Non-citizens (Latvia)

Non-citizens or aliens (Latvian: nepilsoņi) in Latvian law are individuals who are not citizens of Latvia or any other country, but who, in accordance with the Latvian law "Regarding the status of citizens of the former USSR who possess neither Latvian nor other citizenship," have the right to a non-citizen passport issued by the Latvian government as well as other specific rights. Approximately two thirds of them are ethnic Russians, followed by Belarusians, Ukrainians, Poles, and Lithuanians.^[1]

The non-citizens are "citizens of the former USSR (...) who reside in the Republic of Latvia as well as who are in temporary absence and their children who simultaneously comply with the following conditions: 1) on 1 July 1992 they were registered in the territory of Latvia regardless of the status of the living space indicated in the registration of residence, or up to 1 July 1992 their last registered place of residence was in the Republic of Latvia, or it has been determined by a court judgment that they have resided in the territory of Latvia for 10 consecutive years until the referred to date; 2) they are not citizens of Latvia; and 3) they are not and have not been citizens of another state." Moreover, "children of [the aforementioned] if both of their parents were non-citizens at the time of the birth of the children or one of the parents is a non-citizen, but the other is a stateless person or is unknown, or in accordance with the mutual agreement of the parents, if one of the parents is a non-citizen, but the other – a citizen of another country."^[2]

Children born after Latvia reestablished independence (August 21, 1991) to parents who are both non-citizens were entitled to citizenship upon request of either parent until 2020. Since January 1, 2020, Latvian citizenship is granted automatically to all children born in Latvia no matter what status their parents have (citizens or non–citizens). Children born in Latvia receive either Latvian citizenship or citizenship of another country if both parents agree on that other citizenship. The default is Latvian citizenship for all children born to Latvia-resident parents. If the child is born outside Latvia or one of the parents is a citizen of another country, the parents have to submit an application and documents certifying that the child is not and has not been a citizen of any other country in order to be recognized as a Latvian citizen.^[3]

Sources such as Amnesty International have described non-citizen status as tantamount to statelessness.^[4]^[5]^[6]^[7] However, the European Commission contends that the status of non-citizen in both Latvia and Estonia is unique and has not existed previously in international law.^[8]

The "non-citizens" of Latvia are permitted to travel to both the Schengen Area and Russia without a visa, a right not afforded to Latvian citizens (see Visa requirements for Latvian non-citizens). However, the "non-citizens" are allowed to stay in other Schengen Area countries for no more than 90 days within any 180-day period (whereas Latvian citizens can stay indefinitely in any Schengen or EU country). Moreover, the "non-citizens" cannot legally work in other EU countries without a work permit.^[9]

^ Population of Latvia by ethnicity and nationality; Office of Citizenship and Migration Affairs Archived March 22, 2021, at the Wayback Machine 2021(in Latvian)
^ "Section 1 and Section 8, Law "On the Status of those Former U.S.S.R. Citizens who do not have the Citizenship of Latvia or that of any Other State"". Archived from the original on November 10, 2017. Retrieved June 28, 2017.
^ "No more "non-citizens" to be born in Latvia from 2020". Public Broadcasting of Latvia. October 19, 2019. Archived from the original on March 1, 2021. Retrieved February 26, 2021.
^ see para. 16 of the Resolution on national minorities Archived September 24, 2015, at the Wayback Machine OSCE PA, 2004
^ Amnesty International 2009 Report Archived June 10, 2009, at the Wayback Machine
^ "No one should have to be stateless in today's Europe". Archived from the original on March 31, 2012. Retrieved January 11, 2009.
^ Report on mission to Latvia (2008) Archived March 3, 2016, at the Wayback Machine, UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance — see Para. 30 and 88
^ Synthesis Report: Conclusions and Recommendations on the Situation of Fundamental Rights in the European Union and its Member States in 2003 (PDF). EU Network of Independent Experts on Fundamental Rights. February 4, 2004. p. 90. Retrieved March 17, 2022.
^ "Latvian & Estonian "non-citizens:" visa-free travel for most of EU-27". Workpermit.com. January 2, 2007. Archived from the original on April 28, 2021. Retrieved February 26, 2021.

[pmlp.gov.lv-1] Population of Latvia by ethnicity and nationality; Office of Citizenship and Migration Affairs Archived March 22, 2021, at the Wayback Machine 2021(in Latvian)

[2] "Section 1 and Section 8, Law "On the Status of those Former U.S.S.R. Citizens who do not have the Citizenship of Latvia or that of any Other State"". Archived from the original on November 10, 2017. Retrieved June 28, 2017.

[3] "No more "non-citizens" to be born in Latvia from 2020". Public Broadcasting of Latvia. October 19, 2019. Archived from the original on March 1, 2021. Retrieved February 26, 2021.

[osce2004-4] see para. 16 of the Resolution on national minorities Archived September 24, 2015, at the Wayback Machine OSCE PA, 2004

[AmnInt-5] Amnesty International 2009 Report Archived June 10, 2009, at the Wayback Machine

[CoECfHR-6] "No one should have to be stateless in today's Europe". Archived from the original on March 31, 2012. Retrieved January 11, 2009.

[UNSR-7] Report on mission to Latvia (2008) Archived March 3, 2016, at the Wayback Machine, UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance — see Para. 30 and 88

[EUNet-8] Synthesis Report: Conclusions and Recommendations on the Situation of Fundamental Rights in the European Union and its Member States in 2003 (PDF). EU Network of Independent Experts on Fundamental Rights. February 4, 2004. p. 90. Retrieved March 17, 2022.

[9] "Latvian & Estonian "non-citizens:" visa-free travel for most of EU-27". Workpermit.com. January 2, 2007. Archived from the original on April 28, 2021. Retrieved February 26, 2021.

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