EMN FOCUSSED STUDY INTEGRATION OF BENEFICIARIES OF INTERNATIONAL/HUMANITARIAN PROTECTION INTO THE LABOUR MARKET IN LATVIA: POLICIES AND GOOD PRACTICES

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1 EMN FOCUSSED STUDY INTEGRATION OF BENEFICIARIES OF INTERNATIONAL/HUMANITARIAN PROTECTION INTO THE LABOUR MARKET IN LATVIA: POLICIES AND GOOD PRACTICES Riga, December

2 Pursuant to Council Decision 2008/381/EC of 14 May 2008, the European Migration Network was established, its objective shall be to meet the information needs of European Union institutions and of Member States authorities and institutions, by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The European Migration Network also serves to provide the general public with information on these subjects. The Network is composed by the European Commission and the contact points designated by the Member States. Each contact point establishes a national migration network. The contact point of each state prepares studies, whose topics have been set in the respective annual programme of activities. The topics of studies are related to the area of migration of third-country nationals. The Latvian Contact Point of the European Migration Network is the Office of Citizenship and Migration Affairs. Contacts: Čiekurkalna 1. line 1, B-3, Riga, Latvia, LV-1026 Telephone: Fax: emn@pmlp.gov.lv Web page: Author of the Study: Kitija Kursa, Expert of the Latvian Contact Point of the European Migration Network Editor: Maira Roze, Deputy Head of the Office of Citizenship and Migration Affairs This project has been funded with support from the European Commission. This publication reflects the views only of the authors, and the European Commission cannot be held responsible for any use which may be made of the information included therein. Co-funded by the European Union 2

3 DEFINITIONS The following key terms are used in the Common Template. The definitions are taken from the EMN Glossary v3.0 1 unless specified otherwise in footnotes. Support measures to access to housing: in the context of this Study, support measures for access to housing include those measures that facilitate finding accommodation for those who cannot find it themselves. This could include social housing, state funded housing in the private sector, provision of financial resources to access housing etc. Asylum: A form of protection given by a State on its territory, based on the principle of non-refoulement and internationally or nationally recognised refugee rights and which is granted to a person who is unable to seek protection in their country of citizenship and / or residence, in particular for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Asylum seeker: In the global context, a person who seeks safety from persecution or serious harm in a country other than their own and awaits a decision on the application for refugee status under relevant international and national instruments. In the EU context, a person who has made an application for protection under the Geneva Convention in respect of which a final decision has not yet been taken. Applicant for international protection: means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken Application for asylum: An application made by a foreigner or a stateless person which can be understood as a request for protection under the Geneva Convention of 1951 or national refugee law. Application for international protection: A request made by a third-country national or a stateless person for protection from a Member State, who can be understood to seek refugee status or subsidiary protection status, and who does not explicitly request another kind of protection, outside the scope of Directive 2011/95/EU, that can be applied for separately. Beneficiary of international protection: means a person who has been granted refugee status or subsidiary protection status Counselling: in the context of this Study, counselling is understood as different types of counselling in order to specifically support refugees, beneficiaries of subsidiary and humanitarian protection to access employment. This could include counselling for trauma as well as other specific problems relating to the status of refugees, beneficiaries of subsidiary and humanitarian protection where this may present a barrier, but could also include counselling to assist in job readiness preparation and support. Geneva Convention: means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, as amended by the New York Protocol of 31 January 1967 Guaranteed minimum resources refers to benefits provided to people with insufficient resources. It includes support for destitute and vulnerable persons to help alleviate poverty or assist in difficult situations (Source: ESSPROS Manual, 2008 Edition, Eurostat). Durable solutions: Any means by which the situation of refugees can be satisfactorily and permanently resolved to enable them to live normal lives. 1 Available at: 3

