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ANNUAL REPORT ON MIGRATION AND
INTERNATIONAL PROTECTION
STATISTICS FOR LATVIA
(reference year 2008)
Riga, September, 2010
2
Latvian contact point of the European Migration Network is responsible for the development of this report
Latvian contact point of the European Migration Network is the Office of Citizenship and Migration Affairs Author of the Report: Kristīne Bērziņa, Expert of the Latvian National Contact Point of the European Migration Network Reviewers: Ilze Briede, Head of the Migration Division of the Office of Citizenship and Migration Affairs Līga Vijupe, Head of the Asylum Affairs Division of the Office of Citizenship and Migration Affairs Andris Vaivods, Chief inspector of the Analytical Division of the Service Organization Board of the Central Board of the State Border Guard Sanda Kundrāte, Head of the Persons Status Control Division of the Office of Citizenship and Migration Affairs Contacts: Ciekurkalna 1st Line 1, B -3, Riga, Latvia, LV-1026 Phone: +371 67219492 Fax: +371 67219431 E-mail: [email protected] Web: www.emn.lv
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CONTENTS INTRODUCTION 4
2. METHODOLOGY 4
3. INTERNATIONAL MIGRATION, USUALLY RESIDENT POPULATION AND
ACQUISITION OF CITIZENSHIP 5
3.1. International migration flows 10
3.2. Usual residence 15
3.3. Acquisition of citizenship 17
4. INTERNATIONAL PROTECTION 20
4.1. Applications for international protection 20
4.2. Decisions on international protection 22
4.3. Unaccompanied minors 23
4.4. Dublin Regulation 24
5. PREVENTION OF ILLEGAL ENTRY AND STAY 26
5.1. Refusals 27
5.2. Foreigners apprehended in the territory of Latvia 30
6. RESIDENCE PERMITS AND RESIDENCE OF THIRD COUNTRY
NATIONALS 31
7. VOLUNTARY RETURN AND FORCED RETURN 37
7.1. Conclusions on nationality of illegal immigrants 39
4
INTRODUCTION The current Annual Report on Migration and International Protection Statistics
is the sixth report on statistics prepared by the Latvian Contact Point of the European
Migration Network pursuant the specification elaborated by the European
Commission and adopted by National Contact Points of the European Migration
Network.
The report provides comparable statistics on international protection and
migration, explains the reasons behind the changes in statistical indicators as well as
some problems Latvia would face in the near future.
The report contains analysis of statistics collected and compiled pursuant to
Regulation No 862/2007 of the European Parliament and of the Council of 11 July
2007 on Community Statistics on Migration and International Protection1 (hereinafter
– the Regulation No 862/2007).
The report consists of five chapters related to migration, international
protection, and illegal migration. Each chapter is divided into subsections pursuant to
the structure of the Regulation No 862/2007. Introduction of each chapter contains
general background information about the respective area, the main changes in
legislation and the factors influencing statistical indicators.
The main factors influencing international protection and migration were
Latvia’s accession to the Schengen Area on December 21, 2007, and sharp global
economic downturn in the second half of 2008. True enough, the impact of the sharp
global economic downturn will be more apparent when analysing the data for 2009.
2. METHODOLOGY
All statistics for the current report were provided by the European
Community Statistics Office Eurostat (hereinafter - the Eurostat), which receives the
said data from national data providers, namely, the Central Statistical Bureau2, the
Office of Citizenship and Migration Affairs3 and the State Border Guard4. The data
1 Official Journal, L 199, 31.07.2007, pp. 23 - 29. 2 Hereinafter - the CSB. The CSB is a state institution subordinate to the Ministry of Economics, which is responsible for collection, compilation, and organization of statistics. Official Web site: www.csb.gov.lv . 3 Hereinafter - the OCMA. The OCMA is a state institution under the supervision of the Ministry of Interior, which is responsible for issue of identity documents and travel documents, maintenance of the
5
provided by the national data providers have been used mainly for situation
characterization in the areas of international protection and illegal immigration
because the data published by the Eurostat are rounded to the nearest 5 and therefore
it is difficult to reflect the real trends.
Because of substantially different methodologies of data compilation for 2008
and previous reference years5, the data for 2008 are practically incomparable to the
data for 2007.
3. INTERNATIONAL MIGRATION, USUALLY
RESIDENT POPULATION AND ACQUISITION OF CITIZENSHIP
The main factor influencing migration flows in the reference year was the
sharp global economic downturn, which began in September, 2008, and resulted in
increase in emigration flow. This trend will inevitably continue in the coming years.
Presently, there is no established mechanism for facilitation of reemigration to Latvia.
Furthermore, a dangerous feature has emerged: emigrants declare their departure
increasingly often, which at the state level can significantly hinder elaboration and
implementation of emigrant return programs. Rather we have to accept the fact that
some emigrants cannot be returned.
In 2008, no significant changes were introduced into migration legislation.
The Immigration Law6 and subordinated Cabinet Regulations govern the procedures
for entry, residence, transit, exit, and detention of foreigners as well as the procedures
by which foreigners are kept under temporary custody in the Republic of Latvia and
expelled from it in order to ensure the implementation of migration policy conforming
with the norms of international law and the State interests of Latvia.
.
Population Register, and implementation of state migration policy. The official Web site: www.pmlp.gov.lv . 4 Hereinafter - the SBG. The SBG is a state institution under the supervision of the Ministry of Interior, which is responsible for state boarder control and protection as well as for control over compliance with the provisions for entry, stay, departure and transit of foreigners. The official Web site: www.rs.gov.lv . 5 All reports on migration and asylum statistics developed by the Latvian Contact Point of the European Migration Network are available at and may be downloaded from the home page www.emn.lv, Chapter Studies and Reports. 6 The Immigration Law. - The Latvian Herald, No 169, 20.11.2002.
6
In 2008, the purpose of migration legislation harmonisation was to ensure
compliance with the requirements of Schengen acquis. The following legislation
amendments were carried out:
• Amendments to the Immigration Law 7 adopted by the Saeima8 on December 20,
2007, came into force on January 23, 2008. The purpose of aforementioned
amendments was to ensure full compliance with the requirements of Schengen
acquis. The Amendments expand the range of persons who are entitled to apply
for visa without an invitation. The Amendments specify visa types and the
procedure for issuance of visas after full accession of Latvia to the Schengen
Agreement as well as specify that an invitation is not the main document for
applying for visa9 rather than one of the possibilities to certify the reason for entry
and stay, and place to stay in the Republic of Latvia. Amendments provide a
possibility for a person to enter the Republic of Latvia with a travel document that
does not have a residence permit sticker if the person has received a new travel
document and when crossing the border can present the previous travel document
with a valid residence permit in it.
• Cabinet Regulations No 69 of February 5, 2008, „ Amendments to the Cabinet
Regulations No 183 of April 15, 2003, „Procedure for Approval of Invitations””
came into force on February 9, 2008. The purpose of the Amendments was to
provide the officials of diplomatic missions or consular offices of other Schengen
Member Mtates representing the Republic of Latvia with an access to certain data
entered into the information system Database of Invitations. To fully implement
the requirements of the Schengen acquis a provision was included in the
amendments about not approving the invitation or revoking of approved invitation
to those foreigners whose data is included in the Schengen information system
with aim to refuse the entry, also the provision about the need for recognised
travel document was defined more accurately.
7 Amendments to the Immigration Law. - The Latvian Herald, No 4 , 09.01.2008. 8 Saeima – the Parliament of the Republic of Latvia. 9 Pursuant subsection (11) Section 1 of the Immigration Law, a visa is a specific standard sticker in a travel document. It shall certify that a person has requested an authorisation to enter and stay in the Republic of Latvia or in any Schengen Agreement Member State, or in several Schengen Agreement Member States or cross their territory in transit and that the institution, which has issued the visa pursuant to the competence thereof, does not see any obstacle to the fact that the person enters and stays in the Republic of Latvia or in any Schengen Agreement Member State, or in several Schengen Agreement Member States during the period of time indicated in the visa and for the number of times indicated therein. The visa itself does not give the right to enter the Republic of Latvia or any of Schengen Agreement Member States.
