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/ta/id/231630

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; 19. in 2011, no.) the amendments are as follows: 1. Article 1: to supplement the article with 2.1 as follows: "21) European Union blue card — termiņuzturēšan permit issued by the Republic of Latvia with highly qualified foreigners who are employed and on the agreed fee shall carry out work under the direction of the employer, as well as in the Republic of Latvia has acquired higher education courses, the duration of which the relevant specialty or contract of employment within the industry for at least three years;"
make paragraph 4 by the following: "4) expulsion order: administrative act that justified the illegal residence of foreigners and foreigners required for specified period voluntarily to leave the territory of the Member States of the European Union, and go back to their country of nationality, the third country from which he entered, or a third country, in which he has the right to enter;"
Add to article 5.2 as follows: "52) decision on forced expulsion — administrative act that justified the illegal residence of foreigners, the fact and determined to forcibly expel of foreigners from the territory of the Member States of the European Union on his country of citizenship, a third country, from which he entered, or a third country, in which he has the right to enter;"
Supplement to the article 6.1 paragraph by the following: ' 61) illegal residence, foreigners stay in the Republic of Latvia, which do not conform to the European Parliament and of the Council of 15 March 2006, Regulation No 562/2006 establishing a Community code on the rules governing the movement of persons across borders (Schengen borders code) (hereinafter referred to as the European Parliament and of the Council of 15 March 2006, Regulation No 562/2006), or in article 5 of this law and article 4 4.1 the residence; "
to supplement the article with a 14.1 point as follows: "141) third country: any country member of the European Union, European economic area and the Swiss Confederation;".
2. To supplement the law with article 2.1, the following: "2.1 article. (1) The citizens of the Union and their family members are subject to this law, in article 4, the third, fifth, sixth, eighth and ninth subparagraph, article 5, third paragraph, article 11, article 13, second and fourth parts, 14, 15, 16, 17, 18., the second subparagraph of article 20, article 21, article 46 of the fifth subparagraph, article 51, 50.5 50.4, the fifth subparagraph of article, 52, 53, 54, 54.1, 55. , 56, 57, 58, 59, 59.1, 59.2, 59.3., 59.4, 59.5, 60, of article 61 of the first paragraph of article 65.1 65.2 65.3, 65.4,,, 65.5, 66, 67, and the provisions of article 70.
(2) the order in which the citizens of the Union and their family members shall be appointed by the Republic of Latvia and maintained, as well as residence restrictions for these persons is determined by the Cabinet of Ministers. "
3. in article 4: make the first part of paragraph 2 as follows: "2) is valid visa a valid travel document, the Republic of Latvia or other Schengen residence permit issued by the Member State or the European Community a permanent resident permit. A foreigner who is a foreign State received the new travel document, you can use the previous travel document with a valid residence permit for the Republic of Latvia for the single entry for a new residence permit of the Republic of Latvia; ";
make the third paragraph as follows: "(3) in the Republic of Latvia is entitled to enter and reside in the foreigner, who in accordance with the provisions of this law included it in a list of foreigners entry is prohibited in the Republic of Latvia (hereinafter the list), or that the message contained in the Schengen information system, to prevent the entry and residence of foreigners in the territory of the Member States of the Schengen Agreement (hereinafter referred to as the prohibition of entry into the Schengen territory)."
4. Supplement article 4.1 with the fourth paragraph as follows: "(4) The local border traffic permit the necessary documents requesting examination of a foreigner pays the State fee set by the Cabinet of Ministers and in order. The Cabinet of Ministers shall determine the categories of persons who are exempt from payment of State fee. "
5. Put article 5, third paragraph as follows: "(3) the Foreigner must, if it is required under the competence of the public authority, to present this law article 4 and 4.1 in certain documents, as well as allow to remove your fingerprints."
6. Make article 9 of the second paragraph of point 7 by the following: ' 7) Republic of Latvia conducted scientific operations in accordance with the scientific cooperation agreement concluded with scientific institutions, scientific institutions on the register; ".
7. Article 13: replace the third paragraph, the words "in which the border inspection post" with the words "where the border crossing";
to complement the fourth paragraph after the word "registered" with the word "extension".
8. Replace the words "article 14 refusal to issue a visa, the visa issued the cancellation or withdrawal of visas" with the words "or extension, or refusal to issue a visa, issued to extend the visa revocation or cancellation of a visa".
9. the first subparagraph of article 15.1 in paragraph 9: to exclude the words "or specialist vacancy";
Add to paragraph with the words "or called in foreigners does not meet the qualifications of registered vacancies with the requirements set out in the application".
10. in article 16, first paragraph: make paragraph 6 by the following: ' 6) the foreigner on the list; "
make the following paragraph 16: "16) found that the foreigner is defined in the Schengen area entry ban;".
11. Express article 17 as follows: "article 17. (1) a decision on the issue or extension of visas, on the refusal to issue a visa, or to extend the visa cancellation or revocation shall be taken that article 13 of the law referred to in the second subparagraph of officials. The officer, in reaching a decision on the issue or extension of visas, on the refusal to issue a visa, or to extend the visa cancellation or revocation, within the applicable rules also take account of the principle of the protection of the public interest, promoting national security interests.
(2) the decision for this law, article 10, first paragraph, 1, 2, and 3. the point of issue or extension of the refusal to issue or renew such a visa, the visa cancellation or revocation shall be made in accordance with European Parliament and Council of 13 July 2009. Regulation No. 810/2009 establishing a Community code on visas (Visa code).
