POLICY REPORT ON IMMIGRATION AND ASYLUM IN LATVIA ...

More documents

Recommendations

Info

100 Acquisition of citizenship Number of third-county national nationals (Citizens of countries other than of EU-27, EFTA and Candidate countries) taking up citizenship 75 ILLEGAL IMMIGRATI<strong>ON</strong> <strong>AND</strong> RETURN 5 Illegal Immigration 5.1 European Pact on Immigration and Asylum (1-2 paragraphs in the text box created for each commitment) The relevant commitments in the Pact for this sub-section are in particular: II(a) only case-by-case regularisation Please indicate whether any regularisation took place and how in your Member State legal status was given to illegally staying third-country nationals. Also provide information on trends with respect to the number of persons regularised. Massive legalization of illegal immigrants has not been performed in Latvia. Competent institutions of Latvia constantly assess individual circumstances of each person and make a decision whether the person is entitled or is not entitled to receive a relevant status in the country. By taking into account personal, social and economic ties of a person with the country of residence, the institution and court promotes the protection of individual rights and legal interests within the framework of applicable laws. II(c) ensure that risks of irregular migration are prevented Please describe your Member State’s policy concerning preventing irregular migration. Note that information on other relevant measures, such as border control are to be provided in the later sections of this report (see Sections 9 and 10). To facilitate the prevention of illegal immigration, the State Border Guard actively cooperates with countries of origin and transit of illegal immigrants. Officials of the State Border Guard and the Office of Citizenship and Migration Affairs participated in experience exchange activities organised by Riga Office of the International Organization for Migration in 2010 in Austria, Georgia and Armenia. The State Border Guard, in cooperation with representatives of the border guard of the Republic of Estonia performs joint patrol on the internal borders, as well as in the administrative territories of the Latvian and Estonian frontier. In 2010, the State Border Guard continued active work for development of new draft agreements and protocols in order to promote the return of illegal immigrants in the country of origin, namely, draft readmission agreements and fulfilment protocols with the Republic of Kazakhstan and the Republic of Kosovo, which have been sent for agreement. Draft protocols have been developed for the fulfilment of the readmission agreements signed by the European Community the Former Yugoslav Republic of Macedonia and Bosnia and Herzegovina. Fulfilment protocol has been signed between the Republic of Latvia and Moldova for readmission agreements signed by the European Community. The State Border Guard initiated the Amendment to the Immigration Law and it was made, with the aim to reduce misuse of residence permits and opportunities to receive a visa.
101 The State Border Guard as the responsible institution for the adoption of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 (henceforth – Directive 2008/115/EC) on common standards and procedures in Member States for returning illegally staying third-country nationals, has prepared draft law "Amendment to the Immigration Law" and continues its work in development of subordinated Cabinet of Ministers regulations. II(d) to develop cooperation between Member States, using, on a voluntary basis and where necessary, common arrangements to ensure the expulsion of illegal immigrants Please describe cooperation with other Member States, with regard to the expulsion of persons found to be staying illegally on the territory, including biometric identification of illegal entrants, joint expulsion measures (e.g. flights), etc. In 2010, the State Border Guard has not signed an agreement with any of Member States of the European Union on cooperation in the field of return of illegal immigrants. The State Border Guard, in cooperation with Member States of the European Union in 2010, has participated in two activities, in order to provide assistance to institutions of Member States of the European Union in the Mediterranean region in identification and expulsion of illegal immigrants. In 2010, the State Border Guard has not participated in joint activities of return. II(g) take rigorous actions and penalties against those who exploit illegal immigrants Please describe the transposition and operational execution (e.g. prosecution of employers hiring persons illegally staying in your Member State) of the “Employer Sanctions Directive," as well as other relevant actions and developments. Currently, Paragraph eight of Section 37 of the Labour Law transposes Clause 1 of Article 3 of Directive 2009/52/EC of the European Parliament and of the Councils of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (henceforth – Directive 2009/52/EC). However, cases in