4 Education: education in the context of this Study refers to education that has a direct link to employment, for example, by providing support for the development of higher-level (non-vocational) skills. Employed persons are persons aged 15 year and over (16 and over in ES, IT, UK and SE ( ); years in DK, EE, HU, LV, FI and SE (from 2001 onwards); in IS and NO), who during the reference week performed work, even for just one hour a week, for pay, profit or family gain, or, who were not at work but had a job or business from which they were temporarily absent because of, e.g., illness, holidays, industrial dispute or education and training. (Source: Eurostat) Humanitarian protection: a person covered by a decision granting authorisation to stay for humanitarian reasons under national law concerning international protection by administrative or judicial bodies. It includes persons who are not eligible for international protection as currently defined in the Qualifications Directive (Directive 2011/95/EU) but are nonetheless protected against removal under the obligations that are imposed on all Member States by international refugee or human rights instruments or on the basis of principles flowing from such instruments. [ ] persons granted a permission to stay for humanitarian reasons but who have not previously applied for international protection are not included under this concept. Inactive persons are those who are not in the labour force so are neither classified as employed nor as unemployed. This category therefore does not include job-seekers. (Source: Eurostat) Integration: In the EU context, a dynamic, two-way process of mutual accommodation by all immigrants and residents of Member States. International protection: In the global context, the actions by the international community on the basis of international law, aimed at protecting the fundamental rights of a specific category of persons outside their countries of origin, who lack the national protection of their own countries. In the EU context, protection that encompasses refugee status and subsidiary protection status. Orientation courses: Orientation courses typically provide factual information about the country of destination but may also aim to foster positive attitudes for successful adaptation in the long run. These could include opportunities for migrants to gain (and practice) the necessary skills needed to facilitate their integration and to develop helpful attitudes including pro activity, self sufficiency and resourcefulness (knowing how to find the information they are seeking); skills include knowing how to conduct oneself in certain situations, time management and goal setting, as well as being able to navigate complex systems including banking, social, health and emergency services, transportation etc. (Source: IOM Best Practices IOM s migrant training and pre-departure orientation programmes). Refugee: In the global context, either a person who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned before, is unable or, owing to such fear, unwilling to return to it. In the EU context, either a third-country national who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Art. 12 (Exclusion) of Directive 2011/95/EU does not apply. Refugee status: The recognition by a Member State of a third-country national or stateless person as a refugee. 4

5 Residence permit: means any permit or authorisation issued by the authorities of a Member State in the form provided for under that State s law, allowing a third-country national or stateless person to reside on its territory Self-employed persons are persons who are the sole or joint owner of an unincorporated enterprise (one that has not been incorporated i.e. formed into a legal corporation) in which he/she works, unless they are also in paid employment which is their main activity (in that case, they are considered to be employees). Self-employed people also include unpaid family workers; outworkers (who work outside the usual workplace, such as at home); and workers engaged in production done entirely for their own final use or own capital formation, either individually or collectively. (Source: Eurostat) Subsidiary protection status: recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; Person eligible for subsidiary protection: a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm and is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country; Unemployed persons are persons aged (in ES, IT, SE ( ), UK, IS and NO: 16-74), who were without work during the reference week, but currently available for work, or who were either actively seeking work in the past four weeks or who had already found a job to start within the next three months. (Source: Eurostat) United Nations High Commissioner for Refugees: The refugee agency of the United Nations (UN) mandated to lead and coordinate international action to protect refugees and resolve refugee problems worldwide, and to safeguard the rights and well-being of refugees. Vocational education and training (VET) 2 : Education and training which aims to equip people with knowledge, know-how, skills and/or competences required in particular occupations or more broadly on the labour market.. 2 CEDEFOP Terminology of European Education and Training Policy Second Edition

6 Top-line Factsheet Overview of the National Contribution introducing the study and drawing out key facts and figures from across all sections of the Focussed Study, with a particular emphasis on elements that will be of relevance to (national) policymakers. The purpose of the study Integration of beneficiaries of international/humanitarian protection into the labour market in Latvia: policies and is to gather information about the activities implemented in Latvia for facilitation of integration of beneficiaries of international/humanitarian protection in relation to access of beneficiaries of protection to labour market and their participation in it by studying the existing policies and examples of. The study characterises legal regulation, existing policies and examples of as they are in December The study reviews legal and political regulation with respect to access of beneficiaries of international protection to labour market by paying special attention to the existing legal/practical obstacles that persons from this group are meeting when looking for a job. It is reviewed within the study what supporting measures related to employment Latvia offers to refugees and beneficiaries of alternative and humanitarian protection. It is researched to what extent such measures are available to the target group and whether the target group is using such. Finally, the study analyses whether and to what extent is Latvia granting similar rights and benefits in relation to access to labour market and providing for employment-related support measures for refugees and alternative status recipients. The paper has identified any differences in attitude towards such persons because of their status as well as general differences between the refugees and alternative status recipients on one hand and legally residing third - country nationals on the other hand. Upon granting the status of refugee, the legal regulation of Latvia provides for issue of permanent residence permit, the term of validity of which is 5 years. While upon granting alternative status, the person is issued a temporary residence permit for 1 year. The residence permit issued to both groups provides for unlimited right to employment in Latvia. This means that the person is entitled to work for any employer in Latvia. This is certified by the record Entitled to work without limitations in the residence permits of the persons. One month prior to expiry of the residence permit, both the refugees and the persons that have been granted the alternative status must file documents with the Office of Citizenship and Migration Affairs to renew the residence permit for 5 years or 1 year respectively. Legal acts of Latvia do not provide for granting the humanitarian protection status within the asylum procedure. Integration support measures have been reviewed within the study and they especially support and are related to the access to labour market and participation in it, namely the orientation courses, language courses, consulting, availability of places of residence, education, professional education and vocational training, recognition of professional qualification and guaranteed minimum funds. A colour blind approach is used in Latvia in the field of labour market integration and support is provided individually, depending on the individual situation of the person by using the profiling method. Discrimination is prohibited in the labour market, including the legal employment relations. 6

