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Amendments To The Law "on Aliens And The Conditions Of Entry And Residence Of Stateless Persons In The Republic Of Latvia"

Original Language Title: Grozījumi likumā "Par ārvalstnieku un bezvalstnieku ieceļošanu un uzturēšanos Latvijas Republikā"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on aliens and the entry and residence of stateless persons in the Republic of Latvia" make law "on aliens and the conditions of entry and residence of stateless persons in the Republic of Latvia (Republic of Latvia Supreme Council and Government Informant, 1992, 27.-28. No.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 3, 9.; 10. in 1995, no; 1996, no. 19) the following amendments: 1. Replace the entire text of the Act, the words "the Council of Ministers of the Republic of Latvia" (fold) with the words "Cabinet" (fold).
in Chapter 2, "the terms used in the law": replace the words "the Republic of Latvia, the citizenship and Immigration Department Director" with the words "Ministry of the Interior of the citizenship and Migration Board Chief";
Add to chapter with the following explanation: "the term of non-citizen — a person who, in accordance with the law" on the status of former USSR citizens who are not Latvian or other nationality "are entitled to a Latvian citizen's passport not issued. ';
to make the term "returnee" explanation as follows: "Returnee — a person who is a citizen of Latvia or one of the parents or grandparents is a Latvian or Livonian and moving permanently in Latvia."
3. Replace the words "in article 5 of the Republic of Latvia, the citizenship and Immigration Department (hereinafter the Department)" with the words "Ministry of citizenship and Migration Affairs Board (hereinafter the Board)".
4. Replace the entire text of the Act, the word "Department" (fold) with the word "Administration" (fold).
5. To make article 7 by the following: ' article 7. Aliens and stateless persons in the territory of the Republic of Latvia may enter the Republic of Latvia, by presenting a recognized travel document with a valid visa or residence permit.
This provision shall not apply to: 1) nationals (nationals), for which the entry and residence in the territory of the Republic of Latvia, the Republic of Latvia in international treaties binding is specified otherwise;
2) persons as travel documents used by the United Nations;
3) persons as travel documents used by the Vatican passport. "
6. Express article 8 by the following: ' article 8. The visa shall be issued by the Cabinet in the order: 1) Latvian diplomatic and consular representations: abroad;
2) Administration, the Cabinet of Ministers of the Republic of Latvia established State border crossings and inland;
3) Foreign Ministry Consular Department – inland. "
7. Express article 11 by the following: ' article 11. Any alien or stateless person can stay in the Republic of Latvia for more than three months, you receive a residence permit in accordance with the procedure laid down in this Act.
Stay in the Republic of Latvia for more than three months without a residence permit of the alien can only after the Cabinet in the order provided for the visa you receive and then, if the residence in Latvia is due to: 1) research or teaching (Faculty of education);
2) commercial activities;
3) Latvia's State and local government institutions;
4) the international treaty and the implementation of international projects involving the Republic of Latvia.
This article, in the cases referred to in the second subparagraph the visa is issued to the time required for these tasks, but not longer than one year. "
8. Article 13 be expressed as follows: "article 13. The residence permit shall be issued, voided and declared invalid. Foreign residence permits (in cooperation with the Government) of the Republic of Latvia shall be issued by the diplomatic and consular representations. "
9. To make article 14 the following: ' article 14. Residence permit in the Cabinet in the order of the administrative territorial division to be recorded after the designated residence. "
10. Express article 15 the following: ' article 15. The return of non-citizens in Latvia in accordance with the law "on the status of former USSR citizens who are not Latvian or other nationality".
With reemigrant immigration issues pending in the General order. "
11. Replace article 16, the words "the Republic of Latvia Supreme Council" with the word "Parliamentary".
12. Express article 23 by the following: ' article 23. Permanent residence permit can be obtained from: 1) Latvian citizens, non-citizens or permanent residence permit of an alien or a stateless person received minor or dependent children (including adopted);
2, the citizens of Latvia), citizens or permanent residence of aliens or stateless persons who have received a spouse under this law, 25, 25.1, 26 or 28 article, as well as the minor or dependent children (including adopted), in accordance with article 28.1 of the Act;
3) an alien or a stateless person who invested in the economy of the Republic of Latvia to the capital of not less than one million us dollars in value. "
13. To supplement the law with article 23.1 as follows: "article 23.1. Permanent residence permit can get those aliens that 1 July 1992 was recorded without a time-limit (registered place of residence), the Republic of Latvia if they are permanent residence at the time of application for the permit is signed without a time-limit (registered domicile) in the Republic of Latvia and is registered in the population register.
