Unofficial Translation

Version adopted by the Riigikogu

Subject to proclamation by the

President of the Republic

 

 

LAW ON ALIENS

 

 

Proceeding from the rights and liberties arising from the Republic of Estonia Constitution,

 

considering that universally recognised-principles and norms of international law are an inseparable part of the Estonian legal system,

 

based on the need to provide aliens residing in Estonia with an internationally recognised status and to determine the duties of aliens,

 

desirous of creating a sense of security, through law, for aliens both temporarily and permanently residing in Estonia, the following Law has been adopted.

 

 

Chapter I

 

GENERAL PROVISIONS

 

Article 1.†††† Sphere of Regulation

 

This Law shall regulate the entry of aliens into Estonia, the sojourn, residence and employment of aliens in Estonia and the bases for the legal liability of aliens.

 

Article 2.†††† Authorized Authorities

 

The legal procedures stipulated in this Law shall be

carried out by state authorities authorised by the

††††† Government of the Republic.

 

Article 3.†††† Alien

 

For the purposes of this Law, an alien shall be any person who is not an Estonian citizen.

 

Article 4.†††† Permanent Resident

 

(1)A permanent resident shall be any Estonian citizen residing in Estonia or any alien residing in Estonia, who is in possession of a permanent residence permit.

 

(2)The definition of a permanent resident for the purposes of this 

     Law shall not extend to legal acts which were adopted prior to 

     the entering into force of this Law.

 

 

Article 5.†††††† Rights and Duties of Aliens

 

(1)Aliens in Estonia shall be guaranteed rights and liberties equal to those of Estonian citizens, if not otherwise established in the Constitution, this Law, other legal acts or Estonia's international treaties.

 

(2)Aliens shall be guaranteed all rights and liberties arising from the universally recognised norms of international law and international practice.

 

(3)Aliens in Estonia shall be obligated to respect Estonia's constitutional system and to observe Estonia's legal acts,

 

 

 

Chapter II

 

IMMIGRATION QUOTA

 

 

Article 6.†††††† Immigration Quota

 

(1)The annual immigration quota shall be the immigration quota for aliens into Estonia, which may not exceed 0.1% of Estonia's permanent population. The immigration quota shall be established by the Government of the Republic, taking into consideration the recommendations of the local government.The Government of the Republic, in individual cases, may exceed the current immigration quota for a specific person, at the expense of the subsequent year's immigration quota.

 

(2)Every Estonian shall have the right to settle in Estonia outside of the immigration quota.

 

 

 

Chapter III

 

PASSPORT REQUIREMENTS

 

 

Article 7.†††††† Identity Documents for Aliens

 

All aliens entering and sojourning in Estonia must be in possession of a valid passport or other equivalent document.The alien's valid passport or other equivalent document must prove his or her right to sojourn in Estonia.

 

Article 8.††††††† Aliensí Passport

 

(1)An alienís passport may be issued to any alien who is not in

†††† possession of a passport or other equivalent document,

†††† in accordance with procedures established by the Government

†††† of the Republic,

 

(2) An alienís passport may be issued to any alien sojourning

in Estonia, who has the right to a residence permit in Estonia.† 

 Thevalidity of the alien's passport must not exceed the 

 validity of the residence permit. Alien's passports shall be   

 valid for a period of up to five years.

 

(3)The application for an alien's passport shall be made at the same time as the application for a permanent residence permit.

 

(4)Any alien who applies for an alien's passport shall be issued such passport if he or she is unable to obtain the passport of other equivalent document of his or her country of origin.

 

 

Chapter IV

VISAS, RESIDENCE PERMITS AND EMPLOYMENT PERMITS

Article 9.††††††††† General Bases

(1) Aliens shall enter and shall lawfully sojourn in Estonia on the basis of a visa or a residence permit, if not otherwise established in Estoniaís international treaties.Aliens shall require an employment permit to work in Estonia.

 

(2)Aliens shall apply for visas, residence permits and employment permits from Estoniaís for-3ign missions.Exceptions may be made by the Government of the Republic.

 

(3)Any alien sojourning in Estonia may apply for the extension of a visa, residence permit or employment permit, in accordance with procedures established by the Government of the Republic.

 

(4)Aliens shall be obligated to exit Estonia upon the expiry or voidance of the visa or residence permit.

 

(5)Any alien who is lawfully sojourning in Estonia shall have the right to appeal a decision to refuse to extend or to prematurely terminate his or her residence permit or employment permit, as well as a decision for his or her expulsion, to the authorised state authority, and to bring a case before the courts.

 

 

Article 10.†††† Visas

 

The categories of visas and procedures for issue shall be established by the Government of the Republic.The Government of the Republic shall equally be responsible for the conclusion of treaties on visa-free travel.

