OVERVIEW STRUCTURE OF THE MIGRATION AND ASYLUM POLICY IN LATVIA

Transcription

1 OVERVIEW STRUCTURE OF THE MIGRATION AND ASYLUM POLICY IN LATVIA Riga, October 2016

2 2 The overview has been developed by the European Migration Network 1 Latvian Contact Point. The Latvian Contact Point of the European Migration Network is the Office of Citizenship and Migration Affairs. Contacts: Čiekurkalna 1.līnija 1, k-3, Riga, Latvia, LV-1026 Telephone: Fax: emn@pmlp.gov.lv Web: 1 European Council resolution No. 2008/381/EC of 14 May 2008 establishing a European Migration Network. - Official Journal, L 131,

3 3 TABLE OF CONTENTS SUMMARY INTRODUCTION: OBJECTIVE AND METHODOLOGY POLITICAL, LEGAL AND INSTITUTIONAL FRAMEWORK IN THE AREA OF MIGRATION AND ASYLUM IN LATVIA POLITICAL SYSTEM AND INSTITUTIONAL FRAMEWORK LEGAL FRAMEWORK DEVELOPMENT OF THE MIGRATION AND ASYLUM SYSTEM POLICY ORGANISATION ASYLUM AND MIGRATION Entry procedures Reception conditions Legal residence Integration Citizenship Access to the labour market Return RELATION OF THE MIGRATION AND ASYLUM POLICY TO OTHER POLICIES ANNEXES List of used literature and sources... 59

4 SUMMARY 4 The objective of the work is to provide an overview on implementation of the asylum and migration policy in Latvia. The structure of the migration and asylum policy of Latvia is described for the period from 1991 to the end of Data from previous overviews regarding the structure of migration and asylum in Latvia have been used for information for the period from 1991 to The introduction of this work provides an insight into the work objective, tasks, methods and target audience. The second part of the work discusses the political, legal and institutional framework in the area of migration and asylum in Latvia. The work describes the general structure of migration and asylum, characterises the main institutions involved and their role in decision-making, the legal system and key legal acts in the area of migration and asylum. The third part of the work describes the development of the migration and asylum system. This part provides a brief historical overview of how the migration and asylum system has evolved in Latvia. When compared to other Member States, Latvia is a fairly new state where the work for the regulation of migration processes was only started after the renewal of national independence. The fourth part of the work provides more detailed information on the migration and asylum policy organisation by including individual sections that describe the entry procedure, reception conditions, legal stay, integration, citizenship, access to the labour market and the return. The fourth part of the work also discusses the relation of migration and asylum policy with other policy areas. The work describes the relation of migration and asylum policy to the employment policy, education policy, foreign policy and integration policy.

5 1. INTRODUCTION: OBJECTIVE AND METHODOLOGY The objective of the Overview of Structure of the Migration and Asylum Policy in Latvia is to provide an overview of how the asylum and migration policy is organised in Latvia, to explain the institutional, organisational and legal framework of the migration and asylum policy, to describe the entry conditions for third-country nationals in the context of legal migration or international protection. To provide up-to-date, objective, reliable and comparable information on migration and asylum, the data and studies available to the Office of Citizenship and Migration Affairs, as well as statistical data summarised and information provided by other institutions were used. Information from the research studies carried out by the Latvian Contact Point of the European Migration Network (hereinafter the Network) and data published by the Central Statistical Bureau were used in the work as well. All articles, studies, opinions and other sources of information used in development of the work are included in the list of used literature and sources. The object of the overview is a third-country national who wishes to enter and reside in Latvia, not including a European Union citizen who is using the opportunity of freedom of movement in the European Union. The task of the overview is to describe the structure of the migration and asylum policy of Latvia during the period from 1991 to the beginning of In order to achieve the objective of the work, the following tasks were proposed: to look at the political, legal and institutional framework in the area of migration and asylum as well as the organisation of migration and asylum policy by including entry procedures, reception conditions, legal stay in the country, integration, acquisition of citizenship of Latvia, access to the labour market as well as the return of third-country nationals. The targeted audience of the overview is the European Commission and the national contact points of the Network, institutions that are shaping and implementing the migration and asylum policy in Latvia, as well as other governmental and local government institutions that are involved in solving various migration and asylum issues. This work will be the source of information for both non-governmental organisations and the public at large as well as for persons that are interested in and follow the changes of the migration and asylum policy structure in Latvia.

6 6 2. POLITICAL, LEGAL AND INSTITUTIONAL FRAMEWORK IN THE AREA OF MIGRATION AND ASYLUM IN LATVIA There is a number of institutions involved in the formation of the migration and asylum policy, the competence and tasks of which are set forth in national legal acts. This chapter describes the political system of Latvia, the institutional and legal framework Political system and institutional framework Latvia is an independent parliamentary democratic republic. Its constitutional basis is the Constitution 2 of the Republic of Latvia, adopted on 15 February The Latvian Parliament, the Saeima, is the principal body of the state and it is the only institution that is elected in direct elections by the citizens of the Republic of Latvia who are entitled to vote. The Saeima is a unicameral Parliament elected in general, equal, direct, secret and proportional elections. There are one hundred members in it who are elected for a four-year term and the elected members may not be withdrawn. The newly elected Saeima convenes for the first meeting on the first Tuesday of November, except when the Saeima is elected in extraordinary elections. The Saeima is completing its most important tasks legitimisation of the political regime and exercising of political power in the public interest by using the rights specified in the Constitution. The Constitution sets forth the rights and functions of the Saeima: 1. election of the President; 2. appointment, removal of the Cabinet of Ministers and supervision of its work; 3. adoption and amending of laws (including the state budget) and resolutions; 4. appointment and removal of various officials. The internal operations and procedures of the Saeima are determined by the Rules of Procedure of the Saeima 3. Elections to the 12th Saeima took place on 4 October As a result of the elections, seats in Parliament were won by 6 parties and party associations: Saskaņa Social Democratic Party (24 seats), the party Vienotība (23 seats), Union of the Greens and Farmers (21), the National Association Visu Latvijai!-Tēvzemei un Brīvība/LNNK (17 seats), the Latvian Association of Regions (8 places), the party No sirds Latvijai (7). 4 The supreme executive power of the country 2 Published: Latvijas Vēstnesis, No. 43, [entered into force on ] 3 Law on the Rules of Procedure of the Saeima, Latvijas Vēstnesis, No. 96, [entered into force on ] 4 Central Election Commission. -Available at:

7 7 is the Cabinet of Ministers. Its composition and operation is determined by the Constitution of the Republic of Latvia and the Law On the Structure of the Cabinet 5. The Cabinet shall be composed by the person entrusted to do so by the President. The Cabinet consists of the Prime Minister and Ministers invited by him. Pursuant to the Law On the Structure of the Cabinet, the Cabinet consists of the Prime Minister and 13 Ministers that the following Ministries are subordinate to: Ministry of Defence; Ministry of Foreign Affairs; Ministry of Economics: Ministry of Finance; Ministry of the Interior; Ministry of Education and Science; Ministry of Culture; Ministry of Welfare; Ministry of Transport; Ministry of Justice; Ministry of Health; Ministry of Environmental Protection and Regional Development; Ministry of Agriculture. If the Parliament expresses a lack of confidence in the Prime Minister then the entire Cabinet has to resign. If a lack of confidence is expressed to an individual Minister then that Minister must resign and the Prime Minister should invite another person for the position. A lack of confidence in the entire Cabinet in aggregate is expressed by the Saeima adopting a respective resolution or rejecting the draft annual national budget prepared and filed with the Saeima by the Cabinet. The Cabinet shall examine all draft laws developed by individual Ministries and matters relating to the activities of several Ministries as well as national policy issues proposed by individual Cabinet Members, and shall adopt legal acts. The Cabinet shall take up its duties when it has been endorsed by the Saeima in a vote of confidence. The internal order and operational issues of the Cabinet are determined by the Rules of Procedure of the Cabinet 6. 5 Law On the Structure of the Cabinet, Latvijas Vēstnesis, No. 82, [entered into force on ] 6 7 April 2009 Cabinet Regulation No. 300 "Rules of Procedure of the Cabinet". - Latvijas Vēstnesis, No. 58, [entered into force on ]

8 8 A democratic, legal, effective and open state administration available to the public is provided for by the State Administration Structure Law 7. The law sets forth the institutional system of state administration subject to the Cabinet and the operational framework of the public administration. State administration is organised in a single hierarchical system. The state administration, headed by the Cabinet, performs the administrative functions of the executive power, which consists of individual state administration tasks and responsibility for their implementation. The Ministry of the Interior, Ministry of Foreign Affairs, Ministry of Welfare, Ministry of Economics, Ministry of Finance, Ministry of Justice, Ministry of Health, Ministry of Education and Science and the Ministry of Culture are those Latvian state administration institutions that are responsible for a certain range of issues related to the area of migration and asylum. The national security authorities and local governments are also dealing with migration and asylum issues within their competence. The Ministry of the Interior is the leading state administration authority in the home affairs sector, which also includes the migration and citizenship subsectors. The Ministry of the Interior is developing, organising and coordinating the implementation of home affairs policy. The Ministry of the Interior is the managing authority of the Asylum, Migration and Integration Fund ( ). The Office of Citizenship and Migration Affairs is subordinated to the Ministry of the Interior and it is implementing the migration and asylum policy of the state, defining the legal status of persons in the country, performing the population record, issuing identity documents and travel documents. 8 According to the legal acts in force, the Office of Citizenship and Migration Affairs shall examine applications from asylum seekers, adopt a resolution regarding granting refugee or alternative status or refusal to grant such, as well as provide for accommodation for asylum seekers. The Office of Citizenship and Migration Affairs decides on issuing the residence permits and the European Union citizen registration certificates, is issuing, registering and annulling such, grants the right to employment to third-country nationals, confirms invitations for requesting visas and invitations for requesting residence permits, is issuing visas within the country, is the central authority for the purposes of Part Two of Article 17 of the Convention for the Implementation of the 14 June 1985 Schengen Agreement 9, decides on the affiliation of 7 State Administration Structure Law. - Latvijas Vēstnesis, No. 94, [entered into force on ] 8 3 October 2006 Cabinet Regulation No. 811 "By-laws of the Office of Citizenship and Migration Affairs". -Latvijas Vēstnesis, No. 160, [entered into force on ] 9 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. - Official Journal L 239/19,

9 9 persons with citizenship of Latvia, examines the applications for admission to Latvian citizenship in the naturalisation procedure 10 and examines the administrative violation cases and imposes administrative penalties 11 (see Annex 2). The Office of Citizenship and Migration Affairs is the Latvian Contact Point of the European Migration Network. The State Border Guard is an armed direct administration institution under the supervision of the Ministry of the Interior that implements the state border security policy as well as, according to its competence, the national migration policy. The objective of activities of the State Border Guard is ensuring inviolability of the state border as well as the prevention of illegal migration. 12 Pursuant to the provisions of legal acts, the State Border Guard is controlling compliance with the regulations regarding the entry, residence, exit and transit of foreigners in the territory of the Republic of Latvia and is performing, within its competence, the activities set forth by legal acts governing the area of migration and asylum. 13 The competence of the Ministry of Foreign Affairs includes the external dimension of the migration and asylum issues, that is relations with third countries as well as issues related to migration and development policies. The Consular Department 14 of the Ministry of Foreign Affairs is cooperating, within its competence, with the institutions subordinate to the Ministry of the Interior and foreign missions in the issues of expulsion of foreign nationals, is coordinating and harmonising issuance of visas in the missions as well as other competent bodies. Diplomatic and consular missions of the Republic of Latvia abroad mainly provide for the protection of the interests of citizens of Latvia, non-citizens of Latvia, stateless persons as well as legal entities of Latvia abroad; inform the foreign official institutions and the public about Latvia; coordinate international relations of the state institutions of Latvia; provide the Latvian state institutions and the public with information obtained abroad in any illegal manner as well as perform consular functions, such as making a decision on the issue or refusal of visa, provide advice on matters of visas, accept documents submitted by foreigners for requesting a residence permit in Latvia and forward them to the Office of Citizenship and Migration Affairs for making 10 The Naturalisation Board of the Ministry of Justice was reorganised by adding it to the Office of Citizenship and Migration Affairs. The Office of Citizenship and Migration Affairs took over the naturalisation function from 1 March Law of 28 October 2010 Amendments to the Latvian Administrative Violations Code. -Latvijas Vēstnesis, No. 183, [entered into force on ] February 2005 Cabinet Regulation No. 122 "By-laws of the State Border Guard". - Latvijas Vēstnesis, No. 28, [entered into force on ] 13 State Border Guard Law. - Latvijas Vēstnesis, No. 329/330, [entered into force on ] 14 Rules of the Consular Department of the Ministry of Foreign Affairs. Researched on the internet on