Citizens of the former USSR that other nationality got to 1 September 1996, the application with the request to issue a permanent residence permit must be submitted by 31 March 1997, but the citizens of the former USSR, which another nationality acquired after September 1, 1996, the application must be submitted within six months from the citizenship of another country.
This article does not apply to: 1) in the territory of Latvia in the Russian Federation stationed a military object and function in workers dismantling the military specialists, as well as in the end to Latvia of komandētaj civilians;
2) persons retired from active military service after 28 January 1992, if the person's service at the time of conscription is not habitually resident in the territory of Latvia of Latvian citizens or not family members;
3) the third paragraph of this article 1 and 2 of the persons referred to in combination with spouses and family members making up their respective households — children and other dependants, if they arrived in Latvia in connection with the Russian Federation (USSR) armed forces, military service, regardless of when they arrived in Latvia. "
14. Add to article 24 with the second sentence as follows: "the application with a request to issue a permanent residence permit shall be submitted to the Ministry."
15. Express article 25 the following: "article 25. The spouse of a citizen of Latvia, which is not a Latvian citizen, non-citizen or permanent residence of aliens or stateless persons received, issue: 1) to the first submission was based — termiņuzturēšan permit for a year;
2) to the second application was based — termiņuzturēšan permit for four years;
3) on the basis of the application — permanent residence.
If the first paragraph of this article five years of marriage, the termiņuzturēšan class in the licence shall be cancelled, except when the courts child-citizen of Latvia, left at its parent, which is not a Latvian citizen, non-citizen or permanent residence alien or stateless person received. In these cases, the former spouse is entitled to a permanent residence permit. "
16. To supplement the law with article 25.1 the following: ' article 15.6. Citizen spouse who not is not a Latvian citizen, non-citizen or permanent residence of aliens or stateless persons received, issue: 1) to the first submission was based — termiņuzturēšan permit for a year;
2) to the second application was based — termiņuzturēšan permit for four years;
3) on the basis of the application — permanent residence.
If the first paragraph of this article five years of marriage, the termiņuzturēšan class permission is withdrawn. "
17. Article 26 of the expression as follows: "article 26. Permanent residence of aliens or stateless persons who have received a spouse who is not a Latvian citizen, non-citizen or permanent residence of aliens or stateless persons received, issue: 1) to the first submission was based — termiņuzturēšan permit for a year;
2) to the second application was based — termiņuzturēšan permit for four years;
3) on the basis of the application — permanent residence.
If the first paragraph of this article five years of marriage, the termiņuzturēšan class permission is withdrawn. "
18. Replace article 28, the words "a citizen of the Republic of Latvia" and "citizen of the Republic of Latvia" with the words "a citizen or non-citizen of Latvia and Latvian citizen or non-citizen".
19. To supplement the law with article 28.1, of the following:

"article 28.1. On the Latvian citizens, non-citizens or permanent residence of aliens or stateless persons who have received a residence permit issued to the spouse for the period of the residence permit is entitled to his minors or dependent children (including adopted), who are not this law, article 23, paragraph 1, of the person, if there are legal restrictions, this children's departure from their home country. "
20. Make the article 29 the following: ' article 29. Application for a residence permit submitted: 1) an alien or a stateless person who wants to enter the Republic of Latvia, the Republic of Latvia-diplomatic or consular office;
2) an alien or a stateless person who legally reside in the Republic of Latvia: the Administration not later than one month before the end of the period of stay.
The application form is determined by the Cabinet of Ministers regulations. "
21. Article 30 of the expression as follows: "article 30. To get termiņuzturēšan or permanent residence permit, a person must submit to the Board a certain Cabinet documents. "
22. Turn off article 32.
23. Article 33: replace the first paragraph, the words "referred to in article 30 of the Charter" with the words "Cabinet";
turn off third.
24. Article 34 be expressed as follows: "article 34. The refusal of a residence permit to the person concerned within one month from the date of receipt of the refusal, appeal management boss. Administration Chief complaint one month.
Interior Minister with your order you can cancel administration or management boss illegal decision on the issue of the residence permit or refusal to issue it.