7 Policy of integration of refugees and persons that have been granted alternative status with respect to their access to labour market is developed in Latvia by several governmental institutions: Ministry of Welfare and Ministry of Education and Science, but in practice it is implemented by the State Employment Agency 3, Academic Information Centre 4, Latvian Language Agency, Society Integration Foundation 5 as well as local governments and nongovernmental organisations within different projects. Legal regulations provide for employment of refugees and persons having alternative status without any restrictions. It means that such persons may work in Latvia for any employer. The support measures for facilitating integration in labour market available in Latvia are free Latvian language courses and guidance courses 6 offered by the Latvian Language Agency, non-governmental organisations and local governments where the person has registered his/her place of residence. It has been concluded in the study Portrait of Third - Country Nationals in Latvia performed by the Society Integration Foundation in 2015, upon evaluating different ways how language training is being related to wider integration possibilities in Latvia, that language courses are performing several functions: the function of providing for language practice, educational and at the same time also entertainment function, thus permitting attaining a complex goal: mastering Latvian and getting to know Latvia and its people. 7 The second largest group of support measures are active employment measures and preventive unemployment minimisation measures like training for strengthening and improvement of professional skills offered by the State Employment Agency to persons that have registered as unemployed or job-seekers. In the assessment of experts interviewed within the study, the determining factors that limit job finding possibilities of refugees and persons having alternative status and thereby prolong the adaptation period are not speaking the official language, low level of education, lack of professional qualification or low level of professional qualification, high alert level and difficulties in meeting basic needs (dwelling, health, overall material situation). Social services in Latvia that are available to persons who have obtained international protection are divided into two categories: the ones provided for by the state and the ones that must be provided for by the local government. The state is co-funding the alternative social rehabilitation service of local governments, development and maintenance of group houses (apartments) and day centres, as well as support for adjusting the dwelling for disabled persons. While pursuant to Part One of Section 9 of the Law on Social Services and Social Assistance, 8 the local government in the territory of which a person has registered his or her main place of residence has a duty to provide the person with a possibility to receive social services and social assistance corresponding to his or her needs. Pursuant to the Law on Social Services and Social Assistance the right to receive 3 State Employment Agency is the institution subordinate to the Ministry of Welfare. 4 Ministry of Education and Science is one of the founders of the establishment Academic Information Centre. 5 Society Integration Foundation is under institutional supervision of the Prime Minister. 6 According to the conditions of the European Fund for the Integration of Third-Country Nationals programme 2013, along with learning Latvian, third country nationals must be provided with the opportunity to obtain knowledge about Latvian culture, traditions, history, most topical social and economic issues, state administration system, basic rights and other issues. Therefore, parallel to courses of Latvian the organisations offering language courses implemented various integration measures as well, the content of which was coordinated with the content aspect of language training, thus strengthening both language fluency and facilitating inclusion of third country nationals in Latvian society and environment. 7 Study Portrait of Third - Country Nationals in Latvia, Society Integration Foundation, 2015, page Law on Social Services and Social Assistance. The Latvian Herald, No. 168 (2743), [came into force on ] 7