 

 

Article II.††††† Residence Permits

 

Residence permits shall be:

1) temporary, which shall be issued for a period of up to five 

     years; 

2)permanent, which shall be renewed once every five years.

 

 

Article 12.††††† Bases for the Issue of Residence Permits

 

(1)A temporary residence permit may be issued to any alien:

1) for employment under an employment contract together with an employment permit;

2) for study in an educational institution, on the application of the educational institution; 3) to settle in Estonia at the residence of an immediate family member;

4)  who has a lawful income sufficient to support himself or herself.

 

(2)Any alien who is married to a permanent resident of Estonia may be issued a temporary residence permit, which, after the first three years, shall be extended annually for each

subsequent year, if the marriage is not divorced.

 

(3)A permanent residence permit may be issued to any alien who has resided in Estonia on the basis of a temporary residence permit for no less than three years during the previous five years and who has a place of residence and employment or other lawful income sufficient to support himself or herself.

 

(4)A residence permit shall not be issued to any alien;

 

1)who has provided false information on an application for

         visa, residence permit or employment permit; 

      2) who does not respect he constitutional system and does not 

         observe Estonia's legal acts.; 

      3) who with his or her actions has compromised Estonia's 

         national interests or international reputation; 

      4) who has committed a criminal offense, for which he or she 

         has been sentenced to imprisonment for a period exceeding 

         one year;

5)who is employed or has been employed by the intelligence

        orsecurity service of a foreign state;

6)who is in the active service of the armed forces of a

        foreign state;

7)who has served in a career position in the armed forces

           ofa foreign state or has entered the reserve forces or

                         retired from a career position In the armed forces of A 

          foreign state, nor to his or her family members,

                         have entered Estonia†† in†† conjunction†† withthe††     

          service or retirement of a member of such armed forces.

 

(5)Exceptions may be made for aliens listed in paragraph 4 of this Article, in accordance with procedures established by the Government of the Republic.

 

 

Article 13.†††† Employment Permits

 

(1)An employment permit may be issued to any alien for employment with a specific employer, on the application of the employer, for a period of up to five years.

 

(2)††If a residence permit is issued in conjunction with an

employment contract, premature termination of the

employment contract with the specific employer shall bring

about the voidance of the employment permit and, after

three months, of the residence permit.

 

(3)if the alien has no lawful means of support, the residence permit shall be voided at the same time as the employment permit.

 

(4)Any alien who is in possession of a permanent residence permit shall not require an employment permit.

 

Article14.†††† Expiry and Voidance of Residence Permits and

                                             Employment Permits

 

(1)Residence permits and employment permits shall expire on the date of expiry.

 

(2)Residence permits and employment permits may be voided, if the aliens

1) has provided false information on an application for a visa, residence permit or employment permit; 

2) does not respect the constitutional system and does not observe Estonia's legal acts;

3) with his or her action compromises Estonia's national interests and international reputation; 4) has committed a criminal offense, for which he or she has been sentenced to imprisonment for a term exceeding one year;

5)†††† enters the service of the armed forces of a foreign state or of the intelligence or security service of a foreign state, or participates in an armed formation or in the activities of an armed formation on the territory of a foreign state, or participates in an unlawful armed formation or its activities in Estonia.

 


Chapter V

NOTIFICATION AND LEGAL LIABILITY

Article I5.††††† Notification

(1)Aliens shall be obligated to Inform authorized state authorities of the following circumstances, which serves as a basis for his or her residence permit:

1)a change in his or her permanent residence;

2)premature termination of his or her employment contract;

3)changes to his or her marital status;

4)expulsion from an educational institution or termination

of studies.

 

(2)The following shall be obligated to Inform authorized state authorities of the following circumstances regarding an alien:

1) the employer: of the premature termination of the

employment contract;

2) the educational institution: of the expulsion of the student, of the completion or termination of studies; 

3) legal authorities: of.any violation of law within its authority;

4)the courts: of any punishment

5)  registry of marital status: of changes to marital status.

 

 

Article 14.†††† Legal Liability

 

(1)Any &lion, whose visa or residence permit has expired or has been voided, shall be issued an order to exit Estonia by a state authority authorized by the Government of the Republic.

 

     If the order is not fulfilled, the &lion shall be expelled 

     from Estonia.

 

(2)The order to exit Estonia or the order for expulsion from Estonia may bring about a temporary or permanent ban from entering Estonia.

 

(3)Any alien who unlawfully enters or is unlawfully sojourning in Estonia shall be expelled from Estonia.

 

 

 Chapter VI

 

FINAL PROVISIONS

 

 

Article 17.††††† Personal Code

 

Any alien, whose residence permit is valid for more than one year, shall be issued a personal code by a state authority authorised by the Government of the Republic.

