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Rules On Work Permits For Foreigners

Original Language Title: Noteikumi par darba atļaujām ārzemniekiem

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Cabinet of Ministers Regulations No. 553, Riga, 21 June 2010 (pr. No 32 26. §) rules on work permits issued to foreigners in accordance with immigration law article 3, third paragraph, article 9 paragraph 10 of the second paragraph of article 9 and the third paragraph 1. determines: 1.1. work permits and the application procedure;
1.2. the categories of foreigners are allowed to work for any employer in the Republic of Latvia;
1.3. work permit information to be included in the register and the procedure for its use.
2. Work permits (annex) issued to foreigners citizenship and Migration Affairs Board (hereinafter the Board): 2.1 on the basis of a visa for entry to the foreigners in the Republic of Latvia. If a visa issued to foreigners, which indicates that it is valid only with a work permit for him, entering for the first time in the Republic of Latvia, the three working days following the entry should go to the Administration for requesting work permit;
2.2. on the basis of a residence permit, together with a residence permit.
3. If the merchant, who according to the law "on State social insurance" be considered as the employer (hereinafter called the employer), intends to employ foreigners (except those rules 11, 12, 13, 14 and 15 foreigners referred to in paragraph), concluding the employment contract, he of the State employment agency (hereinafter Agency) branch log on free job site and after you log in, it must be free not less than one month before the date on which the employer address administration to approve the request for a visa invitation or call to request a residence permit for foreigners.
4. If the employment of foreigners for concluding contracts, free agency in place of work does not apply.
5. If foreigners planning to employ at several economic operators or more positions or occupations to one merchant, a work permit is required for each type of work.
6. Foreigners allowed to employ only in the profession or position, specified in the work permit. If a work permit during the period specified in the changing conditions, which were the basis for the authorisation of that work (for example, changing employer, profession, position, working time, work place), foreigners must obtain a new work permit in accordance with the procedure laid down in these provisions.
7. A work permit for foreigners working in the store in the place of execution until the specified deadline. Work presented at the supervisory and control body of the request.
8. If a work permit is lost, damaged or become invalid, the foreigner is three working days shall notify in writing to the Board and asked to issue work permits for a duplicate.
9. If the foreigner's employment is associated with short-term or occasional residence in the Republic of Latvia, which shall not exceed 90 days in any half-year period, from the date of first entry, the Administration issued work permits according to the validity period of the visa.
10. If the foreigner's employment is associated with residence in the Republic of Latvia, which exceeds 90 days, six months from the date of first entry, and he has been granted a long-term visa, Administration Chief or his authorized officer may decide to issue work permits according to the validity period of the visa, if it complies with international obligations or interests of Latvia or is associated with or can be compelling humanitarian considerations.
11. If the foreigner's employment is associated with short-term or occasional residence in the Republic of Latvia, which shall not exceed 90 days in any half-year period, from the date of first entry, the Government issued a work permit (no free jobs agency Branch Office application) according to the term of validity of the visa to the following persons: 11.1. for foreigners in the Republic of Latvia intended to employ: 11.1.1 for composers, musicians, singers, choreographers, dancers, directors, actors, circus artists, performances involve the provision of technical staff or from the State budget or local government-funded cultural institution of the driver;
11.1.2. accredited educational establishment for educators;
11.1.3. the evaluators who evaluate, accredit and supervise the laboratory, certification and inspection bodies;
11.1.4. for information technology professionals, if you have the appropriate higher vocational and higher academic education in the field of information technology and experience in leading position in the information technology sector (last three years);
11.1.5. professional athletes by sport club's invitation;
11.1.6. for sports coaches;
11.1.7. the driver of the vehicle in international freight road transport regulated professions;
11.1.8. civil aviation regulated professions;
11.1.9. national organised summer employment measures for young people abroad, which at least one of the parents or grandparents is a Latvian or lībiet (Livonian);
11.2. a foreigner who is: 11.2.1. educational institutions or students and student who arrived in the Republic of Latvia a training practice or internship in one of the Republic of Latvia in the accredited educational institution or company registered in the commercial register;
11.2.2. consultant (expert) who provides assistance at national or local authority, or a person who can help implement the international treaty or which Member State is the Republic of Latvia, a country of direct administration or derived public person;
11.2.3. registered in the commercial register of the Board or a member of the Council, prokūrist, the administrator, liquidator or member of a partnership that has the right to represent the partnership, or a person authorized to represent the Merchant (foreign merchant) in activities related to the branch;
11.2.4. invested in the Corporation's share capital not less than 25 000 lats, and the Corporation for national and local budget together during the financial year tax paid not less than 20 000 lats.