The decision or order may appeal to the Court in accordance with the procedure prescribed by law: 1) an interested person who legally reside in the Republic of Latvia;
2) a person residing in Latvia and has invited the aliens or stateless persons, refuse to issue a residence permit if the invitation is related to family reunification.
Aliens and stateless persons who live abroad and the application for a residence permit submitted abroad cannot appeal the decision or order of the Court on the refusal of a residence permit. "
25. Article 35: Express (1) of the following: 1) with a shaken health disorder or disease, which nature, severity and probable duration of the threat to public safety and the health of its members, or has a reasonable suspicion that it could pose a risk to public health, and this disease is mentioned in the Republic of Latvia Ministry of welfare approved list, except with the consent of the Ministry of welfare party coming to treat listed diseases; "
Add to article 1.1 the following: "1.1) are without health insurance, which guarantees health care to pay, as long as the person staying in the Republic of Latvia;" add to the article with the following paragraph 12: ' 12) is received (compensation) for departure to live abroad, irrespective of whether this remuneration (compensation) is paid to the Latvian State or local authorities or international (foreign) foundations or institutions. "
26. Article 36: Express 2 and 3 as follows: "2) by a judgment which has the force of res judicata was recognized guilty of the crime;
3) competent national authorities leads to a reasonable suspicion that it poses a threat to public order and safety or national security; "
Replace paragraph 6, the words "international agreement" with the words "international agreements";
turn off point 7;
Replace paragraph 9, the words "a citizen of the Republic of Latvia" with the words "a citizen or non-citizen of Latvia";
Replace paragraph 10, the words "residence permit" with the words "permit" termiņuzturēšan;
Express 12 and 13 the following paragraph: "12) this law of marriage 25, 25.1, or 26. in the cases referred to in article;
13) nestled in the work without the appropriate permit; "
Add to article 14 as follows: "14) is received (compensation) for departure to live abroad, irrespective of whether this remuneration (compensation) is paid to the Latvian State or local authorities or international (foreign) foundations or institutions.";
to supplement the article with the second part as follows: "the State police officer holds a National Police Administration Chief's post or higher posts, is the duty of the first part of this article 2, 3, and 4. in the cases referred to in point to submit to the Board an application for residence permit cancellation."
27. Article 38 be expressed as follows: "article 38. Administration Chief or territorial Department issued expulsion order, demanding to leave national territory: 1) of this Act in the case referred to in article 36;
2) If a foreign national or stateless person staying in the country without a valid visa or residence permit;
3) If a foreign national or stateless person otherwise violated the visa regime.
An alien or stateless person who is or has been in the passport a mark on the record of the territory of Latvia, the expulsion order may be issued only for the regulatory Chief. "
28. Replace article 39, the words "citizens of the Republic of Latvia" with the words "citizens of Latvia are citizens or not."
29. Article 40 of the expression as follows: "article 40. The person must leave the country within seven days from the time it announced the expulsion order, if it is not appealed in accordance with the procedure laid down in this article.
The person announced the expulsion order, is entitled within seven days to appeal to the Administration to extend the chiefs stay on the hearing of the complaint.
N. o. decision within seven days from the date of arrival can appeal to the Court of the location of Government. "
30. Make article 41 the following: "article 41. Administration in cooperation with other State and local government institutions control, or the person who received the expulsion order, voluntarily left the country. "
31. Article 42 of the expression by the following: ' article 42. Expenses related to the execution of expulsion orders or forced expulsion of the person from the State shall be borne by the person the returnees or the natural or legal person who invited the returnees. Where recovery is not possible, the costs shall be borne by the State budget. "
32. the express article 44 the first sentence as follows: "law enforcement bodies and the local authorities within three days, should be submitted to the Board at their disposal this law, article 36 (1): 6, 8, 9, 12 and 14, paragraph information."
33. To supplement the law with the chapter XII1 of the following: "XII. 1 Person's forced exile from the country article 48.1. Make a decision about the person's forced removal from the country is right in the border force battalion commander or his deputy shall, if the person arrived in the country illegally.
Administration Chief or territorial Department may decide on the forced expulsion of the person from the State if the person seven days from when it announced the expulsion order, is not leaving the country and article 40 of this law in the second and third part in order not to lodge an expulsion order, or if the complaint is rejected.
A decision on forced return of the person to whom the Passport is or has been a mark of the narrative territory of Latvia, only accepts management boss.
In accordance with the procedure laid down in this article is the decision on forced expulsion from the country is not appealable.
