On 23 January 2006 Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents of a Member State of the European Union came into force.
On 22 June 2006 the law “On the Status of Permanent Residents of the European Union in the Republic of Latvia” was adopted, which introduced a new status – the status of the long-term resident of the European Union in the Republic of Latvia.
According to this Law, persons who are not citizens of Latvia or another Member State of the European Union, a Member State of the European Economic Area or Swiss Confederation are deemed third country nationals. According to this definition Latvian non-citizens are also considered to be third country nationals.
The status of the long-term resident of the European Union is not mandatory and is not granted to persons automatically – a person willing to acquire such status has to apply to OCMA and at the same time correspond to certain criteria.
The criteria for acquiring of the status of the long-term resident of the EU are:
- The status of the long-term resident of the EU is granted provided the person has, for the last five years, continuously and lawfully resided in the territory thereof, with the toleration of the person’s absence that does not exceed six successive months or ten months altogether. Absence is deemed justified if the reasons thereof are circumstances beyond the person’s control (the person’s illness, force majeure, etc.). The absence is deemed justified for a holder of the European Union’s Blue Card provided the reasons thereof are performance of business activities in the status of an employee or as a self-employed, voluntary service or studies in the person’s country of origin and the absence from the European Union has not exceeded 12 successive months or 18 months altogether. The time spent by a Latvian non-citizen in another European Union Member State, provided it does not exceed a period of five years is included in the continuous residence term.
- The person has to prove sufficient means of sustenance both for himself or herself and his or her family members. Moreover, the sustenance must be stable and regular, namely, during the last 12 months prior to filing of the application the person should have had received at least the minimum wage applicable in the country, on which taxes have been paid. A pension granted to a person in the Republic of Latvia is also considered sufficient security.
- Taking into account that the aim of the directive is also integration of third country nationals who have been residing in the Member State for a certain period of time, the acquisition of the status of the long-term resident of the EU requires also the knowledge of the official language. People who wish to obtain this status must prove their proficiency in the state language at least at the A2 level.
The holder of the status of the long-term resident of the EU will receive a permanent residence permit in which it is indicated that he or she is the long-term resident of the EU.