7
• Cabinet Regulations No 222 of April 1, 2008, „Regulations Regarding the State
Fee for Examination of Documents Necessary for Application for Visa, Residence
Permit or Long-term Resident Status of the European Community in the Republic
of Latvia and Services Related thereto” came into force on April 4, 2008. The
Regulations define the state fee payable for examination of documents necessary
to request a long-term visa or long-term visa which can be used also as a short-
term visa, residence permit or a long-term resident status of the European
Community in the Republic of Latvia and for associated services, as well as the
procedure for payment of the state fee and categories of persons who are exempt
from state fee.
• Cabinet Regulations No 365 of May 26, 2008, „Procedures by which an
Assessment of Accessible Information is Performed in Reviewing the Documents
of a Foreigner Requesting a Visa or Residence Permit” came into force on May
30, 2008. The Regulations prescribe the procedures by which an assessment of
accessible information is performed regarding whether the entry of a foreigner
will not cause a threat to the State security or public order and safety (hereinafter -
additional assessment) in processing the documents of a foreigner applying for a
visa or residence permit who is the citizen of such a state for citizens of which an
additional assessment shall be performed on issuing a visa or residence permit, or
who has the status of a stateless person or refugee granted in a foreign state.
During the period of the additional assessment the Security Police and the
Constitution Protection Bureau shall provide information on weather the entry and
residence of a foreigner in the Republic of Latvia will create a threat to the State
security or public order and safety.
• Amendments to the Immigration Law 10 adopted by the Saeima on May, 2008,
came into force on June 6, 2008. The Amendments prescribe that work permits
are not necessary if a foreigner is legally employed in another Member State of
the European Union, the European Economic Area or Swiss Confederation and
has been seconded by the employer to provide services in Latvia.
• Cabinet Regulations No 592 of July 28, 2008, „Amendments to the Cabinet
Regulations No 226 of April 3, 2007, „Regulations regarding Procedures for the
Completion, Storage and Transferral of Declaration Forms of Foreigners”” came
into force on August 1, 2008. The purpose of the Amendments is to ensure
compliance with requirements of Schengen Agreement, namely the Schengen
10 Amendments to the Immigration Law. - The Latvian Herald, No 80, 23.05.2008.
8
Agreement imposes on Member States of the European Union the duty to take the
necessary measures to guarantee that company managers or employees who
provide shelter shall ensure that all accommodated foreigners and members of
tourist groups complete and sign the declaration form with their own hand and
prove their identity.
• Cabinet Regulations No 591 adopted by the Meeting of the Cabinet of Ministers
on July 28, 2008, „ Insurance Regulations for Foreign Nationals” came into force
on August 1, 2008. The Regulations specify cases when a foreigner may enter and
stay in the Republic of Latvia without a health insurance policy as well as cases
when a foreigner may be granted a visa or residence permit without a health
insurance policy, health insurance procedure for foreigners, minimum amount of
insurance coverage, minimum scope of billable services, and the procedure to
receive health care services for foreigners in the Republic of Latvia.
• Cabinet Regulations No 679 adopted by the Meeting of Cabinet of Ministers on
August 25, 2008, „Amendments to the Cabinet Regulations No 217 of April 29,
2003, „Visa Regulations”” came into force on August 30, 2008. The purpose of
the Amendments is to specify the State border crossing points of the Republic of
Latvia where visas are issued by the State Border Guard.
In 2008, implementation of one stop agency principle for granting of work
permits to foreigners for employment in Latvia has been commenced.11
In order to ensure the implementation of one stop agency principle,
optimization of the procedure for the approval of work invitation and issuance of
residence permit must be carried out, ensuring the procedure within one authority and
with one visit. It has been planned that from January 1, 2009, the Office of
Citizenship and Migration Affairs when deciding whether or not to grant a work
permit shall also examine all documents related to approval of work permits and co-
ordinate the contracts for work, therefore the employer, in order to approve a work
invitation and to execute an invitation needed for applying for residence permit, shall
have no need to address two authorities, State Employment Agency and Office of
Citizenship and Migration Affairs, instead the employer shall only address the Office
of Citizenship and Migration Affairs and the administrative procedure therefore shall
be less time-consuming. Whereas for the implementation of the of one stop agency
11 Pursuant to paragraph 2 of Cabinet of Ministers Order No 263 of May 19, 2008, „On Business Environment Improvement Plan 2008” and paragraph 12 of action plan „Action Plan for Business Environment Improvement 2008”.
9
principle it was necessary to make several amendments to legislation and adoption of
the draft law „The Amendments to the Immigration Law” has been substantially
delayed, the principle of one stop agency was only introduced on July 1, 2010.
The Foreign Affairs Committee of Saeima on December 3, 2008, proposed
amendments to the Immigration Law to simplify the procedure of granting residence
permit to foreign students by allowing the universities chosen by foreign students to
lodge documents needed for applying for residence permit.
On March 12, 2008, the Ministry of Interior of the Republic of Latvia and the
Department of Homeland Security of USA signed the Memorandum of Understanding
between the Ministry of Interior of the Republic of Latvia and the Department of
Homeland Security of the United States of America Regarding the United States Visa
Waiver Program and Related Enhanced Security Measures.12
In order to implement the Memorandum of Understanding, on March 14,
2008, Cabinet Regulations No 171 of March 11, 2008, „On the Memorandum of
Understanding between the Ministry of Interior of the Republic of Latvia and the
Department of Homeland Security of the United States of America Regarding the
United States Visa Waiver Program and Related Enhanced Security Measures” came
in force.
Since November 17, 2008, Latvia is a Member State of USA Visa Waiver
Program, under which Latvian citizens in possession of biometric passports can travel
to USA without visas for tourism and business and stay in USA up to 90 days after
approval by the Electronic Travel Authorization (ETA) System. When travelling to
USA for other purposes, i.e. for education or employment, etc., a person must lodge a
visa application with USA Embassy as before.
The law adopted by Saeima on February 21, 2008, „On Agreement between
the Government of the Republic of Latvia and the Government of the Republic of
Hungary on the Mutual Representation by their Diplomatic and Consular Missions in
Processing Visas and Collecting Biometric Data” came into force on March 14,
2008. The aforementioned Agreement was signed on November 22, 2007. Pursuant to
the Agreement the Republic of Latvia and the Republic of Hungary shall represent
each other in processing of uniform visas (airport transit visas, transit visas, short-stay
visas) in accordance with the provisions of the Schengen acquis.
12 The Memorandum of Understanding between Latvia and USA Security of the United States of America Regarding the United States Visa Waiver Program and Related Enhanced Security Measures has been signed. - [see on the Internet 14.03.2008.] http://www.mfa.gov.lv/lv/helsinki/jaunumi/Latvias/ZinasNoLatvias-Template/?pg=13603
10
After accession to the Schengen Agreement, Latvia has embraced the
opportunities enabled by the practice recognized by Schengen acquis to conclude
agreements on the mutual representation in granting Schengen visas. Latvia has
concluded agreements on mutual representation in granting Schengen visas with
France, Estonia, the Netherlands, Slovenia, Germany, and Sweden.
The law „On Agreement on a Working Holiday Scheme between the
Government of the Republic of Latvia and. the Government of New Zealand”13
adopted by the Saeima on December 4, 2008, came into force on December 24, 2008.
The purpose of the Agreement between the Government of the Republic of
Latvia and the Government of New Zealand on a Working Holiday Scheme signed in
Riga, on September 10, 2008, is to facilitate mobility, cooperation, and partnership
between young people of both countries. The Agreement seeks to simplify procedures
for Latvian young people stay in New Zealand and young New Zealanders stay in
Latvia. The Agreement allows both countries to grant to young people a document for
stay in the territory of the respective state. In Latvia the aforementioned document
shall be a decision issued by the Office of Citizenship and Migration Affairs but in
New Zealand - a temporary visa. Both countries pursuant to the Agreement shall issue
no more than 100 special permits per annum to the citizens aged between 18 and 30.
3.1. Migration flows
In 2008, the trend toward population decrease observed since 1990 continued
in Latvia. During the reference period because of long-term migration the population
of Latvia decreased by 2542 persons.
In 2008, 3465 persons from other countries took up permanent residence in
Latvia and 6007 persons departed Latvia to take up permanent residence in other
countries, which is the largest number since 2002.
In 2008, negative net migration has been the lowest since 2002 (see Table
3.1.1).
13 The law „On Agreement on a Working Holiday Scheme between the Government of the Republic of Latvia and the Government of New Zealand”. - The Latvian Herald, No 200, 23.12.2008.
