PROCEDURE OF APPROVAL OF A LETTER OF INVITATION

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

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

Approval of a letter of invitation

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

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

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

When executing a letter of invitation, the individual shall:

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

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

  • present a personal identification document and a duly executed Power of Attorney;
  • file the application:
  • if the profession of the foreigner is regulated, a copy of the qualification recognition certificate or equivalent document shall be filed, which attest the compliance of the professional qualification with the requirements specified in the Republic of Latvia. If the profession of the foreigner is not regulated, a copy of a validated education document or a copy of a document proving experience of three years in the profession in which the employer plans to employ the foreigner shall be filed by appending its translation in the official language certified in accordance with the specified procedures. The documents referred to in this Sub-paragraph shall not be submitted upon approving a letter of invitation for a Board Member, a Council Member, a proctor, an administrator, a liquidator or a member of a partnership registered in the Commercial Register who has the right to represent the partnership, or a person who is authorised to represent a merchant (a foreign merchant) in activities related to the branch;
  • if the work of a foreigner in the Republic of Latvia is intended in accordance with an employment agreement or a work performance agreement, file a copy of the employment agreement or a draft thereof or a copy of the work performance agreement or a draft thereof. (The above documents shall also be filed where a letter of invitation is being executed for the repeated request of a residence permit or registration of a residence permit;
  • if it is intended to employ an individual on the basis of a work performance agreement, file a document certifying that this individual has been registered as a taxpayer and does not have any debts related to taxes set forth by legal acts;
  • file a copy of a permit (licence), if the employer intends to employ a foreigner in such work, the performance of which requires a permit (licence);
  • file the payment document confirming payment of the state fee.

If it is intended to employ a foreigner at several merchants or in several positions or professions at one merchant, the resolution regarding granting the right of employment is required for each type of work.

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

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

  • present a personal identification document and a duly executed Power of Attorney;
  • file an application;
  • file the payment document confirming payment of the state fee.

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

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

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

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

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

  1. the inviter has failed to file the documents required for the approval of the letter of invitation specified in the Regulation of the Cabinet of Ministers or refuses to provide the requested explanations related to the approval of the letter of invitation and the entry and residence of the invited foreigner in the Republic of Latvia;
  2. the invited foreigner has been included in the list of foreigners that are prohibited from entering the Republic of Latvia;
  3. it has been established that the inviter has provided false information;
  4. competent governmental institutions have provided information that serves as a reason for refusing entry to the foreigner;
  5. it has been established that the invited foreigner does not hold a travel document recognised by the Republic of Latvia;
  6. there is reason to believe that the foreigner creates the risk of illegal immigration;
  7. it has been established that a prohibition has been set forth for the invited foreigner to enter the Schengen Area;
  8. the inviter has withdrawn the letter of invitation in writing;
  9. the inviter has lost the right to reside in the Republic of Latvia;
  10. the inviter has lost the right to invite a foreigner as set forth in this law;
  11. it has been established that the foreigner, when residing in the Republic of Latvia, has committed an administrative violation and has failed to pay the imposed fine within the term set forth in legal acts, except for the event when operation of the administrative act has been suspended or the court adjudication regarding payment of the fine has not entered into force;
  12. the equity capital of the commercial company of the inviter has not been paid in accordance with the Commercial Law;
  13. the reason for inviting the foreigner is employment in accordance with an employment agreement and the relevant free vacancy, which after registration is free for at least a month, has not been registered at the State Employment Agency;
  14. there is reason to believe that the real purpose for requesting the residence permit by the foreigner does not correspond to the purpose specified in the documents.

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

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

Contesting and appealing the decision does not suspend its operation.

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