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The Amendments To The Immigration Act

Original Language Title: Grozījumi Imigrācijas likumā

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The Saeima has adopted and the President promulgated the following laws: amended immigration law to make the Immigration Act (the Saeima of the Republic of Latvia 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) follows: 1. Article 1: express the following in paragraph 11: "11") visa-sticker set travel document. It certifies that the person has requested permission to enter and reside in the Republic of Latvia or in any 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 in any 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 in one of the Member States of the Schengen Agreement; "
to supplement the article with 12, 13 and 14 as follows: 12) a citizen of the Union "-foreigner, who is a Member State of the European Union, the countries of the European economic area or the Swiss Confederation citizenship;
13)-the Schengen agreement of 14 June 1985 agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at the common borders;
14) the Schengen Convention-19 June 1990 Convention implementing the 1985 Schengen agreement of 14 June between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at the common borders. "
2. in article 4: make the first part of paragraph 1 "f" at the bottom of the paragraph by the following: "(f)) it is a place of visas. This condition does not apply if the Republic of Latvia in binding international agreements stipulates that visas should not be; "
make the first part of paragraph 2 as follows: "2) is in possession of a valid visa, residence permit, the European Community resident's residence permit in the Republic of Latvia, the Union citizens ' family members a residence permit or to foreigners abroad-received a new travel document-previous travel document with a valid residence permit in the Republic of Latvia";
turn off the first part of paragraph 3, the words "or death";
turn off the second part of paragraph 6;
Add to sixth after the words "the Republic of Latvia" with the words "minimum insurance sum, minimum billable services and where foreigners can be issued a visa or residence permit without health insurance";
turn off the tenth.
3. Replace article 5, fourth paragraph, the words "a citizen of the European Union" by the words "a citizen of the Union".
4. in article 6: replace the words "on" with the words "for long-term visas or long-term visa valid concurrently as a short-stay visa";
to supplement the article with the sentence as follows: "Cabinet of Ministers shall determine the categories of persons who are exempt from payment of State fee."
5. Supplement article 9 the second paragraph of point 7 and 8 as follows: "7) has received the permission of the termiņuzturēšan in accordance with this law, article 23, first paragraph, paragraph 9;
8) is a Latvian ship registry registered crew member who carried out between folksy sea voyages. "
6. Express article 10 by the following: ' article 10. (1) Foreigners, taking into account the objectives of the entry may be issued: 1) Schengen Convention) in order to: (a) the airport transit visa-to, without passing through the Republic of Latvia or of any Member State of the Schengen Agreement, or a single Schengen visa member limit, set in the cross of the Republic of Latvia or of any Member State of the Schengen Agreement, or the separate territory of the Schengen agreement in the international transit area of the airport the international of flight aircraft landing or during the time while the transfer from one international flight aircraft to another international flight aircraft , b) transit visa-visa in order to enter, through the time of the Republic of Latvia or of any Member State of the Schengen Agreement, or a single Schengen transit the territory of the Member States and in the event of the short-stay visa, c)-in order to enter the visa specified time of stay in the Republic of Latvia or of any Member State of the Schengen Agreement, or an individual Member of the Schengen Agreement and the arrangement of its territory;
2) for the purposes of this law: (a) a long-term visa, b)), with a long-stay visa valid concurrently as a short-stay visa for entry into other Schengen Member States.
(2) the first paragraph of this article visa can be designed for one-time, or by multiple entry. "
7. in article 11: make the first paragraph by the following: "(1) the intended stay Visa shall not exceed 90 days in any half-year period, counting from the day the first-entry.";
replace the second paragraph, the word "Visa" with the words "long-term visa or long-stay visa, valid concurrently as a short-stay visa".
8. in article 12: make the first part of paragraph 3 as follows: "Cabinet of Ministers 3) he duly submit documents justifying the purpose of entry and residence and place of stay, or he has invitations;";
to supplement the first part of paragraph 4 by the following: "4) he is a valid health insurance policy that guarantees health care related costs expected stay in the Republic of Latvia or of Member States of the Schengen Agreement, including the arrival of foreigners back home because of his serious illness. Cases in which a foreigner may be issued visas without health insurance policies shall be determined by the Cabinet of Ministers. "
supplement paragraph 5 the second subparagraph with the following sentence: "the invitation is also required of the persons referred to in this paragraph and their spouses or minor children of the spouses;"
Add to paragraph 8 of the second paragraph with the following sentence: "this provision does not apply to foreigners who apply for a visa to get a work permit in the Republic of Latvia";
Add to the second part of paragraph 12 the following: "12) the applicant is the spouse of a citizen of the minor child."
