Ilona Bērziņa, BNN
On Wednesday, the 5th of April, the Saeima will decide on amendments to the Immigration Law that have caused a major response from residents. The parliament will be viewing amendments in the second and final reading. As usual, the language topic is hugely polarising for members of Latvia’s society.
Some of the Russian citizens that hold permanent residence permits in Latvia and those who sympathise with them believe the requirement for mandatory knowledge of the state language is unfair and otherwise bad. People on the other side of the barricade, who believe people who disrespect Latvia and its language, have only one direction to go – luggage, train station, Russia.
The requirement for Latvian language for some (not all!) Russian-speaking residents in Latvia has always been a hot potato. They cannot say they can make do without Latvian language at all, but they cannot drop Russian language entirely either.
The culmination of this opposition was the language referendum of 2012, which was attended by 1.087 million or 70.37% of citizens. They were asked whether they want to see Russian language as the country’s second official language. 74% of citizens voted against, 24.88% voted in favour. The post-referendum euphoria implied this would be the end of it. This thought was further reinforced in 2014, when the legislator added to the Constitution a new article, making Latvian language as the only state language.
Just leave – like anywhere in Europe
Nevertheless, efforts of certain groups of residents to restore Russian language’s lost positions have not stopped for a moment. For years people have cultivated confidence about «the Russian world’s» greatness. And these efforts have not gone without consequences. There are many representatives of other nationalities who have no plans to learn Latvian language.
Now that it is necessary to submit to the Office of Citizenship and Migration Affairs (PMLP) a certificate proving one’s knowledge of the state language, many of those people now promote the myth that many Russian and Belarusian pensioners will be deported in droves. There are already many misleading teary-eyed stories on social media. It is expected their numbers will only increase further. People who didn’t want to or couldn’t learn Latvian language while living in Latvia their whole life are unlikely to do it now either. Some of them might even focus on stories about human rights violations or distribute fabricated stories.
Currently the Immigration Law provides for the option to reject or annul residence permits under certain conditions.
Sections 34, 35 and 36 of this law permit rejection of registration of permits if a foreigner has publicly glorified, denied or justified genocide, crimes against humanity, crimes against peace, war crimes; has provided any form of support to persons or states that undermine or threaten the territorial integrity, sovereignty and independence of democratic states; has acted contrary to the interests of national security or public order and security.
In Latvia – similarly to any other country – foreigners are allowed to stay only if they have a valid visa, residence permit or permanent residence permit. Saeima deputy Jānis Dombrava wrote on Twitter recently: «Persons who have lost the right to legally stay in the country have a duty to leave the country on their own. If foreigners stay in a country without a valid residence document, they can receive help in leaving. This practice is employed in all European countries.»
What about PMLP and VISC capacity?
So far it seems that the amendments passed last year to the Immigration Law really were, quoting Saeima deputy Atis Švinka – legally incorrect garbage. Unfortunately, it seems the 13th Saeima did not think much about their actual implementation. Perhaps they didn’t know how many Russian citizens there are in Latvia.
If this is the case, Ombudsman Juris Jansons has done their homework for them. He reported in a letter to PM Krišjānis Kariņš that «the biggest number of Russian citizens in Latvia is concentrated in Riga (11 115 people), Daugavpils (3 381 people), Liepaja (3 055 people), Ventspils (1 115 people), Jurmala (843 people), Jelgava (744 people), Augšdaugava (530 people), Krāslava (445 people), Olaine (436 people), Salaspils (375 people).»
Additionally, of these 25 317 Russian citizens, 44% are 65 to 75 years of age. Without a doubt nearly all of them will submit documents to receive EU permanent resident status. PMLP and the State Centre for Education (VISC) have no doubts their capacity isn’t enough to process all applications and organise language exams by the 1st of September.
Extension of the term won’t help much, because there is another problem on the horizon – lack of funding. According to publicly available information, PMLP requires funding of EUR 1 836 140 for this purpose this year, EUR 1 751 088 in 2024 and EUR 1 622 990 in 2025. VISC requires funding a little over EUR 1 million.
Let’s not forget that
there is a high risk of corruption with the issue of residence permits to Russian citizens.
Closing eyes and pretending there are no risks would be naive and foolish. Control is needed, and it costs money. But there is no money. In this case the ombudsman’s suggestion – to relieve people 65 years of age or older from the duty to take the exam – could help save the situation.
Another curious nuance. According to Cabinet of Ministers requirements On State Language, examination procedures and the state fee for state language exam, person suffering from mental or behavioural disorders, as well as persons who received appropriate education can be exempt from taking the exam.
The list is long – there are names of 109 illnesses mentioned in regulations. Considering that this topic is very hot at the moment, the country’s psychiatric sector is likely to experience a sharp surge of new patients.
Is there no way to avoid violating the Constitution?
While Saeima deputies are busy preparing their opinions about amendments to the Immigration Law, the Constitutional Court is busying itself with four constitutional complaints received over these amendments. Three for the compliance of Section 58 of the Immigration Law with the Constitution. The other one is for the possible non-compliance of amendments to the European Convention on Human Rights.
As TV24 programme Ziņu TOP was told by former chairman of the Constitutional Court and 14th Saeima deputy Gunārs Kūtris – people who challenge the regulation have very good chances of winning in court.
Even the ombudsman has concluded that the aforementioned amendments present a risk of violation of Article 91 of the Constitution of the Republic of Latvia, because Latvian citizens and non-citizens have the right to receive third country citizenship and still receive a residence permit, but the requirement to present a certificate for knowledge of the state language, as well as proof of having stable and regular income is presented only to people of Russian citizenship.
According to the ombudsman, there are multiple risks, but this is exactly the reason why the Constitutional Court could declare amendments to the Immigration Law as non-compliant with the constitution.
Also read: BNN IN FOCUS | Saeima holds heated debates about Russia citizens: «to deport or not to deport?»