(3) the foreigner is the right decision for this law, article 10, first paragraph, 1, 2 and 3 referred visa refusal, cancellation or withdrawal within 30 days after the date of entry into force of this decision, submit the application and other documents to Latvian, English or Russian languages, challenged: 1) to the Director of the Consular Department, if the decision is adopted the mission official or consular department officials;
2) Minister of Foreign Affairs, if the decision is accepted by the Consular Department Director;
3) Administration Manager, if decided upon by the management authority;
4) State border guard Chief, if the decision is accepted by the national border guard official.
(4) the decision on the contested administrative act in accordance with the procedure laid down in the law, a foreigner may appeal to the district administrative court. The Court ruling is final and not appealable.
(5) the challenge of that decision and the appeal shall not suspend its activity.
(6) the court filing does not create a right of foreigners to enter and reside in the Republic of Latvia.
(7) the administrative district court, assuming that this article is the fourth ruling in the case referred to, examine the second and third subparagraphs of that decision in compliance with the legislation.
(8) case instituted on the basis of the application of this article the decision referred to in the third subparagraph, the Court may consider the written process, if it recognises that the existing evidence is enough to make this thing successful. Case writing process does not require the consent of members of the administrative procedure.
(9) officials refused to issue a long-stay visa, cancelled or abolished the long term visa is not obliged to explain the reasons for its decision.
(10) the decision on the refusal to issue a long-stay visa, a decision on the long-term visa for cancellation or revocation is final or appealable. "
12. Express article 18 the first paragraph by the following: "(1) the decision on refusal of entry in the Republic of Latvia State border guard officials shall adopt and shall be drawn up in accordance with the European Parliament and of the Council of 15 March 2006, Regulation No 562/2006."
13. Express article 21, third paragraph, the following: "(3) the costs relating to the detention of foreigners, detention and forced expulsion shall be borne by the carrier. Detection and recovery of expenditure in the order determined by the Cabinet of Ministers. "
14. in paragraph 22.1: express the following paragraph 2: "2) invited a foreigner on the list;"
make point 7 by the following: ' 7) found that the invitee foreigner entry ban is laid down in the Schengen territory; "
turn off paragraph 13, the words "or specialist vacancy" and add the words "or points in the qualification foreigners invited to meet the registered vacancies with the requirements set out in the application".

15. in article 23: make the first part of paragraph 6 by the following: "the conditions of time, 6), but not more than five years. If the European Union blue card is requested for a period not exceeding one year, it shall be issued for a period of three months beyond the term of the contract of employment; ";
turn off the first part of paragraph 10, the words "but not more than one year";
make the first part of paragraph 28: "the following 28) for a period not exceeding five years, if he has made contributions to the Corporation's share capital, increasing it, or has made an investment in the share capital of a capital company by establishing a new Corporation, and the investment is at least: (a)) 25 000 LVL, and it made a corporation that employs no more than 50 employees, which has an annual turnover or annual balance sheet not exceeding 7 million lats and whose financial year together the State budget and local budget as taxes paid at not less than 20 000 LVL 100 000 LVL, b); ";
make the first part of paragraph 29 by the following: ' 29) for a period not exceeding five years if he has purchased in the Republic of Latvia and has one or more real estate Riga planning region or city of the Republic, whose total real estate value is not less than 100 000 LVL, one or more real estate outside of Riga planning region or Republic cities and real estate, the total value of not less than 50 000 LVL If the following conditions exist simultaneously: a) he does not and never has been in the real estate tax payment arrears, b) of the total real estate value was payment of the non-cash form of settlement, c) real estate purchased from the Republic of Latvia registered legal entities or natural persons, which is a Latvian citizen, non-citizen of Latvia, EU citizen or foreigner who reside in the Republic of Latvia with a valid residence permit, d) purchased Riga planning region or city of the Republic in total real estate cadastre value them at the time of purchase shall not be less than 30 000 lats or outside Riga planning region or cities of the Republic the existing real estate total cadastre value at the time of purchase it is not less than 10 000 lats. If cadastre value is less than the specified in this subparagraph, the total real estate value shall not be less than the certified real estate appraiser determine real estate market value; ";
to complement the second subparagraph following the words "active" with the words "the result of which is to promote the economic development of the Republic of Latvia";
to supplement the article with the seventh subparagraph by the following: "(7) the foreigner who is illegally staying in the Republic of Latvia, had been illegally employed in particularly exploitative working conditions, as well as for foreigners who are minors, illegally staying in the Republic of Latvia, had been illegally employed, have the right to request permission to termiņuzturēšan the time required for unpaid wage claim from the employer, but not more than one year, if the foreigner has been employed for at least six months and have approached the Court with an appropriate application. Termiņuzturēšan permission can be requested again for the time necessary for unpaid wage claim from the employer, but not more than six months, if the proceedings are not paid wages for the recovery is finished, but the employer pay due to foreigners, not paid. Particularly exploitative working conditions are the working conditions and terms of employment, which generates a very disproportionate differences between legally employed employee working conditions and terms of employment and working conditions of foreigners and the terms of employment in the Republic of Latvia who are staying illegally, as well as gender discrimination or other forms of discrimination or distinction affecting foreigners of safety and health at work, as well as touching his dignity. "
16. Article 24: turn off the first part of paragraph 2, the word "minor";
make the first part of paragraph 10 by the following: ' 10) for which foreigners one of relatives in a straight line is Latvian or lībiet (Livonian) and making a permanent move to the Republic of Latvia ";
to supplement the first part of paragraph 11 with the following: "11), foreigners under the law of Return is a returnee family member. ';
adding to eighth following the words "study time" with the words "the Republic of Latvia".
