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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 law of the Republic of Latvia (Saeima 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 3, 13; 2008. no; 2009, no. 8; Latvian journal 2010, 74. no; 2011, 19, 93. nr.; 250. no 2013; 2014, 98, 108. no; 123. in 2016, no.) the amendments are as follows: 1. Article 1: to make the first paragraph of point 2.1, the following: "21) European Union blue card — termiņuzturēšan permit issued by the Republic of Latvia for foreigners who are employed and on the agreed fee shall carry out work under the direction of the employer, as well as in the Republic of Latvia has acquired higher education study program of a duration of at least three years, the respective specialty or contract of employment within the industry or who has at least five years ' professional experience in the contract of employment within the specialty or industry;"; to supplement the first part with a 2.2 point as follows: "22) trainee — foreigner who obtained higher education and in the work of the company is transferred within the group, to acquire a professionally developed by or commercial techniques or methods, and internship at the Republic of Latvia shall receive pay;" make the first part of paragraph 6.1 as follows: ' 61) illegal residence, foreigners stay in the Republic of Latvia, which does not correspond to the European Parliament and of the Council of 9 March 2016. Regulation (EU) no 2016/399 on the Union code on the rules governing the movement of persons across borders (Schengen borders code) (hereinafter referred to as the European Parliament and of the Council of 9 March 2016. Regulation No. 2016/399) or of article 4 of this law or the provisions of article 4 4.1; " to supplement the first part with 7.1 and 7.2 of the following paragraph: ' 71) seasonal workers, foreigners who keep their residence outside the territory of the European Union legally and temporarily staying in the Republic of Latvia to take seasonal temporary work according to one or more fixed-term contracts of employment concluded directly between the foreigners and the employer that does business in the Republic of Latvia; 72) specialist: a foreigner who is working in one of the companies of the group, which has a substantial and specific knowledge related to the company's areas of activity, methods or management, and enterprise companies in the group are moved to the Republic of Latvia. Take into account not only the person with that specific business-related knowledge, but also whether the person has a high level of qualifications, including professional experience corresponding to the type of work or activity that requires specific technical knowledge; " to supplement the first part with 9.1, 9.2 and 9.3 points as follows: ' 91) across the company moved the employee — foreigners who reside in one of the Member States of the European Union and professional or internship purposes will be seconded from the business establishment, which was not carried out in a Member State of the European Union, the company that does business in the Republic of Latvia or the Republic of Latvia and other Member State of the European Union; 92) company group — two or more undertakings which are linked in one of the following ways: (a)) company other company directly or indirectly owns most of that undertaking's subscribed capital, b) company other company is a majority of the voting rights, (c)) of the company as a member (shareholder) has the right to appoint or to cancel the company's executive body or a majority of the members of the supervisory body; 93) Manager: a person who occupies a high position, and whose principal task is to run the business, prompting foreigners to reside in the Republic of Latvia as the Organization moved staff to supervise the work of other employees in the company and take other personnel actions, and a general supervision or provide guidance the company board or equivalent body; "; make the third paragraph as follows: "(3) in this Act, the term" carrier "corresponds to the European Parliament and of the Council of 9 March 2016. Regulation No. 2016/399 paragraph 15 of article 2 uses term."; to supplement the article with the fourth paragraph as follows: "(4) in this Act, the term" qualified investor "venture capital and the term" innovative product "matches Jaunuzņēmum activity supports the used terms in the law." 2. Supplement article 4 with the eleventh subparagraph by the following: "(11) the North Atlantic Treaty Organisation and European Union military personnel of the armed forces, the armed forces in civilian employment, military personnel or civilian dependents, as well as other persons linked to the armed forces of the Republic of Latvia and staying in the Republic of Latvia pursuant to binding international agreements. Military personnel of the armed forces and the armed forces in civilian employment of dependents of armed forces in civilian employment and armed forces related parties issued a statement, which gives the right to reside in the Republic of Latvia. The Cabinet of Ministers determines the institution issuing the receipt, as well as the form and content of this certificate and the certificate procedure. " 3. To make the first paragraph of article 4.2 as follows: "(1) if the foreigner in the Republic of Latvia shall be appointed by the European Parliament and of the Council of 9 March 2016. Regulation No. 2016/399, he shall be subject to the conditions laid down in this regulation of immigration." 