Print Regulations of the Cabinet of Ministers No. 13
(Record No. 2 para. 14)
Riga, January 9, 2001
The Procedure for Documenting
Loss and Restoration of the Citizenship of Latvia
Issued in accordance with Article 26
of the Law on Citizenship
I. General Matters
These regulations shall prescribe the procedure for documenting renunciation of the citizenship of Latvia and its restoration to a person at request, as well as deprivation of the citizenship of Latvia.
The Naturalization Board (hereinafter - the Board) shall accept and review applications on renunciation of the citizenship of Latvia and its restoration as well as applications on opening a verification file on deprivation of the citizenship of Latvia.
II. The Procedure for Documenting Renunciation of the Citizenship of Latvia
A citizen of Latvia whose place of permanent residence is in Latvia shall fill in an application on renunciation of the citizenship of Latvia (hereinafter in this chapter - the application) in accordance with Supplement No. 1 of these regulations and shall submit it to the regional branch of the Board (hereinafter - the branch), in which territory he/she lives.
A citizen of Latvia whose place of permanent residence is outside Latvia shall submit the application to a diplomatic representation (a consular institution) of the Republic of Latvia in the country this person resides, or, if such one does not exist, to the nearest diplomatic representation (a consular institution) of the Republic of Latvia, or to the Citizenship Department (hereinafter - "the department") of the Board.
If a person wishes his/her under age child to renounce the citizenship of Latvia he/she shall fill in the application in accordance with Supplement No. 2 of these regulations.
A person's under age child at the age from 14 years till 18 years shall acknowledge, signing his/her name in the application mentioned in Paragraph 5 of these regulations, having no objections as to loss of the citizenship of Latvia by renouncing it.
A person shall be allowed to submit the application mentioned in Paragraph 5 of these regulations only with a written consent of the child's other parent, except the case when the document(s) has(have) been submitted attesting one of the following facts:
7.1. he/she is deprived of parental rights through the procedure as prescribed by the law;
7.2. he/she is deceased.
When submitting the application, a person shall produce his/her passport or another identity card recognized in the Republic of Latvia and shall add to the application:
8.1. a document attesting the citizenship of which country he/she already possesses or is guaranteed;
8.2. a receipt about the payment of the state duty;
8.3. two photographs (3 x 4 cm).
When submitting the application mentioned in Paragraph 5 of these regulations, a person shall submit the following documents in addition to those mentioned in Paragraph 8 of these regulations:
9.1. a birth certificate (if the child has reached the age of 16, a child's passport shall be produced);
9.2. a document attesting the citizenship of which country the person's under age child already possesses or is guaranteed.
The official of the branch (the department) shall check the documents being found in the personal file and make sure that:
10.1. all the necessary documents have been submitted;
10.2. the information being found in the personal file affirms the person's right to renounce the citizenship of Latvia.
If all the necessary documents have not been submitted the official of the branch (the department) shall issue a substantiated decision, signed by the head of the branch (the department) on not reviewing the application. This decision can be appealed to the head of the Board.
The Board checking the person's submitted information and its conformity to Article 23 of the Law on Citizenship shall request information from the following institutions:
12.1. the Information Centre of the Ministry of the Interior - on persons who are accused, tried or convicted for having committed a criminal delinquency;
12.2. the Board of State Military Service - on persons who are subject to mandatory military obligations;
12.3. the State Revenue Service - on persons' fulfilment as regards payment of state taxes, duties and other obligations as prescribed by the state.
The Board shall have the right to request the necessary information, free of charge, also from other state and local governmental institutions.
The institutions as mentioned in Paragraphs 12 and 13 of these regulations shall have the obligation to reply to the Board's request within a month. But if it is necessary to have an additional verification then within two months.
15. Taking into account the verification of documents being found in the personal file the Minister of Justice shall make a corresponding decision no later than within three months after having received the person's application:
15.1. on acknowledgement the person has lost the citizenship of Latvia having renounced it;
15.2. on rejecting the person's application if the person has not fulfilled mandatory military obligations or other obligations towards the Republic of Latvia.
16. If it is necessary to have an additional verification the head of the Board shall have the right to prolong the term for three months for reviewing the application.
17. If the person's place of permanent residence is in Latvia the department shall forward the decision mentioned in Paragraph 15 of these regulations to the corresponding branch that:
17.1. shall invite, no later then within five days, the person to receive the decision;
17.2. shall issue the decision to the person against his/her signature and, if the person has lost the citizenship of Latvia having renounced it, shall nullify the passport of a citizen of the Republic of Latvia by a corresponding seal and together with a record of the nullification protocol shall forward it to the institution that had issued the passport for writing off.