11
Table 3.1.1 Migration flows, 2002-200814
2002 2003 2004 2005 2006 2007 2008 Resident population at the beginning of the year
2345768 2331480 2319203 2306434 2294590 2281305 2270894
Recorded immigration 1428 1364 1665 1886 2801 3541 3465
Recorded emigration 3262 2210 2744 2450 5252 4183 6007
Net migration -1834 -846 -1079 -564 -2451 -642 -2542
It should be noted that the number of persons who have informed the
respective institutions for the declaration of a place of residence about their
resettlement to another country has substantially increased since 2002 (see Chart
3.1.2). This, in turn, suggests that they have decided to reside permanently in the
selected country and there exists a minimal possibility that they will ever return to
Latvia. Taking into consideration the gradual deterioration of economic situation of
Latvia since autumn 2008, resulting in sharply increased unemployment, it might be
expected that at least in 2009 the recorded emigration flow will keep growing,
whereas the recorded immigration flow could significantly decrease, because one of
the main reasons for arrival to Latvia is employment.
14 Data source: the Eurostat.
12
Chart 3.1.2 Long-term population migration, 2002-200815
When analyzing recorded immigration indicators overall conclusions can be
drawn that Latvia as place of permanent residence is mainly chosen by men above the
age of 20. Regardless of disaggregation and in comparison to 2007 the leading states
of immigration have not changed – Russia, the United Kingdom, Lithuania, and
Germany (see Tables 3.1.3., 3.1.4., and 3.1.5).
60% of immigrants are men but 40% - women. 72% of immigrants are above
the age of 20.
When analyzing immigrants by their citizenship (see Table 3.1.3) it can be
concluded that 46% of immigrants are foreigners who are citizens of other Member
States of the European Union. 27% of immigrants are Latvian citizens, some of them
have decided to return after leaving the country but the other part consists of children
born abroad who have been granted Latvian citizenship – 638 immigrants are under
the age of 19.
Nationals of Russia (12%), Lithuania (8%), Bulgaria (7%), Germany (6%),
and Romania (5%) constitute a large number of immigrants. More than 80% of
citizens of Romania and Bulgaria, who have arrived in Latvia for employment, are
men. It should be noted that in comparison to 2007 no significant changes in
citizenship among the largest groups of immigrants have occurred.
15 Data source: the Eurostat.
-3000
-2000
-1000
0
1000
2000
3000
4000
5000
6000
7000
2002 2003 2004 2005 2006 2007 2008
Recorded immigration Recorded emigration Net migration
13
Table 3.1.3 The number of immigrants by citizenship,
disagregated by age and sex, 2007-200816 Age Sex Nationality 2007 Total 0-19 20-34 35-64 65+ Females Males Foreigners, EU-27 citizens 1642 1593 139 777 645 32 484 1109
Latvian citizens 986 939 638 136 129 36 448 491 Russia 377 403 76 66 149 112 231 172 Lithuania 315 285 26 143 102 14 97 188 Bulgaria 313 248 6 96 146 - 43 205 Germany 216 209 45 101 56 7 91 118 Romania 64 190 5 60 124 1 10 180 Other 1270 1191 159 581 407 44 451 740 Overall total 3541 3465 955 1183 1113 214 1371 2094
When grouping immigrants by country of birth we can see that the largest
number of immigrants was born in Russia – 12% (see Table3.1.4), moreover, 45% of
immigrants above the age of 65 were born in Russia. 7% of immigrants were born in
the United Kingdom but 79% thereof are under the age of 19 and 99% thereof are
under the age of 5. The aforementioned phenomenon can be explained by the fact that
after the accession of Latvia to the European Union in 2004 many young Latvian
citizens emigrated to the United Kingdom and eventually established families in
which children were born but, for various reasons, part of these families in 2008
decided to return to Latvia.
As far as in 2007 no data on the number of immigrants by country of birth,
disaggregated by age and sex, were compiled, it is impossible to compare the
aforementioned data and the respective data for 2008.
Table 3.1.4 The number of immigrants by country of birth,
disagregated by age and sex, 200817 Age Sex Country of birth Total 0-19 20-34 35-64 65+ Females Males
Russia 424 115 75 136 98 229 195 the United Kingdom 256 202 23 30 1 100 156
Bulgaria 244 8 93 143 - 45 199 Lithuania 240 22 133 79 6 77 163 Germany 191 63 83 44 1 83 108 Other 2110 545 776 681 108 837 1273 Overall total 3465 955 1183 1113 214 1371 2094
16 Data source: the Eurostat. 17 Data source: the Eurostat.
14
About two-thirds of immigrants before arrival in Latvia have previously been
usually resident in a Member State of the European Union (see Table 3.1.5). The ratio
had also prevailed in 2007. In comparison to 2007, the number of immigrants having
previously been usually resident in Russia and Germany has slightly increased but the
number of immigrants having previously been usually resident in the United Kingdom
has significantly decreased – by 45%.
Table 3.1.5
The number of immigrants by previous usual residence, disagregated by age and sex, 2007-200818
Age Sex Previous place of residence
2007 Total 0-19 20-34 35-64 65+ Females Males
EU-27 2591 2298 636 888 729 45 827 1471 Russia 396 452 121 69 162 100 240 212 the United Kingdom 599 331 213 59 52 7 144 187
Lithuania 299 298 28 148 106 16 102 196 Germany 234 269 72 112 74 11 125 144 Bulgaria 287 251 8 96 147 - 45 206 Other 1726 1864 513 699 572 80 715 1149 Overall total 3541 3465 955 1183 1113 214 1371 2094
It should be noted that the emigration flow has increased almost twice or by
44%. In addition, it should be noted that, like in the previous years, most part of the
emigrants have not declared their departure. Like the data on recorded immigration,
the data on recorded emigration show that the most part or 78% of all emigrants are
above the age of 20. In 2008, mostly men have arrived in Latvia and mostly women
(56%) have departed Latvia. One of the reasons why more women have emigrated is
related to marriage to foreigners.
From all persons, who in 2008 have decided to depart from Latvia, 3558
persons or 59% thereof were Latvian citizens (see Table 3.1.6). In comparison to
2007, the number of Latvian citizens, who have departed from Latvia, has almost
doubled. It should be noted that the data does not reflect the real emigration situation.
According to data compiled by Eurostat, 13 595 Latvian citizens have been registered
in other Member States of the European Union as immigrants in 2008 (in 2007, 3891),
18 Data source: the Eurostat.
15
from which 7786 persons were registered in the United Kingdom, 2066 – in Germany,
and 1471 – in Ireland. Such a large number of Latvian citizens registered in other
Member States of the European Union suggest that they most probably do not plan to
return to Latvia in the nearest future. Moreover, it should be noted that Latvia has not
still created conditions conducive to return of labour or implemented measures for
retaining individuals in working age in Latvia.
In 2008, 2231 or 37% of third-country nationals have departed from Latvia,
e.g., slightly fewer than in 2007. The countries, whose citizens have departed from
Latvia, are mostly the same, namely, Russia, Ukraine, and Belarus. It should be noted
that in 2007 from Member States of the European Union mostly emigrated citizens of
Germany (449), the United Kingdom (393), and Ireland (182),19 but in 2008 there
were significant differences not only in relation to the nationality but also in relation
to the number of emigrants – Germany (35), Lithuania (35), and Poland (26).20 It is
important to note that among persons, who have emigrated from Latvia, there are also
1150 non-citizens of Latvia 21.
Table 3.1.6
The number of emigrants by citizenship, disagregated by age and sex, 2007-200822
Age Sex Nationality 2007 Total 0-19 20-34 35-64 65+ Females Males Latvian citizens 1881 3558 621 1700 1133 104 2213 1345 Third-country nationals 2460* 2231 185 612 1041 9 1093 1138
Russia 611 509 55 107 206 141 276 233 Ukraine 61 122 12 41 49 20 36 86 Moldova 15 83 1 45 37 - 8 75 Belarus 56 59 4 16 25 14 22 37 USA 30 53 9 12 30 2 22 31 Other 1529 1623 115 505 778 225 802 821 Overall total 4183 6007 817 2426 2258 506 3379 2628 * Data of the Office of Citizenship and Migration Affairs
19 Data source: the OCMA. 20 Data source: the Eurostat. 21 Pursuant to the Law on the Status of those Former USSR Citizens, who do not have the Citizenship of Latvia or that of any Other State, non-citizens of Latvia are such citizens of the former USSR, who reside in the Republic of Latvia as well as who are in temporary absence, and their children, who simultaneously comply with the following conditions: 1) on July 1, 1992, they were registered in the territory of Latvia regardless of the status of the living space indicated in the registration of residence, or up to July 1, 1992, their last registered place of residence was in the Republic of Latvia, or it has been determined by a court judgment that they have resided in the territory of Latvia for 10 consecutive years until the referred to date; 2) they are not citizens of Latvia; and 3) they are not and have not been citizens of another state. 22 Data source: Eurostat.