4. in article 9: to make the first part as follows: "(1) a foreigner may be granted the right to employment: 1) with restrictions, the conclusion of a contract of employment with a specific employer in a particular specialty (profession) or to part-time jobs or switch to other civil law contract, if he wants to be employed; 2) business, where he is the individual merchant in the commercial register, a Board member of 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 affiliate, or the self-employed person; 3) without restriction. "; Supplement third with 8 and 9 point as follows: "8) that is across the company moved the employee that the duration of stay in the Republic of Latvia shall not exceed 90 days in any 180-day period and which is valid in another Member State of the European Union permission termiņuzturēšan issued as part of the company transferred employee. 9) that is employed in the Republic of Latvia and the duration of stay in the Republic of Latvia not exceeding 14 days in any 180-day period. "; turn off the fifth paragraph 21; replace fifth paragraph 23, the words "nine months" with the words "six months"; Supplement fifth with 26 points as follows: "26) termiņuzturēšan permit foreigners as such a member of the family, who granted rights to employment at a particular employer or the right to do business." Express 5.1 part as follows: "(51) the foreigner who received the long-term visa or a permit to termiņuzturēšan due to full-time studies in the Republic of Latvia in the accredited educational institution or in connection with the exchange of students, has the right to employment for up to 20 hours a week at any employer except that foreigners are entitled to employment in accordance with the fifth subparagraph of article 25."; to supplement the article with the seventh and eighth by the following: "(7) the cabinet shall determine their specialties (profession) list, which predicts a significant labour shortages and work in Latvia can be invited foreigners. In this (profession) invitee foreigners can be subject to such reception conditions: 1) if the required European Union blue card, pay matches workers in Latvia monthly average gross wage for the previous year, applying the coefficient 1.2; 2) in other cases, where, under the legislation on the conditions of employment of foreigners before inviting the foreigners needed in State employment agency to register a vacancy, the job must be free not less than 10 working days. (8) the cabinet shall determine the order in which the professional experience can recognize the validity of the EU blue card to receive the relevant specialty or industry. " 5. Supplement article 11 with the third subparagraph by the following: "(3) Foreigners whose entry aimed at labour relations with the employer of the season working out the issue of long-term visas for up to six months during the 12 month period. If the long-stay visa issued for a period not exceeding six months in a 12 month period, but a foreigner wants to continue seasonal employment with the same employer or to conclude a new seasonal work contract with another employer, he is entitled, not exit from the Republic of Latvia, to request a new long-term visa, if this part is not exceeded the maximum duration of stay and new visa application is filed no later than three working days before the previous visa expires. " 6. Express 15.1 of the first paragraph of article 8 and paragraph 9 by the following: ' 8) found that last year the inviter punished for violations related to the employment of the employee, or the payment of taxes; 9) is inviting the foreigners employment under a contract of employment and the employer State employment agency does not register a free place of work or place of work is registered, but it's been free after registration laws for less of the conditions of employment of foreigners prescribed period, or invite foreigners in qualifications or conditions do not meet the conditions of the registered vacancies indicated in the application ". 7. in article 16: make the first part of paragraph 1 by the following: "1) is not submitted by all foreigners cabinet under certain Visa applying for the necessary documents or the documents submitted have been obtained illegally, they are forged or manipulated, or foreigner refuses to provide explanations relating to the visa application and the expected stay in the Republic of Latvia or another Member State of the Schengen Agreement;" make the first part of paragraph 13 by the following: ' 13) terminated in accordance with this law, article 5, second subparagraph, or article 11 of the third period of residence prescribed; " to supplement the first part with the following paragraph 24: "24) who invited the inviter in the work of foreigners, the season has made his company's insolvency or bankruptcy of the company has started the process, if the company is liquidated, or is not carried out economic activity." 8. Supplement article 17 with 2.1 part as follows: "(21) decision on the refusal to issue or extend this law, article 10, first paragraph, referred to in paragraph 4 of the decision on the visa or visa cancellation or revocation shall be made using form a model of which is determined by the Cabinet of Ministers." 9. Article 18: make the first part as follows: "(1) the decision on refusal of entry in the Republic of Latvia State border guard officials shall adopt and shall be drawn up in accordance with European Parliament and Council of 9 March 2016. Regulation No 2016/399."; make the third paragraph as follows: "(3) the State border guard Chief, or his authorized officer pursuant to European Parliament and Council of 9 March 2016. Regulation No. 2016/399 article 6 paragraph 5 of section" c "of the conditions may be granted entry into the Republic of Latvia for foreigners who do not fulfil the entry conditions." 