Republic of Latvia

Cabinet

Regulation No. 676

Adopted 30 August 2011

Visa Regulations

Issued pursuant to Section 3, Paragraph three,Section12,

Paragraph one, Clause 3 and Section 13,

Paragraph three and four

of the Immigration Law

1. General Provisions

1. This Regulation prescribes:

1.1. procedures by which documents for requesting a visa shall be submitted;

1.2. procedures by which a visa shall be issued, registered, extended, annulled and revoked;

1.3. periods of validity of visas;

1.4. amount of information to be included in the National Visa Information System (hereinafter -the National Visa System) and the Visa Register;

1.5. procedures for use of the Visa Information System (hereinafter- EU Visa System), the National Visa System and the Visa Register; and

1.6. border crossing points where a visa may be issued in accordance with the Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (hereinafter - Visa Code).

2. A visa sticker shall be completed in printed form utilising the information entered into the National Visa System.

3. A visa sticker shall not be signed.This condition shall not be applied to the cases when a visa sticker is completed manually.

4. Upon issue of a visa, the first letter of the name and the surname of the official who has taken a decision shall be entered in the right side of the 1st row in the heading “Comments” of a visa sticker.

2. Issue of a Visa

5. Visas shall be issued by:

5.1. officials of diplomatic and consular missions of the Republic of Latviaabroad (hereinafter – Mission) – visas of all classes and types, including visas with a notation “Diplomātiskā vīza” [Diplomatic visa] and “Dienesta vīza” [Service visa];

5.2. officials of the Office of Citizenship and Migration Affairs (hereinafter – Office) – uniform visas of all classes, visas with limited territorial validity and long-stay visas.Officials of the Office may issue visas with a notation “Diplomātiskā vīza” [Diplomatic visa] or “Dienesta vīza” [Service visa] only upon request of the Consular Department of the Ministry of Foreign Affairs (hereinafter – Consular Department);

5.3. officials of the Consular Department - uniform visas of all classes, visas with limited territorial validity and long-stay visas with a notation “Diplomātiskā vīza” [Diplomatic visa] or “Dienesta vīza” [Service visa]; and

5.4. officials of the State Border Guard at the border crossing points specified in Annex 1 of this Regulation – single uniform visas and visas with limited territorial validity.Officials of the State Border Guard may issue visas with a notation “Diplomātiskā vīza” [Diplomatic visa] or “Dienesta vīza” [Service visa] only upon request of the Consular Department.

6. Officials of the institutions referred to in Paragraph 5 of this Regulation shall take a decision regarding the issue of a visa and shall specify the class, type, period of validity of a visa to be issued and the permitted duration of stay in the Republic of Latvia or the territory of the Republic of Latvia and one or several other Schengen Agreement Member States on the basis of the documents submitted, as well as the information acquired in additional assessments and interviews with the visa applicant.

7. If a child of a foreigner does not have his or her own travel document but the data and photo of such a child are included in a travel document of the adult foreigner, an individual visa for each child travelling together with the foreigner shall be issued by affixing it in a travel document of the adult foreigner.Such condition shall be applied if all the referred to foreigners enter in the Republic of Latvia or in the territory of the Republic of Latvia and one or several other Schengen Agreement Member States, stay and depart from it or transit trough such a territory together.

8. A visa shall be issued to a foreigner who has not reached 18 years of age and who travels independently or together with another person who is responsible for him or her, if a notarially certified permission of a parent or a guardian for the travel of the child to the Republic of Latvia or the Republic of Latvia and one or several other Schengen Agreement Member States is submitted.A notarial certification is not requested if a parent or a guardian submits the permission to the Mission or the Office in person.The indication shall be included in the permission regarding the person who is responsible for the child during the period of validity of a visa.

9. A foreigner may not submit the documents for issue of such a uniform visa or a visa with limited territorial validity which is valid only together with a work permit in the Republic of Latvia to those diplomatic or consular missions of Schengen Agreement Member States with whom agreements regarding representation have been entered into.

