvia has become a transit and/or destination country of human<br />

trafficking victims. In 2010, no cases of human trafficking transit has been detected in Latvia,<br />

same as cases of human trafficking according to the understanding of the Protocol to prevent,


108<br />

suppress and punish trafficking in persons, especially women and children, supplementing the<br />

United Nations Convention against Transnational Organized Crime, to Latvia or in the country.<br />

Internet site www.cilvektirdznieciba.lv (www.trafficking.lv) is an informative space<br />

where the public can access quality information, also in English and Russian, regarding all<br />

matters related to human trafficking; it is a public tool for ensuring mutual communication<br />

among institutions of the state administration and the society.<br />

During conference "Combating of Human Trafficking: New Challenges and Treats", which was<br />

organised by “Patvērums “Drošā māja”, Latvian non-governmental organisations established<br />

contacts with similar organizations, discussed various practical cooperation issues, and,<br />

possibly, non-governmental organisations of „Patvērums “Drošā māja”” will have an<br />

opportunity to participate in preventive activities in Belarus and in other countries.<br />

The Ministry of Interior, at the meeting of State Secretaries on 17 June 2010, submitted a<br />

draft agreement regarding the cooperation of the Republic of Latvia and the Republic of<br />

Portugal for fight against transnational organized crime. It is envisaged that the agreement will<br />

provide the legal framework for the cooperation of the countries in fight against transnational<br />

organized crime in compliance with relevant regulatory enactments.<br />

Cooperation between the agreement parties in relation to combating illicit trafficking in<br />

narcotic drugs and psychotropic substances includes exchange of information about location and<br />

identification of persons or objects related to transnational organized crime, as well as exchange<br />

of information about human trafficking, sexual abuse of women and minors, illegal migration or<br />

illicit trafficking of stolen vehicles, money laundering or illegal legalization of other means or<br />

products, or illicit trafficking in weapons, munitions and explosives or nuclear weapons.<br />

The cooperation agreement will enable practical development of the cooperation<br />

between the two countries and will provide direct communication among competent law<br />

enforcement institutions of the both parties, in order the information exchange about planned or<br />

committed criminal offences would be fast.<br />

In 2010, structural units of the State Border Guard have not cooperated with countries of<br />

origin and transit of third-country nationals in the field of combating of human trafficking.<br />

7.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm are similar to the Pact commitments; hence<br />

no further description is required.<br />

7.3 Key statistics<br />

Third-country nationals receiving a residence permit as victims of human trafficking<br />

Third-country nationals 0<br />

Traffickers arrested and convicted<br />

Arrested / otherwise involved<br />

in a criminal proceeding Convicted<br />

Traffickers 38 195 21 196<br />

195 In 2010, 3 persons were detained under Section 154¹ of the Criminal Law (human trafficking) who later<br />

admitted as suspects, and one person additionally was admitted as suspect. 25 persons were detained under Section<br />

165¹ of the Criminal Law (sending a person for sexual exploitation).<br />

196 By November 2010, 2 persons have been convicted under Section 154¹ of the Criminal Law (human<br />

trafficking) and 14 persons have been convicted under Section 165¹ of the Criminal Law (sending a person for<br />

sexual exploitation).


109<br />

BORDER C<strong>ON</strong>TROL<br />

8 Control and surveillance at external borders<br />

8.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

III(a) more effective control of the external land, sea and air borders:<br />

Please describe any relevant (planned) developments to ensure more effective control,<br />

such as reinforcing border control staff, providing training, increasing overall resources.<br />

Note that technological means are to be described under the Pact commitment below.<br />

In 2010, the structural units of the State Border Guard participated in:<br />

• international operation “Quiet Sea 2010". Purpose of the operation: examinations for<br />

vessels that are admitted as suspects for carrying of smuggled goods and narcotic drugs;<br />

• Operational – tactical training organised by the State Border Guard "R<strong>ON</strong>IS 2010".<br />

Purpose of the training: examination of the readiness of crew change of the State Border Guard<br />

ship vessels at the base location and at sea (exercise of examination of the readiness of ship<br />

vessel K-3), as well as improvement of the cooperation quality with cooperation structural<br />

units, namely, detection of violators of ship and speed boats by the use of the Sea Video<br />

Surveillance System, mobile surveillance kit and radar system, pursuance and detention of a<br />

suspicious vessel, examination of a vessel and a speedboat at sea, delivery of a detained vessel<br />

to port, people search and rescue activities, transportation of a victim to hospital, application of<br />

procedural measures to detained persons and detained vessels;<br />

• Tactical trainings organized by the State Border Guard on land external borders.<br />