 

 

Article 18.††††† Employees of Foreign Missions

 

The sojourn of employees of foreign diplomatic missions and consular posts and of their family members shall be regulated by international treaties and other acts of international law.

 

 

Article 19.††††† Residence Permits and Employment Permits Issued

           Prior to the Entering Into Force of This Law

 

(1)Residence permits and employment permits, which were issued before this Law enters into force and are entered in an internal passport of the former Union of Soviet Socialist Republics, shall be valid up to the date of expiry indicated on the permit, however for not more than two years after this Law enters into force.

 

(2)Residence permits and employment permits with a date of expiry exceeding two years after this Law enters into force, and which are entered in an internal passport of the former Union of Soviet Socialist Republics, shall be transferred into a travel passport or alien's passport.

 

 

Article 20. Applications for Residence Permits and Employment Permits for Aliens Who settled in in Estonia Prior to July 1, 1990

 

(1)Any alien who settled in Estonia prior to July 1, 1990 and who continues to sojourn in Estonia, who has permanent registration in the former Estonian SSR, but who lacks a residence permit and employment permit for lawful sojourn in Estonia, shall be obligated to file an application for such permits in accordance with procedures established by the Government of the Republic, within one year from the entering into force of this Law.

 

(2)If any alien who settled in Estonia prior to July 1, 1990 and who continues to sojourn in Estonia with the internal passport of the former Union of Soviet Socialist Republics, does not have a travel passport or alien's passport, the residence permit and employment permit, valid for no more than two years from the entering into force of this Law, shall beentered in an Internal passport of the former Union ofSoviet Socialist Republics, into which a, remark shall beentered by an authority of the respective state regarding the current citizenship of the alien, or A remark shall be entered by an Estonian authority that a decision has been made to issue an alien's passport to the alien.

 

(3)Any alien who settled in Estonia prior to July 1, 1990 and who continues to reside in Estonia shall sojourn in Estonia on the basis of permanent registration in the former Estonian SSR, and shall have all rights and duties of a permanent resident established in existing legal acts, until such time an he or she receives a residence permit, however for not longer than two years from the entering into force of this Law.

 

(4)If any alien, who settled in Estonia prior to July 1, 1990 and who continues to sojourn in Estonia on the basis of registration in the former Estonian SSR, has completed an application for Estonian citizenship and has presented a language examination certificate, within one year from the entering into force of this Law, he or she shall be issued a temporary residence permit until such time as a decision whether to grant citizenship is adopted.

 

(5)If any alien who applies for citizenship is refused citizenship, the question of his or her lawful sojourn in Estonia shall be resolved in accordance with procedures

established by the Government of the Republic.

 

(6)Any alien sojourning In Estonia with permanent registration in the former Estonian SSR may apply for a residence permit and employment permit with the state authority authorised by the Government of the Republic outside of the immigration quota.

 

(7)Any alien who by the prescribed due date has not applied for a residence permit shall be issued an order to exit Estonia.

 

(8)Any alien who within one year from the entering in@) force of this Law has not applied for an employment permit shall lose the right to work in Estonia.

 

Article 21. ††††† Obligation of Local Governments in the Processing  

                  of Residence Permits

 

The local government shall be obligated to monitor that the

residence permits of aliens sojourning on the territory of

the local government be processed within two years from the

entering into force of this Law.If this is not the case, the local 

government shall be obligated to inform the authorised state 

authority.

 

Article 22. †††† Obligation of the Employer in the Processing of 

                 Employment Permits

 

The employer shall be obligated to monitor that the employment permit of aliens in his or her employ be processed within two years from the entering into force of this Law.If this is not the case, the employer shall be obligated to dismiss the &lion, whereby the authorised state authority shall be informed.

 

Article 23. †††† Amendments to Existing Laws

 

As of the†† entering into force of this Law:

1) in the†† title and paragraph 4 of Article 171 of the Code

of Administrative Offenses (RT 1992, 29, 396; 1993, 7, 103; RT I 1993, 33, 539), the words "Immigration Law" shall be substituted with the worlds "Law on Aliens", and in paragraphs 1, 2, and 3 of Article 171, the words "work permit" shall be substituted with the words "employment permit", in the corresponding grammatical case. 2) in paragraph 4 of Article 15 of the "Law on Churches and Congregational' (RT 1 1993, 30, 510), the words "Republic of Estonia Immigration Law" (RT 1990, 2, 25) shall be substituted with the words "Law on Aliens";

2) the "Republic of Estonia Immigration Law" (RT 1990, 2,

25)of June 26, 1990 shall be null and void.

 

 

Article 24.†††††† Entering into Force of this Law

 

This Law shall enter into force an of the day of its publication in the Rilgi Teataja.

 

 

 

 

 

 

 

 

chairman of the Riigikogu††††††††††††††††† ††††††U. Nugis

Tallinn, June 21, 1993

 

 

 

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