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Regulations of The Cabinet of Ministers No. 32

(Record No. 8 para. 11)

Riga, February 2, 1999

The Procedure for the Acceptance and Review of the

Application on the Recognition of a Child to Be a Citizen of Latvia

Issued in accordance with Part 4, Article 31

of the Law on Citizenship

I. General Matters

1. These regulations shall prescribe the procedure by which the application on the recognition of a child to be a citizen of Latvia (hereinafter in the text - the application) shall be accepted and reviewed.

2. The application shall be accepted and reviewed by the Naturalization Board.

3. The head of the Naturalization Board shall make a decision on the recognition of a child to be a citizen of Latvia.

II. Submission of the Application

4. A person, who has the right to submit the application in accordance with Article 31of the Law on Citizenship (hereinafter in the text - the person), shall submit the application in that regional branch of the Naturalization Board (hereinafter in the text - the branch) in the territory, where it serves applicants, the person lives.

5. In the branch the person shall produce his/her passport, shall fill in an application form P-1 (Supplement No. 1) and shall submit it together with the documents mentioned in Chapter III of these regulations.

6. A minor at the age from 15 till 18 who wants himself/herself to exercise the rights as to the acquisition of the citizenship of Latvia shall produce a passport (a minor who has not reached the age of 16 - a birth certificate), shall fill in an application form P-2 (Supplement No. 2) and shall submit it together with the documents mentioned in Chapter III of these regulations.

7. If the person changes his/her domicile during the review of his/her application, the person shall notify in written the branch in which he/she has submitted the application.

8. A branch official (hereinafter in the text - the official) shall review the person's application and the added documents and shall make certain that:

8.1. the person has been registered in the Residents’ Register Office;

8.2. all the necessary documents have been submitted;

8.3. the information in the application and the added documents affirm the child’s right to be recognized to be a citizen of Latvia.

9. If all the necessary documents have not been submitted in accordance with the requirements of Chapter III of these regulations or the information mentioned in the application and the added documents does not correspond to the requirements of the Law on Citizenship, the official shall not accept the documents and shall issue in written a substantiated refusal to accept the application. The person can appeal against such a refusal in the Naturalization Board within one month, but the decision of the Naturalization Board can be appealed against in court within one month. It shall be the obligation of the official to explain the procedure of appeal.

10. If all the necessary documents have been submitted in accordance with the requirements of Chapter III of these regulations and the furnished information corresponds to the requirements of the Law on Citizenship, then the application shall be registered in the register and a personal file shall be opened by the official.

III. Documents to Be Added to the Application

11. In accordance with Paragraph 1, Part 2, Article 31of the Law on Citizenship both child’s parents shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board:

11.1. one of the following documents attesting the fact of a stateless person’s or a non-citizen’s permanent residence in Latvia;

11.1.1. a non-citizen’s passport of Latvia with the entry as to registration of residence in Latvia;

11.1.2. another document attesting the identity of a stateless person or a non-citizen, issued in the Republic of Latvia and having the identity number and the entry as to registration of residence in Latvia;

11.1.3. another recognized in the Republic of Latvia valid travelling document of a stateless person with the entry of a permanent residence permit issued by the Board of Citizenship and Migration Affairs at least five years before submitting the application;

11. 2. a certificate on permanent residence in Latvia being issued by the institution carrying out registration of passports in person’ s domicile;

11. 3. a child’s birth certificate.

12. In accordance with Paragraph 2, Part 2, Article 31of the Law on Citizenship a child’s mother shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board:

12.1. one of the documents mentioned in Subparagraph 11.1. of these regulations;

12.2. a certificate on permanent residence in Latvia issued by the institution carrying out registration of passports in person’s domicile;

12.3. a child’s birth certificate;

12.4. a document issued by the registry office attesting that the entry about a child’s father has been done under the instructions of the child’s mother.

13. In accordance with Paragraph 3, Part 2, Article 31of the Law on Citizenship a parent shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board:

13.1. one of the documents mentioned in Subparagraph 11.1. of these regulations:

13.2. a certificate on permanent residence in Latvia issued by the institution carrying out registration of passports in person’s domicile;

13.3. a child’s birth certificate;

13.4. a death certificate of child’s other parent or a court decision announcing this parent to be deceased.

14. In accordance with Paragraph 4, Part 2, Article 31of the Law on Citizenship an adoptive parent shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board:

14.1. one of the documents mentioned in Subparagraph 11.1. of these regulations:

14.2. a certificate on permanent residence in Latvia issued by the institution carrying out registration of passports in person’s domicile;

14.3. a child’s birth certificate;

14.4. a court decision approving the fact of adoption if the sole adopting parent is male.