Purpose of the training: improve the methodology for detection and detaining of trespassers<br />

and illegal immigrants, methods and mutual cooperation among the structural units of the State<br />

Border Guard, as well as improve the cooperation between the territorial administration of the<br />

State Border Guard and the Aviation Administration of the State Border Guard;<br />

• international operation on the Latvian – Russian and Latvian – Belarusian borders<br />

"UNITY".<br />

Funds for protection of the state borders in 2010 were reduced in proportion to the<br />

decreased budget totally allocated to the State Border Guard.<br />

III(e) deploy modern technological means for border control:<br />

Please describe any new technological equipment purchased and used during the<br />

reference period, including IT systems, surveillance equipment, automated border<br />

controls and fast track lanes, etc. If possible, also make reference to any developments<br />

relevant to the EU entry / exit system, the EU Registered Traveller Programme, the<br />

Schengen Information System (SIS II) and European Border Surveillance System.<br />

In 2010, new border control technological means were not purchase By taking into<br />

account the scopes of the European Border Surveillance Systems (EUROSUR and<br />

MARSUNO), the existing systems will be improved in the future that will be used in the sea<br />

border surveillance and in specific cases they will be integrated within a common information<br />

network. By introducing the European Union entry/return and the European Union registered<br />

travellers’ system, it will be necessary to ensure the link to the national border crossing system.<br />

8.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)


110<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:<br />

7(i) invites the Member States and the Commission to explore how the different types of checks<br />

carried out at the external border can be better coordinated, integrated and rationalised with a<br />

view to the twin objective of facilitating access and improving security.<br />

Please describe any relevant (planned) actions taken to better coordinate different types<br />

of border checks (e.g. automated and non-automated, fast-track and non fast-track) at<br />

the external borders.<br />

The State Border Guard participates in working parties organized by FR<strong>ON</strong>TEX which<br />

discuss matters of the introduction of the Automated Border Control System in their countries,<br />

as well as the use other technologies for the improvement of border examination process. The<br />

State Border Guard has included in its plans for development the possibility to implement the<br />

introduction of the Automated Border Control System in cooperation with Riga Airport, as well<br />

as development of other technologies in 2014.<br />

Besides, by using the External Border Fund financing, the State Border Guard plans to<br />

carry out the following activities in 2011–2013:<br />

1) development of the existing "green" border control system UNIFORM of the State<br />

Border Guard;<br />

2) equipping of Schengen vans with technical means;<br />

3) renewal of vehicles used in border surveillance and border examinations;<br />

4) improvement of the border technical protection, control and information system by<br />

purchasing infrared, magnetic and seismic sensors;<br />

5) purchase of equipment and inventory for officials of the State Border Guard.<br />

8.3 Key statistics<br />

Third-country nationals refused entry<br />

Third-country<br />

refused entry<br />

nationals<br />

Total<br />

refused<br />

Refused<br />

the<br />

border<br />

at<br />

land<br />

Refused at the<br />

sea border<br />

Refused at the<br />

air border<br />

880 465 30 385<br />

Visas issued<br />

Total Visas Schengen Visas National Visas<br />

Visas 141 887 139 770 2117<br />

9 Cooperation with respect to border control<br />

9.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

III(b) generalise the issue of biometric visas, improve cooperation between MSs' consulates<br />

and set up joint consular services for visas:


111<br />

Please describe (planned) developments in relation to biometric visas, for example the<br />

share of visas issued which are biometric, regions covered, pilot measures and testing, etc,<br />

also referring to the Visa Information System (VIS).<br />

With regard to cooperation between Member State consular services and the set up of<br />

joint consular services for visas, please describe any relevant progress in this area, for<br />

example listing the visa representation agreements signed and the Member States<br />

involved (please specify whether you Member State represents these Member States or<br />

vice versa.<br />

By the introduction of the Central Visa Information System (henceforth – CVIS), the<br />

Ministry of Foreign Affairs is planning to start taking the biometric data of visa applicants in<br />

compliance with the regions specified by the European Commission – VIS Roll-out. In<br />

compliance with VIS Roll-out, by introducing the CVIS, it will be necessary to start the taking<br />

of biometric data of visa applicants in the region of Northern Africa where the embassy of the<br />

Republic of Latvia in Egypt is situated. In the next stage, the taking of biometric data of visa<br />

applicants will be started in the Middle East region where embassy of the Republic of Latvia in<br />

Israel is situated. The said embassies have purchased equipment for taking fingerprints of visa<br />

applicants and, as soon as the Ministry of Foreign Affairs receives the software applicant from<br />

the Office of Citizenship and Migration Affairs required for linking the biometric data<br />

equipment with the National Visa Information System (NVIS), as well as required training to<br />

use the equipment in practice, the biometric data taking equipment will be tested.<br />