8 social services 9 and social assistance 10 is granted to citizens and non-citizens of Latvia and foreigners that have been granted the personal identity number, except for the persons that have received the temporary residence permit, i.e., for example, to persons that have been granted alternative status 11. Social services and social assistance in Latvia is provided for by that local government, in the territory of which the particular person is registered. So far, two local governments have dealt with solving social issues of persons that have obtained the international protection status: Ropaži, where the asylum seeker housing centre Mucenieki is located, and Riga, where persons choose to live and work after obtaining the status. Unfortunately, there is no specific accounting in Latvia about where the persons that have obtained international protection status are staying and what they are doing further. No information is gathered in local governments, in the territories of which persons from this target group reside, as well. Local governments learn about these people only when they come to the Social Service for assistance. Non-governmental organisations are playing essential role in Latvia in providing for the support activities for integration of refugees and persons that have been granted alternative status and they are providing support within different projects. Majority of such organisations are united in the society "Shelter "Safe House"" where a team of professionals is operating since 2008 offering complex assistance to refugees within one institution. Since 2009 already, the activities organised by the society are aimed at increasing self-esteem, development of knowledge, abilities and skills of the target group (asylum seekers, refugees, and persons having alternative status) by offering involvement in the professional qualification courses and places of practice, thus motivating finding a job and also independence of services of the social assistance institutions. In 2015 the UNHCR Regional Representation for Northern Europe published a study Integration of refugees in Latvia: Participation and Empowerment, wherein understanding of integration in Latvia has been summarised through participation of refugees and experience of the parties involved in integration. The work reviews also legal regulation related to integration in labour market, the role of institutions involved and available support measures Social services include social care services at the place of residence of a person, care in prolonged social care and social rehabilitation institutions, social rehabilitation services at the place of residence of a person and the institution, professional rehabilitation services and provision with the technical aids. 10 Monetary or material benefit, granting which is based on assessment of material resources of persons (families) that are short of funds to sustain basic needs. 11 Part 1 of Section 3 of the Law on Social Services and Social Assistance. 12 UNHCR Regional Representation for Northern Europe study Integration of refugees in Latvia: Participation and Empowerment, Available at Report.pdf, [viewed on ] 8

9 SECTION 1: ACCESSING THE LABOUR MARKET: RESIDENCE PERMITS AND THE LEGAL RIGHT TO ACCESS THE LABOUR MARKET Q1 Please provide a brief overview of the legal and policy framework and practices concerning residence rights and labour market access rights granted to refugees, beneficiaries of subsidiary and humanitarian protection, linking the (type of) residence permit granted to labour market access rights 13. Please distinguish and highlight any differences between the type of residence permit and accompanying labour market access rights between those granted to: a) refugees; b) beneficiaries of subsidiary protection, and; c) persons granted humanitarian protection According to the procedure set forth in the Asylum Law 14, upon granting the status of a refugee the person is issued a permanent residence permit that grants unlimited right to employment in Latvia pursuant to the Immigration Law 15. This means that the persons are entitled to work for any employer in Latvia. There is a record Entitled to work without limitations in the residence permits of these persons. An individual work permit is not issued since The permanent residence permit is valid for 5 years. Afterwards the residence permit must be renewed. A person that has obtained alternative status is issued a temporary residence permit for one year, which provides equal unlimited right to employment in Latvia pursuant to the Immigration Law. There is a record Entitled to work without limitations in the residence permits of these persons as well. If one month prior to expiry of the term the person that has been granted alternative status files the application with the Office of Citizenship and Migration Affairs regarding extension of the term of residence and any condition for receipt of the alternative status still exists, within one month the official authorised by the Head of the Office of Citizenship and Migration Affairs shall adopt the resolution regarding issuing the temporary residence permit for one more year. During the period of validity of the temporary residence permit, the right to unrestricted employment is retained. Thus, the refugees and persons having alternative status have unlimited rights to employment. According to Section 7 of the Labour Law, 16 everyone has an equal right to work, to fair, safe and healthy working conditions, as well as to fair work remuneration. Such rights shall be ensured without any direct or indirect discrimination irrespective of a person s race, skin colour, gender, age, disability, religious, political or other conviction, ethnic or social origin, property or marital status, sexual orientation or other circumstances. Both the refugees and the persons that have been granted the alternative status have the right to register as unemployed and job-seekers. According to the Support for Unemployed Persons and Persons Seeking Employment Law 17, such persons have the right to the status of a person seeking employment, who have registered with the State Employment Agency and: is not working (is not deemed to be an employee or self-employed in accordance with the Law on Social Insurance); 13 Please only report on the labour market access rights linked to first residence permits and renewals see Art. 24 recast Qualification Directive (excluding permanent residence and citizenship permits). 14 Asylum Law The Latvian Herald, No. 100 (4086), [came into force on ] 15 Immigration Law The Latvian Herald, No. 169 (2744), [came into force on ] 16 Labour Law The Latvian Herald, No. 105 (2492), [came into force on ] 17 Support for Unemployed Persons and Persons Seeking Employment Law The Latvian Herald, No. 80 (2655), [came into force on ] 9

