Regulations No. 34 on The Procedure for the Acceptance and Review of Naturalization Applications (1999)

Regulations of the Cabinet of Ministers No. 34

(Record No. 8 para. 13)

Riga, February 2, 1999

The Procedure for the Acceptance and Review of

Naturalization Applications

Issued in accordance with Part 2,

Article 17 of the Law on Citizenship

I. General Matters

1. These regulations shall prescribe the procedure by which naturalization applications shall be accepted and reviewed as well as the rights and obligations of those persons who want to acquire the citizenship of Latvia through naturalization and the rights and obligations of state institutions in the naturalization process.

2. A naturalization application (hereinafter in the text - the application) shall be accepted and reviewed by the Naturalization Board that has control and supervision over naturalization questions.

II. Acceptance of Applications

3. A person who wants to be naturalized (hereinafter in the text - the person) shall submit the application to the regional branch of the Naturalization Board (hereinafter in the text - the branch) in which territory he/she lives.

4. In the branch the person shall produce a passport, shall fill in an application form N-1 (Supplement No. 1) and shall submit it together with the documents which prove the person’s right to be naturalized in accordance with the provisions of the Law on Citizenship. A person who has not reached the age of 16 shall produce his/her birth certificate.

5. If the person, who is naturalized, requests his/her under age children up to 15 to be granted the citizenship of Latvia at the same time, he/she shall fill in an application form N-2 as well (Supplement No. 1).

6. The person submitting the application shall be warned about deprivation of the citizenship of Latvia for furnishing intentionally false information while naturalizing.

7. If the person changes his/her domicile during the review of his/her application, the person shall notify in written the regional 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. all the necessary documents have been submitted;

8.2. the information in the application and the added documents affirm the person’ s right to be naturalized.

9. If the necessary documents have not been submitted in accordance with Chapter III of these regulations except the documents mentioned in Subparagraph 11.8. and the information mentioned in the application or the added documents does not meet the requirements of the Law on Citizenship the official shall not accept the documents and shall issue in written a substantiated refusal. The person shall be allowed to appeal against such a refusal to the head of the Naturalization Board.

10. If the necessary documents have been submitted in accordance with Chapter III of these regulations except the documents mentioned in Subparagraph 11.8. and the furnished information meets the requirements of the Law on Citizenship the official shall register the application in the register and shall open a personal file on naturalization.

III. Documents to Be Added to the Application

11. The person being naturalized in accordance with Part 1, Article 14 of the Law on Citizenship 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 person’s permanent residence in Latvia and registration in the Residents' Register Office if the person entered Latvia before July 1, 1992:

11.1.1. a non-citizen’s passport of Latvia with the entry as to registration of residence in Latvia at least five years before submitting the application as well as a certificate on a person's permanent residence in Latvia as to the period on which in the passport there is no entry as to registration of residence, confirmed by the executive director or the chairperson of the corresponding council of the local government;

11.1.2. other document attesting the person’s identity, issued or recognized in the Republic of Latvia and having the entry as to registration of residence in Latvia at least five years before submitting the application and the identity number officially given by the Board of Citizenship and Migration Affairs as well as a certificate on a person's permanent residence in Latvia as to the period on which in the document attesting the person’s identity there is no entry as to registration of residence, confirmed by the executive director or the chairperson of the corresponding council of the local government;

11.1.3. a court decision stating the fact that the person has been residing in Latvia at least five years before submitting the application if this person cannot submit the documents on permanent residence in Latvia mentioned in Subparagraphs 11.1.1. or 11.1.2. of these regulations;

11.2. about person's permanent residence in Latvia and registration in the Residents' Register Office if the person entered Latvia after June 30, 1992 (from July 1, 1992) - a document attesting the person’s identity, issued or recognized in Latvia and having the entry as to permit of permanent residence issued by the Board of Citizenship and Migration Affairs at least five years before submitting the application;

11.3. one of the following documents attesting a legal source of income of the person or his/her supporter:

11.3.1. a certificate from one’s place of employment;

11.3.2. a certificate from self-government about one’s self-employment;

11.3.3. a testimony issued by a branch of the State Social Insurance Agency (a pensioner’s certificate or a certificate) about the person’s receipt of a pension or allowance;