16
In 2008, the number of persons, who have established their new usual
residence in a Member State of the European Union, has doubled (see Table 3.1.7).
The most favourite Member States of the European Union that are the destination for
Latvian emigrants are Ireland (20%), the United Kingdom (11%), and Germany
(10%) as well as the third countries Russia (20%) and Belarus (5%). The most part of
those, who have chosen to emigrate to Russia and Belarus, are non-citizens of Latvia
as well as citizens of Russian-speaking countries. It should be noted that the
aforementioned countries were a favourite destination for emigrants also in 2007.
Table 3.1.7 The number of emigrants by their new usual residence,
disagregated by age and sex, 2007-200823 Age Sex New usual residence 2007 Total 0-19 20-34 35-64 65+ Females Males
EU-27 1723 3422 526 1630 1166 100 2057 1365 Russia 1414 1 201 121 295 515 270 679 522 Ireland 182 1 183 150 597 432 4 641 542 the United Kingdom 393 669 116 364 187 2 400 269
Germany 449 610 74 257 231 48 414 196 Belarus 300 299 29 77 141 52 158 141 Other 1445 2045 327 836 752 130 1087 958 Overall total 4183 6007 817 2426 2258 506 3379 2628
3.2. Usual residence
Latvian population continues to decrease - population reduction rate in 2008
was 0.42%, in 2007 it was 0.46%24 (see Table 3.2.1). The main cause of population
decrease is the fact that the number of deaths exceeds the number of births.
For several years, there exists a slight predominance of women in Latvia and
this ratio has been present also in 2008, namely, 54% of population are women and
46% are men.
Mortality rate exceeding birth rate and negative net migration of population
have also caused changes in population age structure in Latvia. At the end of 2008,
the average age of Latvia population was 40.7 years, of which 37.7 years for men and
23 Data source: the Eurostat. 24 Data source: the CSB.
17
43.2 years for women.25 It explains why the largest group of persons, namely, 40%
thereof are aged between 35 and 64 but it should be noted that the number of persons
in this age group has decreased by 30.1 thousand since 200226. The largest decrease in
the number of persons since 2002 has been in the age group between 0 and 19 where
the number of persons has decreased by 94.9 thousand27.
For several years, the percentage of Latvian citizens has gradually increased
and in 2009 it was 82% versus 18% of foreigners. The existing disaggregation of
permanent residents of Latvia by citizenship can be explained on the basis of the
historical situation. Citizens of Russia, Lithuania, Ukraine, and Belarus are prevalent.
Table 3.2.1
The number of persons usually resident in Latvia, disagregated by citizenship, age and sex, 200828
Age Sex Nationality Total 0-19 20-34 35-64 65+ Females Males Latvian citizens 1857281 439202 450167 685218 282694 1006565 850716
Foreigners* 394320 26209 57483 203367 107261 208119 186201 Russia 29622 1897 2598 12082 13045 15337 14285 Lithuania 3694 369 1043 1743 538 1641 2053 Ukraine 2898 354 640 1484 420 1321 1577 Belarus 1865 264 389 789 423 1016 849 Germany 1009 203 310 408 88 383 626 Estonia 972 129 307 413 123 464 508 Bulgaria 562 11 160 388 3 59 503 Poland 463 54 157 217 35 190 273 USA 440 151 58 183 48 188 252 Israel 318 58 74 159 27 111 207 Overall total 2261294 466562 510636 893242 390854 1218174 1043120
* Including non-citizens of Latvia, third-country nationals, and stateless persons
84% of persons usually resident in Latvia were born in Latvia (see Table
3.2.2). A large number of persons usually resident in Latvia were born in Russia (8%),
Belarus (3%), and Ukraine (2%) as well as in Lithuania (1%). The most part of
persons, who were born in the aforementioned countries (former USSR states29),
currently stay in Latvia in the status of non-citizens of Latvia.
25 Data source: the CSB. 26 Data source: the CSB. 27 Data source: the CSB. 28 Data source: the Eurostat. 29 The USSR – the Union of Soviet Socialist Republics, the super power that existed between 1921 and 1991. In 1940, Latvia was incorporated into the USSR.
18
In general, there are no essential changes in the number of persons usually
resident in Latvia, disaggregated by country of birth.
Table 3.2.2
The number of persons usually resident in Latvia, disagregated by country of birth, age and sex, 200830
Age Sex Country of birth Total 0-19 20-34 35-64 65+ Females Males
Latvia 1909258 457745 483080 704580 263853 1010111 899147 Russia 183407 2428 12239 91924 76816 113682 69725 Belarus 61241 414 2799 34418 23610 38928 22313 Ukraine 44294 664 4207 26803 12620 23252 21042 Lithuania 22661 491 2374 11874 7922 13232 9429 Kazakhstan 7753 66 717 5841 1129 4181 3572 Estonia 3777 245 849 2297 386 2012 1765 Germany 3326 598 621 1972 135 1644 1682 Azerbaijan 2692 60 242 1846 544 1092 1600 Uzbekistan 2573 46 284 1651 592 1368 1205 Moldova 2276 68 365 1605 238 1069 1207 Overall total 2261294 466562 510636 893242 390854 1218174 1043120
3.3. Acquisition of citizenship The procedure for acquisition of Latvian citizenship is laid down in the
Citizenship Law 31 and subordinated Cabinet Regulations. It should be noted that the
issue of acquisition of Latvian citizenship is very sensitive for Latvian society,
accordingly, no amendments to the Citizenship Law have been made since 1998.
The citizenship of Latvia shall be granted through naturalization only to those
persons, who are registered in the Population Register and:
• who by the date of lodging their naturalization application have permanently
resided in Latvia at least five years (for persons, who have arrived in Latvia
since July 1, 1992, the five year period shall be calculated starting from the
day their permanent residence permits were issued);
• who have a good command of Latvian, are familiar with Latvian history,
fundamentals of Latvian Satversme (Constitution), and know the text of
Latvian National Anthem;
• who have legal means of subsistence;
30 Data source: the Eurostat. 31 Citizenship Law. - The Latvian Herald, No 93, 11.08.1994. [entered into force on 25.08.1994.]
19
• who have denounced their former citizenship (nationality) and have received
an expatriation permit from their former citizenship (nationality) country (if
required by the law of the respective country), or a different document
confirming their loss of citizenship (nationality).
Children under the age of 15 with permanent residence in Latvia can be
naturalised along the same procedure as their parents.
It should also be noted that the requirements for acquisition of Latvian
citizenship have not changed significantly since 2002.
Since 2002 it is possible to indicate two stages in development of the number
of persons who acquired Latvian citizenship – up to 2005 there was a sharp increase
in the number of aforementioned persons but the number has sharply decreased since
2007 (see Chart 3.3.1).
In 2005, the number of persons having acquired Latvian citizenship was the
largest and in comparison to 2002 the number of such persons has increased twice.
One of the main reasons for increase in the number of persons having acquired
Latvian citizenship was the accession of Latvia to the European Union in 2004. Public
information campaigns on acquisition of citizenship as well as state fee reductions for
certain categories of persons have also left influence on these issues.
Since 2007, the number of persons having acquired Latvian citizenship has
sharply decreased: in comparison to 2005, in 2008 the number of persons having
acquired Latvian citizenship is almost five times less. On the basis of various studies
and surveys we can draw the conclusion that the process of acquisition of Latvian
citizenship has been influenced by several factors:
1) internal factors – lack of motivation and reduction of patriotism stimulated
by economic and political situation in the country, political debate on the
admissibility of dual citizenship and debate on granting of municipal
election rights to non-citizens;
2) external factors – Schengen has extended visa-free regime to Latvian non-
citizens, Russia has implemented visa-free regime for Latvian non-citizens
as well as social security benefits provided by Russia.
Taking into consideration the fact that the largest part of persons having
acquired Latvian citizenship and potential acquirers of Latvian citizenship are non-
citizens of Latvia, we can explain why these factors have influenced the process of
acquisition of Latvian citizenship.