relation to employment of a third-country national without a required work permit are initiated on the basis of violations to Paragraph one of Section 9 of the Immigration Law 9 and Article 7 of Cabinet of Ministers Regulation No.44 of 20 January 2004 "Regulations regarding Work Permits for Third-Country Nationals". The liability for such offences is determined in Paragraph two of Section 189 of the Latvian Administrative Violations Code (Judgement of the Administrative Regional Court of 20 May 2010 in case No.A42717408; Judgement of the Administrative Regional Court of 21 October 2009 in case No.A42519507). it should be noted that new Cabinet of Ministers Regulation No.553 of 21 June 2010 "Regulations Regarding Work Permits for Third-country Nationals" entered into force from 1 July 2010. In order to fully transpose the requirements of Directive 2009/52/EC, draft law "Amendment to the Labour Law", draft law "Amendment to the Criminal Law" and draft law "Amendment to the Associations and Foundations Law" have been developed. The abovementioned draft laws were submitted and announced at the Meeting of the State Secretaries on 28 October 2010. In compliance with protocol decision No. 42 of the meeting of the State Secretaries of 28 October 2010, the Ministry of Welfare has been assigned the task of coordination of the draft law s and their executive summaries and of submission of coordinated drafts to the State Chancellery. By adopting the requirements of Directive 2009/52/EC, it is suggested to supplement the Labour Law with the obligation to an employer to request a thirdcountry national, prior to starting the job, to present a valid visa or residence permit, as well as a valid work permit, if necessary. An employer will also need to ensure storage of such documents during the whole period of employment of a third-country national and presentation
Page 1 and 2:
POLICY REPORT ON IMMIGRATION AND AS
Page 3 and 4:
3 TABLE OF CONTENTS EXECUTIVE SUMMA
Page 5 and 6:
5 EXECUTIVE SUMMARY According to Cl
Page 7 and 8:
7 1. INTRODUCTION 1.1. Methodology
Page 9 and 10:
9 2. POLITICAL AND LEGAL FRAMEWORK
Page 11 and 12:
11 3. POLITICAL, LEGAL AND INSTITUT
Page 13 and 14:
13 illegal immigrants, as well as b
Page 15 and 16:
15 Confederation of Latvia, Elīna
Page 17 and 18:
17 Having analysed the amount of fu
Page 19 and 20:
19 4. LEGAL IMMIGRATION AND INTEGRA
Page 21 and 22:
21 consular mission of a member sta
Page 23 and 24:
23 request of a residence permit if
Page 25 and 26:
25 opportunity for non-citizens of
Page 27 and 28:
27 Affairs and the Latvian Language
Page 29 and 30:
29 country nationals to whom the st
Page 31 and 32:
31 6) the regulatory enactment expa
Page 33 and 34:
33 of the Latvian and Belarus borde
Page 35 and 36:
35 A minor third-country national o
Page 37 and 38:
37 In 2010, the Ministry of Justice
Page 39 and 40:
39 6) Latvian Language Agency imple
Page 41 and 42:
41 On 10 March 2010, Cabinet Regula
Page 43 and 44:
43 cancel a visa of third-country n
Page 45 and 46:
45 Changes in other laws are also p
Page 47 and 48:
47 enforcement institutions of the
Page 49 and 50: 49 In 2010, the Office of Citizensh
Page 51 and 52: 51 In 2007-2009, a network of human
Page 53 and 54: 53 Tasks at Sea by the Use of Techn
Page 55 and 56: 55 Besides, by using the External B
Page 57 and 58: 57 European Union and Schengen Agre
Page 59 and 60: 59 of the project and within the fr
Page 61 and 62: 61 Immigration Law for submission t
Page 63 and 64: 63 Alternative Status or Temporary
Page 65 and 66: 65 voluntary participation, Latvia
Page 67 and 68: 67 of asylum seekers and improve th
Page 69 and 70: 69 provisions of the Agreement, the
Page 71 and 72: 71 10. IMPLEMENTATION OF EUROPEAN U
Page 73 and 74: 73 The concept developed by the Min
Page 75 and 76: 75 Cabinet of Ministers Regulation
Page 77 and 78: 77 Fight against Terrorism, Organiz
Page 79 and 80: 79 ‣ Cabinet of Ministers Regulat
Page 81 and 82: 81 ‣ Executive summary to Cabinet
Page 83 and 84: 83 Literature: ‣ Apstiprina jaunu
Page 85 and 86: 85 ‣ Interesējas par darbaspēka
Page 87 and 88: 87 http://www.iem.gov.lv/lat/aktual
Page 89 and 90: 89 ANNEX OF THE EUROPEAN PACT ON IM
Page 91 and 92: 91 indicating profession, preferabl
Page 93 and 94: 93 Programme 2008, and it supported
Page 95 and 96: 95 organizing next informative even
Page 97 and 98: 97 related to integration of immigr
Page 99: 99 medical, psychological, material
Page 103 and 104: 103 4(j) more effective action agai
Page 105 and 106: 105 readmission agreements in which
Page 107 and 108: 107 7.1 European Pact on Immigratio
Page 109 and 110: 109 BORDER CONTROL 8 Control and su
Page 111 and 112: 111 Please describe (planned) devel
Page 113 and 114: 113 Guard expressed its readiness t
Page 115 and 116: 115 The State Border Guard on regul
Page 117 and 118: 117 Also in 2010, Latvia was not in
Page 119 and 120: 119 aimed to strengthen the institu
Page 121 and 122: 121 11(h) how diaspora groups may b
show all

POLICY REPORT ON IMMIGRATION AND ASYLUM IN LATVIA ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?