Latvijas Republikas Iekšlietu Ministrijas
Pilsonības un Migrācijas Lietu Pārvalde
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PROCEDURE OF APPROVAL OF A LETTER OF INVITATION

Documents for the approval of a letter of invitation may be filed with ANY regional office of the Office of Citizenship and Migration Affairs

The documents necessary for sponsorship approval may be submitted in Latvian, English, French, Russian or German. The submission and explanations required for the sponsorship approval shall be provided by the inviter only in Latvian.

The procedure of approval of a letter of invitation is set forth by the Regulation of the Cabinet of Ministers No. 564 of 21 June 2010:

Approval of a letter of invitation

The documents for the approval of a letter of invitation are filed by:

  • an adult citizen of Latvia or non-citizen of Latvia;
  • an adult foreigner who holds a valid permanent residence permit in the Republic of Latvia;
  • a citizen of a European Union Member State, a European Economic Area Member State or the Swiss Confederation that is residing in the Republic of Latvia with a registration certificate or a permanent residence certificate;
  • a governmental institution of the Republic of Latvia;
  • A registered legal person of the Republic or a foreign legal person, having a registered authorised person in the Republic of Latvia;

  • a person who has reached legal age and obtained alternative status or temporary protection in the Republic of Latvia for the purpose of reunification with family members within the meaning of the Asylum Law;

  • lawful representative of an unaccompanied minor, who has been granted refugee or alternative status in the Republic of Latvia and who wish reunification with his mother and father, if an opinion of the Orphan's Court has been received that it is in the interests of the minor.

An individual shall file the documents personally. If due to justified reasons the person is not able to file the documents personally and such is confirmed by a respective certification, the documents may be filed by an authorised person by presenting a notarised Power of Attorney.

When executing a letter of invitation, the individual shall:

  • present a personal identification document. If the letter of invitation is executed for the spouse, the inviter shall file a copy of his/her personal identification document by presenting the original;
  • provide information regarding his/her telephone number or other information (for example, the electronic mail address) that provides for the possibility of communication,
  • provide information about the foreigner: name (names) and surname in Latin alphabet spelling, as specified in the travel document of the foreigner; the country affiliation; sex; date of birth; place of birth; residence address abroad; envisaged place of residence in the Republic of Latvia; purpose and duration of stay in the Republic of Latvia;
  • shall pay a State fee.

When executing a letter of invitation for a foreigner envisaged to be employed in the Republic of Latvia, the employer shall:

  • present a personal identification document and a duly executed Power of Attorney;
  • file the application:
  • If the foreigner’s profession is regulated, he or she shall submit a copy of qualification recognition certificate or an equivalent document, certifying the compliance of the professional qualification to the requirements set forth in the Republic of Latvia. If the foreigner’s profession is not regulated, he or she shall submit a copy of a legalized educational document or a document confirming three years’ experience in the profession, in which the employer intends to employ the foreigner, by enclosing translation into the State language that is certified according to the prescribed procedure. Documents referred to in this sub-paragraph shall not be submitted when the invitation is being approved: for requiring of repeated residence permit if the employment area remains the same; for registering of residence permit; for a Management Board or a Council member, a procurator, an administrator, a liquidator or a member of a partnership registered in the commercial register or a person authorized to represent a merchant (a foreign merchant) in activities related to branch; for a pupil of an educational institution or a student who comes to the Republic of Latvia for field practice or internship in a company registered in the commercial register and submits a document confirming the fact of training or studies; for a foreigner who requires the Blue Card of the European Union if he or she will not be employed in a regulated profession and the employer issues to the foreigner a document which confirms five years of professional experience and is received according to regulatory enactments providing for the procedure, under which the professional experience can be recognized as valid for receiving of the Blue Card of the European Union in the relevant profession or industry;
  • if the work of a foreigner in the Republic of Latvia is intended in accordance with an employment agreement or a work performance agreement, file a copy of the employment agreement or a draft thereof or a copy of the work performance agreement or a draft thereof. (The above documents shall also be filed where a letter of invitation is being executed for the repeated request of a residence permit or registration of a residence permit;
  • if it is intended to employ an individual on the basis of a work performance agreement, file a document certifying that this individual has been registered as a taxpayer and does not have any debts related to taxes set forth by legal acts, submit the document approved by the Latvian or foreign tax authority, which certifies that the natural person has been registered as a tax payer, and has paid taxes, fees and other mandatory payments into the budget or the relevant payment terms have been extended (suspended, distributed) in accordance with the procedures specified in regulatory enactments governing the sphere of taxes and the person is making payments in accordance with the decision of the tax authority (payment schedule), except for the cases if execution of the decision of the tax authority is suspended for the period of the pre-trial examination;
  • when inviting the employee posted within a company, shall submit letter of a foreign company, which includes the following information: information regarding duration of posting; acknowledgent that a foreigner will take an office of manager, professional or practicant employee; information regarding remuneration to be received by a foreigner, while staying in the Republic of Latvia, as well as other conditions of employment; 
  • file a copy of a permit (licence), if the employer intends to employ a foreigner in such work, the performance of which requires a permit (licence);
  • If a workforce assurance service provider submits the invitation application, in addition to document referred to in this paragraph, it shall submit the application of the person to whom the workforce assurance service is supplied, and the application shall contain information about the expected employment duration of each invited foreigner at the relevant person, to whom the workforce assurance service is supplied, and the place of the work execution;
  • shall pay a State fee.