9. Article 13: adding to the second part of the sentence the following wording: "visa may be issued under the competence of the other Schengen Member States officials.";
make the third paragraph as follows: "(3) in the light of the Council of 27 February 2003 Regulation No 415/2003 on the issue of visas at the border, including the issue of such visas to seamen who cross the State border transit, the Cabinet of Ministers designated border inspection posts may be issued: 1) transit visa-foreign sailors who cross the border to embark or re-embark on (or disembark from a ship), on which he will work (or have worked) for seamen;
2) transit visa or a short-stay visa-superior, with the administration of State border guard Chief, Consular Department Director or his authorized officers from individual permission-when it complies with international law, Latvia's national interests or is related to force majeure can or humane. "
10. Express article 15 the second sentence as follows: "If the issue requires additional information or article 17 of the Schengen Convention, the second part of the consultations with the Republic of Latvia or other Schengen Member States competent authorities, a decision shall be taken within 90 days."
11. in article 16: Add to the first paragraph with the following paragraph 16: "16) foreigners included in the Schengen information system, for the purpose of refusing entry.";
adding to the third paragraph with the sentence the following wording: "If a foreigner in accordance with the procedure laid down in this Act shall submit the documents applying for the residence permit, while in the Republic of Latvia or foreigner has a valid visa for multiple entry and residence permit required under this law, article 23, first paragraph, 2, 3, 4, 8, 9, 14, or 15, or the remaining visas issued visa term for the first part of this article 8. in the case referred to in paragraph 1 shall not be lifted."
12. Express article 18 as follows: "article 18. (1) the State border guard officials shall be appointed by a decision of refusal of the Republic of Latvia adopted and presented in accordance with 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 Parliament and the Council of 15 March 2006, Regulation No 562/2006).
(2) the State border guard officials shall be entitled to take a decision on the refusal of foreigners to enter the Republic of Latvia, the national border guard Chief.
(3) the State border guard Chief, or his authorized officer, within the Parliament and Council of 15 March 2006, Regulation No 562/2006 article 5 paragraph 4 of point "c" of the conditions may be granted entry into the Republic of Latvia for foreigners who do not fulfil the entry conditions. "
13. in article 23: turn off the first part of paragraph 2, the words "or commercial companies the only founder";
make the first part of paragraph 9 by the following: "9) for the period mentioned in the register of scientific institutions, scientific institutions in the scientific cooperation agreement concluded, but not more than five years;"

make the first part of paragraph 11 as follows: ' 11) for the period specified in the contract for the treatment of the fixed medical institution; "
make the first part of paragraph 17 the following: "17) for the period to one over her guardianship or trusteeship is established or to which he appointed as guardian or trustee in the Latvian citizen or not a citizen of Latvia;";
to supplement the first part with the following paragraph 24: "24) at the time, to which he was obliged by law to granted asylum, temporary protection. ';
to make the fourth subparagraph by the following: "(4) in the first subparagraph 1., 2., 3., 4., 6., 7., 8., 9, 10, 12, 13, 14, 15, 16, 19 and 20 in the cases referred to in paragraph termiņuzturēšan permits to foreigners residence permits issued to date is entitled to claim the spouse also foreigners, minors (also in custody) for children and dependent persons.";
replace the sixth paragraph, the words "a citizen of the European Union" by the words "a citizen of the Union".
14. in article 24: turn off the first part of paragraph 4;
replace the third paragraph, the words "a citizen of the European Union" by the words "a citizen of the Union".
15. Replace article 29, first paragraph, point 3, the word "and" with the word "or".
16. the express article 33 of the fourth subparagraph, the first sentence as follows: "If the foreigners are not entitled to reside in the Republic of Latvia in the first paragraph of this article, the period required for the Administration to examine the documents applying for the residence permit, the Chief or his authorized officer may be allowed to submit documents for the residence permit, if it complies with the national interests of Latvia or is associated with or can be compelling humanitarian considerations and are based on the relevant documents."
17. Article 34, first paragraph: make paragraph 8 by the following: ' 8) a foreigner with a court decision found guilty of a criminal offence in the Republic of Latvia or outside the law of the Republic of Latvia provides for penalty-imprisonment for a period of more than three years. This condition does not apply if the alien is granted the status of stateless persons in the Republic of Latvia, or a criminal record is deleted or removed in accordance with the procedure prescribed by law, but in relation to foreign criminal offences committed-last not less than five years after the custodial sentence; ";
Add to paragraph 23, after the words "civil service outside of the Republic of Latvia" with the words "residence permit or require the Latvian citizens, non-citizens of Latvia or of a permanent residence permit for foreigners who have received his spouse and their family have a common child".
18. in article 35, first paragraph: replace in paragraph 4, the words "of not less than two years" with the words "which is more than two years";
Replace paragraph 13, first sentence, the words "or more than six months" with the words "or with breaks more than six months";
Add to paragraph 18, after the words "civil service outside of the Republic of Latvia" by the words "or a residence permit issued by the host's spouse and their family have a common child";
Replace paragraph 22, the words "a citizen of the European Union" by the words "a citizen of the Union".
19. Replace article 36, first paragraph, point 4, first sentence, the words ", or for more than two years and six months" with the words "or intermittently for more than two years and six months".
