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The European Union's Permanent Resident Status In The Republic Of Latvia

Original Language Title: Par Eiropas Savienības pastāvīgā iedzīvotāja statusu Latvijas Republikā

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The Saeima has adopted and the President promulgated the following laws: for the European Community's permanent resident status in the Republic of Latvia, article 1. The law is applied in the following terms: 1) continuous lawful residence, residence in the Republic of Latvia for at least five years immediately prior to the European Community of the long-term resident status of the submission of the request, if given time away from the Republic of Latvia has not been longer than six consecutive months or 10 months together. Absence is considered justified if they cause has been independent from the person (a person's illness, the onset of force majeure URu.tml.);
2) enough security of subsistence — regularly (at least the last 12 months) and a stable monthly income of at least one minimum monthly salary (normal business hours) or the person in the Republic of Latvia have been granted pensions. If the person is dependent on the family, the insufficient provision of subsistence is regular and stable monthly income of yourself and each family member at least minimum wage per;
3) a third-country national: a person who is not the Republic of Latvia, other Member State of the European Union, the countries of the European economic area or the Swiss Confederation. 2. article. (1) the law aims to promote the free movement of persons within the European Union.
(2) the law says the European Community grant long-term resident status and the loss of order in the Republic of Latvia. 3. article. (1) a third-country national is entitled to request the European Community to the permanent residence status in the Republic of Latvia (hereinafter status), if the following conditions occur simultaneously: 1) he has a sufficient livelihood support to maintain yourself and your dependents in the family;
2) he has mastered the language of the country;
3) he is continuously and legally resident in the Republic of Latvia as the Latvian citizen before the citizenship of another country as a non-citizen of Latvia or a residence permit.
(2) continuous residence period includes accredited educational institutions students or full-time student training time, but not more than half of it.
(3) continuous residence is excluded during the time when the third-country national stayed in the Republic of Latvia with visas, residence permits received temporarily (for example, as a nanny, a seasonal worker, employee, posted by a service provider, to ensure the provision of international services, or as an international service provider) or stayed in the Republic of Latvia in accordance with the 1961 Vienna Convention on diplomatic relations, the 1963 Vienna Convention on consular relations , the 1969 Convention on special missions or the 1975 Vienna Convention on the representation of States in connection with their relationship with international organizations of a general nature, as well as the time when the third-country national is found in a custodial institution.
(4) the Status of the national language of the required amount of knowledge, language skills, facilities inspection the State language skills testing, as well as the sort of person categories that lasting or irreversible health problems due to be granted relief from the State language skills test, and the resulting state of formal language skills, recognition of previously taken the necessary official language skills to the test, shall be determined by the Cabinet of Ministers.
(5) the State language skills to the test by a third-country national pay national dues set by the Cabinet of Ministers and in order. 4. article. (1) a third-country national wishing to acquire the status of citizenship and Migration Affairs Board (hereinafter the Board) or the Latvian diplomatic or consular office to produce a valid travel document and shall submit the following documents: 1 the laws of) residence permits proposed questionnaire for requesting a residence permit;
2) photo;
3) documents proving this Act article 3 first paragraph that such conditions are met;
4) documents showing that they have a residence in the Republic of Latvia (closed living space rental agreement URu.tml.);
5) payment document certifying that duty has been paid on the status of the documents necessary to request a hearing.
(2) on the request of the status of documents necessary for the hearing of a person shall pay the State fee within the Cabinet and in order.
(3) the third-country national who is residing in the Republic of Latvia with the termiņuzturēšan permission, status is requested not later than 90 days before the end of the period of stay. 5. article. (1) the decision on the status of the grant, refusal, decision on loss of status and cancellation of the residence permit shall be taken by the administrative officer, except that this article is referred to in the fourth paragraph.
(2) the decision of the officials of Government to a third-country national has the right to challenge the Administration's boss.
(3) the decision of the Chief Administration for third country national can appeal to the Court.
(4) the decision on refusal to grant status in accordance with this law, article 8, paragraph 4, and the decision on the status of residence permit of the loss and cancellation in accordance with this law, article 12 paragraph 6 takes the Interior Minister.
(5) in the fourth paragraph of this article, the Interior Minister said the decision to a third-country national has the right to appeal to the Supreme Court of the Republic of Latvia in the Senate Administrative Department. The application of third-country nationals to the Court for consideration in the order in which under immigration law is an application for the Minister for a decision on the inclusion of foreigners in the list of persons for whom entry into the Republic of Latvia is prohibited. The court filing does not suspend the operation of that decision. The applicant shall not be entitled to ask the Court to suspend the operation of this decision. 6. article. The decision on the grant or refusal of the status to be granted shall be adopted within three months from the date of submission of the document. 7. article. (1) a third-country national who has been granted status by the Board of the European Community issued permanent resident permit, valid for five years, and inform the citizen of his rights and obligations. The European Community's long-term resident permit shall be made in the mark ' EC long-term resident ".