11.3.4. a certificate from a credit institution about one’s deposit;

11.3.5. a certificate from an educational establishment about the person’s receipt of a grant;

11.3.6. a certificate from the State Revenue Service about taxes being paid;

11.4. a receipt about the payment of the state duty or a document that justifies the person’s right to exemption from it;

11.5. a child’s birth certificate if a child is naturalized together with the person;

11.6. a document issued by a registry office which furnishes the information about a child born out of wedlock if a child is naturalized together with the person and in whose birth certificate the entry as to a child’s father has been done under instructions of a child’s mother;

11.7. a testimony that a person has not acquired citizenship of another country if the person is a citizen of the former USSR who resided permanently in Latvia on May 4, 1990 (Supplement No. 2);

11.8. about having passed the examinations as prescribed by the Law on Citizenship -

11.8.1. the examination sheet (issued by the Naturalization Board) with the entry that the examination of the proficiency of the Latvian language has been passed or a certificate issued by the Ministry of Education and Science attesting that the centralized examination of the Latvian language and literature has been passed according to levels A, B, C or D and which has been issued no sooner than two years before submission of the application if the person has taken and passed the examination of the proficiency of the Latvian language in accordance with Chapter VI.1 of the regulations of the Cabinet of Ministers No. 33 "Regulations on the Examination of the Proficiency of the Latvian Language and the Examination of the Knowledge of the Basic Principles of the Satversme (the Constitution), the Text of the National Anthem and the History of Latvia for Persons Who Wish to Acquire the Citizenship of Latvia through Naturalization" (February 2, 1999);

11.8.2 the examination sheet (issued by the Naturalization Board) with the entry that the examination of the knowledge of the basic principles of the Satversme (the Constitution), the text of the national anthem and the history of Latvia has been passed.

12. The person having the right to have his/her application to be reviewed without regard for a general succession of review shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board in addition to those mentioned in Article 11 (in accordance with Paragraph 1, Part 2, Article 14 of the Law of Citizenship):

12.1. a birth certificate or a passport or a court decision which states the person’s nationality (ethnic origin);

12.2. a document issued by the Repatriation Centre of the Board of Citizenship and Migration Affairs attesting the status of a repatriate.

13. The person having the right to have one’s application to be reviewed without regard for a general succession of review shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board in addition to those mentioned in Article 11 (in accordance with Paragraph 2, Part 2, Article 14 of the Law of Citizenship):

13.1. one of the following documents affirming the citizenship of Lithuania:

13.1.1. a certificate from the archives or the registry office;

13.1.2. a certificate from the Embassy of Lithuania in Latvia;

13.1.3. a birth certificate;

13.1.4. a death certificate of parents;

13.1.5. a certificate about service in the army of Lithuania or property in Lithuania until June 17, 1940;

13.1.6. a court decision stating the fact of the citizenship of Lithuania or other document(s) attesting the citizenship of Lithuania.

13.2. one of the following documents affirming the citizenship of Estonia:

13.2.1. a certificate from the archives or the registry office;

13.2.2. a passport;

13.2.3. a court decision stating the fact of the citizenship of Estonia.

14. If a descendant mentioned in Paragraph 2, Part 2, Article 14 of the Law of Citizenship exercises his/her right to have his/her application to be reviewed without regard for a general succession of review then he/she shall submit documents about his/her parents as mentioned in Subparagraph 13.1 or Subparagraph 13.2. of these regulations, his/her kinship shall be proved submitting his/her birth certificate or its notarized copy or a copy witnessed by the Naturalization Board, or a court decision stating the fact of the kinship.

15. The person, having the right to have one’s application to be reviewed without regard for a general succession of review, shall submit the following documents attesting the citizenship of the Republic of Poland or their notarized copies or copies witnessed by the Naturalization Board in addition to those mentioned in Paragraph 11 of these regulations (in accordance with Paragraph 3, Part 2, Article 14 of the Law of Citizenship):

15.1. a certificate from the archives or the registry office;

15.2. a certificate about service in the army of Poland or property in Poland until September 1, 1939;

15.3. a court decision stating the fact of the citizenship of the Republic of Poland;

15.4. a passport;

15.5. a certificate issued by the Embassy of Poland in Latvia.