17. Supplement article 31, second subparagraph, after the words "first" of this article with the words "and the third".
18. the express article 32 the first part as follows: "(1) the documents applying for the residence permit shall submit the representation of foreigners, which is not located in the Member State of the Schengen Agreement. If the foreigner has a valid residence permit from a Schengen Member States, they shall be entitled to submit documents to the mission, which is located in the Member State of the Schengen Agreement. "
19. Article 33: Supplement to article 1.1 and 1.2 in part as follows: "(11) the Minister of the Interior after claiming all the residence permit required documents receive the appearance and answer: 1) if termiņuzturēšan permit required under this law, the third subparagraph of article 23 of the 60-day period;
2) if the permanent residence permit required under article 24 of this law the second part: 90 days.
(12) the residence permit Administration prepare within 10 working days. After the foreigner's request or, if the foreigner's legal residence in the Republic of Latvia, the period is shorter than 10 working days, the residence permit shall be made within two working days. ";
to make the third and fourth subparagraph by the following: "(3) the documents applying for the residence permit or submitted for registration to the Administration: 1) in view of the fact that, in accordance with the first, 1.1 and 1.2, part of the response and the preparation of the residence permit of a foreigner does not exceed the period of legal residence in the Republic of Latvia;
2) residence permit for the child, who was born in Latvia, not later than 90 days after his birth.
(4) if the foreigner is entitled to reside in the Republic of Latvia in the first, set in part 1.1. and 1.2 document revision and preparation of the residence permit, during the administration of the Chief or his authorized officer may be allowed to submit documents for the residence permit or registration if it complies with the national interests of Latvia or is associated with or can be compelling humanitarian considerations and is based on the relevant documents. In such cases, the decision shall be taken: 1) five or 10 working days depending on the weather, a foreigner is entitled to reside in the Republic of Latvia, the termiņuzturēšan permission if requested or registered residence;
2) 45 days or 10 working days depending on the weather, a foreigner is entitled to reside in the Republic of Latvia of a request for permanent residence permit;
This article, part 3) 1.1, if the time limit specified in the decision on the grant of a residence permit to accept Interior Minister. "
20. Article 34, first paragraph: Add to paragraph 2 by the words "false statements" with the words "or the documents submitted were obtained unlawfully or is a fake";
make point 7 by the following: ' 7) a foreigner is listed or found that he has a specific prohibition of the entry the Schengen territory; "
Add to 28 with the words "the result of which is to promote the economic development of the Republic of Latvia";
Add to part with 31 and 32 as follows: "31) a foreigner has submitted documents to a European Union blue card and requesting: (a)) has acquired the status of refugee or subsidiary or temporary protection in the Republic of Latvia or has requested asylum in the Republic of Latvia and the final decision is adopted, b) has requested a residence permit in accordance with this law, article 23, first paragraph, point 9 (c)), he is in another European Union Member State of the European Community granted long-term resident status He shall appoint, d) pursuant to an international agreement that regulates the facilitate the entry and residence of foreigners in connection with trade and investment, e) he is staying in another Member State of the European Union as seasonal workers, f) his expulsion from the country postponed, g) he staying in the Republic of Latvia as a service provider;
32) has reason to believe that the alien's true residence the purpose of requesting the documents submitted do not match specified. "
21. Article 35: in the first subparagraph of paragraph 1 shall be supplemented by the words "false statements" with the words "or the documents submitted were obtained unlawfully or is a fake";
make paragraph 3 by the following: "3) foreigners is listed or found that he has a specific prohibition of the entry the Schengen territory;"
11. the following points to make:

"11") no longer exist or have changed to the circumstances on the basis of which foreigners received the permission of termiņuzturēšan. If the European Union blue card holder becomes a period of unemployment of the unemployed and of not more than three consecutive months, the European Union blue card be cancelled only when the cardholder is not announced to the Board or the period of unemployment has fallen again European Union blue card expiration date time; "
Add to part with such paragraph 27:27) there is reason to believe that the alien's true residence the purpose of requesting the documents submitted do not match specified. "
22. Article 36: turn off the first part of paragraph 8 and 9;
replace the second paragraph, the words "and the numbers 9 and 10 in the cases referred to in paragraph" with a number and the words "10. in the case referred to in paragraph";
replace the third paragraph numbers and the words "in paragraphs 12 and 13" with numbers and the words "12, 13 or 14".
23. Supplement article 40 with the seventh subparagraph by the following: "(7) If a foreigner with a valid in the Republic of Latvia, the European Union issued a blue card and who wants to change employer or with a valid in another Member State of the European Union issued a European Union blue card, submit the documents of the EU blue card to request the Republic of Latvia, the foreigner concerned and his family members have the right to stay in Latvia until the day When the decision is taken on a European Union blue card or residence permit or a decision on refusal to grant European Union blue card or residence permit. "
24. To make chapter V as follows: "the expulsion of chapter V, article 41. (1) if the foreigner's unlawful residence in the Republic of Latvia, he issued expulsion order, with the exception of article 42 of this law in specific cases.
(2) an expulsion order issued by the Chief of Government, or his authorized officer, in the following cases: 1) illegal residence of foreigners in the Republic of Latvia establishes regulatory authority;
2) illegal residence of foreigners in the Republic of Latvia establishes national border guard officer and there is any of the following circumstances: (a) the alien has been issued) the residence permit in the Republic of Latvia, b) foreigners staying in the Republic of Latvia for more than one year, (c) in the Republic of Latvia) legally residing foreigners the spouse, relatives up to the second degree or in a straight line up to the first grade side-line d) foreigners have had a Latvian citizen or non-citizen of Latvia , e) is a decision on the refusal to grant an alien refugee or alternative status in the Republic of Latvia, f) foreigner in this law have the right to request a residence permit, g) foreigners has done fine for the Republic of Latvia made a criminal offence, except for offences related to illegal border crossing, the illegal movement of persons across the State border or illegal stay in the country.
