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Amendments To The Law Of Return

Original Language Title: Grozījumi Repatriācijas likumā

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The Saeima has adopted and the President promulgated the following laws: the repatriation Act amendments to make repatriation Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1995, nr. 22; 1998, 2, 23 no; 1999, no. 8) as follows: 1. the preamble of the law be expressed as follows: "Latvia is the world's only ethnic territory occupied by the Latvian and Livonian (līvi). Its advantageous geographical location due to Latvian and Livonian (līvi) increasingly have been exposed to other peoples and assimilation trends. The most serious genocide was the USSR's Communist terrorist at a time when hundreds of thousands of innocent people were sent to different camps. Many Latvian and Livonian (līvi) after World War II went into exile in the West. All this has led that Latvians in their homeland can be a minority, but Liv (līvi) a minority have already become.
Now, when the restored independent Latvia, the Republic of Latvia supports the nation's reunification and calls on the Latvian and Livonian (Livonian) who are aware of their membership of Latvia, to return to the ethnic homeland. "
2. Express article 2 by the following: ' article 2. Returnee returnee is a person who is a citizen of Latvia or one of the parents or grandparents is a Latvian or lībiet (Livonian), which voluntarily moves to a permanent life in the Republic of Latvia. "
3. To make the first paragraph of article 3 of the introductory paragraph as follows: "(1) the right to enter Latvia together with returnees are the following: the members of his family".
4. Supplement article 5, paragraph 7, after the words "repatriation" with the words "including integration of returnees".
5. To make article 6 by the following: "article 6. Citizenship and Migration Board of the return and exit function in matters of citizenship and Migration Affairs Board (hereinafter the Board): 1) the returnees;
2) inform returnees about documents needed for returnee status and their submission;
3) inform returnees about their social rights and guarantees;
4) examine repatriation documents, and shall take a decision on the status of the returnees or the decision on the refusal to grant the person the status of returnees, the status of the returnees are issued an identity document;
5) decide on the loss of the status of the returnees in the cases stipulated by law;
6) shall decide on the issue of the residence permit of the returnees, who is not a Latvian citizen, and his family members, as well as the decision on the withdrawal of the authorisation;
7) out with the integration of returnees;
8) accounting for the persons who want to stand out and which stand out from Latvia as well as to the competent authority the information supplied shall take a decision on the basis that there is no impediment to the person's departure from the country. "
6. Replace article 7 and in the first paragraph of article 20, the words "repatriation Center" (fold) with the word "Administration" (fold).
7. Article 8, be expressed in the title of chapter III and article 9 as follows: ' article 8. Municipal obligations repatriation issues (1) local government engage with the returnee integration issues in their administrative territory, as well as at the request of Government provide information about opportunities to provide returnees with residential space owned by the municipality.
(2) the municipality shall provide assistance to the returnees in housing matters in accordance with the law "On local government assistance in housing matters".
(3) the municipality may lawfully grant for returnees in land use residential home construction, if the municipal administrative territory is a free piece of land.
Chapter III, article 9 of the return policy. Documents on returnee status (1) a citizen of Latvia who wish to repatriate, submit to the Minister for the Interior: 1) confirm particular application;
2) passport copy;
3) two fotokartīt (35x45 mm);
4) written proof shows the intended place of residence in the Republic of Latvia.
(2) a Person wishing to repatriate and document submission is not a Latvian citizen, provided: 1 the Minister of the Interior) confirm particular application;
2) document certifying person or exchange of Latvian origin;
3) a copy of the birth certificate;
4) two fotokartīt (35x45 mm);
5) the foreign citizen — recognized in the Republic of Latvia valid copy of the travel document that denotes nationality, stateless persons in the Republic of Latvia: recognized a valid copy of the travel document;
6) written confirmation that the person is not a disorder or disease that threatens public safety and health and its members are mentioned in the list approved by the Ministry of Welfare;
7) nationality or home country competent authorities the certificate of criminal record (for people older than 14 years);
8) written proof shows the intended place of residence in the Republic of Latvia.
(3) the returnee family member who wants to enter the Republic of Latvia with the returnee, shall submit to the Minister for the Interior: 1) confirm particular application;
2) a copy of the birth certificate;
3) two fotokartīt (35x45 mm);
4) the foreign citizen — recognized in the Republic of Latvia valid copy of the travel document that denotes nationality, stateless persons in the Republic of Latvia: recognized a valid copy of the travel document;
5) written confirmation that the person is not a disorder or disease that threatens public safety and health and its members are mentioned in the list approved by the Ministry of Welfare;
6) nationality or home country competent authorities the certificate of criminal record (for people older than 14 years);
7) document certifying marriage or family relationship with the returnees;
8) written proof shows the intended place of residence in the Republic of Latvia.
(4) in the first, second or third subparagraph, such documents shall be submitted by the Republic of Latvia a person diplomatic or consular representation abroad, which it shall forward to the authority, or person to the Board if that person legally resident in the Republic of Latvia.
(5) submit documents (certificates, receipts, copies of documents) are valid for three months from their date of issue. Submit a copy of the document, to be presented in the original.
(6) documents issued abroad may be English, French, Russian or German. Different language documents and copies thereof must be submitted along with notarized the document text translation into Latvian, English, French, Russian or German.
(7) documents issued abroad unless Latvia legalizējam binding international agreements is not for other arrangements. "
8. To supplement the law with the 9.1 and 9.2 of the article as follows: "article 9.1. Decision (1) the Board within 90 days after the whole of article 9 of this law for the first, second or third subparagraph of receipt of documents: 1) adopted a decision on the status of the returnees or the decision on the refusal to grant the person the status of returnees;
2) shall adopt a decision on the permanent residence permit of the returnees, who at the time of submission of the document is not a Latvian citizen;
3) adopted a decision on the permanent residence permit of a returnee family member who, pursuant to article 9.2 of this law provided for in the first subparagraph, wants to enter the Republic of Latvia at the returnee and has lodged the application.
(2) the decision on the status of the returnees and the decision on the permanent residence permit is valid for six months after its adoption. The Administration may extend the validity of the decision for a period of up to nine months if returnee can prove that the entry of six months is not feasible for any valid reasons.
(3) a Person who has been granted the status of the returnees, the issue of the formal status of the returnees.
 9.2 article. The issue of the residence permit (1) Returnees, who at the time of submission of the document is not a Latvian citizen, as well as returnee family member who wants to enter the Republic of Latvia at the returnees (Government decision on returnee status during the period of validity), the permanent residence permit shall be issued in accordance with the procedure laid down in this Act.
(2) the returnee family member who does not use the first part of this article, the right to enter the Republic of Latvia at the returnees when entering the Republic of Latvia has the right to obtain a residence permit regulations.
(3) the residence permit is issued and recorded in the laws.
(4) the Returnees, who at the time of submission of the document is not a Latvian citizen, as well as returnee family permanent residence shall receive free of charge, except where the person izceļojus from Latvia after 4 May 1990 ".
9. Express article 11 and 12 as follows: "article 11. Appeal Board's decision (1) a Person shall be entitled 30 days after the Board adopted the decision on the refusal to grant it the status of returnees, to challenge their Government chiefs. Administration boss appearance of the application within 30 days after its submission.
(2) the decision of the Chief of government party or its authorized representative may appeal to a Court of law within 30 days of its adoption.