17.3. shall forward a copy of the decision to the branch of the Board of Citizenship and Migration Affairs in the territory of which the person resides if the person has lost the citizenship of Latvia having renounced it.
18. If a person's place of permanent residence is outside Latvia the department shall forward the decision mentioned in Paragraph 15 of these regulations to a diplomatic representation (a consular institution) of the Republic of Latvia in the country this person resides, or, if such one does not exist, to the nearest diplomatic representation (a consular institution) of the Republic of Latvia that insures the execution of Subparagraphs 17.1. and 17.2. of these regulations.
19. A person, who has lost the citizenship of Latvia having renounced it, shall have the obligation to return the passport of the citizen of the Republic of Latvia to the Board's branch or to a diplomatic representation (a consular institution) of the Republic of Latvia in the country this person resides, or, if such one does not exist, to the nearest diplomatic representation (a consular institution) of the Republic of Latvia, receiving the acknowledgement that the citizenship of Latvia has been lost (Supplement No. 3).
20. A decision to reject the application shall be allowed to be appealed to the court.
III. The Procedure for Documenting Deprivation of the Citizenship of Latvia
21. The Board shall be allowed to open a verification file on deprivation of the citizenship of Latvia on its own initiative, at request of a state or self - governmental institution, as well as at request of an individual person or a legal entity if the furnished information corresponds to the conditions mentioned in Paragraphs 1, 2, and 3, Part 1, Article 24 of the Law on Citizenship.
22. When starting the verification, the Board shall have the right to obtain information confirming deprivation of the citizenship of Latvia from state and self - governmental institutions, individuals, and institutions of foreign countries.
23. If there is a reason to consider that a citizen of Latvia has acquired citizenship of another country without having submitted the application for renunciation of the citizenship of Latvia, the Board shall ascertain:
23. 1. whether the person has submitted the application on renunciation of the citizenship of Latvia;
23. 2. when and citizenship of which country the person has acquired after he/she has been granted the citizenship of Latvia;
24. If there is a reason to consider that the citizen of Latvia serves in the armed forces, internal troops, security service, police (militia) or is employed in a law/justice institution of a foreign country without the permission of the Cabinet of Ministers, the Board shall ascertain:
24.1. whether the person serves in the service (what, where and since when) of a foreign country as mentioned in Paragraph 2, Part 1, Article 24 of the Law on Citizenship;
24.2. whether the condition mentioned in Paragraph 2 of the Transitional Provisions of the Law on Citizenship applies to the person;
whether the Cabinet of Ministers has permitted the person to serve in the service of a foreign country mentioned in Paragraph 2, Part 1, Article 24 of the Law on Citizenship.
25. If there is a reason to consider that the person has furnished intentionally false information about himself/herself when certifying his/her belonging to the citizenship of Latvia, and in that way has acquired the citizenship of Latvia having no grounds for it, the Board carrying out verification shall ascertain:
25.1. which of the furnished information has been false in order to acquire the citizenship of Latvia;
25.2. what certifies that false information has been furnished intentionally;
25.3. whether the person has acquired the citizenship of Latvia having grounds for it.
26. The Board shall carry out the verification on deprivation of the citizenship of Latvia within a year, but if correspondence with foreign countries or additional verification is necessary, the Head of the Board shall have the right to prolong this term for one year.
27. If in the course of the verification circumstances are stated giving the reason for deprivation of the citizenship of Latvia the Board shall summon the corresponding person to give explanation and submit the necessary documents.
28. Avoidance or refusal of giving explanation at the time stated in the summons shall not be allowed to be the reason not to make the decision to bring an action against the person to the Regional Court on deprivation of the citizenship of Latvia.
29. Before handing the verification file over to the head of the Board for making the decision the corresponding person shall have the right to acquaint himself/herself with the materials of the verification file or to do so with the help of a representative (through mediation).
30. Taking into account the materials collected in the verification file the head of the Board shall make a corresponding decision on:
30.1. bringing an action to the Regional Court on deprivation of the citizenship of Latvia;
30.2. dropping the verification case if during the verification no circumstances have been stated giving the reason for deprivation of the citizenship of Latvia.