10. Add to article 22, second paragraph, after the words "23 figures and the first paragraph of article 31." with the words "or where the remainder of the term of validity shall not exceed one year and three months". 11. in paragraph 22.1: Express (1) of the following: "1) Inviter has not submitted all the required documents for Cabinet of Ministers regulations on procedures for the approval of the call or the documents submitted have been obtained illegally, they are forged or manipulated, or refuses to provide to the inviter requested clarification related to the approval and call in to invite the entry and residence of foreigners in the Republic of Latvia"; express the following paragraph 13: "13) is inviting the foreigners employment under a contract of employment and the employer State employment agency does not register a free place of work or place of work is registered, but it's been free after registration laws for less of the conditions of employment of foreigners prescribed period, or invite foreigners in qualifications or conditions do not meet the conditions of the registered vacancies indicated in the application". 12. Article 23: to supplement the first part with the 6.1 and 6.2 point as follows: "61) for a period of up to three years, if the foreigner requests termiņuzturēšan the licence within the company moved the employee who will be employed in a managerial or professional position; 62) for a period of up to one year, if a foreigner requires termiņuzturēšan permission as the Organization moved trainee; "; make the first part of paragraph 8 by the following: ' 8) for a period not exceeding two years, if the foreigner is a representation of a foreign merchant representative and foreign economic operators registered in a foreign country for at least five years before the application for a residence permit date of last year employed more than 50 employees, an annual turnover of more than eur 10 million and has no tax arrears. After the expiry of the period referred to in paragraph 1 a foreigner following two years are not entitled to request permission in this paragraph termiņuzturēšan for the purpose stated; " Add to the first paragraph 28 after ' the creation of the new Corporation, and "with the words" requests the first permit to termiņuzturēšan "; make the first part of paragraph 31 the following: "31) for a period not exceeding five years, if he is in accordance with the laws and regulations that govern the release of Government securities, acquire certain specific purpose interest-free government securities at par value 250 000 euros and pay the State budget 38 000 euros. The Cabinet of Ministers is entitled to decide on the intended specific purpose interest-free State of suspension of issue of securities for a fixed period, if appropriate finance ministers report that undermines the annual State budget act in the maximum amount of government debt at the end of the year; " to complement the 32 first subparagraph following the words ' paragraph if he "with the words" the Republic of Latvia "; to supplement the first part with 33 points as follows: "33) for a period not exceeding three years if he Republic of Latvia plans to implement activities with the aim to create or develop innovative products and by the termiņuzturēšan the authorization pursuant to this paragraph that the following conditions are met: (a)), within three months after adoption of the decision on the authorisation of termiņuzturēšan foreigners have registered as a member of the Board no longer than a year ago in a corporation registered in the commercial register that he intends to implement these activities, (b)) share capital of that Corporation, the total of the qualified investors in venture capital investment during the six months after the first one and the same activity in termiņuzturēšan issued for the implementation of the authorization have reached at least 30 000 euro and 18 months after the issue of the termiņuzturēšan at least 60 000 euro. "; adding to the fourth subparagraph with the sentence the following wording: "If a child applying for a residence permit in time was a minor, and adulthood to him subject to this law, the provisions of article 29.";
Add to article 4.1 part as follows: "(41) first paragraph of this article 13 and 24 in the cases referred to in paragraph termiņuzturēšan permits to foreigners residence permits issued to date have the right to request a member of the family of foreigners also asylum law."; express the following in part 7.3: "(73) foreigner, which in accordance with the first subparagraph of article 28, 29 or 30. is issued or was issued termiņuzturēšan permits, have the right to request a termiņuzturēšan again, if they still exist the necessary conditions for the issue and he, again, you receive the termiņuzturēšan pay to the State budget of eur 5000. If the termiņuzturēšan permission request later than 90 days after the previous termiņuzturēšan the expiry date of the authorisation or change investment object, apply the provisions of this article relating to the application for the permit in the first termiņuzturēšan. "; Add to article 7.4 of the part as follows: "(74) to Foreigners in accordance with the first subparagraph of article 28, point" c "section termiņuzturēšan permits issued is valid if its period of validity in the Corporation that this foreigner made the contribution each year according to the tax return specified in the contribution to the State budget and municipal budgets, tax payments, the total of which is