16. If a descendant mentioned in Paragraph 3, Part 2, Article 14 of the Law of Citizenship wants to exercise his/her right to have his/her application to be reviewed without regard for a general succession of review he/she shall submit documents about his/her parents as mentioned in Subparagraph 15 of these regulations his/her kinship shall be proved submitting his/her birth certificate or its notarized copy or a copy witnessed by the Naturalization Board, or a court decision stating the fact of the kinship.

17. The person having the right to have his/her application to be reviewed without regard for a general succession of review a person shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board in addition to those mentioned in Paragraph 11 of these regulations (in accordance with Paragraph 4, Part 2, Article 14 of the Law of Citizenship):

17.1.a spouse’s passport, but if the spouse is deceased his/her death certificate;

17.2. a marriage certificate;

17.3. if it is necessary - a certificate issued by the Board of Citizenship and Migration Affairs or other document(s) as to spouse’s citizenship.

18. The person who is exempt from the examination of the proficiency of the Latvian language shall submit the following documents or their notarized copies or copies witnessed by the Naturalization Board (in accordance with Article 21 of the Law on Citizenship) in addition to those mentioned in Paragraph 11 of these regulations - a school certificate and a diploma or certificate attesting primary education, secondary education or tertiary education, as well as a certificate attesting that this education has been received in the Latvian language as the language of instruction.

19. The person who has the right to take the examination in accordance with a special procedure of the examination of the knowledge (in accordance with Article 21 of the Law on Citizenship) shall submit a certificate attesting his/her disablement (if it is necessary - a certificate and a statement issued by the Doctors’ State Commission on Health and Labour Expertise according to which the person shall be granted the right to facilities when taking the examination). This certificate is to be submitted in addition to the documents mentioned in Paragraph 11 of these regulations,

20. The person shall attach three photographs (3x4 cm). If a child, who naturalizes together with a parent, has reached the age of 14, one photograph (3x4 cm) shall be attached to the application.

IV. Review of Applications

21. When the application and all necessary documents except the documents mentioned in Subparagraph 11.8. have been accepted, the person shall be issued a written certificate (Supplement No. 3), an order form to the examination of the proficiency of the Latvian language (Supplement No. 4) and an order form to the examination of the basic principles of the Satversme (the Constitution), the text of the national anthem and the history of Latvia (Supplement No. 5), if such the examinations are to be taken by the person in accordance with the Law on Citizenship.

22. To check the verity of the submitted information and its conformity to the requirements of Article 11 of the Law on Citizenship, the Naturalization Board shall request information from the following institutions:

22.1. Information Centre, Ministry of the Interior;

22.2. Totalitarianism Consequences Documentation Centre;

22.3. state security institutions;

22.4. the Board for Citizenship and Migration Affairs.

23. The Board of Citizenship and Migration Affairs shall verify and ensure the spelling of the applicant’s name and surname to the norms of the orthography of the Latvian language.

24. The Naturalization Board shall have the right to request the necessary information also from other state and self-government institutions.

25. The institutions mentioned in Paragraphs 22 and 23 of these regulations shall have the obligation to provide a reply to the request of the Naturalization Board within one month, if additional verification is necessary - within three months.

26. deleted

27. If the person is to be naturalized, the branch shall invite the person to take an oath of allegiance to the Republic of Latvia (hereinafter in the text - an oath).

28. If the person has no right to acquire the citizenship of Latvia through naturalization due to provision mentioned in Paragraph 7, Part 1, Article 12 of the Law on Citizenship, the person shall be invited to submit an expatriation permit, if such is provided for by the laws of the state, or a document proving loss of citizenship. If the person produces these documents then he/she shall be invited to take the oath.

29. The application shall be suspended in the following cases:

29.1. a person is called to account for having committed a criminal offence;

29.2. a verification file has been opened to state the fact of collaboration with State Security Committee of the former USSR (the Latvian SSR) (hereinafter in the text - the security committee);

29.3. a reply has been received from the Totalitarianism Consequences Documentation Centre that at its disposal there is information on the fact that the person has been an employee, an informer, an agent or the holder of a secret abode of the security committee or any other foreign security service, intelligence service or other special service;

29.4. the person does not arrive to the examination of knowledge as prescribed by the Law on Citizenship or to taking the oath having no valid reasons for doing so;

29.5. the person does not submit, without any valid reasons, a statement of renunciation from his/her citizenship and an expatriation permit, if such is provided for by the laws of the state, or a document proving loss of citizenship within six months counting from the day the summons, mentioned in Paragraph 28 of these regulations, has been received.