10 10 the decision, issue long-term visas for receipt of the residence permit, conduct the required interviews with foreigners. Migration issues that are related to economic migration, labour market and economic needs are under the supervision of the Ministry of Welfare, which is the leading state administration institution in labour, social protection, child and family law areas as well as equal opportunities for persons with a disability and gender equality, 15 and the Ministry of Economics, which is developing and implementing the structural policy of the national economy 16 as well as developing the medium and long term labour market forecasts. The State Employment Agency subordinated to the Ministry of Welfare is implementing the national policy for the reduction of unemployment and supporting the unemployed, job seekers and persons subject to the risk of unemployment, and is developing short-term labour market forecasts. 17 the task of the State Employment Agency in the area of migration is registering the jobs announced by the employers if the employer intends to employ foreigners. The State Labour Inspectorate subordinated to the Ministry of Welfare monitors and controls compliance with the requirements of legal labour relations and labour protection legal acts. The Legal Aid Administration subordinated to the Ministry of Justice is a direct administration institution that is managing funds intended for legal aid provided by the state and for state compensation to victims. The Legal Aid Administration is providing legal aid provided by the state to persons that, pursuant to the international obligations of the Republic of Latvia, are entitled to legal aid provided by the Republic of Latvia, to foreigners, asylum seekers, refugees and persons that have been granted alternative status in the Republic of Latvia. The Ministry of Health, which is the leading state administration institution in the health sector, 18 approves the list of illnesses and health disorders that may pose a risk to public health and due to which a third-country national may be refused regarding the issue or registration of a residence permit; sets forth the amount of health care services that are available to third-country nationals from the national budget funds. The task of the Ministry of Education and Science is to define the educational institutions that provide general educational opportunities for third-country nationals or stateless persons holding a valid residence permit, for persons that have acquired refugee or alternative status as well as for minor asylum seekers. 19 The task of the January 2004 Cabinet Regulation No. 49 "By-laws of the Ministry of Welfare". -Latvijas Vēstnesis, No. 16, [entered into force on ] March 2010 Cabinet Regulation No. 271 "By-laws of the Ministry of Economics". -Latvijas Vēstnesis, No. 49, [entered into force on ] July 2003 Cabinet Regulation No. 425 "By-laws of the State Employment Agency". -Latvijas Vēstnesis, No. 201, [entered into force on ] April 2004 Cabinet Regulation No. 286 "By-laws of the Ministry of Health". -Latvijas Vēstnesis, No. 60, [entered into force on ] 19 Education Law. - Latvijas Vēstnesis, No. 343/344 (1404/1405) [entered into force on ]

11 11 National Centre for Education 20 subordinated to the Ministry is to perform the examination of the official language fluency of those foreigners who are entitled to claim a permanent residence permit and permanent resident status of the European Union. Regulating of the issues related to the integration of immigrants is within the competence of the Ministry of Culture 21. The Ministry of Culture is developing and implementing the national policy in the society integration area and contributing to the development of civil society and intercultural dialogue, it is coordinating the perfection of the support system to promote the successful integration of immigrants into society, implemented supervision of the European Integration of Third-Country Nationals Fund and is the delegated authority of the Asylum, Migration and Integration Fund ( ) in Latvia. Besides the already mentioned institutions, one must also note the national security institutions (Constitution Protection Bureau, Safety Police and State Police), courts (Supreme Court Senate, Administrative District Court, Administrative Regional Court, courts of first instance of the respective administrative area), the Ombudsman's Office and the municipal Orphan's Courts, which are also involved in the area of migration and asylum. The national security institutions are taking preventive measures, ensuring the exchange of information, coordinating the decisions on both issuing visas to citizens of countries subject to the risk of illegal migration and terrorism and issuing/not issuing/cancellation of residence permits. The courts are providing for the control of legality of decisions made by the Office of Citizenship and Migration Affairs and the State Border Guard. The Ombudsman's Office is monitoring compliance with human rights in the process of compulsory return. In monitoring the process of compulsory return the Ombudsman has the right to involve the associations or foundations, the objective of which is related to the monitoring of this process. The municipal Orphan's Courts shall assign a representative for a minor foreigner, who is not accompanied by parents, including minor asylum seekers. To coordinate cooperation and provide for successful operation of all institutions involved in the control of migration processes, several working groups have been formed: a) Visa working group 22, the tasks of which include: to enhance and improve the operation of institutions involved in issuing visas by ensuring their coordinated and concerted action; June 2009 Cabinet Regulation No. 682 "By-laws of the National Centre for Education". -Latvijas Vēstnesis, No. 103, [entered into force on , applicable as of ] April 2003 Cabinet Regulation No. 241 "By-laws of the Ministry of Culture". -Latvijas Vēstnesis, No. 70, [entered into force on ] 22 7 August 2002 Ordinance of the Prime Minister No. 254 "Regarding establishment of the visa working group". - Latvijas Vēstnesis, No. 114, [entered into force on ]

12 12 to analyse the migration trends; to assess the compliance of the relevant legal acts of the Republic of Latvia to the requirements of the legal acts of the European Union in the area of visas, the international obligations of Latvia and the national and security interests of the country, to coordinate the work of institutions involved in the migration process and membership of the European Union Council of Ministers working groups; to develop proposals for development of the migration process control information system; to analyse the visa issuance process, to improve and optimise the issuing and control of visas. The working group includes representatives of the Office of Citizenship and Migration Affairs, the State Border Guard and the Consular Department of the Ministry of Foreign Affairs. b) The joint Latvian-Russian working group on the issues of fighting illegal migration 23. Coordination of activities of the working group is implemented from the Latvian side by the Ministry of the Interior of the Republic of Latvia (representatives from the Ministry of the Interior, Office of Citizenship and Migration Affairs and State Border Guard) and the Ministry of Foreign Affairs, while from the Russian side by the Federal Migration Service. The objective of the establishment of the working group is to improve the coordination of activities of the Republic of Latvia and the Russian Federation in the area of the prevention and combating of illegal migration, including strengthening of cooperation of competent institutions of both countries in this area. c) Inter-institutional working group for developing the reception system for asylum seekers in Latvia 24 developed a model for the reception of asylum seekers from other countries as well as for the integration of persons that have obtained refugee and alternative status in Latvia. The Action plan for the relocation and receipt in Latvia of persons in need of international protection 25 was approved at the end of The objective of the plan is to create a system appropriate for the conditions in Latvia for the reception of asylum seekers as well as social and economic inclusion of persons that have obtained refugee and alternative status. It is a description of systematic action that determines the involvement of a number of ministries and institutions subordinated to September 2005 Cabinet Regulation No. 709 "Regulation regarding the protocol of the Government of the Republic of Latvia and the Government of the Russian Federation regarding establishing the joint Latvian-Russian working group on the issues of fighting illegal migration". -Latvijas Vēstnesis, No. 147, [entered into force on ] 24 Ordinance of the Prime Minister No. 306 "Regarding the working group" Latvijas Vēstnesis No. 142, Ordinance of the Prime Minister No. 759 "Action plan for relocation and receipt in Latvia of persons in need of international protection" - Latvijas Vēstnesis No. 238,

13 13 them in the process of relocation and accommodating persons from the beginning, the activities to be taken in the countries where the persons are located, up to the social and cultural integration of persons that have obtained refugee or alternative status. Parallel to these coordinating working groups, meetings of representatives from all institutions involved in the control of migration processes are held on a regular basis, during which topical problem issues are addressed to reach an agreement on the most rational and efficient solution in each case. 2.2.Legal framework Drafts of both the external (such as laws, Cabinet Regulations) and internal (such as rules, regulations) legal acts in the area of migration and asylum are mainly proposed by the leading state administration institution in the area of migration and asylum, the Ministry of the Interior and its subordinated Office of Citizenship and Migration Affairs and State Border Guard. The prepared draft of a development planning document 26, draft external legal act 27, draft internal legal act 28 or draft document of the official opinion of Latvia 29 (hereinafter the draft), after its reconciliation within the institution and/or the Ministry, is filed by the State Secretary of the Ministry of the Interior to the Meeting of State Secretaries where the draft is announced and substantively discussed. The Meeting decides on the further advancement of the draft, namely its coordination and negotiation. After the announcement of the draft, the Ministry of the Interior shall coordinate it with those ministries and other institutions as identified in the minutes of the Meeting of State Secretaries. If the Ministry of the Interior is not including the opinions of other ministries or is including them partially, an interministerial (inter-institutional) meeting is held. If other institutions have supported the draft without objections or have only expressed recommendations in their opinions, the draft is deemed coordinated and the Ministry of the Interior shall prepare the draft for submission to the Cabinet meeting. If no agreement is reached about the draft in the Meeting of State Secretaries, the draft is considered in the Cabinet Committee meeting. Each draft reviewed at the meeting is discussed as to the merits, all issues and aspects related to the acceptance of the draft are comprehensively reviewed and discussed, the result to be achieved is assessed as well as inaccuracies are 26 In accordance with the Development Planning System Law, a development planning document can be a policy planning document, an institution management document, a territorial development planning document. 27 In accordance with the Rules of Procedure of the Cabinet, the external legal act can be an international treaty or its draft, a draft law, draft resolution of the Saeima and a Cabinet regulation. 28 In accordance with the Rules of Procedure of the Cabinet, the internal legal act of the Cabinet can be a Cabinet instruction, recommendations, protocol resolution, ordinance, information report. 29 In accordance with the Rules of Procedure of the Cabinet, the document of the official opinion of Latvia can be the national position or attitude.