12. the administration shall issue the work permit (no free jobs log branch of the Agency) pursuant to the termiņuzturēšan the term of validity of the licences for the following persons: 12.1. for foreigners in the Republic of Latvia intended to employ: 12.1.1. for composers, musicians, singers, choreographers, dancers, directors, actors, circus artists, performances involve the provision of technical staff or from the State budget or local government-funded cultural institution of the driver;
12.1.2. about sports coaches;
12.1.3. as a professional athlete at the invitation of the Sports Club;
12.1.4. accredited educational establishment for educators;
12.2. a foreigner who is: 12.2.1. educational institutions or students and student who arrived in the Republic of Latvia a training practice or internship in one of the Republic of Latvia in the accredited educational institution or company registered in the commercial register;
12.2.2. consultant (expert) who provides assistance at national or local authority, or a person who can help implement the international treaty or which Member State is the Republic of Latvia, a country of direct administration or derived public person;
12.2.3. registered in the commercial register of the Board or a member of the Council, prokūrist, the administrator, liquidator or member of a partnership that has the right to represent the partnership, or a person authorized to represent the Merchant (foreign merchant) in activities related to the branch;
12.2.4. invested in the Corporation's share capital not less than 25 000 lats, and the Corporation for national and local budget together during the financial year tax paid not less than 20 000 lats.
12.2.5. sole proprietor;
12.2.6. self-employed;
12.2.7. foreigners who will be employed in the Republic of Latvia pursuant to the special economic zone of the governing legislation.
13. Foreigners are entitled to work on any employer in the Republic of Latvia, if he has received permission to: termiņuzturēšan 13.1. as the Republic of Latvia accredited educational institutions students or full-time student, for which contractual working time may not exceed 20 hours per week;
13.2. as citizens of Latvia, Latvian non-citizens or permanent residence of foreigners received the spouse;
13.3. as this provision 13.2. foreigners referred to the child and will be employed according to the procedures laid down in the law of work;
13.4. due to the fact that he was a citizen of Latvia 17 June 1940;
13.5. as a minor child of a citizen of Latvia or his family;
13.6. as a person with alternate status, or his family;
8.5. as a person in Latvia granted temporary protection status;
13.8. as the person appointed as guardian or trustee in the Latvian citizen or not citizen of Latvia;
13.9. the judgment of the Court of divorce and the child's place of residence determination date of entry into force;
13.10. due to the fact that the pre-trial investigation authorities or court requires that a foreigner staying in the Republic of Latvia until completion of the criminal proceedings or proceedings in court;
13.11. According to the immigration law article 23, first paragraph, paragraph 22;
13.12. how the person assigned the European Union long-term resident status in another Member State of the European Union, or a family member who stayed one year in Latvia with the permission of termiņuzturēšan and wish to be employed in the Republic of Latvia;

13.13. as the person that owns one or more real estate in Riga, Riga planning region or city of the Republic, with a total transaction value is not less than 100 000 lats, or one or more real estate outside of Riga, the Riga planning region or city of the Republic, with a total transaction value is not less than 50 000 lats;
13.14. as a person who made a financial investment in the credit institution of the Republic of Latvia not less than 200 000 lats credit institutions subordinated capital (subordinated loans or subordinated bonds);
1.15 p.m.. based on Minister of Interior or the Administration Chief's decision taken in connection with the Latvian national interest, international law or humane considerations;
13.16. as a trafficking victim.