(2) the third-country national who has been granted status, it is the duty of every five years to renew a residence permit, it is registered, the Administration submitted a questionnaire to request a residence permit and a valid travel document presented. 8. article. The designation is refused, if the third-country national: 1) is not subject to any of the article 3 of this law the conditions referred to in the first subparagraph;
2) has not submitted all the required documents and relevant information to the Administration can not get even;
3) supplied incorrect information;
4) endangers State security or public order, and of the competent security authority received opinion;
5) has received a residence permit in the Republic of Latvia to the students of accredited educational institution or full-time student teaching time;
6) 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. 9. article. The third-country national who has been granted status, is the Constitution of the Republic of Latvia in certain human rights and obligations, as well as other law of the Republic of Latvia the Latvian non-citizens or permanent residence in the Republic of Latvia received the rights of foreigners. 10. article. The third country national shall lose the status and residence permit issued to him is reversed where: 1) he has obtained the citizenship of Latvia;
2) he renounced the status;
3) status deprives him. 11. article. A third-country national may refuse of the status if he: 1) has obtained in another Member State of the European Union, the countries of the European economic area or the Swiss Confederation citizenship;
2) stand out on a permanent basis in another State or the European Community has been received by the permanent resident status in another country. 12. article. (1) a third-country national status deprives if he: 1) has obtained in another Member State of the European Union, the countries of the European economic area or the Swiss Confederation citizenship and not abandoned;
2) is received by the European Community of the long-term resident status in another country and not abandoned;
3) supplied incorrect information;
4) stayed without a break outside the territory of the European Union for 12 months;
5) without break stayed outside Latvia six years;
6) threatened national security or public order and received the competent security authority.
(2) the first paragraph of this article (4) and (5) in the cases referred to in the status would be withdrawn if the absence from third-country nationals for reasons independent of, or in connection with the education.
(3) the expected absence of a third-country national before exit log administration by submitting an application and documents certifying the absence of need (persistent treatment necessary, dispatch missions, joining the institution URu.tml.). 13. article. A third country national who has lost the status of this law, article 11, paragraph 2, and article 12, first paragraph 2., 4. and 5. in the cases referred to in points, is entitled to claim the status if you have resided in the Republic of Latvia with termiņuzturēšan permission for two years immediately prior to the submission of the request status. 14. article. (1) if the third-country national by status deprivation and cancellation of residence have no basis to stay in the Republic of Latvia, he had 30 days from the date of entry into force of the decision on the status of the withdrawal, the Republic of Latvia to leave.
(2) If a citizen of a third country referred to in the first subparagraph do not travel from the period of the Republic of Latvia, the decision on his expulsion and extradition takes out immigration law.
(3) if the third-country national status deprives and residence permit is withdrawn in accordance with this law, article 12, first paragraph, point 6 and this person is not a citizen of Latvia, Minister of the Interior decides on his forced expulsion. Forced evictions carried out immigration law.
(4) the third-country national in the Republic of Latvia, the immigration law may determine the entry ban.
(5) if the decision on status, loss and cancellation of the residence permit or expulsion is appealed, it will not stop the operation of the relevant decision. 15. article. A third country national who acquired the European Community's long-term resident status in another country, can enter into and stay in the Republic of Latvia to the immigration law. 16. article. A third country national who lost status, can stay in the Republic of Latvia Law "on the status of citizens of the former USSR, which do not have Latvian citizenship of another country or" established or to enter and reside in the immigration law. Transitional documents that the European Community's permanent resident status in Latvia to request submitted by this law into force, be dealt with in accordance with this Act. Informative reference to European Union directives, the law includes provisions deriving from Council of 25 November 2003 of Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents. The law adopted by the Parliament of 22 June 2006. The President of the Parliament instead of the President i. Otter Riga 2006 July 7