15. In accordance with Part 3, Article 31of the Law on Citizenship a minor shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board:

15.1. one of the documents mentioned in Subparagraph 11.1. of these regulations:

15.2. a certificate on permanent residence in Latvia issued by the institution carrying out registration of passports in person’s domicile;

15.3. one of the documents attesting the applicant’s proficiency of the Latvian language:

15.3.1. a diploma or a certificate about receiving vocational or secondary special education in the Latvian language as the language of instruction;

15.3.2. an examination sheet issued by the Naturalization Board with the entry that the examination of the proficiency of the Latvian language has been passed.

16. If the applicant’s surname (name) is not the same as the applicant’s surname (name) entered in the child’s birth certificate, the documents attesting the change of the surname (name) shall be submitted in addition.

IV. Review of the Application

17. If the application and all necessary documents have been submitted, the person shall be issued a written certificate (Supplement No. 3).

18. If the person acquiring the citizenship of Latvia in accordance with Part 3, Article 31of the Law on Citizenship does not submit one of the documents mentioned in Subparagraph 15.3.1. of these regulations he/she shall be issued an order form to the examination of the proficiency of the Latvian language (Supplement No. 4).

19. To check the verity of the person’s submitted information and a child’s conformity to the provisions of Article 31of the Law on Citizenship, the Naturalization Board shall request information from the following institutions:

19.1. the Board of Citizenship and Migration Affairs;

19.2. the Ministry of the Interior, if the child has reached the age of 14;

19.3. other state and self-governmental institutions - if an additional verification is necessary.

20. The institutions mentioned in Paragraph 19 of these regulations shall have the obligation to provide, free of charge, a reply within one month to the request of the Naturalization Board, but if an additional verification is necessary - within three months.

21 The head of the Naturalization Board shall make a decision on the recognition of a child to be a citizen of Latvia or dropping the review of the application within six months starting from the date when the application was accepted.

22. A review of the application shall be dropped in the following cases:

22.1. after the submission of the application it is found by the official of the Naturalization Board that no legal basis exists for the recognition of a child to be a citizen of Latvia;

22.2. at request of the applicant but in the case as prescribed by Paragraph 1, Part 2, Article 31of the Law on Citizenship - at request of the applicants;

22.3. in case of a minor’s death;

22.4. if during the review of the application a minor has acquired the citizenship of Latvia.

23. The decree of the head of the Naturalization Board on dropping the review of the application shall be allowed to be appealed against in court within one month counting from the date when the decree was passed.

24. The docket from the decree of the head of the Naturalization Board on the recognition of a child to be a citizen of Latvia shall be issued in the branch.

25. To receive the docket from the decree of the head of the Naturalization Board on the recognition of a child to be a citizen of Latvia the applicant shall produce a document attesting his/her identity and certify the receipt of the docket from this decree by his/her signature.

V. Final Clause

26. By December 31, 1999 instead of the documents mentioned in Subparagraph

11. 1. of these regulations one shall be allowed to submit a citizen’s passport of the former USSR with the entry of the Residents’ Registry Office and the entry as to registration of residence in Latvia, and a testimony, in written, shall be added stating the fact that the applicant has not acquired citizenship of another country (Supplement No. 5).

Prime Minister V. Krištopans

Minister of Justice I. Labucka

Supplement No. 1

to the Regulations No. 32

of the Cabinet of Ministers

February 2, 1999

Form P-1

Application on the Recognition of a Child to Be a Citizen of Latvia

Submitted to the__________________________branch of the Naturalization Board

on ___ _______________________________________ , 200__ .

Registration No. __________

I. I, ______________________________________________________________,

(name, surname)

the mother of ______________________________________________________

(child’s name, surname)

who was born after August 21, 1991, wish my child to be recognized a citizen of Latvia.

II. I, ______________________________________________________________,

(name, surname)

the father of _________________________________________________________

(child’s name, surname)

who was born after August 21, 1991, wish my child to be recognized a citizen of Latvia.

III. Child’s identification data

A. Identity number

B. Name (names) _________________________________________________

C. Surname _____________________________________________________

D. Surname at birth _______________________________________________

E. All previous names, surnames _______________________________________________________________

(if changed)

F. Place of birth __________________________________________________

(administrative unit, town/city; settlement)

G. Date of birth _________________________________________________

H. Nationality ___________________________________________________

I.The status of (non) being a member of a particular country ________________________________________________________________

(a stateless person or a non-citizen)

IV. Data about a child’s mother

A. Identity number

B. Name (names) _________________________________________________

C. Surname _____________________________________________________

D. All previous names, surnames _______________________________________________________________

(if changed)

E.Nationality _______________________________________________________________

F.The status of (non) being a member of a particular country _______________________________________________________________

(a stateless person or a non-citizen)