10 is seeking employment; is capable of work and is ready to enter into employment relationships without delay; has reached the age of 15 years; and does not perform commercial activities or for whom commercial activities have been suspended in accordance with regulatory enactments; has not been accepted for a full-time elementary education programme. While the right to the status of unemployed, after registration with the State Employment Agency, is granted to the person who is not working (is not deemed to be an employee or self-employed in accordance with the Law on Social Insurance); is seeking employment; is capable of work and is ready to enter into employment relationships without delay; has reached the age of 15 years; and does not perform commercial activities or for whom commercial activities have been suspended in accordance with regulatory enactments; has not been accepted for enrolment in a full-time elementary or secondary education programme; is not in imprisonment or is not receiving prolonged social care and social rehabilitation services fully funded from the state or local government budget. Upon obtaining the status of a person seeking employment or unemployed, the person may, free of charge, attend the preventive and active employment activities offered by the State Employment Agency as well as receive advice from specialists of the Agency. Q2. This question serves to collect comparative information on the national legal/policy framework on residence permits granted to refugees and beneficiaries of subsidiary and humanitarian protection, indicating their duration (by law and in practice) as well as the conditions for applying for permanent residence and citizenship. Table 1 Residence permits granted to refugees, beneficiaries of subsidiary protection and persons granted humanitarian protection Refugees Beneficiaries of subsidiary protection Beneficiaries of humanitarian protection Comments Minimum duration of residence permit (by law) Permanent residence permit for 5 years Temporary residence permit for 1 year n/a To receive the initial permanent or temporary residence permit, information about the declared place of residence in Latvia must be delivered. Maximum duration (including A refugee may renew the 1 year. A person that has been n/a Upon granting the status of refugee, a 10

11 renewals 18 ) residence permit in months/years (by law) permanent residence permit every 5 years or apply for the citizenship of Latvia after 5 years. No maximum number of residence permit renewals is set forth. granted alternative status must renew the temporary residence permit every year. No maximum number of residence permit renewals is set forth. person is issued a permanent residence permit. Upon granting the alternative status, a person is issued a temporary residence permit. Mean length of residence permit 19 in months/years (in practice) 5 years 1 year n/a After how many years of authorised stay can an application for permanent residence be made? Right after granting the refugee status If a third - country national has resided in Latvia on an ongoing basis for 5 years with a temporary residence permit, he/she is entitled to submit the documents for receipt of permanent residence permit. n/a What are the conditions for permanent residence? Refugee status 1) a person has resided in Latvia on an ongoing basis 20 with a temporary residence permit for at least 5 years; n/a 2) the official language fluency test exam must be passed at least on the 2nd stage of basic level (A2); 3) a document must be delivered that confirms provision for the required subsistence; 4) a document must be delivered that confirms the details 18 Including possible renewal (but excluding permanent residence permits and permits granted after application for citizenship) 19 First residence permit including possible renewal (excluding permanent residence permits and permits granted after application for citizenship) 20 Residence in Latvia is deemed continuous if absence from Latvia during the specified period has not exceeded six consecutive months or does not exceed one year in the aggregate. Absence is deemed justified if the reason for it have been circumstances independent of the person: illness of the third country national or force majeure. 11

12 regarding place of residence in Latvia After how many years of authorised stay can an application for citizenship be made? After 5 years After 10 years (5 years with a temporary residence permit + 5 years with a permanent residence permit) n/a What are the conditions for citizenship? 1) the permanent place of residence has been in Latvia for no less than previous 5 years, of which an interval up to one year is admissible that cannot be during the last year prior to the date of filing the application for naturalisation; 2) the official language fluency test must be passed; 3) a test of principal provisions of the Constitution of the Republic of Latvia, the text of national anthem, the basics of history and culture of Latvia must be passed in Latvian; 4) documents certifying legal income must be presented; 5) a solemn declaration of loyalty to the Republic of Latvia must be provided. 1) the permanent place of residence has been in Latvia for no less than previous 5 years (with a permanent residence permit), of which an interval up to one year is admissible that cannot be during the last year prior to the date of filing the application for naturalisation; 2) the official language fluency test must be passed; 3) a test of principal provisions of the Constitution of the Republic of Latvia, the text of national anthem, the basics of history and culture of Latvia must be passed in Latvian; 4) documents certifying legal income must be presented; 5) a solemn declaration of loyalty to the Republic of Latvia must be signed; n/a 6) a declaration regarding waiver of the previous citizenship, if any, must be filed or an expatriation permission must be 12