In 2010, the Office of Citizenship and Migration Affairs worked for the successful<br />

implementation of project "Development of the national VIS by ensuring the compliance of it<br />

with the final technical documentation of the European Commission and provision of required<br />

training to the users of the system" under the External Border Fund Programme 2009. In 2010,<br />

within the framework of the project, an agreement was signed on the improvement of the<br />

National Visa Information System, VisMail and Vision functionality; the first tests were made<br />

with other Member States for testing the software. It is planned to develop a pilot project of an<br />

e-questionnaire until the end of April 2011, and it is planned to start training in 2011 for<br />

practical work with the Central Visa Information System and the National Visa Information<br />

System in order to acquire the visa issuance process.<br />

On 12 November 2010, the Office of Citizenship and Migration Affairs signed an<br />

agreement with joint-stock company "RIX Technologies" regarding development of a new<br />

electronic service: electronic application for a Schengen visa, in order to ease the work of<br />

consular missions. It is planned to test the service in a pilot project in June 2011, the other<br />

signed agreement provides the development of a new system of invitations with completion<br />

date June 2011.<br />

On 25 November 2010, the Office of Citizenship and Migration Affairs announced a<br />

procurement tender for the modernization of the National Visa Information System, in order to<br />

purchase necessary equipment within the framework of the project and to start using the<br />

equipment, according to the provisions of the Visa Code, necessary for taking biometric data<br />

and reading of electronic travel documents.<br />

Latvia as the Member State of the European Union and Schengen Agreement continues<br />

its active participation in the cooperation for consular matters among the Member States of the<br />

European Union and Schengen Agreement. Same as in the previous years, missions of the<br />

Republic of Latvia abroad and particularly missions of Latvia situated outside the Schengen<br />

area are increasingly focusing on the participation of responsible officials in local Schengen<br />

cooperation meetings. Due to the local Schengen cooperation, missions of Latvia and other<br />

Schengen Member States can not only exchange information quickly and detect those visa


112<br />

applicants who submit visa applications without good fate, but also make decisions more<br />

actively on what should be done to harmonize the reviewing of visa application in compliance<br />

with the Schengen acquis.<br />

In 2010, the Ministry of Foreign Affairs continued its work with other Schengen<br />

Member States in order to agree on the possibilities of representation in countries where Latvia<br />

does not have its diplomatic or consular mission, as well as consider the possibilities to<br />

represent another Schengen Member State in the field of visas. As a result, in the field of visas<br />

Latvia is represented by 7 Schengen Member States (Germany, Hungary, France, the<br />

Netherlands, Slovenia, Slovakia, Lithuania and Estonia), which represent Latvia in 53 different<br />

locations worldwide. But Latvia currently represents 7 Schengen Member States in the field of<br />

Schengen visas (Hungary, France, the Netherlands, Slovenia, Lithuania, Estonia and Sweden)<br />

in totally 8 locations worldwide. Latvia has developed good cooperation with other Member<br />

States to the Schengen Agreement, thus the Ministry of Foreign Affairs plans also in 2011 to<br />

continue and to expand the started cooperation with Member States to the Schengen Agreement<br />

in the field of representation of Schengen visas.<br />

By taking into account that a large number of citizens of Ukraine reside and enter<br />

Latvia from various regions of Ukraine, it is important to facilitate the procedure for<br />

submission of visa applications by making it more accessible, therefore Latvia as the first<br />

among the Schengen Member States decided to provide an opportunity to citizens of Ukraine to<br />

submit an visa application in all the regions of Ukraine. In order to implement this activity, the<br />

Latvian Embassy in Ukraine has started cooperation, from 1 December 2010, with courier mail<br />

service Pony Express. Further, citizens of Ukraine will have an opportunity to send visa<br />

application documents to the Latvian Embassy in Ukraine by using the branches of courier mail<br />

service Pony Express in Dnepropetrovsk, Donetsk, Lvov, Odessa, Kharkov and Simferopol.<br />

Service fee to Pony Express will equal to EUR 30 (approximately LVL 21).<br />

However, also in the future citizens of Ukraine will have the right to visit the Latvian<br />

Embassy in Ukraine in Kiev for receiving a visa. Thus, visa applicants will have an opportunity<br />

to choose: submit visa applications to the Embassy or via regional branches of courier mail<br />

service Pony Express.<br />

The Ministry of Foreign Affairs informs that this is the first project of this type<br />

implemented in Ukraine. Until now, none of the Member States to the Schengen Agreement<br />

has provided opportunities to submit a visa application in all the regions of Ukraine. Following<br />

the initiative of Latvia, the project is simultaneously implemented also by Estonia. The<br />

