Translated using ChatGPT service.
On December 10, the Cabinet of Ministers approved amendments to the January 28, 2014, regulations No. 55 "Regulations on the Employment of Foreigners" to reduce the risk of misuse in the labor immigration system.
Currently, there is an increasing number of cases where employers initially plan to send third-country workers to provide services in another European Union country without any intention of employing them in Latvia or considering the possibility of hiring local labor. As a result, the number of visa and residence permit applicants intending to misuse Latvia's immigration system for sending third-country workers to other EU countries has increased. At the same time, this practice misleads local job seekers about the availability of these vacancies, prolonging their job search process.
The amendments to the Cabinet regulations more precisely define the cooperation mechanism between employers and the State Employment Agency (NVA). Employers submitting vacancies to the NVA must justify the number of vacancies, evaluate candidates proposed by the agency, and provide a justification for rejecting candidates.
At the same time, the amendments specify the cases in which the NVA decides to allow or deny the recruitment of a foreign worker, as well as the rights of the employer following the receipt of an opinion. Within one month of receiving the NVA’s opinion, the employer may submit an invitation to the Office of Citizenship and Migration Affairs (PMLP) for a visa application or a call for a residence permit application.
The regulations also define cases in which the NVA issues a negative opinion on the recruitment of a foreign worker, while granting the employer the right to reapply to the PMLP. However, the employer cannot submit a vacancy to the NVA for 12 months from the date of receiving a positive opinion from the NVA allowing the recruitment of a foreign worker.
The regulations stipulate that the NVA must provide its opinion on allowing or denying the recruitment of a foreign worker within 10 working days from the time the vacancy is published. The NVA opinion takes effect upon its issuance. Decisions made by the NVA can be contested by submitting an application to the NVA Director, and decisions made by the NVA Director can be appealed in court.