13 received from the country of previous citizenship, if such is provided for by the laws of such country, or a document certifying the loss of citizenship. It should be considered that each situation is evaluated individually because if the country of origin does not provide for waiver of citizenship in its laws then the responsible institution of Latvia may not require doing it. Q3. Please set out in the table below any conditions that apply to access the labour market (as laid down in national legislation or practice), highlighting any differences with regard to conditions that apply to refugees, beneficiaries of subsidiary and humanitarian protection.. 13

14 Table 2 Conditions linked to access to the labour market for refugees, beneficiaries of subsidiary protection and humanitarian protection Refugees Beneficiaries of subsidiary protection Beneficiaries of humanitarian protection Comments / summary of main differences amongst the categories (if any) Conditions for labour market access laid down in national legislation Immediately after granting the refugee status, upon receiving the permanent residence permit, the person has access to labour market. Immediately after granting the alternative status, upon receiving the temporary residence permit, the person has access to labour market. n/a No difference. Conditions for labour market access that apply in practice Unrestricted right to employment, i.e. the right to work for any employer is granted. Unrestricted right to employment, i.e. the right to work for any employer is granted. n/a No difference. Main differences in conditions (as set out in legislation or in practice) concerning labour market access when compared with other third-country nationals legally residing on the territory Refugees are granted unrestricted right to employment, i.e. the right to work for any employer. To receive a residence permit with the right to employment, third - country nationals must comply with the following preconditions: - must have relevant qualification (education or 3 years of experience in the relevant profession); - must pass a labour market test. Persons having alternative status are granted unrestricted right to employment, i.e. the right to work for any employer. To receive a residence permit with the right to employment, third country nationals must comply with the following preconditions: - must have relevant qualification (education or 3 years of experience in the relevant profession); n/a Refugees and persons having alternative status have simpler access to labour market. 14

15 - must pass a labour market test. 15

16 SECTION 2: LABOUR MARKET INTEGRATION POLICY AND ITS ORGANISATION Section 2.1: Overview of labour market integration policies for refugees, beneficiaries of subsidiary and humanitarian protection Q4. Please give an overall summary of your relevant national policies related to labour market integration for refugees, beneficiaries of subsidiary protection and humanitarian protection indicating: - What the main components of your labour market integration policy are (e.g. orientation/language courses, vocational education and training, recognition of qualifications, guaranteed minimum resources, counselling, access to housing etc. Any other?) - Whether the policy is specific to refugees, beneficiaries of subsidiary and humanitarian protection or more generic to all third-country nationals legally residing on Latvia s territory. If it is specifically tailored to refugees and beneficiaries of subsidiary and humanitarian protection could you briefly explain why this is the case? E.g. what are the reasons based upon which your government decided to specifically tailor policy to refugees, beneficiaries of subsidiary and humanitarian protection? (e.g. because their specific needs are acknowledged and it is considered important to address these by specific measures tailored to their situation?) In Latvia, persons that have been granted refugee or alternative status are adapted into the overall third - country national integration policy context. So far, considering the small number of persons that have been granted international protection status in Latvia (they are 122 persons from 2010 to 2014) the involved governmental institutions have had no need to develop individual integration policy with respect to this target group. The same integration measures are available to refugees and persons having alternative status as are available to other third - country nationals that are legally residing in Latvia. The most important measures with respect to integration in labour market are the offered Latvian language courses and consulting services. A substantial element of integration is the unrestricted right of refugees and persons having alternative status to employment that provides wider possibilities for this target group than to third - country nationals that are legally residing in Latvia. While access to social assistance provided by the state is determined by the residence permit issued to a person; therefore, support provided to refugees and persons having alternative status differs. Considering that the persons having refugee status have been issued a permanent residence permit, they may claim all state social allowances 21 (if the 21 Law on State Social Allowances The Latvian Herald, No. 168 (2743), [came into force on 01/01/2003.] Pursuant to Section 3 of the Law on State Social Allowances: (1) Allowances to be disbursed at regular intervals shall be the following: 1) State family allowance; 2) childcare benefit; 3) guardian s allowance for a dependent child; 4) remuneration for the fulfilment of a guardian s duties; 5) remuneration for the fulfilment of a foster family s duties; 6) an allowance for the compensation of transport expenses for disabled persons who have difficulties in movement; 7) State social security benefit; 8) remuneration for the care of an adopted child; 9) care of disabled child benefit; and 10) an allowance for a disabled person for whom care is necessary (2) Allowances to be disbursed once shall be the following: 1) childbirth allowance; 2) funeral benefit; and 3) remuneration for adoption. 16

