UNOFFICIAL TRANSLATION
(Date of release 1 February 1995)
LAW ON CITIZENSHIP
Adopted by the Riigikogu on 19 January 1995
Proclaimed as Law by the President of Estonia
31 January 1995
CHAPTER I
General Provisions
Article 1.
(1) An Estonian
citizen shall be any person who at the time this Law enters into force is an
Estonian citizen or any person who has acquired, received or restored Estonian
citizenship on the basis of this Law.
(2) An
Estonian citizen may not simultaneously be the citizen of another state.
Article 2. Acquisition, Receipt, Restoration and Loss of Estonian Citizenship
(1) Estonian citizenship:
1) shall be acquired by birth;
2) shall be received through naturalization;
3) shall be restored to any person who has lost Estonian
citizen as a minor;
4)
shall be lost through release from or revocation of Estonian citizenship or upon acceptance of
the citizenship of another state.
(2) Estonian citizenship shall be acquired, received,
restored and lost under the conditions and
according to the procedures established in this
Law.
Article 3.
Avoidance of Multiple Citizenship
Any
person who by birth in addition to Estonian citizenship acquires the citizenship
of another state must within three years after attaining the age of eighteen
years renounce either Estonian citizenship or the citizenship of another state.
Article 4. Citizenship Certificate
(1) Every
person who receives Estonian citizenship or to whom it is restored shall be
issued a citizenship certificate in accordance with procedures established in
this Law.
CHAPTER II
Conditions for Acquiring and Receiving Estonian Citizenship
Article 5. Acquiring Estonian Citizenship by Birth
(1) Estonian citizenship shall be acquired by
birth by:
1) any child whose at least one parent is an
Estonian citizen at the time of the
child's birth;
2) any
child who is born after the death of his or her father, if the father at the time of his death was an Estonian citizen.
(2) Any child found in Estonia, whose parents are unknown, shall, at the request of the child's legal guardian or a guardianship agency, be recognized by a court of law to have acquired Estonian citizenship by birth, if it is not proven that the child is the citizen of another state.
(3)
No person may be deprived of
Estonian citizenship acquired by birth.
Article 6.
Conditions for Receiving Estonian Citizenship
An alien who wishes to receive
Estonian citizenship must:
1) be at least fifteen years of age;
2) have lived in Estonia on the basis of a
permanent residence permit for no less than five years prior to the date on
which an application for Estonian citizenship is submitted and for one year
from the date following the date of registration of the application;
3) have
knowledge of the Estonian language in
accordance with the requirements established
in
Article 8 of this Law;
4) have
knowledge of the Estonian Constitution and the Law on Citizenship, in accordance with the
requirements established in Article 9 of this
Law;
5) have
permanent lawful income sufficient to support himself or herself and his or her
dependents;
6) be loyal to the state of Estonia;
7) take an oath: "In applying for Estonian
citizenship, I swear to be loyal to the constitutional state system of
Estonia".
Article 7. Permanent Lawful Income
The following shall be considered as permanent
lawful income:
1)
lawfully gained income from employment, service or a contract or membership arising from civil law;
2)
income received from lawful commercial activity or property;
3)
pension payments;
4) stipends;
5) living allowance;
6) state
support payments, including unemployment
benefits and child support benefits;
7)
support
from a family member with permanent lawful income
in Estonia.
Article 8. Requirements and Assessment of Knowledge of the Estonian Language
(1) For the purposes of this Law, knowledge of
the Estonian language shall be a general knowledge of the Estonian language,
required for day to day life.
(2) The requirements for knowledge of the
Estonian language shall be as follows:
1) listening comprehension (official statements
and announcements; notices of danger and
warnings, news, description of events and
explanations);
2) conversation (conversation and narration, use
of questions, explanations, assumptions and
commands, expressing one's opinion,
expressing one's wishes);
3)reading comprehension (public statements
and
announcements, public notice, news, sample
form, journalistic article, message,
catalogue, user's instructions, traffic
information, questionnaire, report,
guidelines);
4)writing (applications, letter of authority,
letter of explanation, curriculum vitae,
questionnaire, standard form, completing a
test).
(3)
Knowledge of the Estonian language shall be assessed
through an examination. Procedures for
holding the examinations shall be established by the Government of the
Republic.
(4)
A certificate shall be issued to all persons who
successfully complete the examination.
(5)
Any person who has completed basic, secondary or
higher education in the Estonian language shall not be required to complete the
examination.
Article 9. Requirements for and Assessment of Knowledge of the Constitution and the Law on Citizenship
1) Any person who wishes to receive Estonian
citizenship must have a knowledge of:
1)
the general precepts of Estonials state system, as
2)
established in Chapters I and III of the Republic of
Estonia Constitution;
3)
the basic rights, freedoms and duties of all
4)
persons as established in Chapter II of the Republic
of Estonia Constitution;
5)
the authority of the Riigikogu, the President
of the Republic, the Government of the
Republic and the Courts as established
in
the Republic of Estonia Constitution;
6)
the conditions and procedures for acquiring,
receiving, restoring and losing Estonian
citizenship in accordance with the Law
on Citizenship.
(2)
Knowledge of the Constitution and the Law on
Citizenship shall be assessed through an examination, which shall be held in
the Estonian language. Procedures for
holding the examination shall be established by the Government of the Republic.
(3)
A certificate shall be issued to all persons who
successfully complete the examination.
