Consequences of entering without a legal ground

What can happen if you enter Latvia without valid authorisation?

Criminal punishment

Crossing the border irregularly can result in criminal punishment. According to the Criminal Law, intentional illegal crossing of the state border of Latvia is punishable by up to two years of imprisonment if it was committed either:

  • by a person on whom the prohibition to enter the Republic of Latvia has been imposed
  • by a group
  • by using a vehicle

Exception in case of refugees

The Convention Relating to the Status of Refugees obliges states to make an exception in cases of refugees who are escaping from persecution. It forbids states from imposing penalties for illegal entry on refugees who enter the territory without authorisation, coming directly from a territory where their life or freedom was threatened. In this case, the authorities cannot expel you before processing your asylum application. Read more about asylum.

Precept to leave

If you have no legal ground to stay in Latvia otherwise, the Office of Citizenship and Migration Affairs and State Border Guard will issue you with a precept to leave. You may be given a voluntary deadline for leaving or be issued an immediately enforceable precept to leave. The precept usually also includes an entry ban for a certain period of time. The expulsion procedure and your rights during the procedure are outlined in the Immigration Law. You have the right to challenge both the precept to leave and the entry ban through the Administrative Court. Read more about how to challenge unfair expulsion.

Detention

In some cases, the authorities may place you in a detention centre in order to enforce your expulsion. Read more about the grounds and conditions of detention.

Resources

Last updated 27/03/2024