Ministry of Foreign Affairs is confident that the implementation of this project will provide the<br />

necessary conditions for residents of remote regions of Ukraine to enjoy more convenient and<br />

accessible procedure for submission of visa applications, easier travel and facilitated personal<br />

and business contacts.<br />

III(d) solidarity with MS subjected to disproportionate influxes of immigrants<br />

Please describe whether your Member State has benefited from / has provided any<br />

support with regard to border control in case of specific and disproportionate pressures<br />

in your / in another Member State. Also provide information on your Member State’s<br />

relevant participation in FR<strong>ON</strong>TEX, by type of activity (e.g. joint operations). Note that<br />

information on other forms of support with respect to disproportionate influxes are to be<br />

provided in other sections (e.g. section 7).<br />

In cooperation with the United Nations Development Programme, the participation was<br />

started in 2010 in the programme financed by the European Commission Supporting Integrated<br />

Border Management Systems in the South Caucasus (SCIBM) for provision of support to<br />

Georgia, Armenia and Azerbaijan. Being the project implementation partner, the State Border


113<br />

Guard expressed its readiness to participate in the project implementation as the lead institution<br />

for implementation of module 2 "Strengthening of Operational Techniques and Procedures".<br />

In 2010, the State Border Guard participated and continues to participate in joint<br />

operations of FR<strong>ON</strong>TEX Agency:<br />

• "POSEID<strong>ON</strong> 2010". Purpose of the operation: to ensure the surveillance of the sea and<br />

land borders by using technical equipment and experts of Member States, with the objective to<br />

reduce the threat of illegal immigration on external sea and land borders of Greece-Turkey.<br />

Currently 2 mobile surveillance sets, 2 motorboats and one helicopter with their crew<br />

participates and will participate in the future in the said joint activity of FR<strong>ON</strong>TEX Agency<br />

from the State Border Guard.<br />

• "ATTICA 2010". Purpose: to provide support to institutions of Greece in the<br />

identification and repatriation of illegal immigrant who have arrived through the sea and land<br />

borders.<br />

• "HERMES 2010". Purpose: to provide sea border surveillance in order to reduce the<br />

threat of illegal immigration from the borders of Italy-Tunisia and Italy-Algeria.<br />

• "FOCAL PO<strong>IN</strong>TS 2010 Air". Purpose: to improve the coordination of border<br />

management, ensure exchange of information in real time, strengthen the border surveillance<br />

among border-crossing points. Representatives of the State Border Guard provided support in<br />

airports of Greece, Sweden, the Netherlands, Finland, Lithuanian, Spain, Belgium and the<br />

Czech Republic.<br />

• "Hubble 2010". Purpose: combating of illegal immigration on the air borders of the<br />

European Union without emphasising any specific group of third-country nationals.<br />

Representatives of the State Border Guard provided support at airport of Germany.<br />

• "Hammer 2010". Purpose: to create a flexible system which would be able to respond,<br />

within maximum short period of time, to potential threat (illegal immigration, human<br />

smuggling and other) on the external borders of the European Union. Representatives of the<br />

State Border Guard provided support in airports of Poland and Spain.<br />

• "UNITY 2010". During the operation in Poland and Lithuania, with the support of<br />

officials of the State Border Guard, activities were carried out for combating illegal acts and<br />

detection of cross-border criminal offences.<br />

• "FOCAL PO<strong>IN</strong>T 2010 Land". Purpose: to improve the coordination of border<br />

management, ensure exchange of information in real time, use focus points to facilitate the<br />

placement of RABIT and FJST participants, strengthen border surveillance among bordercrossing<br />

points. Representatives of the State Border Guard provided support at land border<br />

control points of Estonia, Lithuania, Hungary, Finland, Poland, Bulgaria and Slovakia.<br />

• "NEPTUNE 2010". Purpose: to strengthen the border control procedures on the<br />

external borders of Slovenia and Hungary, by facilitating detection of illegal immigrants,<br />

detection of persons hiding in vehicles, as well as detection of guest workers and persons<br />

who have exceeded the period of residence and are employed illegally in a Member State of<br />

the European Union.<br />

• "JUPITER 2010". Purpose: combating of illegal immigration from or via Ukraine and<br />

Moldova, by using the "green" border and border control points.<br />

The State Border Guard plans to continue its active participation in activities of<br />

FR<strong>ON</strong>TEX on the external borders of the European Union.<br />

III(f) intensify cooperation with the countries of origin and of transit in order to strengthen<br />

border control<br />

Please list any new or planned agreements, and other forms of bilateral and multilateral<br />

cooperation with third countries, specifying which countries, specifically in order to<br />

strengthen the control of external borders and to combat illegal immigration. This could


