The Constitutional Court (ST) of Latvia upheld the constitutionality of the recently imposed requirement for citizens of the Russian Federation, formerly holding permanent Latvian residence permits, to demonstrate proficiency in the Latvian language in order to stay in the country. 

The case was brought by citizens of the Russian Federation directly affected by recent amendments to the country's immigration law including this language requirement, who argue that they are receiving unequal treatment in comparison with other former Latvian citizens who were able to retain their residence permits. They also argue that their right to privacy and the principle of protection of legal expectations have been violated.

ST disagreed, noting that the amendments established new legal grounds for extending residence permits insofar as the subject is motivated to comply. Furthermore, the state holds the right to amend its immigration policy in light of external threats, which were deemed proportionate in the context of Russian information warfare. Additionally, the court noted that the state must protect the national language, which is the basis for common communication and democratic participation.

The Immigration Law was amended in September 2022, obliging former Latvian citizens - or non-citizens who have adopted Russian citizenship - to prove their Latvian language proficiency at A2 level via an examination, in order to retain their residence permits. Approximately 18 000 Russian citizens have been affected by the amendments, of whom nearly 6 000 have passed the examination, 6 000 are eligible to retake it, and 985 have been issued expulsion notices because they failed to meet the 31 December 2023 deadline for submission of documents necessary to obtain a permanent residence permit.

The Office of Citizenship and Migration Affairs (PMLP) will continue reviewing each application to retain a residence permit individually. As stated by the Immigration Law, 30 March is the deadline for citizens of the Russian Federation to submit the required documents for the 2-year temporary residence permit.