14 14 eliminated. Consequently, the drafts that have been supported at the Cabinet Committee meeting are usually adopted at the Cabinet meeting without repeated discussion. The decisions at the Cabinet meeting are adopted in the procedure set forth by the Structure of Cabinet Law. Advancement of draft policy planning documents and draft legal acts is schematically depicted in Annex 3. The draft law supported by the Cabinet of Ministers is sent to the Saeima. The course of adoption of the draft law in the Saeima is schematically depicted in Annex 4. Legal regulation of the area of migration and asylum in Latvia is formed by the aggregate of legal acts, the development of which was initiated after the restoration of independence of Latvia. Legal acts are available on the portal The Law on the Status of a Long-Term Resident of the European Union in the Republic of Latvia 30 determines the procedure of granting and withdrawal of the status of a permanent resident of the European Union in the Republic of Latvia pursuant to Council Directive 2003/109/EC of 25 November The Immigration Law 32 and its underlying Cabinet Regulations set forth the procedure of entry, stay, transit, exit and detention of foreigners as well as the procedures of how foreigners are kept in detention in the Republic of Latvia and expelled from it to ensure implementation of a migration policy corresponding to international law and the national interests of Latvia. The Asylum Law 33 and its underlying Cabinet Regulations provide for the rights of persons to asylum in the Republic of Latvia, to obtain the status of refugee or alternative status, or temporary protection. In response to the rapid influx of migrants in individual countries and through Latvia's decision to assume joint and several responsibility in solving the migration crisis, the Action plan for the relocation and receipt in Latvia of persons in need of international protection was developed at the end of The plan has three parts, and the first describes the selection of persons, their moving and relocation. This stage involves the Ministry of the Interior and its subordinated institutions - OCMA, SBG, SP, as well as the Ministry of Welfare and the Ministry of Culture are providing information on social and economic conditions in Latvia, culture and 30 Law on the Status of a Long-Term Resident of the European Union in the Republic of Latvia. - Latvijas Vēstnesis, No. 107, [entered into force on ] 31 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents Official Journal L 016, Immigration Law. - Latvijas Vēstnesis, No. 169, [entered into force on ] 33 Asylum Law. Latvijas Vēstnesis, No. 2, [entered into force on ] 34 2 December 2015 Cabinet Regulation No. 759 "Action plan for the relocation and receipt in Latvia of persons in need of international protection" - Latvijas Vēstnesis No. 238, [in force as of ]

15 15 other aspects. The second part describes the reception and accommodation of asylum seekers and related aspects. The ones involved in these activities more directly are the Ministry of the Interior and its subordinated institutions: SBG, OCMA, SEA, SP, as well as the Ministry of Justice and the Ministry of Health. The last part of the action plan describes the social and economic inclusion measures. Latvian language training is provided, training courses on Latvian culture, courses on job opportunities in Latvia, assistance of the social worker and social mentor for the asylum seeker to adapt to the society and the labour market, and other activities that are related to social and economic inclusion. Ministries of Welfare, Culture and Education get involved in the implementation of this part of the plan, however, many activities are also carried out by the Ministries of the Interior, Justice, Environmental Protection and Regional Development, Ministry of Economics, the Union of Latvian Local Governments and non-governmental organisations.

16 16 3. DEVELOPMENT OF THE MIGRATION AND ASYLUM SYSTEM The start of development of the migration system in Latvia relates both to the period of World War I and the first period of independence of the Republic of Latvia from 1918 to 1940, when economic growth brought about a situation when the government was keen to attract migrant workers that were employed in agriculture in the new and old farms. At the end of the 1930-ties, involving migrant workers from Poland and Lithuania was an acceptable process. In its essence, this example that migrant workers had facilitated access to the acquisition of the citizenship of Latvia demonstrates the rather liberal approach to migration issues at that time. Based on the secret additional protocol of the Molotov-Ribbentrop Non-Attacking Pact of 23 august 1939, in the summer of 1940 the Union of Soviet Socialist Republics (USSR) occupied and incorporated Latvia into the USSR. This was done formally by a so-called People's Saeima of Latvia Declaration of the Accession of Latvia to the USSR of 21 July When Latvia was a part of the USSR, it had a considerable numerical prevalence of immigration over emigration (see Chart 3-1). Chart 3-1 Transnational long-term migration of population, annual average, Immigration per annum Emigration per annum Net migration 35 The Union of Soviet Socialist Republics. 36 Declaration of the Accession of Latvia to the USSR of the so-called People's Saeima of Latvia. Restoration of Soviet power in Latvia and the accession of the Latvian SSR to the USSR. Documents and materials. - Riga: Zinātne, 1987, 207 pages.

17 17 Numerical prevalence of immigration is explained by the active Russification policy practiced by the USSR as well as the economic development strategy of the USSR, therefore already towards the end of the 50-ties of the 20th century the proportion of other nationalities in major Latvian cities exceeded 50% 37. The great migration flows from other Soviet republics during the last decades of Soviet power created a situation in Latvia where the society was formed by two communities similar in numbers numerically: Latvian and Russian-speaking. Migration policy started to form in Latvia in the late 1980s. The growing dissatisfaction among the population with the influx of immigrants from the territories of the USSR was a prerequisite to the adoption of restrictive migration laws and regulations. Real work in the regulation of migration processes in Latvia could only be started after the renewal of national independence, 38 the first decisions in the field of migration following the regaining of independence were already adopted by the Supreme Council and the Council of Ministers of the Republic of Latvia in 1991, in order to ensure the strengthening and preservation of national independence. A Migration Department 39 was formed under the authority of the Cabinet of Ministers in 1991, which dealt with migration issues. One of the first legal acts drafted by the Migration Department was the decision regarding the termination of temporary registration of residence of immigrants 40 whereby the registration of residence of persons coming from other territories in the Republic of Latvia was terminated. This decision resulted in a decline of immigration flows (see Chart3-2). 37 Data of the Central Statistical Bureau. 38 Latvia renewed independence on 21 August March 1991 decision of the Supreme Council "On the establishment of the Council of Ministers of the Republic of Latvia Migration Department". - Ziņotājs, No. 21, October 1991 decision of the Council of Ministers No. 266 "On the temporary suspension of the registration of residence of immigrants". - Ziņotājs, No. 7,

18 Chart3-2 Transnational long-term migration of population, Immigration per annum Emigration per annum Net migration Large emigration flows during the period from 1991 to 1997 are explained by the armed forces attributed to the jurisdiction of the Russian Federation moving out of the territory of Latvia. During the period from 1991 to 1997, about 10, military personnel and their family members left Latvia. The long-term migration of population for the period from 2000 to 2010 has been recalculated taking into account the information about unregistered emigration summarised during Census The emigration flow started growing rapidly from 2008, when the economic crisis began, and it reached the highest indicator in There are about 370 thousand nationals of Latvia currently living abroad. The Remigration Activity Plan for developed in 2013 under the auspices of the Ministry of Economics provides for activities and practical assistance to those nationals of Latvia residing abroad and their family members who are considering or have already decided to return and work in Latvia. 44 Latvia could only start regulating the migration processes after the renewal of national independence. A governmental institution dealing with migration issues was required, so on 19 April 1991, by resolution of the Council of Ministers No. 108, the Republic of Latvia Council of 41 Data source: Central Statistical Bureau. 42 Data source: Office of Citizenship and Migration Affairs 43 Data source: Central Statistical Bureau. 44 Cabinet Regulation No. 356 "Regarding the Reemigration Activity Plan for ", Latvijas Vēstnesis [entered into force on ]

19 19 Ministers Migration Affairs Department was established. Consequently, this date is considered the date of founding the migration service of Latvia. On 2 January 1992 the Migration Affairs Department was included in the Ministry of Justice. On 3 August 1993, by means of the Cabinet resolution the Department was handed over to the Ministry of the Interior. In 1996, the Citizenship and Immigration Department was renamed the Office of Citizenship and Migration Affairs. The Immigration Law was adopted in 2002, which, as amended, is currently in force. Latvia joining the European Union on 1 May 2004 and the accession to the Schengen Agreement on 21 December 2007 are the major events that mainly affected the legal framework of migration issues in Latvia. According to data of the Central Statistical Bureau, the number of permanent residents in Latvia in October 2015 was 1,986,096, of which 288,946 or 14.7% were third-country nationals (including 232,143 non-citizens of Latvia) 45. The data summarised by the Office of Citizenship and Migration Affairs on the number of temporary residence permits issued for the first time from 2006 to 2015 allow the intensity of the migration flow to be analysed (see Chart 3-3). The increase of the number of temporary residence permits issued for the first time since 2010 was facilitated by the amendments to the Immigration Law that introduced a framework that in exchange for three types of investment of a certain amount in commercial companies, real estate or credit institutions third country nationals can obtain a temporary residence permit for up to 5 years. 46 In 2015, however, a decrease in the number of temporary residence permits issued for the first time is evident, which is related to changes in the Immigration Law in The changes increased the threshold for the acquisition of real estate to 250 thousand euros to enable one to obtain a temporary residence permit (previously they were 150 thousand euros). 45 Central Statistical Bureau. Country affiliation of permanent residents in the beginning of the year, available at ikgad iedz iedzskaits/is0090.px/table/tableviewlayout1/?rxid =cdcb978c-22b0-416a-aacc-aa650d3e2ce0 46 Law "Amendments to the Immigration Law". - Latvijas Vēstnesis, No. 74, [entered into force on ]

20 20 Chart 3-3 Temporary residence permits issued for the first time and permanent residence permits, Upon analysing the total number of valid residence permits in Latvia, it can be concluded that both the total number of temporary residence permits (TRP) and the permanent residence permit (PRP) is increasing (see Chart 3-4). The rapid growth in the number of permanent residence permits in 2010 is explained by the fact that residents of Latvia chose to waive the status of a noncitizen of Latvia and to obtain citizenship of the Russian Federation to take advantage of receiving the pension of the Russian Federation, or during a certain period when the Russian Federation is not subjecting non-citizens of Latvia to visa requirements, to use more free travelling opportunities to the Russian Federation. 48 Most individuals with permanent residence permits are Russian citizens, in 2015 it was 81% of the total number of the PRP. The proportion has not changed significantly since 2009, when Russian citizens formed 79% of the total number of PRPs, however, the number of citizens of Russia has increased significantly from 26,790 individuals in 2009 to 41,541 in Also, 56% of the TRP in 2015 are Russian citizens. 47 Data source: Office of Citizenship and Migration Affairs 48 OCMA homepage,

21 21 Valid temporary and permanent residence permits, Valid TRP Valid PRP Total valid RP On 14 September 1994, a specialised structure, the Immigration Police 50 was established within the State Police (at the time, the Police Department) of the Ministry of the Interior. The initial structure of the Immigration Police Authority included the Passport and Visa Control Department, Criminal Police Department and Public Order Police Department. The immigration police group was established within the structure of each territorial police authority. There were Immigration Police officers in every Latvian frontier area that implemented the functions of the operations division, deportation division, passport and visa control division. To ensure the accommodation of detained illegal immigrants until their expulsion, the illegal immigrant temporary residence camp Olaine was established in 1995 within the Immigration Police Authority. From June 2011, the accommodation of detained foreigners is provided for by the State Border Guard detained foreigner accommodation centre in Daugavpils. The following principal tasks were defined for the Immigration Police in fighting illegal immigration: detection and detention of foreigners who have entered the Republic of Latvia illegally; controlling the regime of stay of foreigners; checking travel and residency documents; placement of detained illegal immigrants in detention facilities and their maintenance; deportation of illegal immigrants; convoy of returnees as well as interviewing and identification of asylum seekers. 49 Data source: Office of Citizenship and Migration Affairs September 1994 Cabinet Ordinance No. 418 "Regarding the Immigration Police". - Latvijas Vēstnesis, No. 111, [lost its effect on ]

