Background information

The legislation of the Republic of Latvia distinguishes between two categories of foreigners:

• Union citizens – this means citizens of both the Member States of the European Union and the countries of the European Economic Area and citizens of the Swiss Confederation, who have an equal status in Latvia with citizens of the Republic of Latvia.
• Third-country citizens, whose entry and employment in Latvia are subject to additional conditions.

There are almost no restrictions for Union citizens to enter, stay and work in Latvia. The following changes apply to third-country citizens. In order to, on the one hand, reduce the negative impact of labour shortages on economic growth and, at the same time, ensure and not restrict employment opportunities for local job seekers in Latvia, as well as to reduce the misuse of the immigration system, the Ministry of Economics suggested to establish an obligation for employers planning to hire third-country nationals to cooperate with the State Employment Agency, as well as to define the cases in which the agency provides an opinion permitting the recruitment of a foreign worker. The relevant amendments to Cabinet of Ministers Regulation No. 55 'Regulations on the Employment of Foreigners' were adopted at the Cabinet meeting on 10 December 2024 and will enter into force on 1 January 2025.

Content of measure

Until these amendments, the existing procedure stipulated that an employer intending to hire a foreign national had to register the vacancy at a branch of the State Employment Agency. If the vacancy remained open for at least 10 working days after being registered, the employer could then apply to the Office of Citizenship and Migration Affairs (OCMA) to approve an invitation for a visa or a call for a residence permit for the foreign worker. According to the annotation accompanying the amendments, the Ministry of Economics considers that under the current framework, employers are not obliged to engage meaningfully with the agency in the process of selecting suitable candidates. Increasingly, cases are being identified where employers intend from the outset to send third-country nationals to provide services in another EU Member State, without any real intention to employ the person in Latvia or to consider hiring local labour. The amendments provide that the State Employment Agency will issue an opinion on whether the employment of a foreign national should be authorised. To receive a positive opinion from the State Employment Agency regarding the employment of a third-country national, the employer must have registered the vacancy in the agency’s information system, provided justification for the number of positions, and ensured the vacancy is publicly posted. The employer must also demonstrate active cooperation with the agency in the selection process by engaging in the identification of suitable candidates. Furthermore, the employer is required to evaluate the candidates proposed by the agency and provide a clear justification for any rejections. To support employers and reduce administrative burden, the amendments also introduce a simplified procedure. Within one month from the date the State Employment Agency issues a positive opinion, the employer may submit an invitation for a visa or a call for a residence permit to the Office of Citizenship and Migration Affairs. Additionally, if the employment relationship with the previously hired foreign worker is terminated, the employer may—within 12 months from the date of the agency’s positive opinion—submit a new invitation or call for another third-country national without the need to re-register the vacancy with the agency.

Use of measure

No information

Target groups

Workers	Businesses	Citizens
Migrants or refugees in employment	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Employers' organisations	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Any other form of consultation, institutionalised (as stable working groups or committees) or informal	Any other form of consultation, institutionalised (as stable working groups or committees) or informal

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: Peak or cross-sectoral level

Involvement

Employers organisations participated in the meeting of representatives of the Ministry of Economics with representatives of non-governmental organizations on issues of attracting foreign labour. Employer organisations and Trade unions actively submitted proposals during the legislative act drafting phase.

Views and reactions

No specific views to report

Sources

• 06 February 2024: Atvieglos viesstrādnieku piesaisti, bet stingrāk sodīs par imigrācijas pārkāpumie (lvportals.lv)
• 01 January 2025: Ministru kabineta noteikumi Nr.55 Noteikumi par ārzemnieku nodarbināšan (likumi.lv)