not less than 100 000 euro (in total not including tax payment amounts that is refunded or reimbursed from the State budget), but for less than a year since the first report in the issue of termiņuzturēšan the State budget and municipal budgets in total tax payments paid on average per month is not less than eur 8300. Total tax payments also included the Republic of Latvia registered subsidiaries tax payments made. "; to supplement the article with the eleventh, twelfth and thirteenth part as follows: "(11) then the end in accordance with the first paragraph of this article 6.1 or 6.2 points to termiņuzturēšan, the period of authorisation issued, the foreigner is entitled to request permission to termiņuzturēšan again as part of the company moved the employee, but not earlier than six months after the previous termiņuzturēšan permissions. (12) the first paragraph of this article, paragraph 33 termiņuzturēšan permissions set in one and the same for the implementation of the activity shall be issued no more than five foreigners. If all foreigners application termiņuzturēšan authorisation to one and the same activity at the same time, the implementation shall provide the authorization granted to the termiņuzturēšan period not exceeding the period for which it granted the first foreigner who received the termiņuzturēšan permission for the implementation of the said activities. (13) the foreigner who issued termiņuzturēšan permits in accordance with the first paragraph of article 33, shall not be employed by a different employer or in the commercial register in another official of the Corporation. " 13. Article 24, first paragraph: turn off paragraph 5; Add to paragraph 9, the words "within the meaning of the asylum law"; turn off paragraph 10, the words "and who is making a permanent move to the Republic of Latvia". 14. in article 33: to supplement the first part with a 1.1 point as follows: "11) for European Union blue card may be requested in accordance with article 23 of this law, the first part of paragraph 6-10 working days"; make the first part of paragraph 3 by the following: ' 3) for permanent residence — 30 days; "; turn off the first part of paragraph 4; make quarter point 2 as follows: "2) 10 working days-if you request a permanent residence permit and the decision on granting a residence permit, shall adopt the authority; ". 15. the first subparagraph of article 34: express the following paragraph 2: "2) foreigners or his Inviter provided false statements or documents submitted have been obtained illegally, they are forged or manipulated;"; Replace paragraph 31 "e" in subparagraph the words "seasonal workers" with the words "seasonal employee"; Add to part with 35, 36, 37 and 38 above. as follows: ' 35) legal person invited under the company transferred employees, is designed to simplify the entry of foreigners in the Republic of Latvia; 36) termiņuzturēšan permits received by foreigners in accordance with this law, article 23, first paragraph, paragraph 33, and the Corporation has not complied with this law, the first paragraph of article 23 of the 33 "a" or "b") (conditions; 37) termiņuzturēšan permits received by foreigners in accordance with this law, article 23, first paragraph, paragraph 33, and he does not comply with article 23 of this law, the twelfth in part; 38) a foreigner has requested or received the termiņuzturēšan permission in accordance with this law, article 23, first paragraph 2., 3., 6., 28 or 33 and individual trader or a corporation in which he is employed or carries on business, is registered in the statutory tax debt of more than € 150. " 16. To supplement the first part of article 35 to 31, 32 and 33 of this.: 31) "foreigner termiņuzturēšan permission received in accordance with this law, article 23, first paragraph, paragraph 33, and the Corporation has not complied with this law, the first paragraph of article 23 of the 33" a "or" b ") (conditions; 32) termiņuzturēšan permits received by foreigners in accordance with this law, article 23, first paragraph 33 above and do not comply with article 23 of this law in the twelfth or thirteenth in part; 33) termiņuzturēšan permits received by foreigners in accordance with this law, article 23, first paragraph 2., 3., 6., 28 or 33 and individual trader or a corporation in which he employed or does business, is registered in the statutory tax debt of more than € 150. " 17. Article 36, first paragraph: make point 7 by the following: ' 7) a foreigner has lost the status of refugee or returnee or is it taken from him; " make paragraph 10 by the following: ' 10) a foreigner is a refugee or returnee status lost person's family member; ". 18. To supplement the law with article 24.3 of the following: ' article 24.3. (1) If a decision on the authorisation of the termiņuzturēšan foreigners, which in another Member State of the European Union issued termiņuzturēšan permits as the Organization moved employee Administration for this decision to inform the Member States of the European Union that issued the previous permission of termiņuzturēšan. (2) If an alien who is staying in the Republic of Latvia as the Organization moved, revoke the permission and administration of termiņuzturēšan is in possession of information that a foreigner as the Organization moved the employee is employed in another Member State of the European Union, the Government of this decision, inform the Member States of the European Union. " 19. Supplement article 40 with 5.1 part as follows: "(51) if the foreigner continues to reside in the Republic of Latvia this article in fourth or fifth in the case provided for in part, he retains the