20
Chart 3.3.1 The number of persons having acquired Latvian citizenship, 2002-200832
18964
4230
8322
20106
17178
99519421
0
5000
10000
15000
20000
25000
2002 2003 2004 2005 2006 2007 2008
In 2008, compared to 2007, the number of persons having acquired Latvian
citizenship has decreased by 4092 persons or almost twice (see Table 3.3.2). The
largest group of persons having acquired Latvian citizenship, as before, are non-
citizens of Latvia, who constitute 95% of all persons having acquired Latvian
citizenship.
54% of persons having acquired Latvian citizenship are women and among
them 91% are under the age of 64 and one third thereof are under the age of 19.
According to the information available from the Naturalization Board, the most active
acquirers of Latvian citizenship are non-citizens of Latvia with secondary education,
aged between 18 and 30.
Table 3.3.2 The number of persons having acquired Latvian citizenship,
disagregated by age and sex, 2007-200833 Age Sex Previous nationality 2007 Total 0-19 20-34 35-64 65+ Females Males
Non-citizens 8106* 4077 1400 1210 1236 133 2219 1858 Russia 132 93 28 33 32 - 52 41 Ukraine 32 24 2 10 11 1 13 11 Belarus 19 13 4 3 4 1 5 8 Lithuania 9 6 - - 5 1 4 2 Stateless - 4 1 1 2 - 2 2
32 Data source: the Eurostat. 33 Data source: the Eurostat.
21
persons Overall total 8322 4230 1439 1260 1395 136 2297 1933
* Pursuant to data provided by Naturalization Board
4. INTERNATIONAL PROTECTION
In 2008, there was an increase in the number of asylum applicants but in
general the number of asylum applicants is relatively small. The persons seeking for
international protection in Latvia arrive from the former USSR and the CIS34 states as
well as from Asia and Africa (Bangladesh, Cameroon, Nigeria, Sri Lanka, etc.).
In 2008, the work on ensuring the progress of the draft Asylum law in Saeima
was continued and the draft Asylum law has been prepared for consideration on the
second reading as well as the elaboration of binding Cabinet Regulations was carried
out.
In 2008, no essential changes were introduced into legislation governing the
procedures for granting of international protection or in administrative process for
institutions, which govern the procedures for accepting and examining applications
and appealing of first instance decisions.
4.1. Applications for international protection
In 2008, 50 first-time applications for international protection were lodged that
is by 15 applications more than in 2007. This is the largest number of applications for
international protection lodged in Latvia since 2002 (see Chart 4.1.1).
In 2008, 55 applications for international protection have been lodged.
It is important to note that the increase in the number of seekers for
international protection can be explained by influence of the following international
factors: accession of Latvia to the Schengen Area and Russian-Georgian armed
conflict in summer of 2008 35.
In 2008, continued the trend that emerged in 2007, namely, arrival of persons
from such “exotic” countries as Bangladesh, Cuba, Cameroon, and Senegal.36
In 2008, no applications for international protection have been withdrawn.
34 CIS - the Commonwealth of Independent States is an international organization created on December 8, 1991, by several former USSR states, similar to the European Union. 35 Russian-Georgian armed conflict in 2008 was formally undeclared war during the period between August 8 and 12, 2008, between the armed forces of Georgia on the one hand and the Russian Federation Army, as well as the Abkhaz and South Ossetian armed formations on the other side of the demarcation line and in the territory of Georgia. 36 Information source: OCMA.
22
Chart 4.1.1 The total number of first-time
applications for international protection, 2002-200837
35
50
105
25
5
20
0
10
20
30
40
50
60
2002 2003 2004 2005 2006 2007 2008
In comparison to 2007, there are essential changes in the nationality of asylum
applicants (see Table 4.1.2). As the result of Russian-Georgian armed conflict the
largest number of asylum applicants has arrived from Georgia. Equally large number
of asylum applicants has arrived from Afghanistan and Russia.
Table 4.1.2 The total number of asylum applicants
by nationality, 2007-200838
Nationality
The total number of applicants
2008 Georgia 15 Afghanistan 10 Russia 5 Syria 5 Total: 50
2007 Armenia 5 Azerbaijan 5 Bangladesh 5 Total: 35
By analyzing asylum seekers according to disaggregation by age and sex we
can draw a general conclusion that in most cases asylum seekers are men in working 37 Data source: Eurostat (data rounded by the nearest 5). 38 Data source: Eurostat (data rounded by the nearest 5).
23
age (see Table 4.1.3). This trend was characteristic for both 2008 and previous
reference years.
Table 4.1.3 The total number of first-time
asylum applicants by age and sex, 200839
Age groups Males Females TotalOverall total 35 15 50 0-14 5 5 10 14-17 5 0 5 18-34 20 5 20 35-64 10 5 15
4.2. Decisions on international protection
In 2008, there were 10 first instance decisions and 15 final decisions (see
Table 4.2.1). In comparison to 2007, the number of first instance decisions is 3.5
times lower and the number of final decisions is 1.6 times higher.
10 applications for international protection have been rejected by first instance
decisions and 15 applications have been rejected by final decisions. In 2007, there was
also a very large number of both first instance and final rejection decisions. The main
reason to reject applications is noncompliance with legislative criteria for granting an
international protection status. It is worth noting that each application is assessed
individually and because of small total number of asylum applications it is impossible
to indicate trends in relation to reasons behind rejection. In cases when an asylum
applicant has appealed the first instance decision first instance decisions have been
changed only occasionally.
In 2008, there were 5 positive first instance decisions in relation to granting
refugee status and the number of positive decisions has not changed since 2007. There
have been no positive decisions in relation to withdrawal of refugee status.
All decisions issued in 2008 are related to men. The applications of 5 nationals
of Bangladesh and 5 nationals of Armenia have been rejected by final decisions.
The trend to grant a protection status to nationals of Belarus characteristic for
2007 and previous reference years in 2008 has not been observed.
In 2008, there were no decisions in relation to granting an alternative
protection status, temporary protection or humanitarian protection status or
39 Data source: the Eurostat (data rounded by the nearest 5).
24
authorization to stay in Latvia within the framework of a national or Community
resettlement scheme.
Table 4.2.1 The total number of decisions and the age of
asylum applicants, 200840
First instance decision Final decision
Age Age
Overall total 18-34 35-64
Overall total 18-34 35-64
Overall total 10 10 5 15 10 5 Application has been rejected 10 5 5 15 10 5
Refugee status has been granted 5 0 0 - - -
4.3. Unaccompanied minors41
In 2008, 5 unaccompanied minors arrived in Latvia from Afghanistan.42
Before 2008 unaccompanied minors have arrived in Latvia in 2005.43
The aforementioned unaccompanied minors were aged between 14 and 17;
among them were three men and one woman.44
The reason for arrival of the aforementioned unaccompanied minors was
related to intent of emigration to another Member State of the European Union.
The aforementioned unaccompanied minors have left the territory of Latvia
before first instance decisions whether to grant or reject a protection status, therefore
decision to close proceedings has been made. Additionally, through a medical
examination, it was found that two of the unaccompanied minors were adults.
40 Data source: the Eurostat (data rounded by the nearest 5). 41 Pursuant to the Directive of the European Council 2001/55 of July 20, 2001, unaccompanied minors are third-country nationals or stateless persons below the age of 18, who arrive in the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively taken into the care of such a person; it includes minors, who are left unaccompanied after they have entered the territory of the member state. For further information on unaccompanied minors please see the study of 2009 of the Latvian Contact Point „Policies on Reception, Return and Integration Arrangements for, and numbers of Unaccompanied Minors in Latvia” (available: http://www.emn.lv/lv/pdf/2008/Study_Unaccompanied_minors_ LV.pdf ). 42 Data source: the Eurostat (data rounded by the nearest 5). 43 Pursuant to information available from the OCMA, in 2005, 3 unaccompanied minors arrived in Latvia from Somalia. 44 Data source: the OCMA.
25
As far as the number of unaccompanied minors in Latvia is small in
comparison to other Member States of the European Union, it is impossible to make
conclusions about trends in certain flows of unaccompanied minors via or to Latvia.
4.4. The Dublin Regulation 45
In 2008, Latvia has received from other Member States 170 requests, which
are to be considered in the context of the Dublin Regulation, among them 52 requests
for taking back an asylum seeker or taking charge of an asylum seeker in Latvia and
118 requests for information (see Table 4.4.1).
