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POLICY REPORT ON IMMIGRATION AND ASYLUM IN LATVIA ...

POLICY REPORT ON IMMIGRATION AND ASYLUM IN LATVIA ...

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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]

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