If the foreigner is intended to be employed at several merchants or in several positions or professions at one merchant, the decision on granting of employment right is required for each type of work with the following exception: the employment is related to conducting of business according to sub-paragraph 2.4 of this regulation; up to two months within a calendar year, the foreigner is being employed at the same employer in another speciality (profession) and not in the one, for execution of the employment right was granted to him or her, and such employment shall be related with replacement of an absent employee.

A foreigner may be employed only in the speciality (profession), in which the employment right is granted. If the employer or the speciality (profession) changes, the foreigner shall be obliged to obtain a new employment right under this regulation, except for the above referred to cases. If the foreigner’s residence permit contains entry “Business activity”, he or she must obtain a new employment right only if the expected employment is not related to conducting of business activities. In case of change of other provisions served as grounds for granting of employment right (for example, changes in work hours, place of work execution, or wage amount), the employer shall give a respective notice to the office within three working days from the day of the provision change.

If the conditions which are related to the employment of a foreigner and which were the basis for the approval of a letter of invitation (for example, a profession or position changes), change within the term specified in the residence permit, a new letter of invitation is required. If a foreigner is employed by several employers, each employer shall draw up a letter of invitation, except where several employers are employing a Board Member, a Council Member, a proctor, an administrator, a liquidator or a member of a partnership registered in the Commercial Register who has the right to represent the partnership, or a person who is authorised to represent a merchant (a foreign merchant) in activities related to the branch.

When executing a letter of invitation, a representative of a legal entity or a governmental institution shall:

  • present a personal identification document and a duly executed Power of Attorney;
  • file an application;
  • shall pay a State fee.

If an invitation for a foreigner to reside in the Republic of Latvia is related to an exchange programme of students or pupils, information regarding the individual who assumes responsibility for the minor pupil during his or her residence in the Republic of Latvia shall be specified. In addition to the other documents an inviter shall file a document that attests the rights of the inviter to organise an exchange programme as well as certification by an accredited educational institution of the Republic of Latvia that the pupil will study at that educational institution in accordance with a particular exchange programme, or a certification issued by an accredited higher education institution of the Republic of Latvia that the foreigner is participating in an exchange programme within the framework of the international cooperation network of higher education institutions, international exchange agreement (between higher education institutions) or an inter-departmental agreement.

If, during the period specified in the residence permit, without changing the employer, the profession or position of the employed foreigner changes, and taking of such profession or position requires applying for a job vacancy in the National Agency for Employment, the employer shall prepare a new invitation for the foreigner. If the foreigner is employed at several employers, the invitation shall be prepared by each employer except the case when several employers employ a Management Board or a Council member, a procurator, an administrator, a liquidator or a member of a partnership registered in the commercial register or a person authorized to represent a merchant (a foreign merchant) in activities related to branch.

One application for a letter of invitation may include several members of one family if they have a common purpose for residence in the Republic of Latvia.

An official of the Office shall adopt the decision on the approval of the letter of invitation within two business days, or if the request for the letter of invitation is related to the employment of a foreigner in the Republic of Latvia – within five business days after the filing of the documents required for the approval of the letter of invitation. If an additional examination is necessary for the adoption of the decision, the official shall notify the inviter thereof and adopt the decision within 10 business days.

!!! If the letter of invitation is not approved, is revoked or the inviter withdraws the letter of invitation, the filed documents are not issued to the inviter and the received state fee is not reimbursed.

An official of the Office shall not approve a letter of invitation if:

  1. The inviter has failed to submit all necessary documents provided by the Cabinet Regulation regarding procedure for approval of written requests, or the submitted documents have been acquired in an unlawful way, they are false or manipulations have been performed with them, or the inviter refuses to provide the requested explanations in relation to approval of the written request and entry of the invited foreigner and staying in the Republic of Latvia;
  2. the invited foreigner has been included in the list of foreigners that are prohibited from entering the Republic of Latvia;
  3. it has been established that the inviter has provided false information;
  4. competent governmental institutions have provided information that serves as a reason for refusing entry to the foreigner;
  5. it has been established that the invited foreigner does not hold a travel document recognised by the Republic of Latvia;
  6. there is reason to believe that the foreigner creates the risk of illegal immigration;
  7. it has been established that a prohibition has been set forth for the invited foreigner to enter the Schengen Area;
  8. the inviter has withdrawn the letter of invitation in writing;
  9. the inviter has lost the right to reside in the Republic of Latvia;
  10. the inviter has lost the right to invite a foreigner as set forth in this law;
  11. it has been established that the foreigner, when residing in the Republic of Latvia, over the last five years, starting from the day when the documents have been submitted for approval of a sponsorship, has committed an administrative violation and has failed to pay the imposed fine within the term set forth in legal acts, except for the event when operation of the administrative act has been suspended or the court adjudication regarding payment of the fine has not entered into force;
  12. the equity capital of the commercial company of the inviter has not been paid in accordance with the Commercial Law;
  13. the reason for invitation of a foreigner is employment pursuant to labour contract and the employer has failed to register the vacant position with the State Employment Agency or the position is registered, but after registration it has been vacant for the period which is less than the period set by regulatory  enactments regarding procedure for employment of foreigners, or the qualification of the invited foreigner or employment conditions fail to comply with the provisions specified in the application for the registered vacant position;
  14. there is reason to believe that the real purpose for requesting the residence permit by the foreigner does not correspond to the purpose specified in the documents.

The inviter has the right to contest the decision regarding refusal to approve the letter of invitation or revocation of the letter of invitation within 30 days after the day of its entry into force by filing a respective application with the Head of the Office of Citizenship and Migration Affairs.

The inviter may appeal the decision regarding the contested administrative act in the procedure set forth by law to the Administrative District Court. The adjudication of the court is final and not appealable.

Contesting and appealing the decision does not suspend its operation.

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