30. A review of the application shall be suspended, in the cases mentioned in Subparagraphs 29.1. or 29.2. of these regulations, until the time the court verdict takes effect or the case is dropped.

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

31.1. at request of a person;

31.2. in case of the person’s death;

31.3. if the person has acquired the citizenship of Latvia through registration or for special service for the benefit of Latvia during the time of review of the application;

31.4. if one year has passed since the review of the application has been suspended in the case as prescribed by Subparagraph 29.3. of these regulations and the person has not applied to the prosecutor’s office with the application requesting to verify the fact of his/her collaboration with the security committee;

31.5. if one year has passed since the review of the application has been suspended due to the reason mentioned in Subparagraphs 29.4. and 29.5. of these regulations.

32. The head of the Naturalization Board shall make a decision to refuse naturalization if:

32.1. a court verdict, having taken effect legally, states the fact that the person has furnished intentionally false information;

32.2. after the submission of the application it is found that there is no legal basis for naturalization or legal basis does not exist any more;

32.3. a minor, who is naturalized in accordance with Article 15 of the Law on Citizenship, has reached the age of 15 before the Cabinet of Ministers has passed a decree on granting the citizenship of Latvia through naturalization.

33. If the person has taken the oath the official of the Naturalization Board shall prepare a draft decree of the Cabinet of Ministers on granting the citizenship of Latvia through naturalization on the basis of the documents being found in the person’s naturalization file.

34. The docket of the decree of the Cabinet of Ministers on granting the citizenship of Latvia through naturalization shall be issued to the person in the branch.

35. To receive the docket of the decree of the Cabinet of Ministers on granting the citizenship of Latvia through naturalization the person shall produce a document attesting his/her identity and certify the receipt of the docket from the decree by his/her signature.

V. Final Clauses

36. To acknowledge the following regulations as have lost their validity:

36.1. The Regulations of the Cabinet of Ministers No. 105 "The Procedure for the Acceptance and Review ofNaturalization Applications" (March 25, 1997) - the gazette "Latvijas Vēstnesis", 1997, No. 85 and No. 280;

36.2. The Regulations of the Cabinet of Ministers No. 355 (October 21, 1997) "The Amendment to the Regulations of the Cabinet of Ministers No. 105 "The Procedure for the Acceptance and Review of Naturalization Applications" (March 25, 1997) - the gazette "Latvijas Vēstnesis", 1997, No. 280.

37. 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.

Prime Minister V. Krištopans

Minister of Justice I. Labucka

Supplement No. 1

to the Regulations No. 34

of the Cabinet of Ministers

February 2, 1999

NATURALIZATION APPLICATION

the application must be written legibly

no corrections or crossings out allowed

Form N-1

Submitted to the __________________________________ branch,

of the Naturalization Board on _____ __________________________, 200 __ .

Registration No.__________

 

I. 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 _______________________________________________________

(state, administrative unit,

_______________________________________________________ town /city; settlement)

G.Nationality ________________________________________________________

H.The status of (non) being a member of particular country __________

(if you have other citizenship, please indicate)

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

B. If you have entered Latvia after July 1, 1992, please indicate No. __ of your permit for permanent residence and the date (the day, the month, the year) on which it has been issued

III. I wish to acquire the citizenship of Latvia in accordance with Part __, Article ___ of the Law on Citizenship

IV. I add _____ forms N - 2 about my under age children up to the age of 15 who are

(the number)

naturalized together with me

 

V. I wish / do not wish(unnecessary to be crossed out)my application to be reviewed without regard for a general succession of review in accordance with Paragraph ___, Part II, Article 14 of the Law on Citizenship

(to be filled in only by persons who are entitled to have their naturalization applications to be reviewed without regard for a general succession of review in accordance with Part II, Article 14 of the Law on Citizenship)

VI. Education:

A. primary secondary tertiary

B. If education has been received in the Latvian language as the language of instruction indicate the name of the educational establishment and the date of graduating from/finishing it _____________________________________________________________________