right to employment, to the extent that they were assigned to the issue of the residence permit, for which the decision is contested or appealed against or in respect of which a decision has been taken for examination of the documents submitted for the extension. In this case, the information about the rights of foreigners to employment include the decision challenged by the foreigner or appealed the decision on the extension of the examination of documents. " 20. Replace article 41 in the second subparagraph of paragraph 2, "e", the words "or in the decision on the refusal to issue the administrative act concerning the status of refugee or alternative or refusal to grant it" with the words "the decision on the application for refugee status or subsidiary for the cessation of proceedings or the decision on the refusal to resume the application for refugee status or subsidiary consideration '. 21. in article 59: make the first paragraph by the following: "(1) the foreigners into the State border or temporary holding space accommodation, separately from criminal sanction order detainees or arrested persons."; make the third paragraph as follows: "(3) the State border guard of the temporary housing accommodation in the Centre of the room or the maintenance of the rule of foreigners shall be determined by the Cabinet of Ministers." Add to article 3.1 part as follows: "(31) accommodation in the center of the inserted alien with guaranteed health care services and the receipt of order is determined by the Cabinet of Ministers." 22. Article 61 express to the fifth subparagraph of paragraph 4 by the following: "4) in accordance with European Parliament and Council of 9 March 2016. Regulation No. 2016/399 conditions a decision on refusal of entry to the territory of the Member States of the European Union, on the basis that a foreigner shall produce counterfeit travel documents, visa or residence permit;". 23. the transitional provisions: to replace in paragraph 33 the words and figures "which was valid until 30 June 2016," with the words "which were in force in the previous termiņuzturēšan at the time of application for the permit; turn off paragraph 34; transitional provisions be supplemented by 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of this.: "35. Amendments to this law, in article 1, first paragraph, the entry into force of paragraph 2.1 2017 on September 1. 36. The Cabinet of Ministers to 2017 April 30 issue 4 article of this law, the eleventh part of these provisions. 37. Article 9 of this law, the seventh subparagraph shall enter into force on May 1, 2017. 38. The Cabinet of Ministers to 2017 April 30 issue of article 9 of this law in the seventh part of these provisions. 39. The Cabinet of Ministers to 2017 august 31 issued this law, article 9 of the eighth those provisions. 40. a corporation whose share capital investment made by foreigners who, in accordance with this law, the first paragraph of article 23 of the 28 to 30 June 2016 shall submit the documents of the application for the permit, termiņuzturēšan subject to the requirement of article 23 of this law all 7.1 or 7.2 provided for in tax payments, other than the requirement for the payment of taxes that the State budget and municipal budgets for the full amount for the first year after the issue of the termiņuzturēšan. 41. The documents until 2017 April 30, termiņuzturēšan permissions request submitted in accordance with this law, article 23, first paragraph, point 8, according to this law, article 23, first paragraph, the provisions of paragraph 8, 2016 July 1. 42. The documents before the date of entry into force of the law, filed for permission for termiņuzturēšan according to this law, article 23, first paragraph, the wording of paragraph 31, which stipulated contributions to the State budget in the amount of eur 25 000, according to this law, article 23, first paragraph, the provisions of paragraph 31, 2016 July 1. 43. the amendments to the law on article 23, first paragraph with paragraph 33 of replenishment and the twelfth and thirteenth, part 34. replenishment of the first paragraph of article 36, 37 with 38 points, and the first paragraph of article 35 of the replenishment with 31, 32 and 33. entry into force of paragraph 1 may 2017. 44. the amended article 33 of this law, which provide for a 30-day deadline for a decision on the permanent residence permit in the case of requesting, within 10 working days of the time limit for the adoption of the decision of the EU blue card case or for requesting permanent residence permit in the case of a request, when the request has been lodged by the foreigners, who are not entitled to reside in the Republic of Latvia on article 33 of this law, and the first part set out in 1.1 1.2 document revision and residence time of preparation shall enter into force on May 1, 1869, and documents up to the year 2017.30 April the European Union blue card or permanent residence permit, claiming the look according to this law, the provisions of article 33 2016 July 1. " 24. Add to the informative reference to directives of the European Union with 15 and 16 points as follows: "15) the European Parliament and of the Council of 26 February 2014 2014//directive 36 on third country nationals in the EU the conditions of entry and residence of seasonal employment as employees; 16) European Parliament and Council of 15 may 2014 2014/66/the directive the EU on the conditions of entry and residence of third-country nationals in connection with the redeployment within the company. " The law adopted by the Parliament in 2017 of 2 February. The President r. vējonis Riga 2017 16 February