114<br />

include the provision of border equipment, training of border guards, etc. Please note<br />

that wider / more comprehensive agreements are to be described under section 13<br />

addressing the Global Approach to Migration.<br />

In recent years, the State Border Guard has increased its capacity and has considerably<br />

increased the number of its activities internationally in the EU by developing bilateral<br />

cooperation with third countries and by participating in international projects, by sharing the<br />

experience accumulated by the State Border Guard to developing countries in the field of<br />

border security.<br />

In 2010, the State Border Guard participated and continues to participate in the<br />

following international projects of assistance to third countries:<br />

• In November 2009, the State Border Guard, within the framework of the project<br />

financed by the European Commission and in partnership with the United Nations<br />

Development Programme, in cooperation with border guard services of several other countries,<br />

started its participation in the project under programme financed by the European Commission<br />

Supporting Integrated Border Management Systems in the South Caucasus (SCIBM) for<br />

provision of support to Georgia, Armenia and Azerbaijan. Being the project implementation<br />

partner, the State Border Guard expressed its readiness to participate in the project<br />

implementation as the lead institution for implementation of Module 2 "Strengthening of<br />

Operational Techniques and Procedures". The specific objectives of the module are: to inform<br />

officials of state institutions about the concept of the integrated border management, to develop<br />

procedure for exchange of information, to improve procedures at border crossing points, to<br />

develop risk analysis, to develop procedure manuals and to implement also other activities.<br />

• In 2009, the State Border Guard participated actively in debates of the project of the<br />

Eastern Partnership of the European Commission Integrated border management and came up<br />

with a proposal to organise, in 2010, a few components in the project preparation phase – to<br />

provide training to officials of the target countries of the Eastern Partnership: Moldova,<br />

Ukraine, Belarus, Georgia, Armenia and Azerbaijan in the field of document expertise. The<br />

said training seminar was organised in Riga on 14 April 2010. The State Border Guard<br />

expressed its readiness to undertake, for implementation of the project and within the<br />

framework of sub-module "Training in the field of counterfeit documents" of project module<br />

"Increasing of training capacity", to provide several trainings to officials of the countries. the<br />

proposals were submitted to the Eastern Partnership Division of the European Commission and<br />

received positive feedback in the project evaluation meetings. implementation of the project is<br />

planned till the end of 2012;<br />

• On 13-17 September 2010, within the framework of the Border Management<br />

Programme in Central Asia (BOMCA) which is financed by the European Commission and<br />

implemented by the United Nations Development Programme (UNDP) and the International<br />

Centre for Migration Policy Development (ICMPD), training visit was organised in the State<br />

Border Guard in order to introduce to a model of integrated border management developed in<br />

Latvia, as well as best practices of cooperation among institutions involved in provision of<br />

border security and control of movement of goods on the Latvian state border. The event was<br />

attended by the highest rank officials of border control institutions from the countries of<br />

Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan), as well as<br />

representatives of UNDP, ICMPD. With the aim to participate as a trainer at the regional<br />

cynologists' training for Central Asia border guard staff working with dogs who detect narcotic<br />

drugs and explosives, an inspector of the Professional Preparation Division of the Cynology<br />

Service, the College of the State Border Guard, was delegated to a work mission to Uzbekistan<br />

(Tashkent) in October 2010;


115<br />

The State Border Guard on regular basis cooperates with Georgia, Moldova, Ukraine,<br />

Azerbaijan, Belarus in the level of management and experts of institutions.<br />

Within its competence in 2010, criminal investigation units of the State Border Guard<br />

have cooperated with related departments of Russia, Belarus and Ukraine, as the countries of<br />

origin of immigrants, as well as with related departments of Lithuania, Estonia and Finland as<br />

the countries of transit of immigrants.<br />

9.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:<br />

6(a) The European Council encourages the Commission and Member States to take advantage<br />

of the entry into force of the Visa Code and the gradual roll-out of the VIS<br />

Please describe the progress of implementation of the Visa Code and VIS, if not already<br />

provided under Pact Commitment III(b) above.<br />

In order to ensure success of the Visa Code implementation process, in 2010,<br />

representatives of the Consular Department of the Ministry of Foreign Affairs continued<br />

regular participation in the visa working parties of the Council of the European Union and<br />

meetings of the Visa Committee organised by the European Commission in Brussels, and<br />

informed consular officials in diplomatic and consular missions abroad regarding current issues<br />

and future plans in the field of issue of visas. Taking into account the requirements of the Visa<br />

