On Saturday, September 24, changes to the Immigration Law that alter the process for requesting and extending temporary residence permits for citizens of Russia and Belarus take effect in an effort to reduce the adverse outcomes to national security associated with their immigration to the Republic of Latvia.

Extending EU residence permits for Russian citizens and citizens of Belarus in Latvia

Recently, the Saeima of the Republic of Latvia agreed to temporarily suspend the first-time issuing of temporary residence permits to nationals of Russia and Belarus in response to Russia's invasion of Ukraine. On September 22, 2022, the Saeima backed the legislative changes to the Immigration Law recognized as urgent in the second-final reading, providing for latest changes for citizens of these countries.

This article outlines the following changes to existing procedure for EU residency extension for Russian citizens and citizens of Belarus.

Latvia will not issue remote work visas

Amendments to Article 11, Part Two, Clause 3, and Part Five of the Immigration Law state that Russian citizens will not be able to obtain or extend long-term visas in situations where the visa's issuance is connected to employment in Latvia or remaining in Latvia to work remotely for an employer registered in another OECD member state, or as a self-employed person registered in an OECD member state.

Temporary residence permits are issued only in special cases

The addition of Article 23.1 to the Immigration Law (further mentioned as the Law) specifies the circumstances under which residents of Belarus and Russia may apply for and be granted temporary residence permits in Latvia. Temporary residency permits may only be issued if they pertain to:

family reunification;
international protection;
national interests;
for humanitarian reasons.

Each of the aspects shall be determined individually. Russian nationals may apply for a temporary residency permit in certain circumstances, such as when they have been identified as victims of human trafficking, when their spouse or parents reside in Latvia, when they have been granted temporary protection under the Asylum Law, when they have been named the guardian or custodian of a Latvian citizen or non-citizen, or when their stay is required by legal proceedings, such as divorce or child custody battles (for more details, see the second part of Article 23.1).

Belarus citizens are subject to less restrictions

As stated in the annotation of the Immigration Law modifications, restrictions on Belarus nationals have been narrowed in order to maintain support for the Belarus people, including those who have been subjected to repressions, civil society, independent media, businesses, etc.

If a citizen of Belarus is related to a person who is a resident of Latvia or who is not a citizen of Latvia (provided that a person is a holder of residence permit), or if he is a foreigner who has received a permanent residence permit up to the third degree in a direct line or up to the third degree in a lateral line, or if he is a brother-in-law up to the third degree, if he is a student, if he has a contract for treatment at an inpatient treatment center, if he is a member of a board or council listed in the business register, a procurator, administrator, liquidator, or a partner with the authority to represent a partnership it is possible to request a temporary residence permit.

Permanent residence permit if you have learned the Latvian language (both Russia and Belarus citizens)

A Russian citizen who was a citizen of Latvia or a non-citizen of Latvia before becoming a Russian citizen would receive a permanent residency permit that is valid until September 1, 2023, according to the revisions, which also add to the immigration law's transitional provisions. A person must submit a certificate of mastery of the national language at the end of the applicable time in accordance with the procedures outlined in the Immigration Law in order to reapply for a permanent residence permit (see paragraphs 58, 59 and 60 of the Law).

Foreigners residing in Latvia now have the ability to apply for permanent residency permits based on their prior status as Latvian citizens or non-citizens, regardless of whether they were previously citizens or non-citizens of that nation (clause 8 of the first part of Article 24 of the Immigration Law is excluded).

The changes also prevented Russian and Belarussian nationals with temporary residence permits obtained via investments or the purchase of property in Latvia from having such permits renewed.

On September 23, 2022, changes to the Immigration Law were announced, and they were effective the following day.

Contact EU LAW FIRM lawyers in Latvia

For legal advice on immigration matters and EU residence permits, do not hesitate to contact our lawyers in Latvia.

E-mail: info@eulawfirm.eu

Telephone: +371 26742086 (Available on WhatsApp/Telegram/Viber)