The largest number of requests in 2008 was received from Sweden – 117
requests.
On the basis of received requests from Member States Latvia has accepted 26
requests but 8 requests have been rejected.
In 2008, Latvia has taken back from other Member States 9 asylum seekers.
Table 4.4.1 The total number of received requests
and the number of requests for information, 200846 Requests for information The total number of received
requests The requesting State
Overall total
Positive decisions
Negative decisions Transfers
Requests being
processed on 31.12.2008 Overall
total Answered requests
Sweden 25 9 3 2 13 92 44 Lithuania 7 7 - 5 - - - Norway 6 1 - - 5 3 3 Germany 4 3 1 1 - - - The Czech Republic
3 3 - - - 18 18
Slovakia 3 - 3 - - - - Denmark 1 1 - - - - - Estonia 1 - - 1 - - - Italy 1 - 1 - - - - Austria 1 1 - - - 3 2 Finland - - - - - 2 2 Overall total 52 26 8 9 18 118 69
45 Council Regulation (EC) No 343/2003 of February 18, 2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national. - Official Journal, L 50, 25.02.2003, pp. 1.-10. 46 Data source: the Eurostat.
26
In 2008, 46 requests have been received from Member States to accept
responsibility for asylum application examination in Latvia (see Table 4.4.2). 90% of
all requests received from Member States were supported by documentary evidence,
namely, the asylum seeker possessed a valid residence permit or visa issued by Latvia
or the asylum seeker had for the first time entered the European Community via
Latvia.47
The largest number of requests has been received from Sweden – 25,
Lithuania – 6, Norway – 5. From 46 requests received Latvia has accepted
responsibility for 22 requests on asylum application examination in Latvia, but 6
requests were rejected. 6 asylum seekers for whose asylum application examination
Latvia has taken responsibility were transferred to Latvia from neighbouring countries
– Sweden, Lithuania, and Estonia because it is more easy for asylum seekers to return
to Latvia from the aforementioned countries.
Table 4.4.2 The number of received requests for taking charge
of an asylum seeker in Latvia, 200848 The total number of received
requests The requesting state
Overall total Positive
decisions Negative decisions Transfers
Sweden 25 9 3 1 Lithuania 6 6 - 4 Norway 5 1 - - The Czech Republic
3 3 - -
Germany 2 - 1 - Slovakia 2 - 2 - Denmark 1 1 - - Estonia 1 1 - 1 Austria 1 1 - - Overall total 46 22 6 6
In 2008, Latvia has received 6 requests for taking back an asylum seeker (see
Table 4.4.3). 4 requests from Member States were supported by match of asylum
seeker’s fingerprints with fingerprints previously recorded in Latvia and transferred to
Eurodac49 and this fact is an absolute proof that the person concerned has previously
been seeking asylum in Latvia.
47 Articles 9–12 of Regulation No 343/2003. 48 Data source: the Eurostat. 49 Eurodac – unified European fingerprint database.
27
From 6 requests from Member States for taking back Latvia has accepted 4
requests and rejected 2 requests. 3 asylum seekers, for whose taking back Latvia has
taken responsibility, were transferred to Latvia.
Table 4.4.3 The number of received requests for taking back, 200850
The total number of received requests The requesting
state Overall
total Positive decisions
Negative decisions
Transfers
Germany 2 3 - 1 Italy 1 - 1 - Lithuania 1 1 - 1 Slovakia 1 - 1 - Norway 1 - - - Sweden - - - 1 Overall total 6 4 2 3
In 2008, Latvia, in turn, has submitted to other Member States (Lithuania) 1
request for taking back an asylum seeker. The request was accepted. The person was
transferred to Lithuania.
In 2008, Latvia has also submitted 8 requests for information to other Member
States.
5. PREVENTION OF ILLEGAL ENTRY AND STAY
In 2008, illegal entry and stay in Latvia was influenced by accession of Latvia
to the Schengen Area – abolition of control at internal borders of the country and air
borders.
In 2008, the issue of illegal transit migration from Russia through Latvia with
purpose to reach other Member States of the European Union has become
increasingly acute. The number of apprehended trespassers in both countries has
sharply increased, moreover, new previously uncharacteristic trends in trespass have
emerged, namely, the use of forged travel documents, forged visas or forged residence
permits of Member States of the European Union.
The main routes of movement of illegal immigrants have been identified,
namely, from China, Syria, Sri Lanka, Togo, Iraq, Nigeria, Turkey, Columbia, and
Pakistan mostly via such Russian cities as Moscow and St. Petersburg and further via
50 Data source: the Eurostat.
28
Latvia to destination countries – Ireland, the United Kingdom, Spain, the Netherlands,
Germany, Sweden, Finland, and Norway.51
With the aim to establish a flexible legal framework for transposition of
Schengen acquis requirements that will enable fast and effective application or, if
necessary, transposition of necessary Schengen acquis requirements, the draft law
„State Border Law of the Republic of Latvia” elaborated by the State Border Guard
was submitted to the Cabinet of Ministers for consideration.
Cabinet Regulations No 502 „On Keeping and Use of Illegal Immigration
Register”52 were adopted on July 7, 2008, prescribing the amount and procedures for
use of the information included in the Illegal immigration register. The Register shall
contain data on foreigners detained or expelled according to procedures prescribed in
the Immigration Law to ensure effective identification of persons and prevent illegal
immigration.
During the reference period significant structural changes were introduced in
the State Border Guard in order to improve protection of the state border as well as the
administrative capacity: due to the accession of Latvia to the Schengen Area, since
January 1, 2008, separate border protection and immigration units of the territorial
boards of the State Boarder Guard at the external borders of the European Union were
reorganized; Immigration Divisions of the Central Board of the State Border Guard
have been reorganized into services; Border Protection Divisions of the territorial
divisions of the State Border Guard have been closed on the internal borders of the
European Union, within the areas of their responsibility immigration units have been
reorganized and established; as separate structural unit contact points have been
created on the border with Estonia and Lithuania.53
5.1. Refusals
In 2008, the officials of the State Border Guard have refused entry into Latvia
to 875 persons (see Chart 5.1.1) who were not able to present valid documents at the
border crossing points. Despite the fact that in 2008 the total number of persons
refused entry was one of the lowest since 2002, the data for reference years since
2002 are mutually incomparable because until 2008 refusals at internal borders of the
European Union were included into the total number of refusals but the data for 2008
include refusals only at the external borders of the European Union.
51 Information provided by the SBG. 52 The Latvian Herald, No 106, 11.07.2008. 53 Information provided by the SBG.
29
Chart 5.1.1 The total number of refusals, 2002-200854
2856
1084
2024
783
1017
1610
875
0
500
1000
1500
2000
2500
3000
2002 2003 2004 2005 2006 2007 2008
The most common grounds for refusal in 2008:
• no valid visa or residence permit has been presented – 790 (most often
this has been a reason to refuse entry to nationals of Russia - 355,
Belarus - 130, Ukraine - 80, Turkey – 45, and India – 30);
• an alert regarding the refusal of entry for a foreigner has been issued –
25 (most often nationals of Russia and Moldova);
• forged visas or residence permits have been presented – 20 (most often
nationals of China, Colombia, and Togo);
• no valid travel document has been presented55 – 15;
• forged travel document has been presented – 10;
• no documents certifying the reason and conditions for stay have been
presented – 10.56
54 Data source for 2002-2007 – the SBG; data source for 2008 – the Eurostat (data rounded by the nearest 5). 55 Under subsection (2) section first Chapter 1 of the Immigration Law, a travel document shall be valid, if it is recognised in the Republic of Latvia, conforms to a specified sample, and contains all personal data and photographs of the foreigners, who use this document as a travel document. In order to request a residence permit it is necessary for each foreigner to have his or her own travel document, the term of validity of which exceeds the period of time of the planned stay in the Republic of Latvia, which does not contain any unstipulated corrections by the issuer of the document, mechanical corrections, or smears due to which it is not possible to identify the holder of the document, to read the information indicated in the document, or to detect document forgeries, and contains space for visas. This condition shall not be in effect if international agreements, which are binding on the Republic of Latvia, specify that such visas are unnecessary. 56 Data source: the Eurostat (data rounded by the nearest 5).
30
It is worth noting that before accession of Latvia to the Schengen Area no
separate accounting of grounds for refusal has been performed. The main grounds for
refusal have not changed – no valid visa or residence permit.