IV. The Procedure for Documenting Restoration of the Citizenship of Latvia
31. A person whose place of permanent residence is in Latvia shall fill in an application as to restoration of the citizenship of Latvia (hereinafter in this chapter - the application) in accordance with Supplement No. 4 of these regulations and shall submit it to the regional branch of the Board, in which territory he/she lives.
32. A person whose place of permanent residence is outside Latvia shall submit the application to a diplomatic representation (a consular institution) of the Republic of Latvia in the country this person resides, or, if such one does not exist, to the nearest diplomatic representation (a consular institution) of the Republic of Latvia, or to the Citizenship Department of the Board.
33. If a person wishes the citizenship of Latvia to be restored to his/her under age child he/she shall fill in the application in accordance with Supplement No. 5 of these regulations.
34. A person's under age child at the age from 14 till 18 shall acknowledge, signing his/her name in the application mentioned in Paragraph 33 of these regulations, having no objections as to restoration of the citizenship of Latvia to him/her.
35. A person shall be allowed to submit the application mentioned in Paragraph 33 of these regulations only with a written consent of the child's other parent, except the case when the documents have been submitted attesting one of the following facts:
35.1. he/she is deprived of parental rights through the procedure as prescribed by the law;
he/she is deceased.
36. If a person wishes to restore the citizenship of Latvia that has been lost due to the choice of his/her parents (adopters), the person submitting the application shall produce his/her passport or another identity card recognized in the Republic of Latvia and shall add to the application:
36.1. a document attesting that the citizenship of Latvia has been lost due to the choice of his/her parents (adopters);
36.2. a receipt about the payment of the state duty;
36.3. a photograph (3 x 4 cm).
37. If a person wishes to restore the citizenship of Latvia that has been lost due to a legal error he/she, submitting the application, shall produce his/her passport or another identity card recognized in the Republic of Latvia and shall add to the application:
37.1. a document attesting inadequacy of the information or circumstances the decision or the action of the official had been substantiated and due to which the person has lost the citizenship of Latvia;
37.2. a photograph (3 x 4 cm).
38. If a person wishes to restore the citizenship of Latvia that has been lost due to an illegitimate deprivation he/she, submitting the application, shall produce his/her passport or another identity card recognized in the Republic of Latvia and shall add to the application:
38.1. a court verdict establishing the decision or the action of a state administrative institution (the official) as being illegitimate or a court verdict repealing the court verdict having taken effect as a result of which the citizenship of Latvia was deprived of;
38.2. a photograph (3 x 4 cm).
39. If a person wishes at the same time to restore the citizenship of Latvia to his/her under age child, a child's birth certificate shall be submitted in addition.
40. The official of the department (the branch) shall check the documents to be found in the personal file and shall make sure that:
40.1. all the necessary documents have been submitted;
40.2. the information being found in the personal file affirms the person's right to restore the citizenship of Latvia.
41. If all the necessary documents have not been submitted the official of the branch (the department) shall issue a substantiated decision, signed by the head of the branch (the department) on not reviewing the application. This decision shall be allowed to be appealed to the head of the Board within a month.
42. After receiving the application the Board shall prepare the opinion on the verification no later than within a month but if an additional verification is necessary no later than within three months.
43.Taking into account the opinion of the Board a corresponding official statement shall be issued:
43.1 a decree of the Cabinet of Ministers on restoration of the citizenship of Latvia;
43.2. a decree of the head of the Board on rejecting the application if the documents to be found in the personal file do not confirm the person's right to restoration of the citizenship of Latvia.
44. The Board after having issued the decree as mentioned in Paragraph 43 of these regulations shall invite the person to the department (the branch) no later then within five days and shall issue the corresponding decree to him/her.
45. If a person's place of permanent residence is outside Latvia the department shall forward the decision mentioned in Paragraph 43 of these regulations to a diplomatic representation (a consular institution) of the Republic of Latvia in the country this person resides or, if such one does not exist, to the nearest diplomatic representation (a consular institution) of the Republic of Latvia that shall invite the person to receive the corresponding decree.
46. The decree on rejecting the application as mentioned in Subparagraph 43.2 of these regulations shall be allowed to be appealed to the court.
V The Final Clause
47. To acknowledge as have lost validity:
47.1. The regulations of the Cabinet of Ministers No.157 "Regulations on the Procedure for Documenting Loss of the Citizenship of Latvia and its Restoration"(June 20, 1995) - the gazette "Latvijas Vēstnesis" No.100, 1995 and No. 283, 1998;
47.2. The regulations of the Cabinet of Ministers No. 364 (September 28, 1998) "Amendments to the Regulations No.157 "Regulations on the Procedure for Documenting Loss of the Citizenship of Latvia and its Restoration" (June 20, 1995)
the gazette "Latvijas Vēstnesis" No. 283, 1998.