10. To request a visa, the originals of documents or notarially certified or non-certified copies thereof shall be submitted.Upon submission of notarially non-certified copies of documents, originals of such documents shall be presented.

11. If a foreigner because of health status is not able to submit the documents for extension of a visa to the Office in person, the documents shall be submitted by:

11.1. a person authorised by the foreigner, attaching a statement issued by a physician and a notarially certified power of attorney; or

11.2. a relative of the foreigner, attaching a statement issued by a physician and presenting documents attesting the kinship.

12. An invitation for the request of a visa is valid only for the foreigner indicated therein to request the visa once only.

13. If several foreigners are indicated in one invitation, they may request a visa individually utilising the same invitation – each of them once and in one Missiononly.

14. If a decision is taken to refuse to issue a visa, the documents submitted for the request of a visa shall not be returned and the State fee shall not be reimbursed to the foreigner.

15. If a decision is taken to issue a visa, visa application forms and other documents submitted for the request of a visa or copies thereof shall be kept for five years from the day of taking the final decision – the relevant visa issuing authority shall keep the documents for one year and after the end of this period they shall be transferred to the Office for storage.If a visa with limited territorial validity valid within the territory of more than one MemberState has been issued in accordance with Article 25(2) of the Visa Code, the documents attesting consent of every such MemberState shall be attached.

16. If a decision is taken to refuse to issue a visa, the relevant visa issuing authority shall keep visa application forms and other documents submitted for the request of a visa or copies thereof, as well as a copy of the form specified in Annex VI of the Visa Code for five years from the day of taking the final decision.

2.1. Issue of a Long-stay Visa

17. A foreigner shall submit an application for a long-stay visa not earlier than three months prior to the planned day of entry.

18. When accepting for examination the documents submitted for the request of a long-stay visa, a notation shall be made in a travel document of the visa applicant utilising a stamp.A stamp shall specify the code of the Republic of Latvia (LV), the date when the visa has been requested, the name of a visa issuing authority, as well as the type code (D) of the requested visa.A notation shall not be made in a travel document if a foreigner uses a diplomatic, service, official or special passport for travelling.

19. When requesting a long-stay visa, a foreigner shall submit:

19.1. a valid travel document whose period of validity exceeds the period of validity of the requested visa by at least three months and where there are at least two free pages for affixing visas;

19.2. a visa application form completed in compliance with Annex 2 of this Regulation;

19.3. a photo made during submission of the application or a scanned photo which has been made in compliance with Annex 3 to this Regulation;

19.4. a copy of the document which attests that he or she has an insurance policy specified in Section 12, Paragraph one, Clause 4 of the Immigration Law, if any required;

19.5. documents justifying the necessity to receive a visa in accordance with international legal provisions or national interests of Latvia, or is related to force majeure or humanitarian considerations;

19.6. documents justifying the place of stay;

19.7. documents attesting that he or she has the necessary financial means to stay in the Republic of Latvia and to return to the country of residence or depart to another country;

19.8. a payment printout or information which ensures the possibility to ascertain regarding the payment of the State fee (date of the payment, number, payment reference, sum, currency and payer's details).

20. If a foreigner needs a visa for entry in the Republic of Latvia and his or her purpose of entry is the receipt of a residence permit in the Republic of Latvia, the Mission shall issue a long-stay visa with a duration of stay up to 15 days on the basis of a decision taken by the Office regarding the granting of a residence permit.

21. A long-stay visa shall be issued to a foreigner on the basis of a decision taken by the Office regarding the granting of a residence permit not earlier than 10 days prior to the day of the beginning of the period of validity of a residence permit, if such is indicated in the decision of the Office.

22. In order to request a long-stay visa on the basis of a decision taken by the Office regarding the granting of a residence permit, a foreigner shall submit a travel document whose period of validity exceeds the period of validity of the residence permit specified in the referred to decision of the Office by at least three months if a decision to grant a temporary permit is taken, or a travel document whose period of validity is not less than a year if a decision to grant a permanent residence permit is taken.