(3) appeals against decisions of the Court of Justice does not create rights to the person who is not a Latvian citizen, to stay in the Republic of Latvia.
 12. article. The loss of the status of the returnees (1) a Person shall lose the status of returnees or returnee family member's residence permit is cancelled, if the Administration become aware that: 1) the person has provided about yourself knowingly false statements;
2) person with a court decision found guilty of serious or particularly serious crime;
3) a person who is not a citizen of Latvia without interruption residing outside the Republic of Latvia for more than six months during the calendar year, except in the absence of the Board or a person applied for well documented that the absence was required for good reasons;
4 person izceļojus to permanent) life abroad.
(2) where the returnee is not a Latvian citizen, then, in making a decision on the status of the returnees, they also simultaneously withdraw a residence permit. Withdraw the residence permit also the returnee families.
(3) the Board of the decision taken shall immediately be notified to the party concerned.
(4) the Person managing the decision taken for the loss of the status of the returnees and the cancellation of the residence permit may be challenged pursuant to article 11 of this law. "
10. Turn off article 13.
11. To make article 14 the following: ' article 14. Help social issues for Returnees, who travel from Latvia until 4 May 1990, is entitled to receive social assistance matters under article 8 of this law. "
12. Express article 17 as follows: "article 17. Customs duties and customs fees for the Returnee to returnee not who travel from Latvia until 4 May 1990, and members of his family-owned property that the Republic of Latvia does not import prohibited or limited, across the State border of the Republic of Latvia to be imported without customs duty taxation and customs duties. "
13. Express article 19 by the following: ' article 19. The right to material assistance to Returnees (1) travel from Latvia until 4 May 1990, has a right to material assistance. The right to material assistance to those returnees are first and foremost, to save from the Communist and Nazi terror, leaving Latvia as refugees or were unjustly repressed or deported.
(2) if the person in article 12 of this law the reasons lose returnee status within five years from the date of the decision granting the status of returnees, it released the repatriation fund from its funds received material assistance.
(3) if the person fails to repay the aid received material, it loses the right to enter the Republic of Latvia until will be fully refunded in material aid received. "
14. transitional provisions be supplemented with paragraph 5 by the following: "5. the applications for returnee status, residence permits and material assistance, as well as applications for assistance in resolving social issues, submitted by 1 November 2002 and for which no decision is taken, the matter in law."
The Parliament adopted the law of 24 October.
State v. President Vaira Vīķe-Freiberga in Riga on June 6, 2002 November Editorial Note: the law shall enter into force on the 20 November, 2002.