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. Aliens’ Passport
(1) An alien’s 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 alien’s passport may be issued to any alien sojourning
in Estonia, who has the right to a residence permit in Estonia.
The validity 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 Estonia’s international treaties. Aliens shall require an employment permit to
work in Estonia.
(2) Aliens shall apply for visas, residence
permits and employment permits from Estonia’s 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
or security 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
of a 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,
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.
Article 14.
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,
(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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