Code, current practice in embassies and consular offices was evaluated and necessary<br />

developments as well as training of consular officials was performed for successful start of<br />

application of the Visa Code. Attention of consular officials was drawn also to the need to<br />

participate, within the framework of local Schengen cooperation, in meetings of the Schengen<br />

Agreement member states in order to discuss and agree on the matters to be harmonized in the<br />

procedure for review of visa applications.<br />

In order to comply with the provisions of Paragraph one, Article 6 of the Visa Code that<br />

a visa application shall be examined and decided on by the consulate of the competent Member<br />

State in whose jurisdiction the applicant legally resides, and in order to comply with the<br />

amendment to Paragraph five of Section 13 of the Immigration Law regarding the delegation to<br />

the Cabinet of Ministers to issue regulations of the Cabinet of Ministers that will specify the<br />

territorial competence of diplomatic and consular missions of the Republic of Latvia abroad in<br />

issuance of visas, the meeting of the Cabinet of Ministers of 3 August 2010 approved<br />

Regulation No. 725 "Regulation on the Territorial Competence of Diplomatic and Consular<br />

Missions of the Republic of Latvia in Requests of Visas" which was developed by the Ministry<br />

of Foreign Affairs.<br />

The State Border Guard applies the Visa Code to full extent and, in 2010, has prepared<br />

a range of internal regulatory documents to ensure the issue, annulment, cancellation of visas<br />

according to the new regulation. The visa information system is being introduced in<br />

cooperation with the Office of Citizenship and Migration Affairs according to the plan of<br />

introduction of the visa information system.<br />

Starting from 5 April 2010, there are two categories of visas: entry or C category visa<br />

and airport transit visa or A category visa. Until 4 April 2010, also B category visas were used,<br />

and now such visas are replaced with C category visas with the purpose of entry: transit, but the<br />

EU Visa Code does not regulate the procedure for issuance of long-term or D category visa, but<br />

national legislation of Member States shall be applied to such visas also in the future.


116<br />

In order to introduce the requirements of the Visa Code, the Ministry of Foreign Affairs<br />

will, in cooperation with the Office of Citizenship and Migration Affairs, amendments to the<br />

Immigration Law for submission thereof to the Stat Chancellery. The said amendment to the<br />

Law would provide the procedure for motivation of refusing a visa as well as appeal against<br />

refusal.<br />

<strong>ASYLUM</strong><br />

10 International Protection<br />

10.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

IV(c) solidarity with MS which are faced with specific and disproportionate pressures on their<br />

national asylum systems:<br />

Please provide information on support provided to Member States experiencing specific<br />

and disproportionate pressures on their national asylum systems, with regard to the<br />

processing of requests for international protection. This could include seconding staff and<br />

sending resources or equipment.<br />

Latvia has not provided assistance to Member States of the European Union which have<br />

experienced disproportionately large pressures to their national asylum systems caused by the<br />

number of asylum seekers. At the same time, Latvia supports the solidarity policy of the<br />

European Union regarding the need for voluntary activities, and the possible participation of<br />

Latvia in assisting Member States of the European Union may be assessed in the future, with<br />

the view to the course of development of the EU asylum policy.<br />

Please describe any action undertaken with regard to the reallocation from Member<br />

States experiencing specific and disproportionate pressures of beneficiaries of<br />

international protection to other Member States. This relates to intra-EU movements, for<br />

example, as part of EU projects.<br />

Until now, Latvia has not engaged in activities associated with resettlement of persons<br />

who have received international protection in a Member State of the European Union. At the<br />

same time, Latvia supports the solidarity policy of the European Union regarding the need for<br />

voluntary activities in order to provide international protection to member states faced with<br />

specific and disproportionate pressures in the national asylum system.<br />

IV(d) strengthen cooperation with the Office of the United Nations High Commissioner for<br />

Refugees to ensure better protection for people outside the territory of European Union<br />

Member States who request protection, in particular by moving, on a voluntary basis, towards<br />

the resettlement within the European Union<br />

Please describe resettlement activities to your Member State of people placed under the<br />

protection of the Office of the UNHCR in third countries, specifying from which<br />

countries.