20. the express article 40 of the fourth subparagraph by the following: "(4) the foreigner who refused to issue a residence permit or a residence permit is withdrawn, have the right to reside in the Republic of Latvia all opposition or appeal of the decision of the term, if the refusal of a residence permit or a residence permit is not justified by the cancellation of this law, article 34 of the first part of paragraph 13, article 35, paragraph 6, first paragraph, or with his inclusion in the list of foreigners that entry is prohibited in the Republic of Latvia in accordance with article 61 of this law, the first or the second part, and he refused or withdrawn: 1) a permanent residence permit, required under article 24 of this law, first paragraph 1, 2 or 8;
2) termiņuzturēšan permit required under this law, the first paragraph of article 25, paragraph 2 or article 26, paragraph 2 of the first subparagraph. "
21. To supplement the law with article 41.1 the following: ' article 41.1. (1) if the Government has information that the foreigners are in force in another Member State of the European Union adopted the decision on expulsion, government officials, considering the circumstances of the case and communicating with the Member of the European Union, adopted a decision on the recognition of that decision.
(2) decision to recognise and foreigners expelled from the Republic of Latvia in the following cases: 1) the decision is justified by the serious danger to national security or public order and security, and foreigners in the relevant Member State of the European Union is convicted of an offence for which the penalty provided for in-prison for at least one year;
2) decision based on the major threats to national security or public order and security, and there is reason to believe that the alien has committed a criminal offence, or has concrete evidence of its intention to make any such offences in the territory of a Member State of the European Union;
3) decision was based on the failure of the laws that determine the entry or residence of foreigners.
(3) the first paragraph of this article of the decision taken by the officials of the foreigner has the right to appeal, submitting the application to the Court. Submission of application to the Court does not suspend the operation of the decision.
(4) for the first part of this article, the implementation of that decision, inform the State border guard of the Member States of the European Union, which adopted the decision on expulsion.
(5) this article does not apply to citizens of the Union and their family members. "
22. the express article 47, third paragraph, the first sentence as follows: "the first part of this article, paragraph 2 in the case referred to in the decision on forced expulsion of foreigners from the Republic of Latvia and in the specified term of entry ban foreigners shall have the right, within seven days from the date of entry into force of the contest by submitting the submission management boss."
23. Article 48: replace the first paragraph, the words "Administration" with the words "Chief Administrative Officer";
make the second paragraph as follows: "(2) of this article, in the case referred to in the first paragraph of the decision taken on a forced expulsion of foreigners from the Republic of Latvia and the entry ban certain foreigners are entitled within seven days of the contest, with submission of the appropriate submission management boss. Complaint management supervisor, does not entitle the foreigners to reside in the Republic of Latvia. "
24. the express article 61 of the fifth subparagraph of paragraph 1 by the following: "1) in accordance with the Parliament and Council of 15 March 2006, Regulation No 562/2006 conditions a decision on refusal of entry in the Republic of Latvia, on the grounds that foreigners presented fake travel documents, visa or residence permit;".
25. Article 63: make the first part of paragraph 3 by the following: ' 3) in accordance with the Parliament and Council of 15 March 2006, Regulation No 562/2006 conditions a decision on refusal of entry in the Republic of Latvia, on the grounds that foreigners presented fake travel documents, visa or residence permit; "
supplemented with the sentence of the fourth subparagraph by the following: "If the re-entry ban shall be determined by the exodus of foreigners from the Republic of Latvia, the entry ban period shall run from the date of the decision."
26. Express article 64, first paragraph, point 4, the following wording: "4) Administration Manager – article 61 of this law in the fourth case referred to;".
27. the transitional provisions be supplemented with paragraph 15 as follows: "15. this law, in article 6 and article 12, first paragraph, point 3 of the Cabinet of Ministers Regulations provided for the entry into force, but not longer than until 1 January 2008 in force in April of 2007 the Cabinet of Ministers of 13 February rules 108" rules on the State fee for a visa, residence permit or long-term resident of the European Community, the Republic of Latvia the status of documents necessary for requesting a hearing and related services "and the Cabinet of Ministers on 9 December 2003, the Regulation No. 691 "foreigners" by the health insurance provisions, in so far as they do not conflict with this Act. "
28. Make the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 16 December 1996, Directive 96/71/EC on the posting of workers in the framework of the provision of services;
2) Council of 28 May 2001, Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals;
3) Council of 28 June 2001, Directive 2001/51/EC supplementing the article 26 of the Convention implementing the 1985 Schengen agreement of 14 June;
4) Council of 22 September 2003 of Directive 2003/86/EC on the right to family reunification;
5) Council of November 25 of Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents;

6) the European Parliament and of the Council of 29 April 2004, Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (text with EEA relevance);
7) Council of 29 April 2004, Directive 2004/81/EC on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have help is illegally immigrate and who cooperate with the competent authorities;
8) Council 13 December 2004, Directive 2004/114/EC on the conditions of admission of third-country nationals for studies, pupil exchange, unremunerated training or voluntary service;
9) Council October 12, 2005 Directive 2005/71/EC on a specific procedure for third country nationals the admission of persons for the purposes of scientific research. " The law adopted by the Parliament in the 2007 20 December. President Valdis Zatlers in Riga V 2008 January 9