23. The requirement referred to in Sub-paragraphs 19.5, 19.6 and 19.7 of this Regulation shall not apply to a foreigner who requests a visa on the basis of a decision taken by the Office regarding the granting of a residence permit and to the case referred to in Paragraph 20 of this Regulation.

24. If a residence permit of a foreigner having a valid residence permit has lapsed while he or she is residing abroad, the Mission shall issue a long-stay visa in compliance with Paragraph 20 of this Regulation.

25. A long-stay visa shall be issued to a foreigner who legally resides in the Republic of Latvia if he or she submits the documents referred to in Paragraph 19 of this Regulation to the Office.

26. In the case specified in Paragraph 25 of this Regulation, a foreigner shall submit the necessary documents no later than three working days prior to the end of the period of validity of the previous visa, except for the case when it is not possible due to force majeure.

27. The visa stickers may be completed manually only when there are invincible technical reasons due to which entries may not be printed on the sticker.No changes may be made in the visa sticker.

28. Analogue entries as completing it in printed form shall be made in the visa sticker which is completed manually.No additional notations may be made.

29. When issuing a long-stay visa, the word "LATVIJA" [LATVIA] shall be written in the heading "Derīga" [Valid for] of a visa sticker.

30. When issuing a long-stay visa, the number of days permitted for the stay in the Republic of Latvia shall be written in the heading "Uzturēšanās ilgums … dienas" [Duration of stay ... days] of a visa sticker.The maximum permissible number of days to be written under this heading shall not exceed 183 days and it shall apply for each half-year period.

31. A visa sticker shall be affixed in a page of the travel document in which there is a notation referred to in Paragraph 18 of this Regulation and approved with a stamp of the visa issuing authority.

2.2. Issue of a Visa with a Notation “Diplomātiskā vīza”
[Diplomatic Visa] or “Dienesta Vīza” [Service Visa]

32. A visa with a notation “Diplomātiskā vīza” [Diplomatic visa] or “Dienesta vīza” [Service visa] may be a uniform visa of all classes, a visa with limited territorial validity, an airport transit visa and a long-stay visa.

33. A visa with a notation “Diplomātiskā vīza” [Diplomatic visa] shall be issued to:

33.1. a foreigner to whom diplomatic or consular and equivalent to them privileges and immunities have been granted in accordance with the regulatory enactments of the Republic of Latvia and international agreements binding on the Republic of Latvia and who arrives on an official task to the Republic of Latvia or transits trough the territory thereof;

33.2. the head of a foreign country, his or her family members and members of the delegation led by him or her;

33.3. the head of the government of a foreign country, a member of the government of a foreign country and members of the delegation led by him or her;

33.4. the head of the parliament of a foreign country, a member of the parliament of a foreign country and members of the delegation led by him or her;

33.5. a diplomatic agent (representative) of a foreign and international organisation who is travelling to a diplomatic post or leaving such a post, and his or her family members who live together with him or her;

33.6. a foreign consular official who is travelling to a consular post or leaving such a post, and family members of the referred to person who live together with him or her;

33.7. a diplomat of a foreign country if he or she is travelling on a working visit to the Republic of Latvia;

33.8. an officially invited delegate of a foreign and international organisation and his or her family members who live together with him or her – if the Ministry of Foreign Affairs has accepted the relevant official visit;

33.9. a diplomatic and consular courier of a foreign country; and

33.10. other persons in accordance with international agreements binding on the Republic of Latvia.