Prime Minister A. Bērziņš
Minister of Justice I. Labucka
Supplement No. 1
to the Regulations
of the Cabinet of Ministers No. 13
(January 9, 2001)
Form Z-1
The _______________________ branch of the Naturalization Board
Registration No. ____________
Application
on renunciation of the citizenship of Latvia
I, | , | ||
(name, surname and identity number) | photo | ||
born on _______________, ______, | |||
residing | , | ||
(address of place of residence) | stamp |
wish to renounce the citizenship of Latvia.
I certify that I have no unfulfilled obligations towards the state of Latvia.
I attach the following documents:
on_________________,________ | ||
(signature) |
The application accepted by | |
(post, signature and name, surname) |
on_________________,________
Minister of Justice I. Labucka
Supplement No. 2
to the Regulations
of the Cabinet of Ministers No. 13
(January 9, 2001)
Form Z-2
Application
on under age child's renunciation of the citizenship of Latvia
I, | , | |
(name, surname and identity number) |
wish my under age child to renounce the citizenship of Latvia
(name, surname and identity number) |
I, | , the father/mother | |
(name, surname and identity number) |
of the under age child, attest with my signature that I have no objection to my child's renunciation of the citizenship of Latvia.
on____________,______ | ||
(signature) |
I, | , | |
(name, surname and identity number) |
the under age child of the applicant on renunciation of the citizenship of Latvia, attest with my signature that I have no objections to loss of the citizenship of Latvia by renouncing it.
on____________,______ | ||
(signature) | ||
The application accepted by | ||
(post, signature and name, surname) |
on___________, _______
Notes.
1. If this form is not signed the branch official being present, the signature shall be certified by a notary.
2. The applicant's child at the age from 14 till 18 shall attest with his/her signature having no objections to loss of the citizenship of Latvia by renouncing it.
Minister of Justice I. Labucka
Supplement No. 3
to the Regulations
of the Cabinet of Ministers No. 13
(January 9, 2001)
Testimony
photo | |
stamp |
I certify that | ||||
(name, surname) | (date) |
has lost the citizenship of Latvia having renounced it.
Head of the Naturalization Board | |
(signature and name, surname) |
Minister of Justice I. Labucka
Supplement No. 4
to the Regulations
of the Cabinet of Ministers No. 13
(January 9, 2001)
Form A-1
The _______________________ branch of the Naturalization Board
Registration No. ____________
Application
on restoration of the citizenship of Latvia
I, | , | ||
(name, surname and identity number) | photo | ||
born on _______________, ______, | |||
residing | , | ||
(address of place of residence) | stamp |
wish to restore the citizenship of Latvia since I am of the opinion that
___________________________________________________________ (to indicate the reason of loss of the citizenship of Latvia - the choice of parents (adopters), a legal error or illegitimate deprivation of the citizenship of Latvia)
I attach _________form(s) A-2 on restoration of the citizenship of Latvia
(the number)
to my under age child(ren).
I attach the following documents:
on_________________,________ | ||
(signature) | ||
The application accepted by | ||
(post, signature and name, surname) |
Minister of Justice I. Labucka
Supplement No. 5
to the Regulations
of the Cabinet of Ministers No. 13
(January 9, 2001)
Form A-2
Application
on restoration of the citizenship of Latvia to an under age child
I, | , | |
(name, surname and identity number) |
wish the citizenship of Latvia to be restored to my under age child
(name, surname and identity number) |
I, | , the father/mother | |
(name, surname and identity number) |
of the under age child, attest with my signature that I have no objection to restoration of the citizenship of Latvia to my child.
on____________,______ | ||
(signature) |
I, | , | |
(name, surname and identity number) |
the under age child of the applicant on restoration of the citizenship of Latvia, attest with my signature that I have no objections to restoration of the citizenship of Latvia to me.
on____________,______ | ||
(signature) |
The application accepted by | |
(post, signature and name, surname) |
on___________, _______
Notes.
1. If this form is not signed the branch official being present, the signature shall be certified by a notary.
2. The applicant's child at the age from 14 till 18 shall attest with his/her signature having no objections to restoration of the citizenship of Latvia to him/her.
Minister of Justice I. Labucka