The Amendments To The Immigration Act

Original Language Title: Grozījumi Imigrācijas likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/123.2


The Saeima has adopted and the President promulgated the following laws: amended immigration law to make the immigration law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 24; 2003; 2004, nr. 16, 10 no, No 14; 2005; 2006, 1, 5, 9; 2007, nr. 5, 15 No 3, 13; 2008. no; 2009, no. 8; Latvian journal, 2010, 74 no; 2011, 19, 93. nr.; 13. No. 250; 2014, 98, 108 no). the following amendments: 1. in article 1, first paragraph: Add to 5.1 points, after the word "Office" with the words "military intelligence and security service"; turn off point 7; make the following paragraph 11: "11") — a specific pattern of the visa sticker, which shows that the person has requested permission to enter and reside in the Republic of Latvia or another Member State of the Schengen Agreement, or several Schengen Member States or in transit across the territory and in the institution of the visa issued within the limits of its competence does not see any obstacles to that person within the period indicated in the visa, as many times as indicated in the visa, entry and staying in the Republic of Latvia or another Member State of the Schengen Agreement or several Schengen Member States. The visa itself does not give the right to enter the Republic of Latvia or another Member State of the Schengen Agreement; ". 2. Turn off the second part of article 3. 3. in article 4, first paragraph: make point 2 as follows: "2") is a valid visa issued by the Republic of Latvia, the residence permit or long-term resident's residence permit. Foreigners who received the new travel document, you can use the previous travel document with paste a valid residence permit for single entry for a new Republic of Latvia of issued residence permit; " turn off paragraph 3, first sentence, the words "which guarantees health care to cover expenditure in the Republic of Latvia, including the arrival back home of the foreigners in his severe illness". 4. To supplement the law with article 4.2 as follows: "article 4.2. (1) if the foreigner in the Republic of Latvia shall be appointed by the European Parliament and of the Council of 15 March 2006, Regulation No 562/2006 of the conditions, he shall be subject to the conditions of entry laid down in this regulation. (2) the first paragraph of this article of the travel document of the foreigner is considered valid if it complies with article 4 of this law, the first subparagraph of paragraph 1, "a", "b", "c", "e" and "f" requirements set out in point. (3) in the first subparagraph to that required for foreigners entering and living resources shall be determined in accordance with the Cabinet of Ministers regulations on foreigners must have the financial resources and the financial resources of the finding. " 5. Turn off the first part of article 5. 6. in article 9: Add to fifth with 25 points by the following: ") termiņuzturēšan permissions as 25 student Latvian universities accredited full time master's or doctoral programs in the last two semesters of study (if the Masters programme duration is one year, the courses learning time), if this time do not study break."; Add to article 5.1 part as follows: "(51) the foreigner who received the termiņuzturēšan permit in accordance with this law, article 23, first paragraph, point 10, has the right to employment for up to 20 hours a week at any employer, except for those foreigners who have the right to employment, on the basis of the fifth subparagraph of this article 25." 7. in article 11: turn off the first part; make the second paragraph as follows: "(2) a long-term visa may be issued if it complies with international law, Latvia's national interests or is related to force majeure, humanitarian considerations or important for personal or professional reasons and if the intended period of residence foreigners are longer than the term for which the visa can be issued to the European Parliament and of the Council of 13 July 2009. Regulation No. 810/2009 establishing a Community code on visas (Visa code)." 8. Express article 12 the third paragraph as follows: "(3) the Cabinet of Ministers for approval in certain invitation or visa to request the necessary documents can be submitted to Latvian, English, French, Russian or German. The inviter welcome approval of application and required explanations provided only Latvian language. " 9. Replace article 16, first paragraph, paragraph 17, the words "while staying in the Republic of Latvia" with the words "stay in the Republic of Latvia, the last five years, counting from the date of the submitted request for visas". 10. Express article 22, fourth subparagraph by the following: "(4) the Cabinet of Ministers for approval in certain call or for requesting the residence permit required documents can be submitted to Latvian, English, French, Russian or German. The inviter call approval application and required explanations provided only Latvian language. " 11. Replace the first subparagraph of article 22.1 in paragraph 11, the words "while staying in the Republic of Latvia" with the words "stay in the Republic of Latvia, the last five years from the date on which submitted for approval" call. 12. Article 23: make the first part of paragraph 28 and 29 the following: "28) for a period not exceeding five years, if he has made a contribution to the Corporation's share capital, increasing it, or the Investment Corporation's share capital, by establishing a new Corporation, and has paid the State budget 10 000 euro, as well as the investment made is at least: (a) 50 000 euro) and it made a corporation that employs no more than 50 employees and an annual turnover or annual balance sheet total does not exceed eur 10 million. In connection with the investment of one Corporation's share capital issued termiņuzturēšan permits no more than 10 foreigners, if each of them has made the investment provided for in this paragraph, and paid to the State budget of € 10 000, 100 000 euros) and (b) it is made a corporation that employs more than 50 employees and an annual turnover or annual balance sheet exceeds eur 10 million, (c) 