30.0 article. Forced expulsion of the person from the State in the framework of its functions out of the border forces and the national police.
rule 48.3. Border forces are entitled to detain violators of national borders for a period of up to three a day, but, announcing the public prosecutor, for a period of up to ten 24-hour.
Article 30.1. The national police have the right to detain the person in order to comply with the decision on the expulsion from state compulsion.
Article 30.1. The national police have the right to detain the person before making a decision on expulsion from the country of forced, if: 1) person arrived in the country illegally;
2) person to the competent authorities the visa or residence authorization issued a knowingly false statements;
3) competent national authorities have reasonable suspicion that the person is hiding out, or a person with no fixed place of residence in the country;
4) competent national authorities have reasonable suspicion that the person poses a threat to public order and safety or national security.
In these cases, the State police shall have the right to detain the person for a period of up to three a day, but, announcing the public prosecutor, for a period of up to ten 24-hour.
For persons detained, national police shall immediately notify the administration. Administration supervisor, or to the head of the territorial division must decide the issue of the detained person's forced removal from the country.
In accordance with the procedure laid down in this article, the decision on forced expulsion from the national party can appeal within three days of this law, in article 40.
Article 30.2. A person in respect of whom the decision on forced expulsion from the country, to the execution of the expulsion order is held in detention, notifying the public prosecutor.
30.3 article. From the moment of detention and the detention of apprehended suspected person shall have the right to legal assistance of a lawyer sworn in. With the right person, at the time of the detention iepazīstinām.

The State does not bear the costs of the detained and held in detention the person sworn in Attorney's fees.
30.3 article. Border forces and the national police have the right to find out the personality and make personal medical surveys, as well as personal and property reviews, writing about the Protocol.
Article 30.4. The detained persons held in detention and the national police authorities are kept specially decorated room, and apart from the individuals who are suspected of committing the crime. This person may be transported in the same transport that carry persons who are suspected of crimes, but apart from them.
48.10 article. The National Guard and local police have the right to detain aliens and stateless persons staying in the country without a valid visa or residence permit. This person is of three hours must be taken in the administration or its territorial division, or the national police.
48.11 article. Instruction on procedures for the issue of the forced return, the Interior Minister. "
34. To make the title of chapter XIII as follows: "XIII. International treaties".
35. Make a article 49 as follows: "article 49. If approved by the Saeima of the Republic of Latvia in international treaties relating to aliens and stateless persons entry, residence and expulsion procedures are designed for different rules than those contained in this Act, the provisions of the international agreement. "
36. To make article 50 as follows: "article 50. For visa and residence permit and related services taking national fee set by the Cabinet of Ministers. "
Transitional provisions 1. The Ministry of the Interior to the citizenship and Immigration Department of the Ministry of the Interior conversion into citizenship and immigration Government statutory citizenship and Migration Board of the Ministry of Interior does the citizenship and Immigration Department.
2. With the entry into force of this law shall lapse: 1) the constitutional order of article 81 of Cabinet of Ministers issued Regulation No 4 "on amendments 9 June 1992 the law" on aliens and the conditions of entry and residence of stateless persons in the Republic of Latvia "and the Supreme Council June 10, 1992 decision of the Republic of Latvia" on the law "on aliens and the entry and residence of stateless persons in the Republic of Latvia" arrangements "entry into force" (Latvian Saeima and the Cabinet of Ministers Rapporteur , 1994, no. 3) 1. point;
2) the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 79 "on amendments to the law" on aliens and the entry and residence of stateless persons in the Republic of Latvia "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1994, no. 9);
Article 81 3) constitutional order issued by Cabinet of Ministers Regulations No. 108 "amendments to the law" on aliens and the entry and residence of stateless persons in the Republic of Latvia "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1995, nr. 10);
81. Article 4) the constitutional order issued by Cabinet of Ministers Regulations No. 266 "With Vatican Passport person travelling visa-free travel arrangements in the Republic of Latvia (the Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 19);
5) Article 81 of the Constitution of the order of the Cabinet of Ministers issued Regulation No. 267 "amendments to the law" on aliens and the entry and residence of stateless persons in the Republic of Latvia "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 19);
6) the constitutional order of article 81 of Cabinet of Ministers issued regulation. 297 "amendments to the law" on aliens and the entry and residence of stateless persons in the Republic of Latvia "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 19).
The law adopted in 1996 by the Parliament on 18 December.
The President g. Ulmanis in Riga, 1997 January 7.