14. If the asylum seeker has not received a Government decision on refugee status or subsidiary or refusal to grant one year after the application for refugee status or subsidiary, and it has not happened to the fault of the asylum-seeker, he is entitled to work on any employer in the Republic of Latvia.
15. in the Republic of Latvia, the accredited diplomatic and consular mission or international organization offices in the employee's dependent person has the right to work at any employer in the Republic of Latvia, the Republic of Latvia and if between the States concerned or by international organizations under the contract has been concluded or the countries agreed on the application of the principle of reciprocity.
16. If, between the Republic of Latvia and the country concerned or by international organizations under contract has not been concluded, the Republic of Latvia of accredited diplomatic and consular missions or representations of international organisations to the employee's dependent person work permits shall be issued by the Administration after the free job log branch of the Agency in accordance with the procedure laid down in these provisions according to the validity period of the visa. Vacancy registration branch is not necessary if the person complies with any of the provisions referred to in paragraph 11.
17. When the period of the work permit, a new permit is issued in accordance with the procedure laid down in these provisions. If the employer wants to continue the employment relationship with the same foreigners, on the employer is not subject to the provisions of paragraph 3 above requirements.
18. Work permits in the register shall include the following: 18.1 the foreigners: 18.1.1. name (name), surname;
18.1.2. date of birth;
18.1.3. ID code;
18.1.4. gender;
18.1.5. nationality and its type;
18.1.6. employment type;
18.1.7. profession or position;
18.1.8.;
18.1.9. wage and salary per month;
18.1.10. number of work hours per week;
18.1.11. place of performance of the work;
18.1.12. education;
18.2. for the employer, the employer's name and registration number, or the name of the employer (name), surname and personal code, if the employer is a natural person;
18.3. work permit: 18.3.1. authority and officer who issued a work permit;
18.3.2. the date of issue and date of expiry;
18.3.3. authorization number;
18.4. service marks, which, if necessary, specify additional information provided in the submissions of the parties, as well as information related to the work permit things progress and the progress of adoption of the decision.
19. Work permit registry is a national information system, which is managed by the curator. Work permits the use and maintenance of the register shall ensure the administration of the State budget allocated to the funds.
20. Work permit information on the register your tasks using Office, the State border guard of the Agency, the State Labour Inspectorate, State revenue service, the Latvian diplomatic and consular representations abroad and national security authorities.
21. the quarterly government agency to provide aggregate statistical information about the foreigners work permits issued, separately indicating the number of the permit issued on the basis of the Agency's branch on the basis of job vacancies.
22. the administration shall regularly inform the Agency of the employer applied for filling job vacancies, on the basis of the Administration approved a visa request invitations or calls to request the residence permit for foreigners, for the purpose of the Agency's information systems.
23. the Agency's approved work calls, in accordance with the Cabinet of Ministers of 20 January 2004, the Regulation No. 44 "rules on work permits for foreigners" looking up to the date of entry into force of the provisions are valid for three months from the date of approval.
24. Be declared unenforceable in the Cabinet of Ministers of 20 January 2004, the Regulation No 44 "rules on work permits for foreigners" (Latvian journal, 2004, nr. 12, 68; 2005; 2006, nr. 147.200. No; 2007; 2008 94 no, no 90).
25. the rules shall enter into force on July 1, 2010.
Informative reference to European Union directives, the regulations include provisions resulting from: 1) of the Council of 20 July 2001, of Directive 2001/55/EC on minimum standards in the event of a mass influx of displaced persons for giving temporary protection and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof;
2) Council of 27 January 2003 of Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers;
3) Council of November 25 of Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents;
4) 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 been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities;
5) Council of 29 April 2004, Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;
6) 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.
Prime Minister v. Minister of Interior dombrovsky l. Mūrniec of the annex to the Cabinet of Ministers of 21 June 2010 Regulation No. 553 of the work permit note.
The document properties in the "signature" and "stamp" does not fill in, if an electronic document is drawn up according to the law on electronic document design.
Home Affairs Minister l.-Mūrniec