POLICY REPORT ON IMMIGRATION AND ASYLUM IN LATVIA ...

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request of a residence permit if he or she is a pupil or full-time student of an education
institution accredited in the Republic of Latvia and his or her residence is related with
participation in an exchange programme or he or she is admitted for studies in the programme
of master or doctor studies or a study programme at the end of which a student obtains a degree
regarded as equal to master degree.
On 27 May 2010, the meeting of the State Secretaries announced Draft law
"Amendment to the Immigration Law" which has been elaborated in order to implement the
rules and provisions of Council Directive 2009/50/EC of 25 May 2009 on the conditions of
entry and residence of third-country nationals for the purposes of highly qualified
employment 47 .
In compliance with the provisions of the Immigration Law, currently a third-country
national who has received a temporary residence permit may reside outside of the territory of
Latvia without any time limit. It means that a third-country national may return to Latvia only
once a year for registration of the temporary residence permit if its expiry term is more than
one year. 48 The said provision has been amended because the joining of Latvia to the Schengen
zone does not enable anymore to determine whether the person who has received a temporary
residence permit in the Republic of Latvia is currently in Latvia or in any other Member State
of the European Union, thus making it impossible to establish a fact of absence.
Latvia is not a country which facilitates emigration of labour because the total number
of immigrant is very small and persons who enter the country for employment do not have high
qualification. In 2010, the highest demand in the labour market of Latvia was for ship repair
locksmiths and cargo truck drivers. The largest immigrant flows into the Republic of Latvia are
from Russia, Ukraine and Belarus. 49
Amendment to the Immigration Law, which entered into force on 1 July 2010, provides
that, in order to ensure the compliance of employees from third countries with requirements of
an offered vacancy, responsible officials of branches of the State Employment Agency shall
register, pursuant to valid regulatory enactments, a vacancy notified by an employer by
indicating profession, preferable educational level of a candidate, work experience and, when
establishing that the vacancy is registered for the purpose of inviting a guest worker, shall
actively inform about such an employment opportunity its clients: residents of Latvia and other
47 Council Directive of No.2009/50/EC 25 May 2009 on the conditions of entry and residence of third-country
nationals for the purposes of highly qualified employment.// Official Journal, L 155, 18.06.2009.
48 In compliance with Paragraph two of Section 22 of the Immigration Law.
49 Data provided by officials of the Office of Citizenship and Migration Affairs.