(3) if the illegal residence of foreigners in the Republic of Latvia establishes national border guard official, the expulsion order issued by the State border guard of the Chief or his authorized officer, with the exception of the second paragraph of this article, in point 2, in certain cases.
(4) if the foreigner's unlawful residence in the Republic of Latvia was established when he breaks out, the crossing of external borders, and it is not possible to issue an expulsion order to the international flight departure, public transport, border guard officials shall inform foreigners that their expulsion order will be issued which can be attached to the decision on the inclusion in the list, and the decision on the ban of the Schengen territory. In this case, the State border guard Chief, or his authorized officer within 10 days from the date of departure of foreigners under article 41 of this law, in the third paragraph, the specific competence and of expulsion orders issued the expulsion order shall enter into force from the date of issue. Departure order the foreigner is sent to his address, explaining to him in a language that a foreigner understand or which he reasonably should understand, if necessary, using the interpreter services, the expulsion order, it includes the listing decision and the decision on the ban of the substance of Schengen territory and for appeal.
(5) If the expulsion order issued, found that the foreigner entered in violation of the conditions of entry in the Republic of Latvia, and not in relation to their circumstances existed that allowed him to stay in the Republic of Latvia, the departure order shall specify the particulars of the nature of the infringement, of foreigners, a decision on the inclusion in the list of foreigners and the decision on the ban of the Schengen territory, the expulsion order for appeal, the date and place of composition, order issued by executive posts, name and surname.
Article 42. Expulsion order fails or a decision on forced return shall not be admissible if: 1) the foreigner is valid for other Member States of the European Union of the residence permit or other document giving him the right to reside there, and the foreigners immediately going on the territory of the Member States of the European Union;
2) foreigners taken back by another Member State of the European Union in accordance with the international agreement, the Republic of Latvia become binding until 13 January 2009.
3) Administration Manager or his authorised officer for humanitarian reasons shall take a decision to allow foreigners to a certain period of time, but no more than a year to stay in the Republic of Latvia;
4) in accordance with article 18 of this law, a decision is taken on the refusal of foreigners to enter the territory of the Member States of the European Union;
5) border the foreigners who illegally crossed the external border and for which no circumstances existed that allowed him to stay in the Republic of Latvia, shall take back the third country in accordance with the Republic of Latvia signed agreement or arrangement;
6) foreigners with a court judgment is ordered to additional penalty: expulsion from the Republic of Latvia;
7) according to the international cooperation in the field of criminal law a foreigner is subject to return or extradition proceedings.
43. article. (1) expulsion order imposed obligation at the set time limits of seven to 30 days. Foreigners shall have the right to leave the territory of the Member States of the European Union earlier than the departure order.
(2) an official who issued the expulsion order, at the request of the foreigner has the right to extend the first part of this article, the time limit for a period not exceeding one year. Concerning the extension of the foreigners notifies in writing.
(3) If requesting a residence permit, a foreigner has provided incorrect information or request a residence permit is clearly unfounded, the period within which the foreigner must follow the expulsion order, you can set a shorter than seven days.
44. article. (1) the administration of the Chief or his authorized officer or border guard chiefs of State or his authorized officer the expulsion order is entitled to include in the decision on the inclusion in the list of foreigners and the decision on the ban of the Schengen territory, pursuant to article 61 of this law of the fourth or fifth subparagraph.
(2) the expulsion order does not include a decision on the inclusion in the list, and the decision on the ban of the Schengen territory, if a foreigner in accordance with concerned laws regulating is recognised as victims of trafficking or been involved in illegal immigration and has collaborated with the national authorities concerned. This condition does not apply to foreigners who, in accordance with the opinion of the competent authorities of the threat to national security, public order or security.
(3) the authority that issued the expulsion order, it includes the decision on entry ban for the Schengen area may cancel or set a deadline for the entry ban be shortened if foreigners can prove that he has fully complied with the expulsion order.
Article 45. (1) an alien in respect of whom a decision on forced return or expulsion order issued, are entitled to apply for the aid provided by international organisations, associations or foundations, he volunteered to return to the country of origin (hereinafter referred to as a voluntary return program).
(2) the administration of the Chief or his authorized officer or border guard chiefs of State or his authorized officer is entitled to cancel the decision on forced expulsion, if a foreigner, for which it applied for a voluntary return programme and the international organization, society or foundation for it informed the decision of the issuing authority. Repealing the decision on forced expulsion, expulsion order issued to foreigners.
(3) the second paragraph of this article, the provision does not apply if there is any of the following circumstances: 1) foreigners in accordance with the opinion of the competent authorities of the threat to national security, public order or security;
2) foreigners in the past used the voluntary return programme.

Article 46. (1) if the residence of foreigners in the Republic of Latvia is unlawful, regulatory Chief or his authorized officer or border guard chiefs of State or his authorized officer pursuant to article 41 of this law in the second and third part competence decision on forced return if there is this law, article 51 of the circumstances referred to in the second subparagraph.
(2) If a foreigner had issued expulsion order, but article 51 of this law in the second part of these conditions after the departure order, the officer who issued the expulsion order, shall take a decision on a forced return of foreigners.
(3) when deciding on the expulsion, officials forced this decision include the decision on the inclusion in the list, and the decision on the ban of the Schengen territory and establishes the ban period in accordance with article 61 of this law, a fourth or a fifth. An official decision on forced expulsion may include a decision on the inclusion in the list, and the decision on the ban of the Schengen territory, where the decision on forced expulsion in respect of minors adopted by foreigners.
