According to the currently applicable procedure, an employer who plans to employ third-country nationals has to publish a vacancy with the State Employment Agency (“Employment Agency”) and, if the vacancy remains free for at least 10 business days, the employer is entitled to apply to the Office of Citizenship and Migration Affairs (“OCMA”) for approval of an invitation to request a visa or a temporary residence permit for a foreigner.
However, on 10 December 2024, the Cabinet of Ministers adopted amendments (“Amendments”) to Cabinet of Ministers Regulation No. 55 of 28 January 2014 “Regulations on the Employment of Foreigners”, establishing stricter procedures for attracting foreign labour.
The Amendments establish an obligation for an employer who plans to employ third-country nationals to not only publish a notice of vacancy with the Employment Agency before applying to the OCMA, but also to receive an opinion from the Employment Agency on the necessity of employing a foreigner. In order to receive an opinion from the Employment Agency, the employer should justify the reason for the vacancy (for example, termination of employment relations with a previous employee, expansion of the employer, creation of new products or services) and to cooperate with the Employment Agency in the process of selecting suitable candidates. The employer should evaluate the candidates proposed by the Employment Agency, and, in the event of rejection of candidates available on the Latvian labour market, should provide justification for the rejection of these candidates.
Within ten business days of publishing the vacancy, the Employment Agency should issue an opinion to the employer regarding the necessity of employing a foreigner, if the vacancy has not been filled and the employer has cooperated with the Employment Agency in the process of selection of suitable candidates. Upon receipt of the Employment Agency’s opinion, the employer will be entitled to apply to the OCMA for approval of an invitation to request a visa or a temporary residence permit for a foreigner. The employer will be entitled to contest a refusal from the Employment Agency regarding employment of a foreigner by submitting an application to the director of the Employment Agency and making a legal appeal in accordance with the procedures specified in the Administrative Procedure Law.
The Amendments also determine the cases when the Employment Agency’s opinion will not be required for the employment of foreigners. For example, the Amendments, as before, will not affect the employment of foreigners intended to be employed as highly qualified foreigners with a European Union Blue Card, to whom OCMA grants the right to employment without a vacancy needing to be published at the Employment Agency. Similarly, the Employment Agency’s opinion will not be required when employing an employee who has been transferred between companies within a single group; a foreigner who had been continuously employed by another employer in the Republic of Latvia for at least two years prior to submitting the application for the invitation; a foreigner who, while continuing employment with the same employer, is changing their speciality; or a foreigner who had been employed by the employer during their studies at a higher education institution in the Republic of Latvia and after graduation is continuing employment with the same employer; as well as in other cases specified in the Amendments.
The aforementioned will likely not only prolong the process of recruiting a new employee, but also increase the administrative burden on the employers, including for those who need to recruit employees with specific knowledge and experience, by requiring them to evaluate all potential candidates and provide valid reasons for rejecting the candidates. Only after this process will the employer be entitled to apply to the OCMA for approval of the invitation.
The Amendments will enter into force on 1 January 2025.