17 criteria for requesting the benefit are fulfilled, for example, birth of a child) as well as the state social insurance benefits 22 like any other resident of Latvia if mandatory state social insurance contributions have been paid. If a person has been granted alternative status, he/she cannot claim state social allowances. Persons that have been granted alternative status, like the refugees, and their family members can request in the local government and can receive the night home, home, information and consulting services. A person that has obtained alternative status is entitled to claim state social insurance benefits if mandatory state social insurance contributions have been paid. However, such persons cannot claim the benefit for ensuring the guaranteed minimum level of income. The information that has been summarised with respect to the Latvian language courses demonstrates that the majority of language courses are offered periodically, within different projects implemented by the governmental institutions, local governments and nongovernmental organisations with the support of the European Fund for the Integration of Third-Country Nationals. According to the conditions of the programme of this Fund for 2013, along with learning Latvian, the opportunity must be provided to acquire knowledge about Latvian culture, traditions, history, most topical social and economic issues, state administration system, basic rights and other issues 23. Cabinet Regulations have set forth particular activities that may be performed with the co-funding from the Fund for the Integration of Third-Country Nationals. The supported activities include Latvian language courses, promoting civil participation, development of volunteer network that would facilitate integration of third - country nationals into local community, consulting and support with respect to healthcare, employment and other activities, like training of governmental and local government employees, exchange of best practices with other European Union Member States as well as studies regarding integration of third- country nationals in Latvia. 24 Inclusion of refugees and persons having alternative status in the labour market in Latvia is implemented by the State Employment Agency (hereinafter the SEA); the duties and rights set forth in the Support for Unemployed Persons and Persons Seeking Employment Law (including involvement in the active labour market policy measures) apply to both groups of persons. Refugees and persons having alternative status are entitled to get involved in the programmes implemented by the SEA if involvement in such is required according to profiling results. Preventive and active employment measures of the SEA are available to third - country nationals, including refugees and persons having alternative status that have been granted the status of unemployed or job-seeker if they meet the criteria of the measure. Of all services of the SEA the majority of unemployed that are refugees or persons having alternative status requires programmes for learning the official language without preliminary knowledge. For those speaking English the most suitable one is the informal education programme Official Language Corresponding to the Basic Official Language Fluency Level 22 Unemployment benefit, sickness benefit, maternity benefit and paternity benefit, parental benefit, funeral benefit, compensation for loss of working ability, compensation for loss of the supporter, compensation of damage in relation to work accident or occupational disease, compensation for additional expenses and services during the period of treatment. 23 Cabinet Regulation No. 292 of 9 June 2014 Regulation regarding implementation of activities of the European Fund for the Integration of Third-Country Nationals programme The Latvian Herald, 126 (5186), Cabinet Regulation No. 292 of 9 June 2014 Regulation regarding implementation of activities of the European Fund for the Integration of Third-Country Nationals programme The Latvian Herald, 126 (5186),

