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14 December
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New changes in the Immigration Law of Latvia
On March 2, 2017 the new amendments to the Immigration Law of Latvia (hereinafter referred to as  - the Law) came into effect, according to which several new grounds for obtaining a temporary residence permit in Latvia (hereinafter referred to  as –TRP), as well as the conditions for obtaining a TRP on the basis of registration of a representative of a foreign merchant.
Registration of refugee or alternative status obtaining, determination of protection from deportation (extradition)
Law office INLAT PLUS offers the following services in the field of obtaining a refugee or alternative status:
Член Торгово-промышленной палаты Латвии Latvijas Tirdzniecības un Rūpniecības Kameras biedrs Member of the Latvian Chamber of Commerce and Industry

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Since its foundation in 1996 the law office “INLAT PLUS” has been one of the most active and leading companies providing legal service in Latvia. The variety of the qualified legal services provided by the company will meet the most demanding requirements of its clients (legal and physical persons).

Contact information

Address of the office:
E-mail:
Brivibas 40-15, LV-1050, Riga, Latvia ip@inlatplus.lv
Phone:
Fax:
(+371) 67505970
(+371) 26403577
(+371) 67505978

New changes in the Immigration Law of Latvia

Now, according to clause 8, part 1 of section 23 of the Law, a foreigner has the right to request a TRP for a period of time which does not exceed 2 years if the foreigner is a representative of a representation of a foreign merchant, and a foreign merchant is registered in a foreign country at least 5 years prior to the day of applying for TRP, in the last year, a foreign merchant employed more than 50 employees, his annual turnover exceeds 10 million euros and he has no debts on tax payments. Thus, when submitting an application for the provision of TRP, it is necessary to attach to the application the documents confirming compliance with all those conditions that are determined by this rule of Law. In addition, this section now establishes that after the expiration of the two-year period of validity of a TRP, a foreigner for the next two years is not entitled to require a TRP for the purposes specified in this section. In other words, a foreign-representative after expiration of two years of validity of a TRP must leave Latvia, and only after the expiration of the next two years after the expiration of the TRP he may re-apply for a two-year TRP on the basis of the representation.
 
In addition, now there is another document that has to be submitted along with the application - it is a business plan that should confirm the business strategy of a foreign merchant for activities in Latvia that contribute to the development of the manufacturing industry or service industry. When registering (extending) the TRP, it will be necessary to provide a document confirming the implementation of this business plan, as well as documents showing the dynamic activities of the representative in the previous year, which contributed to the development of the national economy of Latvia.
 
The next innovation were clauses 61 and 62, part 1 of section 23 of the Law. According to clause 61, a foreigner has the right to apply for a TRP for up to three years if the foreigner has requested a TRP as a transferred employee within the enterprise that will be employed as a manager or specialist. The manager in the understanding of the Law is a person who occupies a high position and whose main task is the management of an enterprise, who invites a foreigner to Latvia as a transferred employee within the enterprise, supervises the work of other employees of the enterprise and carries out other activities related to personnel, and who is controlled by and to whom  the board of the enterprise or a similar structure provide a guidance. A specialist is a foreigner who works in any of the enterprises of a group of enterprises, who has significant and specific knowledge related to the scope of activity of the enterprise, its methods or management, and who, within the enterprise included in the group of enterprises, is transferred to work in Latvia. Not only the person's specific knowledge is taken into account, but also whether the person has a high level of qualification, including professional experience, which corresponds to the type of work or activity for the implementation of which a specific technical knowledge is required.
 
Further in part 1 of section 23 of the Law, one more new basis was added for obtaining a TRP – a clause 33, which enters into force on May 1, 2017. According to this clause, a foreigner has the right to request a TRP for a time that does not exceed 3 years if he plans to carry out activities in Latvia with the purpose of creating or developing an innovative product, under condition that after the issuance of a TRP the following conditions will be met:
- within 3 months after the decision to grant a TRP is made, a foreigner is registered as a member of the board in the company, which is registered in the Commercial Register for not more than 1 year;
- the total investments of a qualified capital risk investor made in the main capital of the said company within 6 months after the issue of the first TRP for the same activity reached at least 30,000 euros and within 18 months after the issuance of a TRP reached at least 60 000 euros.
 
Another important change in the Law was the possibility for the family members of a foreigner (who received a TRP on the basis of family reunification), who in turn received a TRP with the right to work or the right to conduct commercial activities, to work for any employer in Latvia without any restrictions (clause 26, part 5 of section 9 of the Law).
 
Earlier, the Law provided that at the age of 18, a foreigner lost a TRP obtained on the basis of family reunification. Now the Law allows to keep a TRP after reaching the age of 18 years. According to part 4 of section 23 of the Law, if a child was underage at the time of the request of a TRP by the parents, then after reaching an adulthood, the conditions of section 29 of the Law are applied to him. The section 29 of the Law determines that for a TRP issued to a spouse of a citizen or non-citizen of Latvia or a foreigner who has received a TRP, the child of that spouse has the right to require a TRP. Thus, at the end of the TRP, previously issued to the child on the basis of family reunification, the child who has reached the adulthood may reapply for a TRP, using the above-mentioned rules of the Law.