When hiring a third-country national, a Latvian employer must follow certain procedures, including obtaining an opinion from the State Employment Agency (SEA) on the lack of suitable candidates on the Latvian labour market. This process is regulated by the Immigration Law and its subordinate legislation.
Which jobs require an SEA opinion?
- General principle:
The SEA’s opinion is mandatory for most positions where a third-country national is to be employed. - Exceptions:
No opinion is required if:- The post is included in the list of professions approved by the Cabinet of Ministers that do not require a vacancy announcement (e.g. highly skilled IT specialists, start-ups, etc.).
- They are looking for a company manager or a member of the Supervisory Board.
- Seasonal work is provided if provided for in the legislation.
- The current list of exemptions is available on the Cabinet Office website (list).
What is an SEA opinion?
An SEA opinion is an official document confirming that no suitable candidate has been found on the Latvian labour market at the time the vacancy was advertised. Only after receiving this opinion can an employer start to issue an invitation to a foreign worker.
How to get an SEA opinion: step by step
- Posting a vacancy on the PES portal
When posting a vacancy in the PES system, all the job and qualification conditions must be specified, as well as:- It should be noted that the vacancy is for a third-country national (tick the box on the PES portal).
- Evaluation of candidates
The employer must assess all applicants, get feedback from them (phone call, interview) and make sure that none of them is suitable for the position.
This is done to justify bringing in a foreign worker because there is no suitable person on the local labour market. - Waiting for an SEA decision
Within a set timeframe (usually 10-15 working days), the SEA gives its opinion:- If the opinion is positive, the employer can go ahead and issue an invitation to the foreign worker.
- In the event of a negative opinion, the vacancy must be filled by a local candidate.
Important to know
– The notice must be published at least 10 working days before the opinion can be received.
– The employer must keep evidence of contact with all candidates.
– In case of procedural irregularity or formal application, registration of the call may be refused.
Legal support
Our specialists help you to process and advertise the vacancy, get the SEA’s opinion, and complete the paperwork until the foreign worker is invited. Contact us for advice or full support in employing foreign workers.