22 22 At the end of the 20th century, however, illegal immigration in the world and in Europe had become a mass phenomenon, but cross-border organised crime emerged as one of the most advanced and the most profitable criminal activity. In response to such developments, there was a need to specialise immigration controls further: first, by uniting the foreigner control functions and competence of the responsible services on the border and within the country; second, by eliminating the duplication of functions among the authorities of the Ministry of the Interior, the competence of which included combating illegal migration and asylum issues; third, by using the national budget funds for performing these functions more purposefully. Upon implementing these measures, the State Police Immigration Police Authority was reorganised and from 2 January 2002 it was included in the State Border Guard. Thereby the State Border Guard also took over all the defined foreigner residence control tasks throughout the country. The State Border Guard Main Authority Immigration Authority was established. While immigration services/sections were established in each territorial authority of the State Border Guard. Upon improving the operational capacity of the immigration functions, in 2004 the State Border Guard introduced the European Union's fingerprint matching system Eurodac. Upon increasing the control of the conditions for the stay of foreigners and the level of automation of detained foreigner accounting, in the State Border Guard introduced new informational systems: the Registry of Illegal Immigrants and the Foreigners' Residence Period Control System. To strengthen public order in the Schengen area countries, by ensuring the availability of reports to the competent institutions and authorities of Member States, the Schengen information system has been set up. 51 The original Schengen information system (SIS I) was developed as an intergovernmental project and it started operating in SIS I operated until May 2013, when it was replaced by the SIS II (the Schengen countries decided to already create a second generation Schengen information system (SIS II) in December 1996, taking into account the need to add a number of Member States to this information system). The number of persons deported allows the work of the State Border Guard to be assessed and allows the scale of illegal migration to be analysed (see Chart 3-4). 51 Source: Data State Inspectorate

23 23 Chart 3-4 Decisions on Return decisions and Removal orders, Return decisions Removal orders The sharp increase of expulsion decisions starting from 2011 is associated with changes in the Immigration Law, which provide for also issuing the expulsion decisions to those foreigners, whose residence is found illegal upon exiting the country, when crossing the external border. Previously, an administrative penalty was imposed to this group of people, but no expulsion decision was issued. The Latvian asylum system has been created recently, although Latvia has faced the refugee issue in its history several times. Latvia faced asylum issues for the first time after regaining independence, at the end of 1994, when a vessel Katrana ran aground in the Baltic Sea, which was illegally transporting persons, mostly citizens of Middle Eastern and Asian countries. The destination of those people were the Nordic countries where political asylum would be solicited. 53 For further resolution of the situation a special commission was created with representatives from the Latvian Ministries of the Interior and Foreign Affairs, the Human Rights Office and the UN High Commissioner for refugees. With support from the Nordic countries and the UN High Commissioner for refugees, that particular problem of refugees in Latvia was solved 52 Data source: Office of Citizenship and Migration Affairs 53 Paegle D., Gromovs J. Rokasgrāmata darbam ar patvēruma meklētājiem. - Riga: IOM, 26 pages.

24 24 in the autumn of At the same time Latvia had undertaken to ratify the Convention on Refugee Status and to create a system that would provide shelter to persons who require it. The UN Convention on Refugee Status and the Protocol of the Convention on Refugee Status 54 were approved and entered into force in the Republic of Latvia in 1997, and the law On Asylum Seekers and Refugees in the Republic of Latvia was adopted 55. The asylum system in Latvia was formed in 1998, when the legal and institutional framework of the asylum system was created. A series of Cabinet Regulations was adopted in 1998, which established the list of countries where there is no threat of persecution, the procedure of issuing the asylum seeker a refugee identity document, the procedure for the granting of benefits, the procedure for the issue of residence permits, etc. The institutional framework of the asylum system was developed as a centralised system under the supervision of the Ministry of the Interior. The procedure was established that the identification and interviewing of asylum seekers was the responsibility of the State Police, but from 7 December 2001 it is the State Border Guard 56. In January 1998, the Refugee Affairs Centre was established within the Office of Citizenship and Migration Affairs as the first instance for making the decision regarding granting refugee status; in 2005 its name was changed to the Refugee Affairs Department and in 2009 to the Asylum Affairs Division, while a special appellate body, the Refugee Affairs Appeals Council, was established under the Ministry of Justice 57. The asylum seeker accommodation centre Mucenieki was established for the accommodation of asylum seekers and it accommodated the first asylum seekers in December To ensure the compliance of laws of Latvia with the requirements of the European Union acquis, the Asylum Law 58 was adopted, which entered into force on 1 September After Latvia joined the European Union, the number of asylum seekers in Latvia was still small, therefore, upon assessing the efficiency of the asylum system, to provide for the asylum seekers right to effective legal protection, the decision was made to entrust the functions of the Refugee Affairs Appeals Council set forth in the Asylum Law to the Administrative District Court 59, but 54 Law Regarding the Convention on Refugee Status of 28 July 1951 and its Protocol of Refugee Status of 31 January Latvijas Vēstnesis, No. 171, [entered into force on ] 55 Law On Asylum Seekers and Refugees in the Republic of Latvia. -Latvijas Vēstnesis, No. 171/174, [lost its effect on ] 56 Law "Amendments to the Law On Asylum Seekers and Refugees in the Republic of Latvia". -Latvijas Vēstnesis, No. 170, [lost its effect on ] January 1998 Cabinet Regulation No. 26 "By-laws of the Refugee Affairs Appeals Council". -Latvijas Vēstnesis, No. 21, [lost its effect on ] 58 Immigration Law. - Latvijas Vēstnesis, No. 48, [lost its effect on ] 59 Law "Amendments to the Asylum Law". - Latvijas Vēstnesis, No. 98, [lost its effect on ]

25 25 deciding on a repeated application of the asylum seeker if new qualifying circumstances had been discovered - to the Administrative Regional Court. A new Asylum Law was adopted on 17 December It was developed to introduce the following requirements of the EU laws: - Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection 61 (revised version); - Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection 62 (revised version); The law was developed to determine the aspects related to the application of the following Regulations: - Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person 63 (revised version); - Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice 64 (revised version). The new Asylum Law entered into force on 19 January The Law introduces or clarifies the following terms used in the area of asylum according to the definitions in the 60 Asylum Law.- Latvijas Vēstnesis, No. 2, [came into force on ] 61 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (revised version). Official Journal, L 180, Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (revised version). Official Journal, L 180, Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person 64 Regulation (EU) No 26 of the European Parliament and of the Council of 2013 June 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person Official Journal, L 180,

26 26 Directives 2013/32/EU and 2013/33/EU: application for international protection, vulnerable person, asylum seeker requiring specific procedural guarantees, asylum seeker with special reception needs, detention of the asylum seeker, material reception conditions. In 2015 Latvia has made a policy decision regarding the relocation and resettlement of 776 persons from EU Member States and third countries in two years, accordance with the decisions of the EU Council 2015/1523 and 2015/1601. In recent years the number of asylum seekers Latvian has been variable. In 2014 it reached the largest annual number - 364, while in 2015 it dropped to 328 (see Chart 3-5). Chart 3-5 The total number of applications of asylum seekers in Data source: Office of Citizenship and Migration Affairs

27 4. POLICY ORGANISATION Asylum and migration The responsible authority for the implementation of migration and asylum policy in Latvia is the Office of Citizenship and Migration Affairs. The Office of Citizenship and Migration Affairs is performing its functions in cooperation with the State Border Guard, the diplomatic and consular missions of the Republic of Latvia abroad, the Consular Department of the Ministry of Foreign Affairs and other state and local government institutions (see Annex 1). The procedure of entry, stay, transit, exit and detention of foreigners, the procedures of how foreigners are kept in detention in the Republic of Latvia and expelled from it are set forth by the Immigration Law and the underlying Cabinet Regulations. The procedure for granting refugee or alternative status and temporary protection as well as the institutions involved in the asylum procedure and their competence are set forth by the Asylum Law and the underlying Cabinet Regulations Entry procedures Asylum In Latvia, a person shall be considered an asylum seeker, if the person has submitted the application for granting refugee or alternative status in the procedure set forth in the Asylum Law. The asylum seeker shall retain this status until the moment the final decision regarding his/her application has entered into force and become undisputable. Under Latvian law, the asylum procedure is the procedure in which the application of the asylum seeker regarding granting refugee or alternative status is reviewed from its submission to the moment the final decision regarding his/her application has entered into force and become undisputable. The asylum procedure (see Image 4-1) involves the Asylum Affairs Division of the Office of Citizenship and Migration Affairs, the State Border Guard and the Administrative District Court.

28 28 Image 4-1 Procedure of granting international protection Applicant at the border crossing point Applicant in the country STATE BORDER GUARD OFFICE OF CITIZENSHIP AND MIGRATION AFFAIRS ASYLUM AFFAIRS DIVISION - makes the decision regarding accepting the application for examination or - makes the decision regarding refusal to accept the application for examination Decision regarding refusal to grant refugee or alternative status Resolution regarding granting refugee or alternative status STATE BORDER GUARD performs the return Decision is appealed to ADMINISTRATIVE DISTRICT COURT Decision regarding refusal to grant refugee or alternative status Decision regarding granting refugee or alternative statuss STATE BORDER GUARD A person arriving in Latvia to receive asylum and to obtain refugee or alternative status may express the application verbally or submit such in writing to the State Border Guard

29 29 representative. The State Border Guard shall inform that person about the asylum procedure, the asylum-seeker's rights and obligations during such procedure and regarding the competence of institutions involved in the asylum procedure. The State Border Guard shall conduct interviews with the asylum seeker, carry out the identification of asylum seekers, accommodate them in premises intended for that purpose if the asylum seeker is held in detention. The State Border Guard is entitled to detain the foreigner. During detention the foreigner shall be accommodated in the detained foreigners' accommodation centre. A State Border Guard official, when deciding the issue of detention of a foreigner, may decide on humanitarian grounds to apply one of the following alternative means to detention: 1) regular registration in the defined State Border Guard unit; 2) transferring the travel documents and other identification documents held by a foreigner to the State Border Guard official. The State Border Guard shall deliver the available information on the asylum seeker, the information obtained during interviews and the application to the Asylum Affairs Division of the Office of Citizenship and Migration Affairs. The Asylum Affairs Division shall review the application of the person and within five business days shall adopt the resolution regarding accepting the application for review or leaving it without examination; the Asylum Law published by 2016 sets forth that the Asylum Affairs Division shall perform the function of interviewing persons. An application that has been accepted for consideration can be dealt with in the ordinary procedure or the accelerated procedure within the terms set forth in the Asylum Law 66. The decision of the Asylum Affairs Division can be appealed to the Administrative District Court. The decision of the court is final and not appealable. A person, with respect to which the resolution on the refusal to grant refugee or alternative status has been adopted, shall be expelled from Latvia if the person has no other legal reason to stay in Latvia. Expulsion shall be performed by the State Border Guard in the procedure set forth by the Immigration Law, but there is also the possibility of voluntary return to the home country. If an adverse decision has entered into force and become undisputable, the person is entitled to submit a repeated application in the event when the circumstances that were the reason for making the decision have changed in favour of him/her. During the asylum procedure, at certain stages the Orphan's Court and the Legal Aid Administration also get involved. 66 Section 13 of the Asylum Law.