100 000 euros) and it made the Corporation's share capital that in combination with one or more subsidiaries, registered in the Republic of Latvia, employs more than 50 employees and their total annual turnover or annual balance sheet exceeds eur 10 million; 29) for a period not exceeding five years, if he in Riga or Seaside, or, Babīte, Ādaži, Garkalne, carnikava baldone, ikšķile, Ķekava, Mārupe, Olaine, ropaži, Salaspils, Saulkrasti stopiņi municipality or has purchased and owns one functionally related real property (except where real estate is land not built), the value of which is at least 250 000 euros, or outside of these administrative territories: no more than two real estate (except in the case of When real estate is land not built) and each of them has one functionally related real estate, the total value of which is at least 250 000 euro, if the following conditions exist simultaneously: a) has no real estate tax payment arrears, b) total real estate value was payment of the non-cash form of settlement, c) real estate purchased from the Latvian Republic or in a Member State of the European Union, European economic area country or the Swiss Confederation of a legal person established in the that is taxable in the Republic of Latvia, the Republic of Latvia in the area of regulatory law, or of the natural person who is a citizen of Latvia, Latvian non-citizen, a citizen of the European Union or foreigners who reside in the Republic of Latvia to the Republic of Latvia of issued valid residence permit, d) the real estate cadastre value at the time of purchase shall not be less than 80 000 euro. If a foreigner buy two real estate outside Riga seaside, or, or, Babīte, Ādaži, Garkalne, carnikava baldone, ikšķile, Ķekava, Mārupe, Olaine, ropaži, Salaspils, saulkrasti municipality, stopiņi or each real property cadastre value at the time of purchase is not less than 40 000 euros. If cadastre value is less than the specified in this subparagraph, the real value of the property in accordance with the certified real estate appraiser in a property market value may not be less than 250 000 euros or, if a foreigner buy two immovable properties on each real estate market value shall not be less than eur 125 000, e) he first termiņuzturēšan requiring a permit, pay the State budget 5 percent of the value of real estate , f) consisting of real estate does not include agricultural land or forest land; " to supplement the first part with 32 as follows: "32) for a period not exceeding six months, if he learned in College full time master's or doctoral program, won national recognition of higher-education diplomas awarded on completion of this study programme and requested a residence permit not later than three months after that diploma."; Add to article 7.1, 7.2 and 7.3 of the part as follows: "(71) to Foreigners in accordance with the first subparagraph of article 28, paragraph" a "of section termiņuzturēšan permits issued is valid if its period of validity in the Corporation that this foreigner made the contribution each year, according to the tax return specified in national contributions the budget and the local budgets of tax payments, the total of which is not less than 40 000 euros (not including this in their total tax payments, tax payments, which are paid or reimbursed from the State budget), but for less than a year since the first report in the issue of termiņuzturēšan the State budget and municipal budgets in total tax payments paid on average per month is not less than eur 3300. (72) the foreigner, in accordance with the first subparagraph of article 28, point "b" section termiņuzturēšan permits issued is valid if its period of validity in the Corporation that this foreigner made the contribution each year according to the tax return specified in the contribution to the State budget and municipal budgets, tax payments, the total of which is not less than 100 000 euro (not including this in their total tax payments, tax payments, which are paid or reimbursed from the State budget) but for less than a year since the first report in the issue of termiņuzturēšan the State budget and municipal budgets in total tax payments paid on average per month is not less than eur 8300. (73) the foreigner who issued termiņuzturēšan permits in accordance with the first subparagraph of article 28, 29, 30 or 31., have the right to not earlier than six months before the expiry of the authorisation termiņuzturēšan repeating to require termiņuzturēšan permission, if they still exist the necessary conditions for the issue and, again, you receive the termiņuzturēšan they have paid to the State budget of 5000 Euro. "; to make an eighth of the following: "(8) a payment made by Foreigners that the first paragraph of article 28, 29, 30 and 31. in certain cases, as well as 7.3 in the case set out in part including the General State of the program" economic development "in the open country the General expenditure account Treasury and held as authorities in other own revenue. The payment is a one off and will not be refunded, except for the provisions of the Cabinet above. This means the goals determined in the annual State budget law, as a priority objective of specifying the use of budget to cover the cost of administering the program, but the use of the procedures established by the Cabinet of Ministers. The Government program is administered by the Ministry of the economy. " to supplement the article with the ninth and tenth by the following: "(9) for foreigners-third-country nationals — at a certain time, but not more than five years can be stopped termiņuzturēšan permission in accordance with the first subparagraph of article 28, 29, 30 or 31. point issue. The Cabinet of Ministers, after assessing the impact on national security, or national economic development in relation to the quantity of third-country nationals in the country and the concentration of a specific territory, issued the rules, which provides that nationals of a third country and for what period of time is stopped in the authorisation of the relevant termiņuzturēšan. (10) the examination of the documents, in accordance with the first paragraph of this article 28., 29., 30 or 31 submitted termiņuzturēšan for requesting permission to share this article ninth Cabinet referred to the date of entry into force of the rules shall apply to the provisions in force until that cabinet from the date of entry into force of the rules. " 13. Add to article 33 of the sixth, with the words "or withdrawn". 