117<br />

Also in 2010, Latvia was not involved in resettlement activities and has not<br />

implemented a resettlement programme, also Latvia does not plan to participate in such<br />

programmes within the nearest future. In the opinion of Latvia, the voluntary participation<br />

principle should be maintained for participation in resettlement activities.<br />

In order to strengthen the cooperation with the United Nations High Commissioner for<br />

Refugees (UNHCR), the State Border Guard has prepared a draft Memorandum of<br />

Understanding in order to improve the exchange of information, as well as provision of<br />

necessary support to persons who wish to obtain international protection.<br />

IV(e) MS are invited to provide the personnel responsible for external border controls with<br />

training in the rights and obligations pertaining to international protection<br />

Please describe the provision or planning of provision of such training (and in which way,<br />

number and percentage of border control staff trained)…)<br />

40 officials of the State Border Guard improved their qualification for best practices of<br />

the EU member states for identification and interviewing of asylum seekers, drafting of<br />

admission documents, and also familiarised themselves with best practices in operation of<br />

centres for detained asylum seekers.<br />

10.2 Key statistics<br />

Asylum applications and decisions<br />

Applicat<br />

ions<br />

Total<br />

applicati<br />

ons<br />

under<br />

consider<br />

ation<br />

First instance decisions on asylum applications<br />

Total<br />

positi<br />

ve<br />

Reject<br />

ed<br />

Geneva<br />

Convent<br />

ion<br />

Subsidia<br />

ry<br />

protecti<br />

on<br />

Tempo<br />

rary<br />

protect<br />

ion<br />

Huma<br />

nitari<br />

an<br />

status<br />

Asylum<br />

application<br />

s 63 24 27 6 18 0 0<br />

Third-country nationals reallocated and resettled to your Member States<br />

Total Reallocated Resettled<br />

Third-country<br />

- - -<br />

nationals<br />

Training of border guards on asylum<br />

Total number of border<br />

guards<br />

Border guards 2373 197 40<br />

Border guards who received<br />

training<br />

UNACCOMPANIED M<strong>IN</strong>ORS <strong>AND</strong> OTHER VULNERABLE GROUPS<br />

197 Total number of officials of the State Border Guard with the special service ranks.


118<br />

11 Unaccompanied Minors (and other vulnerable groups)<br />

11.1 European Pact on Immigration and Asylum<br />

No specific commitments are included.<br />

11.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:<br />

5(a) develop an action plan, to be adopted by the Council, on unaccompanied minors which<br />

underpins and supplements the relevant legislative and financial instruments and combines<br />

measures directed at prevention, protection and assisted return<br />

Please describe any developments in relation to unaccompanied minors at national and<br />

international levels.<br />

11.3 Key statistics<br />

Unaccompanied minors<br />

Number of unaccompanied minors 5<br />

Number of asylum applicants considered to<br />

be unaccompanied minors 5<br />

GLOBAL APPROACH TO MIGRATI<strong>ON</strong><br />

12 External cooperation / global approach to migration<br />

12.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for<br />

each commitment)<br />

The relevant commitments in the Pact for this sub-section are in particular:<br />

V(a) conclude EU-level or bilateral agreements with the countries of origin and of transit<br />

containing clause on legal and illegal migration as well as development<br />

Please provide information on any (planned) EU level or bilateral agreements (e.g.<br />

Mobility Partnerships), which are in addition to those mentioned under Sections 1.1, Pact<br />

commitment I(a) Implement policies for labour migration; 7.1, Pact commitment II(b) To<br />

conclude readmission agreements; and 11, Pact commitment III(f) intensify cooperation<br />

with the countries of origin and of transit in order to strengthen border control. These<br />

could include wider, more comprehensive agreements covering various elements related<br />

to legal and illegal migration, as well as return. List them, including the third countries<br />

with which they have been concluded and their content. In case of bilateral agreements,<br />

also indicate whether the Commission was informed.<br />

Latvia is one of the member states which have signed the European Union Mobility<br />

Partnership with Georgia which is one of the priority countries for Latvia in the framework of<br />

the EU Neighbourhood Policy and the Development Cooperation Policy. Within the framework<br />

of the Mobility Partnership with Georgia, in the end of 2009 Latvia implemented a project


119<br />

aimed to strengthen the institutional capacity of Georgia in matters of migration and population<br />

register, by organising a training visit for 5 officials of Georgia. Besides, in spring of this year,<br />

the Border Guard of Latvia organised a training seminar about security of travel documents and<br />

detection of counterfeit documents, which was attended by representatives of the Border Guard<br />

of Georgia. Concurrently with the said activities, the State Border Guard in cooperation with<br />

FR<strong>ON</strong>TEX agency is addressing the possibility of implementing a project in the field of border<br />

management, namely, to provide aid to establishment of the Cynology Service of the Border<br />

Guard of Georgia and its further development.<br />

An example table is presented below.<br />

Type of agreement Third countries involved Main purpose of the<br />

agreement<br />

(EU or bilateral)<br />

Bilateral agreement Republic of Albania Cooperation in combating<br />

terrorism, organized crime,<br />

illicit trafficking in narcotic<br />

drugs, psychotropic<br />

substances and precursors.<br />

Bilateral agreement Republic of Armenia Cooperation in the fight<br />

against criminal offences to<br />

morality and sexual offence,<br />

sexual exploitation,<br />

particularly of children,<br />

criminal offences related to<br />

illegal immigration.<br />

In 2010, the competent Latvian authorities have commenced the process of harmonization<br />

of the following agreements:<br />

• Agreement between the Government of the Republic of Latvia and the Government of<br />

the Republic of Belarus regarding the regime of the Latvia—Belarus state border;<br />