(4) If a decision on forced return, it is found that the foreigner entered the breach of the conditions of entry in the Republic of Latvia and their conditions have not existed, which allowed him to stay in the Republic of Latvia, the decision on forced expulsion of foreigners, the message indicates, the nature of the infringement, a decision on the inclusion in the list of foreigners and the decision on the ban of the Schengen territory, the decision on a forced return for appeal, the date and place of composition a decision on forced return, adopted executive posts, name and surname.
(5) if the Minister of the Interior or the Minister of Foreign Affairs, on the basis of article 61 of this law, the first or the second part, taken a decision on the inclusion in the list of foreigners and foreigners is located in the Republic of Latvia, the country's border guard Chief, or his authorized officer, within eight days from the date of the established fact that the foreigner is located in the Republic of Latvia, shall take a decision on a forced return of foreigners.
47. article. Foreigners are not expelled, if there is an asylum law in article 20 or in the first paragraph of article 23 referred to in the first subparagraph.
48. article. (1) the administration or the national border guard officer presented the foreigners in a language that he understands, or which he reasonably should understand, if necessary through an interpreter services, with the expulsion order, or the decision on expulsion, forced to include the decision on the inclusion in the list, and with the decision on the ban of the Schengen territory, explaining its nature and for appeal, as well as informing foreigners of the right to legal aid.
(2) at the request of the foreigners authority which issued the administrative act concerned, ensure the expulsion order or of the decision on forced return of main components (fact-finding, administrative reasons, the recipient of the Act impose legal obligation, where and what time period this administrative act may be challenged or appealed) translation. The authority shall ensure that the oral or written translation for foreigner in a language that he understands, or which he reasonably should understand, if necessary, through interpreter services.
(3) the authority, in making a decision on forced return, immediately notify the Ombud.
49. article. Administration or State border guard Chief may revoke or suspend their authorities officials issued the expulsion order or of a decision on forced return and the decision contained therein for inclusion on the list and the entry ban on the operation of the Schengen territory, if the circumstances have changed, which was the basis for the administrative act was issued, including the conditions have been mentioned in article 47 of this law, or for humanitarian reasons.
50. article. (1) Foreigners shall have the right, within seven days after the entry into force of the departure order or decision on forced expulsion and the decision contained therein for inclusion in the list, and the decision on the ban of the Schengen territory, challenging the highest order of subordination. Foreigners present on the contested decision or the decision of expulsion orders for forced expulsion in a language that he understands, or which he reasonably should understand, if necessary through an interpreter services, explains to him the nature of the decision and the appeals procedures, as well as inform him of the right to legal aid.
(2) in accordance with article 41 of this law, the fourth part of the expulsion order issued and it contains a decision on inclusion in the list, and the decision on the ban of the Schengen territory the challenge shall not suspend the operation of that decision.
(3) in accordance with article 46 of this law of a decision on forced return and include the decision on the inclusion in the list, and the decision on the ban of the Schengen territory the challenge shall not suspend the operation of that decision.
Article 50.1. (1) in accordance with article 50 of this law in the first part of the decisions taken within seven days after the date of its entry into force have the right to appeal to the district administrative court. Case instituted on the basis of an application for the Authority's decision on the disputed expulsion order or decision on a forced return, the administrative district court hears written process, if the foreigner has not asked for the case to be examined during the oral procedure.
(2) the filing of the Court in accordance with article 41 of this law, the fourth part of the appeal of expulsion orders issued do not suspend the expulsion order of operation.
(3) in accordance with article 46 of this law of a decision on forced return of appeal shall not suspend the operation of that decision.
(4) administrative district court decision can be appealed to the Supreme Court, the Senate Administrative Department. The appearance of the writing process, and it does not require the consent of members of the administrative procedure.
50.2 article. (1) Foreigners the right to legal aid Act on State legal aid in the case in point and is where: 1) he does not have enough funds, he is staying in the Republic of Latvia and their expulsion order or issued the decision on forced return of execution is halted;
2) he in this Act in the cases and in the order on hold and stay in the Republic of Latvia specially arranged premises or accommodation.
(2) the first subparagraph of this article, paragraph 1 in the case referred to in the contested decision for the foreigners, the expulsion order or of the decision on forced return within the time limit for appeals to the authority which took the decision on the expulsion order or a contested decision on forced expulsion, complete the application for State legal aid demand and income. This application form is determined by the Cabinet of Ministers.
(3) the authority which adopted the contested decision on the expulsion order or decision on forced return, getting the application for State legal aid demand and income immediately, but not later than the next business day, forward it to the body responsible for State legal aid. The application of the contested decision of the expulsion order, or the decision on forced return.
(4) the application for State legal aid request and submission of income to the authority which adopted the contested decision on the expulsion order, or the decision on expulsion, forced suspension of the time limit for appeals to the day when the foreigner on the basis of the decision on State legal aid, is the first legal advice provided or there is a decision on refusal to grant State legal aid.
(5) if the foreigner first part 2 in the case referred to in paragraph wishing to receive State legal aid, the State border guard of the immediately, but not later than the next working day after the decision on the contested decision on forced expulsion, invite legal aid provider from a list prepared by the authority, which is responsible for State legal aid.
(6) the first subparagraph of paragraph 2, in the case referred to in the legal aid provider for State legal aid paid by the authority responsible for the national legal aid provision, consistent with the laws that govern the State legal aid, the amount paid and the amount of the provision of legal assistance reimbursed related expenses and the cost of the order.