During the reference period entry into Latvia was mostly refused to nationals
of Russia - 43%, Belarus – 15%, and Ukraine – 10% (see Table 5.1.2). There have
been no changes in relation to three main countries, whose nationals most often are
refused entry into Latvia since 2005. The fact can be explained by common borders
with Russia and Belarus. Ukraine, in turn, has common border with Russia and
Belarus. Thereby it is understandable why mainly nationals of the aforementioned
countries were refused entry at land borders.
Statistics on age and sex of foreigners refused entry into Latvia for 2008 are
not available.
72% of entry refusals took place at land borders but 25% – at air borders (see
Table 5.1.2). It should be noted that nationals of Turkey and stateless persons entry
refusals took place at air borders but nationals of India entry refusals - mainly at sea
borders.
Table 5.1.2 Number of foreigners refused entry
in Latvia, by nationality and type of border to be crossed, 200857
Nationality Land border
Air border
Sea border
Overall total
Total 630 220 30 875 Russia 330 45 - 375 Belarus 125 5 - 130 Ukraine 65 15 - 85 Turkey - 45 - 50 India - 10 20 30 Moldova 15 10 - 25 Stateless persons
- 25 - 25
Kyrgyzstan 20 - - 20 Azerbaijan 10 5 - 15 Israel 5 5 - 15 Other 40 30 5 90
- Data are not available or when rounded to the nearest five data are equal to zero.
57 Data source: the Eurostat (data rounded by the nearest 5).
31
5.2. Foreigners apprehended in the territory of Latvia
In 2008, according to procedures prescribed in Article 51 of the Immigration
Law, e.g., in connection with illegal border crossing or expiration of validity of entry
and stay permits 310 foreigners were apprehended in the territory of Latvia (see
Chart 5.2.1). In comparison to 2007, the number of foreigners apprehended in the
territory of Latvia has increased by 25%.
65% of foreigners apprehended in 2008 were apprehended in connection with
expiration of validity of entry and stay permits but 35% thereof were apprehended
in connection with illegal border crossing.58 It should be noted that the percentage of
foreigners apprehended in connection with expiration of validity of entry and stay
permits and foreigners apprehended in connection with illegal border crossing has
not changed since 2006, namely, 60-70% versus 30-40%.
An essential change in relation to nationality of persons who have illegally
crossed the border must be noted, namely, in 2007 92% of persons apprehended in
connection with illegal border crossing were the nationals of CIS states (Moldova,
Ukraine, Russia, and Belarus) but in 2008 only 17% of them were nationals of CIS
states.59
Chart 5.2.1 The total number of foreigners
apprehended in the territory of Latvia, 2002-200860
377
609
399
307
247 248
310
0
100
200
300
400
500
600
700
2002 2003 2004 2005 2006 2007 2008
58 Data source: the SBG. 59 Data source: the SBG. 60 Data source for 2002-2007 – the SBG; data source for 2008 – the Eurostat (data rounded by the nearest 5).
32
In comparison to 2007, there have been no changes in relation to three main
countries whose nationals most often are apprehended, namely Russia, Ukraine, and
Moldova (see Table 5.2.2) though the number of apprehended nationals of Moldova is
two times less than in 2007.
25 foreigners of unknown nationality have been apprehended during the
reference period.
The trend, which has emerged in 2007, has continued in 2008, namely, part of
foreigners apprehended in the territory of Latvia are nationals of “exotic” countries
such as Egypt, Ghana, Morocco, Tunisia, Uganda, Cuba, Peru, etc.61
Statistics show that foreigners apprehended in the territory of Latvia are
adults62 and 84% of all foreigners apprehended in the territory of Latvia are men (see
Table 5.2.2).
Table 5.2.2 The total number of foreigners apprehended
in the territory of Latvia by nationality, age and sex, 2007- 200863 Age
Total 18-34 above 35 Nationality Overall
total 2007
Overall total
2008 Males Females Males Females Males Females Overall total 248 310 260 50 130 20 130 30
Russia 66 70 50 15 20 5 30 15 Ukraine 45 35 30 5 10 5 20 - Moldova 67 30 30 - 20 - 10 - Unknown - 25 20 5 5 - 15 - Uzbekistan - 25 25 5 15 - 5 - Bangladesh 8 15 15 - 10 - 5 - Georgia 15 15 5 10 5 5 5 5 Armenia - 10 10 - 5 - 5 - Belarus - 10 5 - - - 5 - Syria - 10 5 - 5 - - - Other 31 75 70 10 40 - 30 5 - Data are not available or when rounded to the nearest five data are equal to zero
6. RESIDENCE PERMITS AND RESIDENCE OF THIRD COUNTRY NATIONALS
61 Data source: the SBG. 62 In Latvia the term "adult" means a person, who has attained 18 years of age. 63 Data source for 2007 – the SBG; data source for 2008 – the Eurostat (data rounded by the nearest 5).
33
In 2008, the number of issued permanent residence permits and temporary
residence permits has increased. The increase in the number of issued temporary
residence permits can be explained by the fast economic growth in the first half of
2008, accession of Latvia to the European Union, Latvian labour market tension that
provided opportunities for employers to employ foreigners.
In the second half of 2008, together with deterioration of economic situation,
the aforementioned trend changed and demand for foreign labour shrank. As a
consequence, the number of residence permits issued in 2008 was less than
anticipated by 1%64 because at the end of the year the number of invited foreigners
whose reason for entry is employment decreased.
In 2008, the total number of issued first-time residence permits was 7706 (see
Table 6.1). Taking into consideration the fact that methods of compilation of statistics
for 2008 substantially differ from methods applied to compilation of statistics for
previous reference years (for previous reference years statistics were provided only on
first-time residence permits), it is impossible to compare the number of first-time
residence permits and observe trends in number development until 2008.
Most part or 40% of all first-time residence permits were issued on the basis of
other reasons, 32% - in connection with family reunification, 24% - in connection
with employment and a negligible number - 4% were issued in connection with
education.
First-time residence permits issued on the basis of other reasons most often are
issued in the following cases:
* a private visit (stay on the basis of kinship with Latvian citizens, non-citizens
of Latvia or persons granted permanent residence permit for a period not exceeding
six months in a calendar year);
* to former Latvian citizens or non-citizens of Latvia, who have acquired
citizenship of another state, permanent residence permits shall be granted;
* Minister of Interior shall grant a residence permit if the permit is conducive
to interests of state or is connected with humanitarian reasons;
* to repatriates, foreigners with a dependent child – Latvian citizens or non-
citizens of Latvia, former Latvian citizens, religious actors, etc.
64 Pursuant to information provided by the OCMA.
34
It is worth noting that all reasons for residence permit issue are laid down in
the Immigration Law as well as reasons for residence permit issue have been
described in previous reports on migration and asylum field in Latvia.
First-time residence permits have been granted mostly to citizens of Russia
(38%), Ukraine (14%), and non-citizens of Latvia 65 (20%). The main reasons for stay
of citizens of Russia and non-citizens of Latvia are connected with family
reunification or some other purpose. For citizens of Ukraine, in turn, the main reason
for stay is connected with employment (in such industries as shipbuilding, etc.). One
fifth of all first-time residence permits granted on the basis of education were issued
to citizens of Georgia because of close cooperation of accredited education
institutions of Latvia with education institutions of Georgia under pupil and student
exchange programs.
Table 6.1
First-time residence permits, disagregated by citizenship and reason for stay, 200866
Nationality Total Family
reunification Education Employment Other
Russia 2919 765 25 186 1943 Non-citizens of Latvia 1519 762 - 1 756
Ukraine 1067 320 7 643 97 Belarus 434 214 26 119 75 Moldova 386 42 1 335 8 Uzbekistan 170 14 28 125 3 Georgia 133 24 78 30 1 Turkey 82 35 29 13 5 Azerbaijan 63 23 6 31 3 Armenia 62 18 3 38 3 Other states 871 247 143 302 179 Overall total 7706 2464 346 1823 3073
Changes in immigration status or reason for stay can be classified as follows:
family reunification ◄► employment and family reunification ◄► other purposes
(see Table 6.2). The most typical cases are as follows: a foreigner has arrived in
Latvia for employment and during the stay has started family therefore the reason
for stay has been changed. In general, changes in relation to immigration status or
65 It is worth noting that in the context of the European Union non-citizens of Latvia are deemed to be third-country nationals with the rights of persons granted a permanent residence permits. They are not granted residence permits instead their status is certified by passports of non-citizen of Latvia. 66 Data source: the Eurostat.