30 30 If the asylum is requested by an unaccompanied minor, the Orphan's Court gets involved in the asylum procedure. The Orphan's Court, taking into account the interests of the minor, decides on the appointment of a minor's representative and accommodation during the asylum procedure. Distribution of competence of the institutions involved in the asylum procedure pursuant to the Asylum Law is provided in the next image (see Image 4-2). Image 4-2 Institutions involved in the field of asylum OFFICE OF CITIZENSHIP AND MIGRATION AFFAIRS a) reviews the applications of asylum seekers; b) conducts interviews of asylum seekers; c) adopts resolutions regarding granting or refusal to grant the status (refugee or alternative; d) accommodates asylum seekers; e) pays per diems to asylum seekers; f) issues identification documents to the refugee and the person that has received alternative status; g) pays benefit (to the refugee and the person that has received alternative status); j) adopts the resolution regarding family reunification (of the refugee and the person that has received alternative status); i) adopts the resolution regarding compulsory return if the resolution regarding refusal to grant the status has been adopted. LEGAL AID ADMINISTRATION Provides legal aid in the process of appeal of the adopted resolution STATE BORDER GUARD a) performs identification of the asylum seeker; b) provides for accommodation of the asylum seeker (if the State Border Guard has detained the person); c) performs detention of the asylum seeker; d) issues identification documents to the asylum seeker; e) issues the return decision for voluntary return; f) performs the resolution regarding compulsory return if the resolution regarding refusal to grant the status has been adopted. ADMINISTRATIVE DISTRICT COURT Reviews complaints about the resolutions adopted by the Office of Citizenship and Migration Affairs Asylum Affairs Section ORPHAN S COURT Assigns a representative to a minor not accompanied by parents Regional (DISTRICT) COURT Reviews proposal on asylum seeker detention Migration According to the laws of Latvia, the entry procedure is the procedure in which the request of a person for issuing a visa or residence permit is considered from the moment of its filing to making the final decision. A foreigner 67 may reside in Latvia with a visa (up to 90 days within 6 months) or a residence permit. A foreigner, taking into account the purpose of entry, may be issued a uniform visa, visa with a limited territorial validity, airport transit visa (hereinafter the Schengen visa) and a longterm visa. 67 Foreigner - a person who is not a citizen or non-citizen of Latvia. Immigration law, , entered into force on

31 31 A decision on the issue of a Schengen visa or refusal to issue a visa is made in the procedure set forth in the Visa Code. 68 The period of stay under a visa shall not exceed 90 days in any half-year period, from the date of first entry. The period of stay in the Republic of Latvia under a long-term visa may exceed 90 days in any half-year period, from the date of first entry, if it complies with international law, national interests of Latvia or is associated with force majeure or humanitarian considerations. A longterm visa is issued in the procedure set forth in the Immigration Law. A Latvian diplomatic or consular mission abroad shall issue a long-term visa with the term of stay not exceeding 30 days to a foreigner who requires a visa for entry into the Republic of Latvia and his/her purpose of entry is receiving a residence permit in the Republic of Latvia, on the basis of the decision made by the Office of Citizenship and Migration Affairs regarding the issue of the residence permit 69. According to their competence 70, visas are issued by Latvian diplomatic or consular missions abroad, the Office of Citizenship and Migration Affairs, the State Border Guard and the Consular Department of the Ministry of Foreign Affairs (see Image 4-3). According to their competence, visas are extended by the Office of Citizenship and Migration Affairs or the Consular Department. 68 Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) - Official Journal, L 243/1, [applicable as of ] 69 Pursuant to Paragraph 20 of the 30 August 2011 Cabinet Regulation No. 676 "Visa regulations": Latvijas Vēstnesis, No. 144, [entered into force on ] 70 Pursuant to Paragraph 5 of the 30 August 2011 Cabinet Regulation No. 676 "Visa regulations": Latvijas Vēstnesis, No. 144, [entered into force on ]

32 32 Image 4-3 Institutions involved in the field of issuing visas OFFICE OF CITIZENSHIP AND MIGRATION AFFAIRS a) coordinates visa policy; b) adopts resolutions on invitation issues; c) adopts resolutions on visa issues (entry and transit visas, except diplomatic and service visas); d) issues single, dual and multiple entry visas; i) develops draft legal acts in the area of visas. CONSULAR DEPARTMENT OF THE MINISTRY OF FOREIGN AFFAIRS a) implements visa policy in issues regarding the abolition of the visa regime; b) issues long-term visas with a note Diplomatic Visa and Service Visa ; c) develops draft legal acts in the area of visas. STATE BORDER GUARD In the places of border crossing, issues unified visas and visas with limited territorial validity, and visas with a note Service Visa, Diplomatic Visa based on the request of the Consular Department. DIPLOMATIC AND CONSULAR MISSIONS ABROAD a) perform inspection of documents submitted for receipt of a visa, implement visa policy in issues regarding the abolition of the visa regime; b) adopt resolutions on visa issues; c) issue single, dual and multiple entry visas. NATIONAL SECURITY INSTITUTIONS a) carry out prevention activities; b) exchange information; c) coordinate the resolution regarding approval/ disapproval of invitations and issuing/not issuing visas for citizens of countries posing a risk of illegal immigration and terrorism. STATE EMPLOYMENT AGENCY Registers an available job. Upon requesting a visa for entry into Latvia, foreigners must submit a visa application form, a photograph, must present a valid travel document recognised in Latvia 71 and a health insurance policy 72, the necessary financial means to stay in Latvia and to return to the country of origin, 73 as well as a document justifying the purpose of entry and the place of stay, or a written request 74 or an invitation. 75 It is possible to use the E-questionnaire for the receipt of a Schengen visa (accepted in the Latvian missions in Russia, Belarus, Ukraine, Georgia, Azerbaijan, Uzbekistan and Kazakhstan)(see Image 4-4). 71 In accordance with the 29 April 2003 Cabinet Regulation No. 215 "Procedures for the recognition of travel documents of foreigners". Latvijas Vēstnesis, No. 65, [entered into force on ] 72 In accordance with the 28 July 2008 Cabinet Regulation No. 591 "Regulations for health insurance of foreigners". - Latvijas Vēstnesis, No. 117, [entered into force on ] June 2010 Cabinet Regulation No. 550 "Regulations regarding the amount of necessary financial means for a foreigner and procedures for the determination of the existence of financial means". - Latvijas Vēstnesis, No. 100, [entered into force on ] 74 Pursuant to the Immigration Law, a written request is a document, in which an inviter undertakes the obligations laid down in this Law in relation to the foreigner invited by him or her to reside in the Republic of Latvia (with a visa). The written request should be sent to the foreigner, so it can be produced to the Embassy. 75 Pursuant to the Immigration Law, an invitation is a document, in which an inviter undertakes the obligations laid down in this Law in relation to the foreigner invited by him or her to reside in the Republic of Latvia with a visa. The invitation is registered in the Invitation Database introduced on 1 February 2003.

33 33 The inviter executes an invitation in the Office of Citizenship and Migration Affairs (if such is required) Image 4-4 The procedure for obtaining a visa The invited foreigner submits: a) a valid travel document; b) a completed and signed visa questionnaire; c) one photograph; d) a copy of the document that confirms that he/she holds a health insurance policy; e) documents justifying the purpose and place of entry and stay or informing about the approved invitation that has been registered in the data base of invitations, or a written request executed in the procedure set forth by legal acts; f) a document confirming payment of the state fee. Office of Citizenship and Migration Affairs issues all types of unified visas, visas with limited territorial validity and long-term visas, and visas with a note Service Visa, Diplomatic Visa based on the request of the Consular Department. Consular Department of the Ministry of Foreign Affairs issues all types of unified visas, visas with limited territorial validity and visas with a note Diplomatic Visa, Service Visa. Institutions issuing visas Diplomatic and consular missions of Latvia issue visas of all types and categories, including visas with a note Diplomatic Visa, Service Visa. State Border Guard, in the places of border crossing, issues unified visas and visas with limited territorial validity, and visas with a note Service Visa, Diplomatic Visa based on the request of the Consular Department. Visa issued Biometric data of the person is acquired during a visa procedure that is subsequently included in the Visa Information System (VIS). This procedure is simple and discreet, it only takes a few minutes. Biometric data is added to the data that is submitted with the visa application. Ten fingerprints are taken during the procedure. This procedure is not carried out on persons up to 12 years old, persons who are physically impossible to fingerprint, the heads of states and members of the government, the purpose of entry of which is an official visit. 76 Visas for entering Latvia can be obtained in Latvian diplomatic or consular missions abroad. In some cases, if it is in the interest of the Latvian state, in cases of force majeure or for humanitarian reasons, single individual transit visas and short-stay visas may be requested at the state border control posts of the Republic of Latvia. Foreigners may also be issued a visa for entering Latvia in diplomatic and consular missions of other Schengen Member States with which Latvia has entered into an agreement for such representation in issuing visas. 76 Biometric Data Processing System Law - Latvijas Vēstnesis, No. 90, [entered into force on ]

34 34 A decision on the issue of a long-term visa shall be made within 15 days after submitting all documents. If additional information is required for issuing a long-term visa or consultations set forth in Part Two of Article 17 of the Schengen Convention with the competent authorities of the Republic of Latvia or other Schengen Member States, a decision shall be made within 60 days. The invitation is mandatory if the individual or the legal entity is to be regarded as the employer according to the law On State Social Insurance 77 and intends to employ the foreigner by entering into an employment agreement or work performance agreement. The invitation is registered in the Invitation Register and it is a document justifying the purpose of entry and stay. Administration of invitations is performed electronically and the Invitation Register is available at all missions of the state abroad. A foreigner is entitled to appeal the decision regarding annulment or cancellation of the Schengen visa, which is executed in accordance with the requirements of the Visa Code, within 30 days after the date of entry into force of this decision. A foreigner is entitled to appeal the decision regarding the contested administrative act to the Administrative District Court. The court adjudication is final and not appealable. Challenging and appealing the above decision shall not suspend its operation. Filing of an application with the court does not create a right of the foreigner to enter and reside in the Republic of Latvia. The decision regarding annulment or cancellation of a long-term visa is not challengeable or appealable as well as the official is not obligated to provide explanations on the reasons for the annulment or cancellation. The State Border Guard controls the entry, residence, exit and transit of foreigners in the territory of the Republic of Latvia. The State Border Guard has the right to adopt a decision on refusing the foreigner entry to the Republic of Latvia in accordance with Article 13 of the Regulation of the European Parliament and of the Council of 15 March 2006 No. 562/ In 2015, the State Border Guard adopted 869 decisions on refusing entry of a foreigner to Latvia, in ,942, but in ,946 decisions. 79 The amount of visas issued indicates that since 2008 the number of incoming persons has increased. This is explained by the development of the Latvian tourist industry during these years. (see Chart 4-1). A decline in the number of visas issued is evident in 2015, which is related to a 77 Published: Latvijas Vēstnesis, No. 274/276, [entered into force on ] 78 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). - Official Journal L 105/1, Data source: State Border Guard.