G.If you have entered Latvia before July 1, 1992 for permanent residence, indicate the date (the day, the month, the year) on which you have obtained registration of residence in Latvia

If you have entered Latvia after July 1, 1992 for permanent residence, indicate

No. __ of your permit for permanent residence and the date (the day, the month and the year) on which it has been issued

V. Data about a child’s father

A. Identity number

B. Name (names) _________________________________________________

C. Surname _____________________________________________________

D. All previous names, surnames ______________________________________________________________

(if changed)

E.Nationality _______________________________________________________________

F.The status of (non) being a member of a particular country _______________________________________________________________

G.If you have entered Latvia before July 1, 1992 for permanent residence, indicate the date (the day, the month, the year) on which you have obtained registration of residence in Latvia

If you have entered Latvia after July 1, 1992 for permanent residence, indicate

No. __ of your permit for permanent residence and the date (the day, the month and the year) on which it has been issued

VI. I certify that

I shall help my child to master the Latvian language as the official language,

to receive education and inculcate respect and loyalty to the Republic of Latvia;

my child, before submitting the application has been

a stateless person/a non-citizen(the unnecessary to be crossed out)all the time.

VII. I add the following documents:

_____ ___________, 200___ _________________________

(applicant’s signature)

_____ ___________, 200___ _________________________

(applicant’s signature)

The application accepted by______________________________________________________________

(post, signature and name, surname)

The head of the branch _____________________________________________

(post, signature and name, surname)

Minister of Justice I. Labucka

Supplement No. 2

to the Regulations No. 32

of the Cabinet of Ministers

February 2, 1999

Form P-2

Application on the Recognition of the Citizenship of Latvia through the Procedure as Prescribed by Article 3.1of the Law on Citizenship

Submitted to the__________________________branch

of the Naturalization Board photograph

on ___ _______________________________, 200__

stamp

Registration No. __________

I. Person’s identification data

A. Identity number

B. Name (names) _________________________________________________

C. Surname ______________________________________________________

D. Surname at birth

E. All previous names, surnames ________________________________________________________________

(if changed)

F. Place of birth ___________________________________________________

(administrative unit, town/city; settlement)

G.Date of birth__________________________________________________

H. Nationality_____________________________________________________

I.The status of (non) being a member of a particular country ________________________________________________________________

(a stateless person or a non-citizen)

J.Indicate the date on which you have obtained permanent registration in Latvia _____________________________________________________________

II. I wish to acquire the citizenship of Latvia in accordance with Article 31of the Law on Citizenship

III. I certify that

my permanent residence is Latvia;

I have not been sentenced in Latvia or in any other country to imprisonment for a period being no longer than five years for having committed a crime;

before submitting the application I have been a stateless person/a non-citizen

(the unnecessary to be crossed out)all the time

IV. I am aware of the fact that I shall be deprived of the citizenship of Latvia if:

I acquire citizenship of another country without submitting the application for the renunciation of the citizenship of Latvia;

I serve in the armed forces, internal troops, security service, the police (militia) or I am employed in a law/justice institution of a foreign country without permission of the Cabinet of Ministers;

I have provided intentionally false information when attesting my status of being a citizen of Latvia and thus I have acquired the citizenship of Latvia having no grounds for it.

V. I add the following documents:

_____ ___________, 200___ __________________________

(applicant’s signature)

The application accepted by_______________________________________________________________

(post, signature and name, surname)

The head of the branch ______________________________________________

(post, signature and name, surname)

Minister of Justice I. Labucka

Supplement No. 3

to the Regulations No. 32

of the Cabinet of Ministers

February 2, 1999

The Naturalization Board

CERTIFICATE

_____________________________________________________________________ (name, surname )

(identity number )

has submitted in the _________________________ branch of the Naturalization Board the following documents:

____ _________ , 200 __

Branch official ____________________________________________________________________ (post, signature and name, surname)

Minister of Justice I. Labucka

Supplement No. 4

to the Regulations No. 32

of the Cabinet of Ministers

February 2, 1999

The Naturalization Board

ORDER FORM

Examination of the proficiency of the Latvian language

(name, surname)

(identity number)

shall take the examination of the proficiency of the Latvian language at ____ o’clock,

________________, 200___.

__________________________________________________________________________ (address of the examination place)

Branch official ________________________________________________________

(post, signature and name, surname)

_______ _____ , 200 __

Minister of Justice I. Labucka

Supplement No. 5

to the Regulations No. 32

of the Cabinet of Ministers

February 2, 1999

TESTIMONY

I, ______________________________________________________________________

(name, surname)

(identity number)

certify that I have not acquired citizenship of another country.

________________, 200 __ ___________________________________

(signature)

Minister of Justice I. Labucka