(7) if the administration or the State border guard is in possession of information that a foreigner who has been granted legal aid provided by the State, travel from the Republic of Latvia, they shall immediately inform the authority responsible for State legal aid.
50.3 article. (1) the State border guard of the organized and carried out the forced expulsion of foreigners.
(2) the procedure for the forced return of foreigners shall be determined by the Cabinet of Ministers.

(3) the order in which the Republic of Latvia shall receive and provide assistance to the Member States of the European Union and the Schengen agreement Member States through forced return, the amount of assistance as well as the order in which to organize joint flights between the Member States of the European Union and the Schengen agreement Member States determined by the Cabinet of Ministers.
50.4 article. The deadline for the entry ban on the Schengen territory shall be counted in accordance with article 63 of this law in the fourth.
50.5 article. (1) if the foreigner, who issued the expulsion order or in respect of which the decision on forced expulsion, is not a valid travel document and it is not possible to obtain through diplomatic or consular services, he issued exit documents.
(2) the document and Exit the procedure determined by the Cabinet of Ministers.
50.6 article. (1) If the Board or the State border guard of the finding that for foreigners, is in force in the other Member States of the European Union adopted a departure order or decision on a forced return, the boss or his authorized officer or border guard chiefs of State or his authorized officer, after considering the circumstances of the case and contact with the Member of the European Union is entitled to take a decision on the expulsion order, or the decision on the recognition of forced return in such cases : 1) other Member State of the European Union, the expulsion order or decision on a forced return based on the major threats to national security, public order or safety, and foreigners in the relevant Member State of the European Union is convicted of an offence for which a penalty — imprisonment for at least one year;
2) other Member State of the European Union or the decision of expulsion orders for forced expulsion justified by serious threats to national security, public order or safety, and there is reason to believe that the alien has committed a criminal offence, or has given evidence of his intention to do any such act of the territory of a Member State of the European Union;
3) other Member State of the European Union or the decision of expulsion orders on a forced return was based on the failure of the laws that determine the entry or residence of foreigners.
(2) if the State border guard is in possession of information that a foreigner, which is in force in the other Member State of the European Union adopted the expulsion order, in order to execute the expulsion order plans to cross the territory of the Republic of Latvia in transit, the country's border guard Chief, or his authorized officer, after considering the circumstances of the case, is entitled to take a decision on the recognition of the expulsion order.
(3) the decision of the other Member States of the European Union, the expulsion order, or the decision on the recognition of forced return foreigner has the right to appeal against the application submitted to the Court. The court filing does not suspend the operation of the decision.
(4) The recognized other European Union Member State expulsion order or decision on a forced return to the State border guard of the Executive shall inform the Member States of the European Union, which adopted the expulsion order, or the decision on forced expulsion.
50.7 article. (1) the forced removal process observe the Ombudsman.
(2) observation of the process forced return: 1) the forced return of detained foreigners visiting accommodation to assess the accommodation and subsistence conditions, including the provision of medical and other needs;
2) foreigners to be questioned to find out their awareness of forced return process, his rights and the possibility of their implementation;
3) bated withdrawn at the time of the apprehension of the person personal belongings, transportation check in from detainee accommodation centre to the point of departure, luggage transfer and registration, as well as participation in the observation of forced removal process in the actual implementation, in order to assess the human rights of foreigners in the returnees.
(3) the Ombudsman is entitled to involve in the process of forced return in society or the observation Foundation whose objective is related to the monitoring of this process. The involvement of the Association or Foundation in the process of forced return, the Ombudsman examined the observation Association or foundation the competence for the activity in question and agree that this article is referred to in the second subparagraph the forced removal process during which the Association or Foundation is accredited to observe. Ombudsman may associate each in the second part of the forced return referred to in process monitoring, one society or Foundation. Ombudsman may not engage in forced return process observation society or foundation that violated the fourth paragraph of this article, a condition. The Ombudsman shall inform the State border guards about the associations or foundations that are authorized the forced return process to observe.
(4) the Ombudsman, as well as the forced deportation of the society involved in the monitoring process and the representatives of the Foundation (hereinafter referred to as the observer) forced removal process in the course of the observation is forbidden to interfere with the process of forced return.
(5) if the observer is in possession of information about conditions that can affect the processes of forced return or implementation, as well as to endanger the health or safety of persons, the observer shall inform the State border guard officials.
(6) the observer shall have the right to: 1) extract from the appropriate national authorities, which is involved in the forced expulsion of foreigners, the information about the foreigners return processes and measures taken;
2) call upon specialists (for example, lawyers, medical persons, interpreters) forced expulsion of foreigners subject to the necessary consultations;
3) to organize assistance for the improvement of housing, care of the clergy, as well as other support.
(7) the observer, making the sixth part of this article, these measures, on the planned activities in writing, without delay, inform the State border guard officials who implemented the forced expulsion of foreigners in the process.
(8) after the forced removal process is completed, the Observer shall draw up a report on the deficiencies identified, and recommendations for improving the process of forced return. Ombudsman's report on the deficiencies identified and summarized the recommendations of the development process of forced return shall be submitted to the Ministry of the Interior for assessment.
50.8 article. (1) the Board and the State border, finding minor foreigners, who have no parents or his legal representative and accompanied by a residence is illegal in Latvia, immediately inform the police and the public fosters and act in order to ensure the child's rights and interests throughout the removal process under the protection of the rights of the child and the laws governing it.
(2) the removal procedure, minors who are foreigners without parents or his legal representative for unaccompanied personal and property relations of the family courts or its representative appointed guardian or child care institutions.