35 35 reduction in the number of incoming persons from Russia. According to the data of the Central Statistical Bureau, the number of tourists from Russia in 2015 decreased by 31.5% Chart 4-1 The number of issued entry visas, Reception conditions A wide range of public authorities and individual municipalities are involved in the area of the reception of foreigners. Cooperation in these issues is coordinated by the Office of Citizenship and Migration Affairs Asylum The State Border Guard and the Office of Citizenship and Migration Affairs are the governmental institutions that coordinate the cooperation between the state and local government authorities involved in the reception of asylum seekers. The institutions involved are the Ministry of the Interior, Ministry of Education and Science, Ministry of Culture, Ministry of Justice, Ministry of Welfare, Ministry of Environmental Protection and Regional Development, Ministry of Economics, State Employment Agency, Latvian Association of Local and Regional Governments, Orphan's Courts and non-governmental organisations. 80 Source: Central Statistical Bureau 81 Data source: Office of Citizenship and Migration Affairs

36 36 Taking into account the activities set forth in the Asylum Law and the time limits provided to make a decision on granting refugee or alternative status or refusal to grant it, it is considered that the asylum procedure is relatively short. For example, examination of the asylum application in the normal procedure in both the Office of Citizenship and Migration Affairs and the Administrative District Court together lasts for about 8 to 9 months. The term of making the decision also includes the activities performed by the State Border Guard identification, as well as interviewing performed by the Office of Citizenship and Migration Affairs and the time intended for appealing the decision. Where the asylum seeker does not have sufficient resources to receive legal aid, the Legal Aid Administration provides legal assistance in the drafting of procedural documents, legal advice during the administrative procedure, as well as representation in the administrative process. In light of the low number of asylum seekers in Latvia, the number of cases when legal assistance is provided to asylum seekers is small. In 2015, the Legal Aid Administration provided legal assistance in 80 cases. 82 The Asylum Seeker Accommodation Division that is managing the asylum seeker accommodation centre Mucenieki provides for the accommodation of asylum seekers during the asylum procedure. The local government Orphan's Court appoints a guardian for an unaccompanied minor. During the asylum procedure the unaccompanied minor may be represented in the personal and property relations by: the Orphan's Court, a guardian appointed by the Orphan's Court or the Head of a child care institution. The Orphan's Court, taking into account the best interests of the child, decides on the accommodation of the unaccompanied minor in the asylum seeker accommodation centre, with the guardian or in the child care institution. In relation to the development of the new Asylum Law, the participating institutions particularised the mutual distribution of duties and functions in working with unaccompanied minors (family search the appointment of the guardian, accommodation, funding for accommodation, education, etc.) by paying particular attention to identifying unaccompanied minors who might be victims of human trafficking. Statistics show that from 2009 to 2014 a total of 11 unaccompanied minors applied for asylum, but there is a rapid increase in 2015 compared to previous years - 12 unaccompanied minors. The Ministry of Education and Science determines the educational institutions that provide general education opportunities for asylum seekers. A minor asylum seeker can acquire education in the local government or state educational institution. Primary and secondary 82 Legal Aid Administration

37 37 education in Latvia is free of charge. Preparation of the child for acquiring primary education from the age of five and the acquisition of primary education or continuing the acquisition of primary education up to 18 years of age is mandatory. Amendments to the Education Law 83 made in 2010 strengthened the right to a free general education for all minor third country citizens and set forth that a minor asylum seeker has the right to primary education and secondary education as well as the right to continue the started education after reaching maturity. The residence permit and identity documents of the refugee and the person that has been granted alternative status are issued by the Office of Citizenship and Migration Affairs. A refugee is issued a permanent residence permit, the person that has been granted alternative status is issued a temporary residence permit for one year, with the right to extend the temporary residence permit for another year Migration The largest number of institutions is involved in the field of the reception of foreigners: the Office of Citizenship and Migration Affairs, the State Border Guard, diplomatic and consular missions of the Republic of Latvia abroad, national security authorities, the State Employment Agency, the State Labour Inspectorate, the Ministry of Health, the National Centre for Education, local governments as well as the court. The Office of Citizenship and Migration Affairs coordinates the migration processes, performs accounting of foreigners, makes decisions on residence permit issues, grants the right to employment and residence permits. Latvia diplomatic and consular missions abroad accept the documents and interview foreigners who have filed a request for the issue of a residence permit, and issue a long-term visa for entry into Latvia so that the foreigner may receive a residence permit. in Latvia. The State Border Guard performs control of the residence and employment of foreigners The State Employment Agency registers free jobs announced by the employers if the employer intends to employ a third-country national. The State Labour Inspectorate monitors and controls compliance with the requirements of legal labour relations and labour protection legal acts. The Ministry of Health approves the list of illnesses and health disorders that could pose a threat to public health. 83 Law "Amendments to the Education Law". - Latvijas Vēstnesis, No. 47, [entered into force on ]

38 38 The National Centre for Education performs an examination of the official language fluency of foreigners who are entitled to claim a permanent residence permit. The national security authorities take preventive measures to prevent the threat of illegal migration and terrorism. The courts are providing for the control over the legality of decisions made by the Office of Citizenship and Migration Affairs and the State Border Guard. There are two types of residence permits issued in Latvia: temporary and permanent residence permits. Both types of residence permit are issued, registered and annulled by the Office of Citizenship and Migration Affairs. Documents for requesting the residence permit are filed by the foreigner in person or by the authorised representative of the foreigner, or by the inviter. The general requirement concerning the submission of documents provides that documents must be filed with the Latvian diplomatic or consular mission abroad, however certain exceptions have been set forth in legal acts 84 allowing foreigners to file the documents with the Office of Citizenship and Migration Affairs in several cases. It basically applies to nationals of such countries, the citizens of which do not need a visa for entry as well as foreigners who have received visas and the right to employment in Latvia. To request a residence permit, a foreigner must have sponsorship 85 approved in the Office of Citizenship and Migration Affairs. Persons who are exempt from the requirement to submit sponsorship are those who are requesting a residence permit as an individual merchant, a selfemployed person, the only official with representation rights of a merchant registered in the Commercial Register, a foreigner who requests or wishes to register a permanent residence permit, who is a guardian or custodian of a citizen or non-citizen of Latvia, a person who has received alternative status and temporary protection, etc. 86 To receive a residence permit, the foreigner must produce a valid travel document and submit a questionnaire of a certain form; a photograph; a certificate of criminal record (only citizens of those countries that require a visa for entry into the Republic of Latvia); a document certifying the necessary provision for subsistence; a document certifying the intended place of residence in Latvia and a document certifying payment of the state fee. Upon receipt of the 84 The range of persons is defined in Paragraphs 3 and 4 of the 21 June 2010 Cabinet Regulation No. 564 "Regulations regarding residence permits". Published: Latvijas Vēstnesis, No. 101, [entered into force on ] 85 Sponsorship is a document, in which an inviter undertakes the obligations laid down in this Law in relation to the foreigner invited by him or her to reside in Latvia with a residence permit. 86 The range of persons is defined in Paragraph 7 of the 21 June 2010 Cabinet Regulation No. 564 "Regulations regarding residence permits".

39 39 residence permit, a foreigner shall present a valid health insurance policy and a statement regarding the state of health. 87 Depending on the expected purpose of stay of the foreigner 88 in Latvia (family reunification, employment or other purpose (studies, treatment, religious activities)), they must also submit additional documents 89 confirming such purpose. Upon verifying compliance with the conditions of admission, the Office of Citizenship and Migration Affairs shall assess the documents filed as well as acquire the information necessary for the adoption of the decision and shall perform checks by using the details accumulated in the information systems of other governmental institutions (State Employment Agency, Register of Enterprises, State Revenue Service, State Land Service, etc.). A decision on the issue of the residence permit is taken after an examination of all the submitted documents: within 30 days, if the documents have been filed to receive a temporary residence permit; within 90 days, if the documents have been filed to receive a permanent residence permit. 90 The decision is issued to the person if the documents for receipt of the residence permit have been filed in Latvia. While if the documents have been filed with the Latvian diplomatic or consular mission abroad, the decision is sent to the mission. After the receipt of a positive decision, the Latvian diplomatic or consular mission shall issue the foreigner a category D visa (Latvian National Visa) with a term of validity of up to 30 days 91, during which the foreigner must arrive in Latvia, the Office of Citizenship and Migration Affairs, to personally receive a residence permit. A decision on the issue of the residence permit is valid for three months. If the residence permit is not received within this period, the foreigner must file the documents for requesting the residence permit repeatedly. The decision of the official of the Office of Citizenship and Migration Affairs can be challenged to a higher official in the institution; the decision of the highest official can be appealed to a court in the procedure set forth in the legal acts of Latvia. The procedure for the issue of residence permits is displayed in the next image (see Image 4-5). 87 Pursuant to Paragraph 73 of the 21 June 2010 Cabinet Regulation No. 564 "Regulations regarding residence permits". 88 The reasons for the entry are discussed in Section 23 of the Immigration Law. 89 Additional documents are specified in Chapters IV, V, VI of the 21 June 2010 Cabinet Regulation No. 564 "Regulations regarding residence permits". 90 Pursuant to Section 33 of the Immigration Law. 91 Pursuant to Paragraph 20 of the 30 August 2011 Cabinet Regulation No. 676 "Visa regulations".

40 40 Image 4-5 Procedure of issue of the residence permit The inviter The invitation is executed and other required documents are submitted Diplomatic and consular missions of Latvia D category visa is issued Base on submitted documents, the Office of Citizenship and Migration Affairs adopts the resolution to grant the residence permit A third country national goes to Office of Citizenship and Migration Affairs to finalize a residence permit Legal residence There are two types of residence permits issued in Latvia: temporary and permanent residence permits. A temporary residence permit, the term of validity of which exceeds one year, shall be registered annually, while the permanent residence permit shall be registered every five years. 92 A person that has been granted refugee status is issued a permanent residence permit free of charge, while a person that has been granted alternative status is issued a temporary residence permit for one year. If a person makes an application for an extension of term and those conditions that were the basis for the receipt of the status are still valid, a new temporary residence permit is issued for one year. 93 In accordance with Cabinet Regulation No. 457 "Regulations regarding the benefit for a refugee and person that has been granted alternative status", benefit in the amount of EUR 139 is paid for the first 12 months if the person has no other source of subsistence, while a person that has been granted alternative status may only qualify for the respective benefit for 9 months. The allowance for learning the official language in the amount of EUR per month is provided during the respective periods as well. 92 Pursuant to Part Two of Section 22 of the Immigration Law. 93 Pursuant to Section 36 of the Asylum Law.

41 41 The refugee and the person that has been granted alternative status has the right to work for any employer in Latvia and no work permit is required. The right to receive social services and social assistance, including social assistance benefit, is enjoyed by citizens and non-citizens of Latvia and third-country nationals that have received the permanent residence permit, as well as persons that have received alternative status. 94 Amendments to the Law On Social Services and Social Assistance regarding the persons that have received alternative status entered into force on 2 December 2015, before that persons with alternative status had more limited opportunities to receive social assistance. 95 Latvian citizens, non-citizens, foreigners and stateless persons to whom a personal identity number has been granted and who permanently reside in the territory of Latvia have the right to state social allowances. Persons who have received a temporary residence permit in Latvia do not have the right to state social allowances. 96 If a foreigner wants to request a permanent residence permit then, upon submitting the necessary documents, the person must also produce a certificate attesting mastering the Latvian language. 97 A foreigner is entitled to receive the permanent residence permit or the status of a longterm resident of the European Union, if he or she has acquired at least in Grade 2 of the basic (lowest) level (A2) in the official language. The examination shall not be taken by persons who have acquired primary, secondary or higher education in accredited programmes in the Latvian language; who have taken a centralised examination in the Latvian language as certified by a certificate of basic education or general secondary education; who have certain functioning limitations related to the state of health or diagnoses. The examination with exemptions shall be taken by persons with functioning limitations related to the state of health. 94 Pursuant to Section 3 of the Law On Social Services and Social Assistance. Published: Latvijas Vēstnesis, No. 68, [entered into force on ] 95 Amendments to the Law On Social Services and Social Assistance. - Latvijas Vēstnesis No. 235 (5553) [entered into force on ] 96 Pursuant to Parts One and Two of Section 4 of the Law on State Social Allowances. Published: Latvijas Vēstnesis, No. 168, [entered into force on ] 97 Pursuant to Paragraph 35 of the 21 June 2010 Cabinet Regulation No. 564 "Regulations regarding residence permits". 98 Pursuant to Paragraph 10 of the 7 July 2009 Cabinet Regulation No. 733 "of the provisions of the "Regulations regarding the amount of the knowledge of the official language and the procedures for examination of the knowledge of the official language for the performance of professional duties and duties of office, receipt of the permanent residence permit and obtaining of the status of a long-term resident of the european union and the state fee for the examination of fluency in the official language" Published: Latvijas Vēstnesis, No. 110, [entered into force on ] 99 Grade 2 of the basic level (A2) the person is able to communicate in simple sentences on everyday subjects and professional subjects familiar to him or her, reads and understands simple texts, is able to fill in standard documents, forms, invoices, receipts.