14. Add to article 34 of the sixth subparagraph as follows: "(6) the foreigner who in the Republic of Latvia requests the termiņuzturēšan permit in accordance with this law, the first paragraph of article 23 of the 28, 29, 30 or 31,. when to him are attributed to pursuant to article 23 of this law, the ninth part of the Cabinet of Ministers adopted statutory limitations, can not be issued." 15. Supplement article 35, the first paragraph with the following paragraph 30:30) "foreigner who received the termiņuzturēšan permit in accordance with this law, article 23, first paragraph 2., 3., 4., 8, 28, 29, 30 or 31., is administered by the State revenue service tax (duty) shows that a total of more than 150 euro, except tax payments, payment of which is deferred for the law" About taxes and duties "of article 24 in the first portion and 1.3." 16. off 50.1, in the second paragraph of article 61, article sixth and 65.1 in the first paragraph, the word "Senate". 17. Supplement article 59 with 1.1 and 1.2 in part as follows: "(11) on the basis of article 52 of this law in accordance with the procedure laid down in the Protocol of detention drawn up, the national border guard officials may put the call on hold foreigners specially furnished and equipped national police premises (hereinafter referred to as the temporary detention place), where there is a risk of absconding, or the foreigner posed a threat to national security or public order and security. Foreigner to be detained there for temporary detention places housing and apply the temporary detention place in internal rules. (12) the temporary detention place does not insert a foreigner, which is less protected person, a minor, a person with a disability, the person's age, in which the Republic of Latvia awarded old age pension, pregnant, a parent with whom a minor child's parent (children), and the person that endured serious forms of psychological, physical or sexual abuse. " 18. Replace article 63 in the fifth paragraph the word "Administration" with the words "national border". 19. Replace article 64, second paragraph, the words "in the third and fifth" with the words "and the third". 20. The transitional provisions: Supplement 26 to the text by the following: "a foreigner who received the termiņuzturēšan permit in accordance with article 23 of this law in the first part of paragraph 29 (22 April 2010), repeatedly requesting permission to termiņuzturēšan, apply this law article 23, first paragraph, paragraph 29 (26 May 2011) conditions, other than the" c "section. In the cases referred to in this paragraph, the first time the termiņuzturēšan permission requests, 23 of this law shall not apply to article 7.3 of the condition of the part of eur 5000 payment to the State budget. "; Supplement 27 to the sentence the following wording: "in the case referred to in this paragraph, the first time the termiņuzturēšan permission requests, 23 of this law shall not apply to article 7.3 of the condition of the part of eur 5000 payment to the State budget."; transitional provisions be supplemented by 29., 30, 31, 32, 33 and 34 as follows: "a foreigner who is 29 to august 31, 2014 has secured in the land ownership of the real estate corresponding to this law, article 23, first paragraph, the requirements of paragraph 29 (26 May 2011 or 2013 5 December), the first termiņuzturēšan permission can be requested on this basis no later than 2016 December 30. 30. Considering the documents in accordance with this law, the first paragraph of article 23 of the 28 submitted termiņuzturēšan permissions to request up to 30 June 2016, apply the provisions of this law, which was valid until 30 June 2016. 31. If the foreigner received termiņuzturēšan permit in accordance with this law, the first paragraph of article 23 of the 28 "a" section (29 may 2014) and the respective Corporation that employs no more than 50 employees and an annual turnover or annual balance sheet not exceeding eur 10 million, the investment made and with a valid termiņuzturēšan in the Republic of Latvia permit staying more than three foreigners, a foreigner who has the termiņuzturēšan permission under this law, article 23, first paragraph, paragraph 28 (a) of "a" (29 may 2014) by repeatedly requesting permission termiņuzturēšan in connection with an investment in a corporation or registering the termiņuzturēšan permission, submit documents showing that the investment made to comply with at least 50 000 euros, and the State budget paid 10 000 euro. Repeatedly asking permission, termiņuzturēšan not apply to this law article 23 conditions of about 5000 part 7.3 euro payment to the State budget. 32. the termiņuzturēšan Foreigners permission issued in accordance with this law, article 23, first paragraph, paragraph 28, point "b" (29 may 2014) and registration documents submitted by 30 June 2017, recorded by applying the provisions of this law, which was valid until 30 June 2016. 33. the foreigner who until 2016, 30 June termiņuzturēšan the permission received in accordance with this law, article 23, first paragraph, paragraph 28 and not subject to the transitional provisions laid down in paragraph 31, repeatedly requesting permission to termiņuzturēšan, apply this law article 23, first paragraph, paragraph 28, which was valid until 30 June 2016. In the case referred to in this paragraph, repeatedly requesting permission to termiņuzturēšan, do not apply this law article 23 conditions of about 5000 part 7.3 euro payment to the State budget. 34. Foreigners who received the termiņuzturēšan permit in accordance with this law, article 23, first paragraph, 31, repeatedly requesting permission to termiņuzturēšan, do not apply this law article 23 conditions of about 5000 part 7.3 euro payment to the State budget. " The law takes effect July 1, 2016. The Saeima adopted the law on 9 June 2016. The President r. vējonis 2016 in Riga on June 29.