VII. I certify that:

I have not acted against the independence of the Republic of Latvia, its democratic parliamentary state system or the existing state authority in Latvia through anti-constitutional methods;

after May 4, 1990 I have not propagated fascist, chauvinist, national socialist, communist or other totalitarian ideas or instigated ethnic or racial hatred or discord;

I am not an official of a state authority, administration or law enforcement institution of any foreign country;

I am not in the armed forces, internal forces, security service or the police (militia) of any foreign country;

I am not an employee, an informer, an agent or the holder of a secret abode of the State Security Committee of the former USSR (the Latvian SSR) or any other foreign security service, intelligence service or other special service;

after January 13, 1991 I have not acted against the Republic of Latvia through participation in the Communist Party of the Soviet Union (the Latvian Communist Party), the Workers’ International Front of the Latvian SSR, the United Council of Labour Collectives, the Organization of War and Labour Veterans, the All-Latvian Salvation Committee or its regional committees, or the Communists’ Union of Latvia;

I have not chosen the Republic of Latvia as a place of residence just after demobilization from the armed force of the USSR (Russia) or the internal troops of the USSR (Russia) after June 17, 1940 (it shall not be certified by the persons who on the day of calling up for military service or being enrolled permanently resided in Latvia;

I have not been sentenced either in Latvia or any other country for having committed such a crime that is a crime also in Latvia on the day when the Law on Citizenship took effect;

I have been warned about criminal liability in case I furnish intentionally false information;

I have not been deprived of the citizenship of Latvia during the last five years.

VIII. I am aware 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 from the Cabinet of Ministers;

I have furnished intentionally false information when being naturalized and thus I have acquired the citizenship of Latvia having no grounds for it.

IX. I add the following documents:

______________, 200 ___ ____________________________________________

(signature)

The application accepted by _____________________________________________________________________

(post, signature and name, surname)

The head of the branch of the Naturalization Board _____________________________________________________________________

( signature and name, surname)

Form N-2

INFORMATION ABOUT AN UNDER AGE CHILD UNDER THE AGE OF 15 WHO IS NATURALIZED

TOGETHER WITH A PARENT

Applicant_____________________________________________________________________

(name, surname)

 

(identity number)

Child: ___________________________________________________________

(name, surname)

 

stamp

(identity number)

 

 

I, _________________________________________________, the husband / wife /

(name, surname)

divorced husband / divorced wife and the father/mother of this under age child of the applicant(the unnecessary to be crossed out)certify that I have

no objections as regards granting of the citizenship of Latvia to my child

(name, surname)

 

__ ________, 200 __ ________________________________

(signature)

I, _________________________________________________, the under age child of

(name, surname)

the applicant _______________________________________, certify that I have no

(name, surname)

objections as regards granting of the citizenship of Latvia to me.

 

__ ________, 200 __ ________________________________

(signature)

Notes.

1. Children at the age from 14 till 15 certify in written that they consent to granting of the citizenship of Latvia to them.

2. If a signature is not given in the presence of the official, a notary shall have to witness it.

Minister of Justice I. Labucka

Supplement No. 2

to the Regulations No. 34

of the Cabinet of Ministers

February 2, 1999

TESTIMONY

(to be filled in only by citizens of the former USSR who had permanent residence in Latvia on May 4, 1990)

I, ____________________________________________________________________,

(name, surname)

 

(identity number)

certify that I have not acquired citizenship of any other country.

__ ________, 200 __ ______________________________________ (signature)

Minister of Justice I. Labucka

Supplement No. 3

to the Regulations No. 34

of the Cabinet of Ministers

February 2, 1999

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. 34

of the Cabinet of Ministers

February 2, 1999

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. 34

of the Cabinet of Ministers

February 2, 1999

Naturalization Board

ORDER FORM

Examination of the basic principles of the Satversme (the Constitution), the text of the national anthem and the history of Latvia

(name, surname)

(identity number)

shall take the examination of the basic principles of the Satversme

(the Constitution), the text of the national anthem and the history of Latvia

at _______ o’clock, ____ ________________, 200 __.

___________________________________________________________________________ (address of the examination place)

Branch official ___________________________________________________________________________

(post, signature, name, surname)

______ _____________, 200 __

Minister of Justice I. Labucka