POLICY REPORT ON IMMIGRATION AND ASYLUM IN LATVIA ...

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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