(3) If the minor foreigners, who are without parents or his legal representative, accompanied by the identity and citizenship or country of residence, the State border guard of the Consular Department to communicate with the diplomatic or consular representation, the relevant competent authorities or non-governmental organizations that monitor the rights of children in the country, and take other necessary measures to ensure the expulsion order, or the decision on expulsion and forced underage foreigners in who is without parents or his legal representative, the transfer of the custody of a family member, a legal representative, parent representative who monitors compliance with the rights of the child in the country, or with a representative of the authority provide a child into a suitable host body. "
25. Turn off chapter VI.
26. Express article 51 as follows: "article 51. (1) the State border guard officials shall have the right to detain foreigners, except minor foreigners, who has not reached 14 years of age if: 1) to the subject of an expulsion procedure in accordance with this law, 41, 46. or 50.6 article;
2) he is back for the third country or another Member State of the European Union in accordance with the Treaty or agreement that provides for the readmission of persons residing in the national territory without authorisation.
(2) the State border guard officials shall be entitled to take a decision on the detention of foreigners, if there are reasonable grounds for believing that he would avoid removal procedures or disrupt its preparation or there is a risk of absconding, foreigners and justify it any of the following circumstances: 1) foreigners hiding your identity, provide false statements or otherwise refuses to cooperate;
2) alien crossed the external border, avoiding border checks, as well as the use of fake travel documents, false visa or residence permit;
3) a foreigner can not be in the place where he is staying until the end of the expulsion procedures;

4) competent national or foreign authority provided information that is the basis for it to be considered a foreigner endangers national security, public order or security;
5) foreigner is involved in promoting illegal immigration;
6) has been convicted of foreigners in the Republic of Latvia made a criminal offence for which the penalty provided for is related to the deprivation of liberty of at least one year;
7) foreigner previously avoided deportation procedures in the Republic of Latvia or another Member State of the European Union;
8) foreigner unfounded has not fulfilled the departure order;
9) foreigners unduly is not noticed the obligation to enroll in the national border guard unit;
10) a foreigner before arbitrarily detained the foreigners left the accommodation centre or detention facilities;
11) the foreigner travelled to the Republic of Latvia, the decision on the listing or the decision on the ban of the Schengen territory.
(3) the national border guard official, in deciding the question of the detention of foreigners on humanitarian grounds may decide to apply one of the following alternative means: hold 1) regular check-in within the State border guard unit;
2) travel documents and other foreigners held by the identity documents of the national border guard official.
(4) the State border guard officials in the decision referred to in the third subparagraph of the imposition of the duties indicate the details of foreigners, his obligations and conditions, as well as add a photo of the foreigners decision.
(5) the national border guard official detained foreigners to: 1) perform his forced expulsion. If the foreigner with the judgment of the Court ordered additional penalty: expulsion from the Republic of Latvia, they have the right to withhold delivery of the judgment of the Court, if the case has not been applied to foreigners, a security feature: in detention;
2) ensure the removal procedure provided for in article 46 of this law in the fifth subparagraph. "
27. Article 54: express the following fourth subparagraph: "(4) the national border guard official application for the extension of the detention may be lodged to the Court repeatedly, but the total period of detention may not exceed six months, except for the seventh part of this article, a certain case.";
turn off the fifth;
to supplement the article with the seventh subparagraph by the following: "(7) the judge may decide that this article is referred to in the fourth subparagraph, the extension of detention, up to an additional 12 months if the foreigner refuses to cooperate or late receipt of the required documents from third countries."
28. Make 54.1 the first paragraph as follows: "(1) a judge, deciding on detention, a detention extension or refusal to extend the term of detention shall be evaluated and taken into account in the extradition procedure clear circumstances, as well as to whether this law is in effect Article 51 in the second part of the said circumstances that were the basis for the detention of foreigners."
29. Replace article 56 in the third paragraph, the words "to him in plain language" with the words "in a language that a foreigner understand or which he reasonably should be understood".
30. Article 57: supplement the first sentence of the first subparagraph after the word "the" with the words "the fingerprints and photograph him";
to supplement the article with the fourth paragraph as follows: "(4) the national border guard has the right to define and organize the document, object, language, medical and other examinations and tests to identify the nationalities of the foreigners, and his country."
31. the express article 59.4 as follows: "article 59.4. The detained foreigners released: 1) if the period of detention or if the Court made a decision on the refusal to extend the term of detention;
2) after a forced return;
3) in accordance with national border guard officials in the decision on the release of the detained foreigners if there are circumstances which were lost as the basis for his detention, or it is not possible to obtain the necessary documents to make foreigners forced expulsion procedure. "
32. To supplement the article with 59.5 the third subparagraph by the following: "(3) the costs of the minor foreigners accommodation child care institution who is without parents or his legal representative shall be covered under escort of the laws and regulations governing social services and social assistance."
33. To exclude articles 37.0.
34. Article 61: make the introductory part of the first subparagraph by the following: "(1) the Minister of the Interior decides on the admission of foreigners in the list, if there is any of the following circumstances:";
to supplement the first part of paragraph 7 as follows: "7) a foreigner convicted of Republic of Latvia made a criminal offence for which imprisonment is provided for at least one year.";
to make the second, third, fourth and fifth paragraph as follows: "(2) if the foreigner is not desirable for the Republic of Latvia a person (persona non grata), about his inclusion in the list decided by the Minister of Foreign Affairs.
(3) where a decision to refuse to issue, revoke or cancel the visa or foreigner helped another foreigner to submit documents for requesting a visa to illegally obtain a visa, a listing of foreigners acting Consular Department Director or officer of the diplomatic mission, which is to carry out consular functions.