34. A visa with a notation “Dienesta vīza” [Service visa] shall be issued to:

34.1. administratively technical staff of the delegation referred to in Sub-paragraphs 33.2, 33.3 and 33.4 of this Regulation;

34.2. administratively technical and service staff of a foreign diplomatic and consular mission and of a diplomatic mission of an international organisation, and their family members who live together with them;

34.3. a foreigner who conforms to the requirements specified in Paragraph 33 of this Regulation but who has no right to receive a diplomatic visa;

34.4. other persons in accordance with international agreements binding on the Republic of Latvia;

34.5. a foreigner who arrives to the Republic of Latvia in order to perform other tasks of national importance – only in the Consular Department or after prior co-ordination with the Director of the Consular Department; and

34.6. foreign accredited journalists and correspondents.

35. In order to request a visa with a notation “Diplomātiskā vīza” [Diplomatic visa] or “Dienesta vīza” [Service visa], a foreigner shall submit a diplomatic passport, a service passport or another travel document, his or her photo and a written request (note) of the department of foreign affairs, competent authority, diplomatic or consular mission of the relevant foreign country or the relevant international organisation or the diplomatic mission thereof in which the following information shall be specified:

35.1. given name (names), surname, date of birth and citizenship (nationality) of the person;

35.2. name of the state or international organisation issuing the travel document, document number, date of issue and period of validity; and

35.3. purpose of entry and intended duration of stay.

3. Extension of a Uniform Visa and a Visa with Limited Territorial Validity

36. In the cases specified in Article 33 of the Visa Code a visa shall be extended by:

36.1. officials of the Office - uniform visas and visas with limited territorial validity.Visas with a notation “Diplomātiskā vīza” [Diplomatic visa] or “Dienesta vīza” [Service visa] shall be extended by officials of the Office only upon the request of the Consular Department;

36.2. officials of the Consular Department - visas with a notation “Diplomātiskā vīza“ [Diplomatic visa] or “Dienesta vīza” [Service visa].

37. When requesting to extend a uniform visa or a visa with limited territorial validity at the Office, a foreigner shall submit:

37.1. a valid travel document which complies with the criteria specified in Article 12 of the Visa Code;

37.2. a visa application form completed in compliance with Annex I of the Visa Code;

37.3. a photo made in compliance with the requirements specified in Article 13 of the Visa Code;

37.4. a copy of the document which attests that he or she has an insurance policy which complies with the requirements specified in Article 15 of the Visa Code;

37.5. documents which prove one of the following reasons:

37.5.1. force majeure circumstances or humanitarian reasons which do not allow him or her to leave the territory of the Republic of Latvia prior the end of the period of validity of a visa or duration of stay permitted in a visa;

37.5.2. serious personal reasons which justify the necessity to extend the period of validity of a visa or duration of stay;

37.6. documents justifying the place of stay;

37.7. documents attesting that he or she has the necessary financial means to stay in the Republic of Latvia and other SchengenAgreementMemberStates and to return to the country of residence or depart to another country;

37.8. a payment printout or information which ensures the possibility to ascertain regarding the payment of the State fee (date of the payment, number, payment reference, sum, currency and payer's details).

38. A visa shall be extended, if a foreigner submits the documents referred to in Paragraph 37 of this Regulation and complies with the following criteria:

38.1. he or she is not a person regarding whom an alert has been issued in the Schengen Information System regarding the fact that the possibility to enter and reside in the Schengen Agreement Member States is prohibited for this foreigner; or

38.2. he or she is not considered as a threat to the policy, internal security, public health or international relations of any Schengen Agreement Member State and - especially - the competent State institutions specified in Section 1, Clause 5.1 of the Immigration Law have not provided any information which serves as a basis to prohibit a foreigner to enter and reside in the Republic of Latvia.

39. If a foreigner is not able to submit the document referred to in Sub-paragraph 37.1 or 37.7 of this Regulation or he or she fails to comply with any criteria referred to in Paragraph 38 of this Regulation, the Head of the Office or the Director of the Consular Department or their authorised official may take a decision to extend a visa for such foreigner by issuing a new visa which is valid only in the Republic of Latvia in the cases referred to in Sub-paragraph 37.5.1 of this Regulation.