18 with English as Principal Language. After mastering the official language, basics a person (if required) may start participating in the course Removal of Psychological Barrier upon Foreigners Mastering the Official Language within the measures for increasing competitiveness. If the refugee or the person having alternative status has at least minimum official language fluency (initial communication skills) he/she is involved also into other informal education programmes and measures for increasing competitiveness for developing the required basic social and professional skills (digital, communication, vehicle driving, etc.). In relation to the fact that one of the priority issues of such persons is gaining income, they are involved also into employment measures (for example, paid temporary public works). As acknowledged by the involved experts, the factors limiting possibilities of employment of refugees and persons having alternative status and extending the adaptation period include lack of Latvian fluency, low level of education (mainly basic or secondary education), nonexistence of professional qualification or low level of professional qualification, high alert level and difficulties in sustaining basic needs (dwelling, health, overall material situation). So far, the number of SEA clients that have been granted the refugee or alternative status has remained very small: not exceeding 10 persons per annum. Refugees and persons having alternative status do not have knowledge of the official language; therefore, they have limited opportunities to participate in the support measures offered by the SEA. According to statistical data, in 2014, 5 of 9 registered unemployed having the refugee or alternative status have found job after participation in the activities of the SEA. Refugees and persons having alternative status may receive unemployment benefit based on the same conditions as citizens of Latvia: 1) if they qualify for the status of unemployed; 2) if during the period of last 12 months social contributions have been paid for at least 9 months; 3) the total period of social contributions in Latvia has been at least 12 months. Considering the difficulties in accessing the labour market and finding legal employment, the majority of refugees and persons having alternative status do not meet the requirements to receive unemployment benefit 25. According to the information provided by the State Social Insurance Agency, during the period of unemployment benefit has been granted to two persons that have received the refugee or alternative status 26. As noted above, support for the refugees or persons having alternative status is not being somewhat specially organised, it is being provided within the existing programmes and is funded in the same way as for the other persons. Section 2.2: Organisation of employment-related support measures Q5a. Please describe Latvia s overall organisational approach with regard to labour market integration policy to refugees, beneficiaries of subsidiary and humanitarian protection: who are the main state actors responsible for the provision of support measures? At what level is it implemented (national, regional, local) and does Latvia involve any third parties (international organisations/ngos/other) and if so for what 25 UNHCR Regional Representation for Northern Europe study Integration of refugees in Latvia: Participation and Empowerment, Available at Latvia-Integration-Report.pdf, [viewed on ] 26 According to the information provided by the State Social Insurance Agency officials. 18

19 actions and based on what agreement? E.g. has Latvia concluded any contract/(cooperation) agreement with aforementioned partners (if so which) to implement employment-related support measures and to facilitate access to the labour market? Integration of persons that have been granted the refugee or alternative status in Latvia is not under supervision of a single governmental institution. Various aspects of iteration have been distributed between the Ministry of Culture, Ministry of Welfare, Ministry of Education and Science and local governments according to their competence. Integration-related activities in Latvia are mainly funded by using the mechanisms of the European Union funds (European Refugee Fund, European Fund for the Integration of Third-Country Nationals). Ministry of the Interior and Ministry of Culture are the leading governmental institutions in acquiring these funds. Notwithstanding the fact that co-funding from the state budget is a significant investment, it is, however, insufficient to develop an independent and continued source of funding, the purpose of which would be promoting integration of refugees and persons having alternative status. Moreover, local governments are not receiving additional funding from the state budget for ensuring the measures of integration of refugees and persons having alternative status. In the national level, responsibility for refugees and persons having alternative status has been divided between two ministries: Ministry of Culture is the leading governmental institution for the issues regarding development of third - country nationals integration policy while the Ministry of the Interior, as a leading institution on a political level, is managing migration policy. Office of Citizenship and Migration Affairs (hereinafter the Office), which is the institution subordinate to the Ministry of the Interior, is implementing migration policy, including that it is reviewing the applications for asylum, deciding on extending or deprivation of the international protection status and providing for the issue of personal identification, travel documents and residence permits. The Office is responsible for granting benefits to cover residence costs and their payment to refugees and persons having alternative status. However, the Office is not gathering information about the employment or place of residence of such persons after receipt of the international protection status. As soon as a person is granted the refugee or alternative status, responsibility for integration of such persons is undertaken by the Ministry of Culture, the competence of which includes development and introduction of third - country nationals integration policy. To facilitate discussion and cooperation between the institutions in the field of integration of third - country nationals, to promote their participation and participation of non-governmental organisations representing them in development of state policy in the field of public integration, the Ministry of Culture has formed an Advisory Council for Integration of Third - Country Nationals 27. A public establishment, the Society Integration Foundation, is operating under supervision of the Prime Minister, the purpose of which is financially supporting and promoting public integration by attracting funding from the state and local government budgets. The Society Integration Foundation is implementing programmes funded from the state budget, European Union policy instruments and foreign financial assistance programmes by organising project tenders, the target group of which are third - country nationals legally residing in Latvia, integration activities, including the official 27 Third - country nationals, viewed on ] 19