35
reason for stay are not to be considered as common phenomenon in migration context
in Latvia.
Taking into consideration the fact that no statistics on changes in relation to
immigration status or reason for stay have been analyzed and provided for the
previous reference years, it is impossible to draw conclusions regarding trends and
changes thereof based on comparison of statistics.
Table 6.2 Changes in immigration
status or reason for stay, 200867 To
From Family
reunification Education Employment Other
Family reunification 6 26 71
Education 16 5 14 Employment 50 1 22 Other 35 5 9
At the end of 2008, 397 628 valid residence permits have been issued in Latvia
from which the absolute majority or 99% thereof with term of validity over 12 months
(mostly permanent residence permits) and 96% thereof were issued in connection with
other reasons (see Table 6.3). 90% of all foreigners, who stayed in Latvia at the end of
2008, were non-citizens of Latvia and 8% thereof were citizens of Russia. We can
draw the conclusion that residence permits have been issued mostly to citizens of
former USSR states
Taking into consideration the fact that no statistics on the number of valid
residence permits have been analyzed and provided for the previous reference years, it
is impossible to draw conclusions regarding trends and changes thereof based on
comparison of statistics.
67 Data source: the Eurostat.
36
Table 6.3 All valid residence permits, disaggregated by nationality,
reason for stay, and validity term (in months), 200868
Overall total Family reunification Education Employment Other Nationality
Total 3-5 6-11 12 + 3-5 6-11 12 + 3-5 6-11 12 + 3-5 6-11 12+ 3-5 6-11 12 +
Non-citizens of Latvia 358009 - 10 357999 - 5 85 - 2 1 - 2 3 - 1 357910
Russia 30118 69 643 29406 28 459 6256 5 50 8 3 106 333 33 28 22809 Ukraine 3410 42 549 2819 2 184 1666 3 8 3 26 351 292 11 6 858 Belarus 2063 23 220 1820 3 127 1084 11 18 2 2 71 68 7 4 666 USA 559 6 138 415 2 27 206 - 3 7 2 24 61 2 84 141 Moldova 407 19 106 282 - 24 123 - 1 - 19 76 103 - 5 56 Israel 366 5 51 310 2 35 210 - 8 1 - 8 51 3 - 48 Armenia 287 3 33 251 2 10 199 - 1 2 1 18 29 - 4 21 Uzbekistan 212 8 77 127 - 6 49 5 24 2 3 46 50 - 1 26 Azerbaijan 206 3 43 160 1 13 136 - 6 - 1 23 6 1 1 18 Overall total 397628 236 2285 395107 41 975 10739 74 300 125 60 849 1333 61 161 382910
68 Data source: Eurostat.
111 foreigners were granted the status of a long-term resident of the European
Community69 in the reference year (see Table 6.4). A foreigner is eligible to request
the aforementioned status if he or she has continuously and legally stayed in the
territory of Latvia with a temporary residence permit as well as a non-citizen of
Latvia. In order to acquire the status, the applicant must produce proof that he or she
has sufficient means of subsistence and regular income and has mastered the official
language.
40% of persons granted the status are citizens of Russia, 20% - non-citizens of
Latvia, 11% - citizens of Ukraine. It is worth noting that not only citizens of former
USSR states but also citizens of other states seek to acquire the status: in 2008,
citizens of Lebanon, USA, Canada, Israel, and Angola have lodged the respective
application.
It must be concluded that the aforementioned status is not popular among
population of Latvia and the number of foreigners applying for the status of a long-
term resident of the European Community in Latvia is much smaller than number of
those, who apply for national permanent residence permit. One of the reasons why
national permanent residence permits are applied for more often is the fact that
conditions for acquiring the former are more easy to comply with, for example, a
more prolonged absence from the state is tolerated as well as the person does not have
to produce proof that he or she has had a regular income within the last year (he or she
must only produce proof that he or she has sufficient means of subsistence when
applying for permit).
Taking into consideration the fact that no statistics on the number of persons
granted the status of a long-term resident of the European Community have been
analyzed and provided for the previous reference years, it is impossible to draw
conclusions regarding trends and changes thereof based on comparison of statistics.
69 Pursuant to the Law on the Status of a Long-term Resident of the European Community in the Republic of Latvia. - The Latvian Herald, No 107, 22.06.2006.
38
Table 6.4 The number of persons granted
the status of a long-term resident of the European Community, disagregated by citizenship, 200870
Nationality Number Russia 44 Non-citizens of Latvia 22
Ukraine 12 Belarus 9 Lebanon 4 Armenia 3 USA 3 Canada 2 Israel 2 Angola 1 Overall total 111
7. VOLUNTARY RETURN AND FORCED RETURN
Pursuant to subchapter first Section 41 of the Immigration Law, if a foreigner,
while staying in the Republic of Latvia, has breached procedures for the entry and
stay of foreigners in the Republic of Latvia laid down in regulatory enactments, the
competent authority shall issue a return decision. A return decision enables the
foreigner to leave the territory of Latvia within seven days after receipt of the
decision. When issuing a return decision, a re-entry ban for up to three years shall be
determined. In case of forced return decision the duration of re-entry ban may be for
three to five years. Forced return of foreigners shall be carried out by the State Border
Guard.
In 2008, no essential changes were introduced into legislation that could
influence the processes and procedures in relation to forced return of foreigners.
In 2008, 265 foreigners were illegally residing in Latvia to whom
administrative or judicial decision about the return is issued (see Chart 7.1). In 6971
cases the aforementioned foreigners were the subjects of voluntary return decision. In
comparison to 2007, the number of issued return decisions has decreased by 15% as
the foreigners are aware about the negative consequences of the aforementioned
violations and seek to comply with the duration of stay stipulated in visas or residence
permits.
70 Data source: the Eurostat. 71 Data source: the OCMA.
39In 2008, 270 foreigners have in fact left the territory of Latvia under
administrative or judicial decisions (see Chart 7.1).
Statistics demonstrate that foreigners, who were the subjects of administrative
or judicial decisions or removal orders as well as foreigners who have in fact left the
territory of Latvia, are nationals of former USSR states (Russia, Ukraine, Moldova,
Uzbekistan, Georgia, etc.).
Chart 7.1
The total number of foreigners, who are the subjects of administrative or judicial decisions and who have in
fact left the territory of Latvia, by nationality, 200872
0
10
20
30
40
50
60
70
80
Russia
Ukraine
Moldov
a
Uzbek
istan
Armen
ia
Georgi
a
Bangla
desh
Other
The number of foreigners,who are subjects ofremoval ordersThe number of foreigners,who have in fact left theterritory of Latvia
Since pursuant to specifications only data on cases of forced return were
included and analyzed in reports on statistics for previous reference years, data on
foreigners who are subjects of an administrative or judicial decision imposing an
obligation to leave the territory as well as data on foreigners who have in fact left the
territory of Latvia included in the report for the year 2008 are not comparable to the
data included in reports for previous reference years.
From all the foreigners, who have in fact left the territory of Latvia, 209
persons were returned forcibly (see Chart 7.2). There have been no changes in relation
to the largest groups of forcibly returned citizens since 2006: citizens of Russia - 33%,
citizens of Ukraine – 17%, and citizens of Moldova – 11%.73
72 Data source: the Eurostat (data rounded by the nearest 5). 73 Data source: the SBG.
40
Chart 7.2 Foreigners subjected to forced return, 2002-200874
366
209
157139190
244254
0
50
100
150
200
250
300
350
400
2002 2003 2004 2005 2006 2007 2008
7.1. Conclusions on nationality of illegal immigrants
The main donor countries of illegal immigrants have not changed since 2004:
Russia, Belarus, Ukraine, and Moldova. The citizens of aforementioned states choose
Latvia as destination for their illegal entry because they have no language barrier in
Latvia and there exists a rather large diaspora the representatives of which have
established enterprises in Latvia and indirectly support employment of their
countrymen. Also historical aspects of Latvia and relatively similar climatic
conditions, as well as common land border with Latvia are important factors.
74 Data source: the SBG.
41
Chart 7.1 The largest groups of illegal immigrants, 2008
Russia34%
Ukraine13%
Moldova5%
Belarus9%
Other 39%