42 42 If the foreigner has failed to learn Latvian to the required level, a person has the right to continue residing in Latvia with a temporary residence permit. A foreigner residing in Latvia with a valid residence permit may submit a request for the issue of a new residence permit at the latest 30 days before the residence permit expires. If the condition, based on which a residence permit was issued, has lapsed, a foreigner must leave Latvia, unless he or she has another basis for requesting a residence permit. A foreigner that has received a residence permit is entitled to reside outside the territory of Latvia by returning only once a year to register the residence permit. Similarly, the foreigner is entitled to sign up for a prolonged absence, which allows staying outside of Latvia for longer while maintaining the residence permit in Latvia. If a foreigner with a valid European Union blue card 100 issued in the Republic of Latvia, wants to change the employer or a foreigner with a valid European Union blue card issued in another European Union Member State has filed the documents for requesting the European Union blue card in the Republic of Latvia, the foreigner concerned and his family members have the right to stay in the Republic of Latvia until the day when the decision regarding granting the European Union blue card or residence permit or a decision regarding refusal to grant the European Union blue card or residence permit is adopted Integration The Ministry of Culture is developing a national policy in the area of public integration and development of the civil society, promoting the formation of a favourable environment for the development of civil society and elimination of racial and ethnic discrimination. The Ministry of Culture is the delegated authority of the Asylum, Migration and Integration Fund ( ) in the area of integration in Latvia. Until 2009, integration was the responsibility of the Secretariat of the Special Task Ministry for Public Integration Affairs, later the integration function was passed to the Children and Family Affairs Ministry, which was simultaneously renamed the Children, Family and Integration Affairs Ministry. With the reorganisation of the Children, Family and Integration Affairs Ministry in May 2009, integration issues were placed under the auspices of the Ministry of Justice. 100 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. -Official Journal L 155,

43 43 On 11 October 2011, the Cabinet approved the Guidelines on National Identity, Civil Society and Integration Policy ( ) 101 (hereinafter the Guidelines). In accordance with these Guidelines, social integration is the inclusion of all people living in Latvia into society, notwithstanding their national belonging and self-identification. The common basis for the integration is the Latvian language, the feeling of belonging to the State of Latvia and its democratic values, respect for Latvia s unique cultural space and development of a shared social memory. The task of integration is also to promote the inclusion of immigrants into society, providing motivating means and opportunities to engage in a cohesive society. The Guidelines provide a broad plan of activities for both making the host society more active and promoting civil liability, and the involvement of different target groups in integration processes. The Action Plan of the Guidelines define activity , which foresees development of the Latvian language training system for persons that have entered Latvia by determining coresponsibility of immigrants and persons that have received international protection in learning the language. Learning the official language is an important precondition of the naturalisation process. The immigration policy of Latvia does not currently provide the mandatory integration and language training obligation, except when it is necessary for meeting the conditions of employment or receipt of a permanent residence permit. The Ministry of Culture is issuing information reports "Regarding implementation of the National Identity, Civil Society and Integration Policy Guidelines for " on a regular basis. The latest report includes findings on areas where better results have been achieved and on the areas that increased attention should be paid to: 102 Areas in which the planned tasks have been reached: strengthening the use of Latvian language in public space; increasing the number of non-governmental organisations; increase of participation of the population in the forms of direct democracy; increase of civil activities of the diaspora - the demand for Latvian language training for children and participation in elections; involvement of third-country nationals in Latvian language training and integration activities; increase of participation of minorities in the process of the Song and Dance Festival October 2011 Cabinet Ordinance No. 542 "Regarding the National Identity, Civil Society and Integration Policy Guidelines for " - Latvijas Vēstnesis, No.167, [entered into force on ] 102 Regarding the assessment of the interim stage of implementation in of the National Identity, Civil Society and Integration Policy Guidelines for , Ministry of Culture,

44 44 Areas that increased attention should be paid to in the future: separation of information space between Latvians and people of other nationalities; maintaining and increasing the level of civic participation; reduction and elimination of discrimination; promoting the naturalisation process; strengthening integration opportunities for third country nationals (immigrants); minority participation in public administration; social memory policy development and implementation. An important integration tool is learning the Latvian language, which promotes integration into local society and the labour market. Until 2015, there were several projects related to Latvian language training funded by the European Third-Country Nationals Integration Fund. Language courses are offered all over Latvia - both in Riga (not just in the city centre, but also, for example, in Pārdaugava and other city districts) and the regions in Liepāja, Ventspils, Daugavpils, Rēzekne, Saldus, Alūksne, Balvi, Jēkabpils, Līvāni, Cēsis, Jelgava, Olaine, Stopiņi. A Latvian language training course is available to the asylum seekers during the asylum procedure, which has been developed by using the funds from the Asylum, Migration and Integration Fund. Learning of the Latvian language is provided for the immigrant children within the Latvian educational programme. When speaking about integration, one should also mention the activities with respect to integration implemented within the Action plan for relocation and receipt in Latvia of persons in need of international protection. Asylum seekers are provided with Latvian language training, training courses on Latvian culture, courses on job opportunities in Latvia, assistance of the social worker and social mentor for the asylum seeker to adapt to the society and the labour market, and other activities that are related to social and economic inclusion Citizenship Legal basis for acquiring, losing and restoring citizenship of the Republic of Latvia is set forth in the Citizenship Law 103 and the underlying Cabinet Regulations. Pursuant to the provisions of legal acts, citizenship of the Republic of Latvia can be obtained by recording the status of a citizen of Latvia, may be granted for special merit to Latvia by the resolution of the Saeima and may be acquired in the naturalisation procedure. 103 Citizenship Law. - Latvijas Vēstnesis, No. 93, [entered into force on ]

45 45 The Citizenship Law was amended in 2013 and it now provides for the retention of citizenship of Latvia for persons who are holding: 1) citizenship of another European Union Member State or the European Free Trade Association Member State; 2) citizenship of another North Atlantic Treaty Organisation (NATO) Member State; 3) citizenship of the Commonwealth of Australia, the Federal Republic of Brazil or New Zealand; 4) citizenship of such country, with which Latvia has entered into an agreement on recognising double citizenship; 5) citizenship of a country not specified above, if, in connection with important national interests, permission of the Cabinet to retain dual citizenship is obtained; 6) citizenship of a country not specified above, if it has been obtained automatically (ex lege), due to marriage or adoption. A foreigner can be admitted to Latvian citizenship in the naturalisation procedure or citizenship of Latvia may be granted to a person by the Saeima on special merits. One of the main conditions for obtaining Latvian citizenship - on the date of filing the naturalisation application the place of permanent residence of the foreigner has been in Latvia for not less than five years. The five-year period is counted from the moment of receipt of the permanent residence permit. Amendments to the Citizenship Law were introduced in 2013, based on which a child that is born after 21 August 1991 and whose parents are stateless persons or non-citizens, is recognised as a citizen of Latvia should one of the parents express such will. 104 To acquire citizenship of Latvia through the naturalisation procedure, one must pass a test of Latvian language fluency and knowledge of the basic principles of the Constitution of the Republic of Latvia, the text of the National Anthem and the history of Latvia, and waive one's previous citizenship. The language fluency test consists of two parts. Listening, reading and writing skills of the applicant are tested in the first part. The applicant receives the examination materials and performs what is required in writing within 90 minutes. In the second part, the applicant's ability to talk about casual subjects is tested during 15 minutes. If the applicant does not pass the language fluency or knowledge test or refuses to answer questions, within the framework of the process of evaluating one application for acquiring the Latvian citizenship he or she may take the language fluency test for a second and third time not sooner than three months after the previous test, but the National Anthem, history and Constitution 104 Citizenship Law. Latvijas Vēstnesis, No. 93 (224), [entered into force on ]

46 46 of Latvia knowledge test may be taken for a second and third time not sooner than one month after the previous test. 105 The persons need not pass the test if they submit the official language skills certificate issued after 1 September 2009 certifying that the applicant has acquired Level B or C in the official language skills test for the performance of professional and office duties, receipt of the permanent residence permit and the acquisition of the status of a long-term resident of the European Union; a document certifying passing the centralised Latvian language examination according to Level A, B, C or D; a document certifying that the person has acquired preliminary, secondary or higher education in the education institution where the language of learning is Latvian. All applicants who have reached the age of 65 only pass the verbal part of the Latvian language skills test. Applications for acquiring Latvian citizenship through naturalisation are accepted from 1 February Statistics on the naturalisation process until 2015 summarised by the Office of Citizenship and Migration Affairs demonstrate that since the beginning of the naturalisation process 143,519 persons have been admitted to the citizenship of Latvia. In recent years, most (98%) of all persons admitted to citizenship of Latvia in the naturalisation procedure are noncitizens of Latvia (see Chart 4-2). In 2014, the Office of Citizenship and Migration Affairs carried out a study regarding the attitude of non-citizens to the acquisition of citizenship of Latvia. One of the findings of the study is that non-citizens feel that they cannot pass the naturalisation exam. It also arises from the study that a quarter of non-citizens are allowing the possibility of naturalisation in the future, however, there is also a portion of non-citizens that are satisfied with the current status (14%), 9% of non-citizens indicated that they don't have time to get naturalised, 19% noted that they should be entitled to citizenship automatically; 17% are expecting for benefits in the procedure of the acquisition of citizenship; 13% pointed out that such status makes it easier to travel to countries of the Commonwealth of Independent States Pursuant to Paragraph 7 of the 5 July 2011 Cabinet Regulation No. 522 "Regulations regarding the testing of fluency in the Latvian language and the knowledge of the basic principles of the Constitution, the text of the National Anthem and the history of Latvia as prescribed by the citizenship law". (Zaudējuši spēku !) Latvijas Vēstnesis, No. 105, [entered into force on ] 106 OCMA study "Attitude of non-citizens of Latvia towards the acquisition of citizenship of Latvia", Riga, 2014.

47 47 Chart 4-2 The number of persons admitted to citizenship of Latvia through naturalisation, Number of candidates for naturalisation Admitted to citizenship of Latvia Access to the labour market The Office of Citizenship and Migration Affairs, the State Employment Agency and the diplomatic and consular missions of Latvia abroad are involved in the process of the employment of third-country nationals. Control over the employment of third-country nationals is the responsibility of the State Labour Inspectorate and the State Border Guard. Legal employment relations in Latvia are regulated by the Labour Law 108 and the provisions of international law binding to Latvia. Foreigners who enter the Republic of Latvia without or with a visa are not allowed to work in paid work, except in the events specified in legal acts or if a certification of eligibility for employment has been received. The decision on granting the right of employment is included in the decision regarding the issue of a visa. The right to employment is certified by the corresponding entry in the visa issued to a foreigner. 109 The right to employment is not required in the following cases: Data source: Office of Citizenship and Migration Affairs 108 Published: Latvijas Vēstnesis, No. 105, [entered into force on ] 109 Immigration Law and Cabinet Regulation No. 55, Latvijas Vēstnesis, No [entered into force on ] 110 Ib.