(4) Administration Manager or his authorised person shall decide on the admission of foreigners in the list, if there is any of the following circumstances: 1) for foreigners, a decision to revoke or cancel the visa;
2) in accordance with article 34 of this law, first paragraph, 6, 13, 15, 16 or 19 of the decision has been taken to refuse issue of a residence permit or registration, or in accordance with this law, 35, the first paragraph of article 6, 7, 16, 17 or 20 or article 36, first paragraph, point 3 or 6 a decision to withdraw a residence permit;
3) foreigners last year violated the statutory conditions of entry and residence of foreigners, the order of the Republic of Latvia or another Member State of the Schengen Agreement or the customs rules;
4) the foreigner has not fulfilled the prescribed period of expulsion orders;
5) foreigner has helped another foreigner to immigrate illegally in the Republic of Latvia and it is found by a court or Prosecutor's statement about the penalty, or the decision on the termination of criminal proceedings, the conditional relief from criminal responsibility;
6) foreigners have done fine on the Republic of Latvia made a criminal offence.
(5) the State border guard Chief, or his authorized officer shall decide on the admission of foreigners in the list, if there is any of the following circumstances: 1) for foreigners, a decision to revoke or cancel the visa;
2) a foreigner last year illegally crossed the external border or otherwise breached the statutory conditions of entry and residence of foreigners, the order of the Republic of Latvia or another Member State of the Schengen Agreement or the customs rules;
3) a foreigner has not fulfilled the prescribed period of expulsion orders;
4) according to the European Parliament and of the Council of 15 March 2006, Regulation No 562/2006 conditions a decision on refusal of entry to the territory of the Member States of the European Union, on the basis that a foreigner shall produce counterfeit travel documents, visa or residence permit;
5) foreigner was deported from Latvia's compulsions and the State budget is not reimbursed by forced expulsion, detention and detention of associated costs;
6) foreigners have helped another foreigner to immigrate illegally or illegally stay in the Republic of Latvia and it is found by a court or Prosecutor's statement about the penalty, or the decision on the termination of criminal proceedings, the conditional relief from criminal responsibility;
7) foreigners have done fine on the Republic of Latvia, criminal offences related to illegal border crossing or illegal stay in the country. "
35. Article 63: make the first paragraph by the following: "(1) when deciding on the inclusion of foreigners in this list article 61 of the law on the third, fourth and fifth in the cases referred to in part, simultaneously determines the entry ban for a period of 30 days to three years.";
to turn off the second part;
make the third paragraph as follows: "(3) when deciding on the inclusion of foreigners in a list article 61 of this law in the first and in the cases referred to in the second subparagraph, at the same time determine the entry ban for a specified or unspecified period.";
to supplement the article with the seventh subparagraph by the following: "(7) the authority which took the decision on the inclusion in the list of foreigners, setting a deadline for the entry ban, which exceeds three years, the review of decisions taken every three years from the date of adoption of the decision and, if it is lost the need for inclusion in the list of foreigners to the appropriate time-limit, the decision to shorten the term of prohibition or cancel entry ban."
36. Article 66 of the expression by the following: ' article 66. (1) expenditure on foreigners forced expulsion, detention and detention or sent to a country which they readmitted to be covered from the State budget.
(2) in the first subparagraph above expenses recovered from foreigners, his host, or from the employer, if it employed the illegal foreigners illegally on the Republic of Latvia. "

37. Article 67 of the expression as follows: "article 67. With foreigners forced expulsion, detention and detention or sent to a country that he be taken back, the associated costs and the collection procedure is determined by the Cabinet of Ministers. "
38. Article 69 of the turn.
39. transitional provisions be supplemented with 17, 18, 19, 20 and 21 by the following: "17. A foreigner who until 2011 June 30, received the termiņuzturēšan permission on the basis of this law, article 23, first paragraph, paragraphs 28 and 29, may stay in the Republic of Latvia to the termiņuzturēšan issued the permit expires, unless they acquire real property cadastre or market value does not comply with this law, article 23, first paragraph of the" d "paragraph 29 above a certain value.
18. This law 4.1 the fourth part of article shall enter into force on July 1, 2011.
19. To this law, in the second paragraph of article 2.1 and article 13 referred to in the third subparagraph of the Cabinet from the date of entry into force of the provisions, but not longer than until 1 September 2011 to apply to the Cabinet of Ministers of 29 March 2011 rules no. 243 "procedures in the Republic of Latvia shall be appointed and maintained by the Member States of the European Union, European economic area and nationals of the Swiss Confederation and their family members" and the Cabinet of Ministers of 12 October 2010 rules no 958 "visa regulations".
20. Article 21 of this law To the third part and referred to in article 67 of the Cabinet from the date of entry into force of the provisions, but not longer than until 1 October 2011 to apply to the Cabinet of Ministers on 9 September 2003, the Regulation No 504 "procedures defined and driven by foreigners, expulsion and detention in detention-related expenditure".
21. Article 50.2 this law enter into force simultaneously with the amendments to the Act on State legal aid. "
40. Add to the informative reference to directives of the European Union with 10, 11 and 12 of the following paragraph: ' 10) of the European Parliament and of the Council of 16 December 2008. of Directive 2008/115/EC on common standards and procedures in Member States for the return of third-country nationals illegally staying;
 11) Council on 25 May 2009. directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment;
 12) the European Parliament and of the Council of 18 June 2009. directive 2009/52/EC laying down minimum standards on sanctions and measures against employers of illegally staying third-country nationals staying illegally. "
The law shall enter into force on the day following its promulgation.
The law in the Parliament adopted 26 May 2011.
President Valdis Zatlers in Riga V 2011 June 15.