A foreign national has the right to appeal when a visa or local border traffic permit has been not been granted, or has been annulled or revoked by a diplomatic or consular mission of Latvia abroad to the Director of the Consular Department of the Ministry of Foreign Affairs.[1] However, it should be noted that the negative decision concerning issuance or annulment of the document remains in effect during any appeal process.
Lodging an appeal
Only the foreign national whose visa or local border traffic permit has been refused, annulled or revoked is entitled to contest the decision. In cases like this, inviting persons and/or a third party cannot file an appeal on behalf of the person in question.
Appeals must be submitted within 30 days following the notification of the decision, in written form in Latvian, Russian or English; they must be signed by the person appealing the decision either:
- at the diplomatic/consular mission of Latvia which has refused, annulled or revoked the visa or a local border traffic permit, or
- at the Consular Department of the Ministry of Foreign Affairs, Elizabetes iela 57, Rīga, LV-1050, Republic of Latvia.
Appeals can be submitted
- in person;
- by post; or
- by electronical means, if the appeal has been signed with a secure digital signature.[2]
Submission of an application acting through an authorised representative
If a person is being represented by a legal representative in making an appeal, a notarised power of attorney should be attached to the application.
For a power of attorney which has not been issued in the member states of the European Union, the European Economic Area or in Switzerland:
- the document must be legalised at the Consular Department of the Ministry of Foreign Affairs of the Republic of Latvia or a diplomatic or consular mission of Latvia accredited to the respective country, or
- have its authenticity certified with an Apostille by a competent institution of the respective country[3].
On certifying the authenticity of documents, consult the information found here.
If a foreign national is being represented by a lawyer practicing in Latvia, a written power of attorney without a notarial certification should be attached to the appeal letter.
Review of an appeal
Within 30 days after receiving the appeal, the Director of the Consular Department takes a decision on whether the decision by an officer of the diplomatic/consular mission remains in force, or whether it should be repealed fully or in part.
The director’s decision is issued in the Latvian language and is supplemented by a clarification in English, in cases where the application has been submitted in a foreign language.
The decision of the Director of the Consular Department can be appealed in court in the Republic of Latvia. A court ruling on visas or local border traffic permits is final and irreversible, and cannot be appealed.
[1] Section 4; Section 17, Paragraph 3 of Immigration Law
[2] Section 26 of Electronic Documents Law
[3] Sections 10, 11 and 12 of Document Legalisation Law