• Agreement between the Government of the Republic of Latvia and the Government of<br />

the Russian Federation regarding places of crossing the Latvian-Russian state border.<br />

Since agreements regarding cooperation in the field of prevention and combating of<br />

organised crime envisage also potential cooperation in the field of prevention and combating of<br />

illegal migration, draft agreements of the above-mentioned field with Russian, Tajikistan and<br />

Turkmenistan are in the process of harmonization.<br />

V(b) offer the nationals of partner countries to the East and South of Europe opportunities for<br />

the legal immigration<br />

Please indicate whether, in relation to the labour migration policy and related<br />

developments set out in Section 1.1, whether any of these favour labour and circular<br />

migration and specify which third countries from the East and South of Europe.


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All third-country nationals have the same rights to be employed in Latvia, in<br />

accordance with the procedure for employment of third-country nationals included in the<br />

Immigration Law and related Regulations of the Cabinet of Ministers.<br />

V(c) cooperation with the countries of origin and of transit in order to deter or prevent illegal<br />

immigration<br />

Please describe any cooperation, in addition to the cooperation outlined in Pact<br />

commitment V(a) above, Sections 8, Pact commitment II(e) cooperation with the<br />

countries of origin and of transit, in particular to combat human trafficking and section<br />

11, Pact commitment III(f) intensify cooperation with the countries of origin and of<br />

transit in order to strengthen border control, which has focused on deterring or<br />

preventing illegal immigration. This may include concrete cooperation activities, capacity<br />

building and agreements.<br />

The State Border Guard, within the framework of the "Agreement between the State<br />

Border Guard of the Republic of Latvia and the Federal Migration Service of the Russian<br />

Federation Regarding Cooperation in the Field of Combating Illegal Immigration", has<br />

organised two visits of exchange of experience in 2010 that were related to the matters of<br />

accommodation of illegal immigrants. The State Border Guard, within the framework of the<br />

joint working party of Latvia and Russia for fight against illegal migration in 2010 has made<br />

exchange of updated information between Latvia and Russia and has organised exchange of<br />

risk analysis data between the State Border Guard and Pskov Regional Authority of the Federal<br />

Security Services of the Russian Federation and Russian Federation. In 2010 within the<br />

framework of the cooperation plan, meeting with representatives of the Border Guard<br />

Committee of Belarus was organised in order to share experience of the State Border Guard<br />

and the best practice in the field of immigration control.<br />

V(d) More effective integration of migration and development policies<br />

Please describe any relevant activity, for example studies and development of such<br />

approach, solidarity development projects, etc.<br />

V(e) promote co-development actions and support instrument for transferring migrants'<br />

remittances<br />

Please describe any relevant developments and activities in the area of remittances,<br />

including financial support to such actions, implementation of an instrument for<br />

transferring migrants' remittances, etc.<br />

12.2 Stockholm Programme (1-2 paragraphs in the text box created for each commitment)<br />

The relevant commitments in the Stockholm Programme for this sub-section are in<br />

particular:


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11(h) how diaspora groups may be further involved in EU development initiatives, and how EU<br />

Member States may support diaspora groups in their efforts to enhance development in their<br />

countries of origin<br />

Please provide information on a possible national policy or actions with regard to<br />

supporting diaspora groups in enhancing development in their countries of origin.<br />

On 11-14 October 2010, three leading officials of the Moldovan judicial system visited<br />

Latvia within the framework of the development cooperation project. The project aimed to<br />

provide support to the strengthening of the rule of law, democracy and administrative capacity<br />

of Moldova. During the visit for exchange of experience, the representatives of Moldova<br />

familiarised themselves with the work organisation of the Latvian judicial system institutions<br />

and met officials of the Supreme Court, the Riga Regional Court, the Court Administration,<br />

and the Latvian Judicial Training Centre. Moldova as the key current objective has set its<br />

integration to the European Union, thus the implementation of this project made a positive<br />

contribution to the course of reforms in Moldova. The project was implemented by the<br />

Ministry of Foreign Affairs in cooperation with the Court Administration with Court<br />

Administration.<br />

It must be admitted that, due to the lack of funds for development cooperation projects<br />

in 2010, involvement of the Ministry of Foreign Affairs in the field of development<br />

cooperation projects regarding migration has been limited.


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