48 48 if a foreigner arrives on a tour (concert tour) as a performer (musician, singer, dancer, actor, circus artist, etc.), author (composer, choreographer, film director, set designer, etc.), administrative or technical staff involved in the provision for plays (concerts) and the intended duration of stay is not exceeding 14 days; if a foreigner arrives based on an invitation from an educational or scientific institution, or individual scientist in the context of scientific research or participation in the implementation of educational programmes and the intended duration of stay is not exceeding 14 days. A foreigner, who wants to establish legal labour relationship by entering into an employment agreement or to be employed on the basis of another civil agreement (including as a member of a company Board or executive body), or to be a self-employed person, needs to obtain the right to employment. An employer, who intends to employ a third-country national on the basis of the employment agreement, shall register the jab vacancy with the State Employment Agency Branch Office by specifying the occupation, advisable education, work experience of the candidate and the expected salary. If a third-country national will be employed on the basis of a work performance agreement, the job vacancy is not registered. The employer shall file the documents 111 with the Office of Citizenship and Migration Affairs and shall approve the invitation for requesting a visa or sponsorship for requesting a residence permit, and shall submit the documents certifying education or work experience of the potential migrant worker. A foreigner shall file the documents to request a visa or a residence permit with the Latvian diplomatic or consular mission abroad or with the Office of Citizenship and Migration Affairs 112. The Office of Citizenship and Migration Affairs checks whether the job or specialist vacancy registered with the State Employment Agency Branch Office has been vacant after registration for not less than one month until the moment when the employer filed the documents to approve the sponsorship or invitation. The Office of Citizenship and Migration Affairs approves the sponsorship or invitation within five business days. 111 The scope of documents to be submitted is defined in Paragraph 16 of the 21 June 2010 Cabinet Regulation No. 564 "Regulations regarding residence permits" and Paragraph 9 of the 21 June 2010 Cabinet Regulation No. 552 "Procedures for the Approval of Invitations and Drawing up of Written Requests" (published: Latvijas Vēstnesis, No. 100, [entered into force on ] 112 A group of persons allowed to file documents for the receipt of a residence permit with the Office of Citizenship and Migration Affairs is defined in Paragraphs 3 and 4 of the 21 June 2010 Cabinet Regulation No. 564 "Regulations regarding residence permits".

49 49 After the examination of all the submitted documents the Office of Citizenship and Migration Affairs adopts the resolution regarding issuing the residence permit. The decision is made within 30 days. The decision is issued to the person if the documents have been filed in Latvia. While if the documents have been filed with the Latvian diplomatic or consular mission, the decision is sent to the mission. Entitlement of a foreigner to employment is certified by the following records in the visa or residence permit: 113 "Tiesības strādāt bez ierobežojumiem" - if the foreigner has been granted the right to employment without restrictions; "Tiesības strādāt pie noteikta darba devēja" - if the foreigner has been granted the right to employment with restrictions, except for in the case referred to in Subparagraph 2.3 of this Regulation. Entry in the visa shall be made in English THE RIGHT TO WORK WITH A SPECIFIC EMPLOYER ; "Tiesības strādāt 20 h nedēļā" - if the foreigner has been issued a temporary residence permit in accordance with Paragraph 10 of Part One of Section 23 of the Immigration Law; "Komercdarbība" - if the foreigner has been issued a temporary residence permit or a long-term visa as an individual merchant, a member of the board of directors or the council, a proctor, an administrator, a liquidator or a member of a partnership who has the right to represent the partnership, or a person who is authorised to represent a merchant (a foreign merchant) in activities related to a branch, or a self-employed person. Entry in the visa shall be made in English BUSINESS. The official of the Office of Citizenship and Migration Affairs may decide to issue the right to employment in accordance with the term of validity of the visa for a period not exceeding 90 days in any half-year period, if it complies with international obligations or national interests, or is related to force majeure or humanitarian considerations. As long as a refugee is issued a permanent residence permit, there is no need to acquire the right to employment. 114 A person that has been granted alternative status or a family member of a person who has received a temporary residence permit and wants to work, is entitled to work for any employer and there is no need to acquire the right to employment. If the asylum seeker has not received the resolution of the Office of Citizenship and Migration Affairs regarding granting refugee or alternative status or refusal to grant such within 113 Cabinet Regulation No. 55 "Regulations regarding the employment of foreigners". -Latvijas Vēstnesis, No [entered into force on ] 114 Pursuant to Paragraph 1 of Part Two of Section 9 of the Immigration Law.

50 50 9 months after filing the application for granting refugee or alternative status and it has not happened due to the fault of the asylum seeker, he/she is entitled to work for any employer in the Republic of Latvia. This procedure is applied in general cases (see Image 4-6). 115 Image 4-6 Entry for the purpose of employment The inviter The invitation is executed and other required documents are submitted Diplomatic and consular mission of Latvian D category visa is issued Vacancy must be registered in the State Employment Agency Based on the submitted documents, the Office of Citizenship and Migration Affairs adopts the resolutions to grant the residence permit A third country national goes to Office of Citizenship and Migration Affairs to finalize a residence permit with a right to work Return The following institutions involved in the area of return: The Office of Citizenship and Migration Affairs, the State Border Guard, Consular Department of the Ministry of Foreign Affairs, foreign diplomatic or consular missions in Latvia, national security institutions, the Ombudsman's Office, Orphan's Courts of local government and the court. The Immigration Law and the underlying Cabinet Regulations set forth the procedures on how a foreigner is returned from the Republic of Latvia if the foreigner is in breach of the specified procedure for the entry and residence of foreigners. According to the Immigration Law, if a foreigner is in breach of the statutory entry or residence procedure in the Republic of Latvia, the official of the Office of Citizenship and Migration Affairs or the State Border Guard shall issue the return decision whereby the foreigner is obliged to leave the country. The term for performance of the obligation imposed by the return decision is from seven to 30 days. The official is entitled to extend the deadline for a period not exceeding one year. 115 Pursuant to Paragraph 23 of Part Five of Section 9 of the Immigration Law.

51 51 Upon making a decision on removal, the authority shall promptly notify such to the Ombudsman. If within the specified period the foreigner has not left the country voluntarily, the Chief of the Office of Citizenship and Migration Affairs or the official authorised by him, or the Chief of the State Border Guard or the official authorised by him shall adopt the resolution regarding him/her and makes a decision about his/her compulsory return. The Immigration Law also provides for other instances when a resolution regarding the compulsory return of a foreigner may be adopted. Within seven days after the return decision or the resolution regarding compulsory return and the decision contained therein for inclusion in the list, and the decision regarding the ban of entering the Schengen territory has entered into force, the foreigner is entitled to challenge such in the higher institution in the order of subordination. The foreigner may appeal the resolution adopted by the highest institution to the Administrative District Court within seven days after its entry into force. The judgment of the Administrative District Court can be appealed by filing a cassation complaint with the Supreme Court Senate Administrative Case Department. If the foreigner has been issued a return decision or a resolution regarding compulsory return has been adopted, he/she shall be given the opportunity to return to his/her country of origin through the voluntary return programme. The State Border Guard is organising and carrying out the compulsory return of foreigners. The process of compulsory return is monitored by the Ombudsman. In monitoring the process of compulsory return the Ombudsman is entitled to involve the associations or foundations, the objective of which is related to monitoring of this process. Upon finding a minor foreigner, who is not accompanied by a parent or his/her legal representative and the residence of whom in the Republic of Latvia is illegal, the State Border Guard shall inform the State Police and the Orphan's Court, and shall contact, via the Consular Department of the Ministry of Foreign Affairs, the diplomatic or consular mission of the respective country, the relevant competent authorities or non-governmental organisations that monitor respecting the rights of children in that country, and shall take other necessary measures to ensure the performance of the return decision or resolution regarding compulsory return and transfer of the minor foreigner, who is not accompanied by a parent or his/her legal representative, to the legal representative of the parents, the representative monitoring respecting the rights of children in that country or the representative of the authority that shall provide for placement of the child in a suitable host institution.

52 52 If a foreigner, who has been issued a return decision or in relation to which a resolution regarding compulsory return has been adopted, has no valid travel document and it is not possible to obtain such through diplomatic or consular services, he/she shall be issued an exit document Relation of the migration and asylum policy to other policies The migration and asylum policy has always been related to other policy areas. It is proven both by projects discussed and implemented at the European Union level (such as the overall approach to migration, the Council Directive on a specific procedure for admitting third-country nationals for the purposes of scientific research 117, a Council Directive on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service 118 etc.), and the institutional framework discussed earlier in this work and process diagrams, which proves how many governmental institutions are responsible for a certain range of issues related to the area of migration and asylum. The migration and asylum policy is most related to employment and welfare. But other areas should be noted beside these two as well, such as education policy, foreign policy and integration policy. Employment policy - one of the most topical subjects during the period when Latvia's rapid economic development after joining the European Union in 2004 had a positive effect on the labour market situation: employment increased, the level of unemployment decreased and the number of economically active population increased. However, in 2009, during the economic crisis, the level of unemployment grew rapidly, reaching 17.5%, which is the highest since During the next years unemployment gradually diminished and in 2015 unemployment is 9.9%. The number of free vacancies also increased during this time, however it should be noted that one of the most important problems is the lack of skilled labour. To attract highly skilled labour, it is necessary to ensure the implementation of appropriate migration policy, bearing in mind that the labour migration policy should be clearly aimed at protecting the national interests of Latvia. Migration policy of Latvia with respect to the entry of foreigners for the purpose of employment is open to the entry of a highly qualified workforce, but in relation to the entry of low skilled labour it is focused on protecting the local labour market. 116 Pursuant to Section 45 of the Immigration Law. 117 Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research - Official Journal, L 289, Council Directive 2004/114/EC of 13 december 2004 on the conditions of the admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. Official Journal, L 375,

53 53 Education policy - attracting foreign students is essential for the development of the higher education institutions of Latvia. Foreign students enrich the academic environment in the higher education institutions, provide an economic contribution to the country. As noted by the Ministry of Education and Science, the greatest benefit of foreign students in Latvia will be diversification of the study environment as well as attracting the best specialists after graduation from the higher education institution to solving the labour problems of Latvia. Foreign students are a very important resource for the international recognition of the higher education institutions. In recent years, Latvia has amended its laws to facilitate administrative procedures for the receipt of a residence permit in Latvia by foreign students willing to study. Integration policy - changes in the migration policy are closely related to the issues of the integration of society. Until the migration crisis, the integration of immigrants has not been on the list of the most important tasks of the Government of Latvia. In recent years, activities in the field of immigrant integration in Latvia have mainly been implemented through funding from the European Third-Country Nationals Integration Fund, which aims to support the Member States' efforts to help third-country nationals of different economic, social, cultural, language, religious and ethnic backgrounds to fulfil the residency conditions and to facilitate their integration in Latvia and the European Union. Also, amendments have been made to the Education Law to ensure access to education for asylum seekers and the children of citizens of third countries are entitled to acquire compulsory general education free of charge. Foreign policy the Ministry of Foreign Affairs is actively contributing to the development of migration (visa) policy. The Ministry of Foreign Affairs provides for the formation and development of migration policy corresponding to the priorities of foreign policy of the country. The outposts implementing the migration policy of the country abroad are the diplomatic and consular missions of the Republic of Latvia abroad.

54 54 ANNEXES

55 1. ANNEX Institutional Framework for Immigration and Asylum Policies* Ministry of Culture - Leading state administration institution on integration Ministry of Interior - Leading state administration institution on migration and asylum - External dimension of migration and asylum field - EU funds. Ministry of Foreign Affairs - Issuance of visas; - Relations with third countries. Office of Citizenship and Migration Affairs - Implementation of the state immigration and asylum policy: Asylum procedure and reception of asylum seekers; Residence permits; Visas; Decisions on voluntary return, removal orders and entry bans; - Relations with third countries; - IT solutions in migration; - EU funds. Immigration and asylum State Border Guard - Border control; - Visas; - Control over and fight against irregular migration; - Initial asylum procedure; - Detention; - EU funds; - Relations with third countries. Security Police - Security checks related to migration and asylum procedures. *This institutional chart provides and indicative overview of the asylum and migration system in Latvia. As such it does not represent its complete structure. Immigration - Senate of the Supreme Court - Administrative Regional Court - District Court Judical review Appeal procedure Asylum - Administrative Regional Court - District Court