Article 10. Receiving Estonian Citizenship for Special Service
(1) The requirements
established in points 2-4, Article 6 of this Law may be disregarded in regard
to a person who is lawfully and permanently in Estonia and who has performed a
special service to the state of Estonia.
(2) Special
service shall be accomplishments in science, culture, sports or some other
sphere, which have contributed to Estonials international reputation.
(3) Estonian citizenship for special service may be
given to no more
than five persons
in any one year.
(4) Any member of the Government of the Republic may
make a proposal to grant Estonian citizenship for
special service.
(5) The granting of Estonian citizenship for special
service must be justified by the Government of the
Republic.
Article 11. Permanent Residence in Estonia
For
the purposes of this Law, permanent residence in Estonia shall be the lawful
stay in Estonia for no less than one hundred and eighty-three days in a year,
whereby absence from Estonia may not exceed ninety consecutive days.
Article 12. Documents to be Submitted for Receiving Estonian Citizenship
(1) To receive
Estonian citizenship, a person shall submit an application for Estonian
citizenship, personally written in Estonian, which shall include the following:
1) given name and surname;
2) information on any changes to the given name or
surname;
3) date and place of birth;
4) native language;
5) citizenship;
6) place of residence;
7) oath, in accordance with point 7, Article 6 of
this Law;
8) signature.
(2) In addition to the application, the person
shall submit:
1) two photographs (4 x 5 cm);
2) documents attesting to identity and
citizenship;
3) a document attesting to the fact that the
person is in Estonia in accordance with the conditions
established in this Law;
4)
a personally written curriculum vitae, in Estonian, which
indicates the applicant's employment history, the date and circumstances under
which the applicant entered Estonia, persons who entered with the applicant,
marital and parental status and any changes therein which occurred during
residence in Estonia, all previous places of residence in Estonia, data on
immediate family members, the applicant's relations with military, intelligence
or security organizations of foreign states; For a person born in Estonia, the
date and circumstances under which the person's parents settled in Estonia;
5) documents attesting to education and
employment history;
6) proof of lawful permanent income;
7) certificate attesting to knowledge of the
Estonian language, in accordance with Article 8 of this Law
or proof of completion of basic, secondary or higher Education in Estonian;
8) certificate attesting to knowledge of the
Constitution and the Law on Citizenship, in
accordance with Article 9 of this Law;
9) receipt of payment of the state fee.
CHAPTER III
Conditions for Receiving Estonian Citizenship as a
Minor
Article 13. Receipt of Estonian Citizenship as a Minor
(1) A minor under the age of fifteen years shall
receive Estonian citizenship if such application is
made by the minor's parents who are Estonian citizens,
or on the notarized agreement of a parent who is an
Estonian citizen and a parent who is not an Estonian
citizen, or by the single parent of a minor or the
adoptive parent, who is an Estonian citizen, of a
minor.
(2) Any minor under the age of fifteen years for whom
an application for Estonian citizenship is made in
accordance with paragraph 1 of this Article must
reside in Estonia permanently and must be released
from his or her current citizenship or be recognized
as a stateless person or it must be proven that the
minor shall be released from his or her current
citizenship upon receipt of Estonian citizenship.
(3) Any minor
under the age of fifteen years, whose parents are deceased, have been declared
missing persons or declared mentally incompetent, or whose parents have been
deprived of their parental rights, shall receive Estonian citizenship on the
application of a guardianship agency or the minor's legal guardian, who is an
Estonian citizen, if the minor is in Estonia permanently and it is not proven
that the minor is the citizen of another state or it is proven that the minor
shall be released from the citizenship of another state upon receipt of
Estonian citizenship.
Article
14. Receipt of Estonian Citizenship as a
Minor Together with a Parent or Adoptive Parent
Any
minor under the age of fifteen years shall receive
Estonian citizenship together with a parent or
adoptive parent who is applying for Estonian citizenship on the application of
the parents or the single parent of the minor or the adoptive parent, if the
minor is in Estonia permanently and has been released from his or her current
citizenship or shall be released from it upon receipt of Estonian citizenship,
or has been recognized as a stateless person.
Article 15. Documents to be Submitted for Receiving Estonian Citizenship as a Minor
(1) The
application for Estonian citizenship for a minor under the age of fifteen years
in the cases established in Article 13 or 14 of this Law must include:
1) the minor's given name and surname, date and
place of birth;
2) given name and surname, date and place of birth
of the parents, adoptive parent or legal
guardian;
3) place of residence of the minor, the minor's
parents, adoptive parent or legal guardian;
4) citizenship of the minor, the minor's
parents, adoptive parent or legal
guardian;
5) signature of the minor's parents, adoptive
parent or legal guardian.
(2) The application shall be supplemented with:
1) two photographs of the minor (4 x 5 cm);
2) the minor's birth certificate or document
attesting to identity and citizenship.
Chapter IV
Requirements for Restoring Estonian Citizenship
Article 16. The Right to Restore Estonian Citizenship
(1) Every person who as a minor lost Estonian
citizenship shall have the right to have it restored.
(2) A person who wishes to restore Estonian
citizenship must reside in Estonia permanently and must be released
from his or her current citizenship or must prove that he or she shall be
released from such citizenship upon receipt of Estonian citizenship.
Article 17. Documents to be Submitted for Restoring Estonian Citizenship
(1) A person who
wishes to restore Estonian Citizenship shall submit a personally written
application, which shall include:
1) given name and surname;
2) information on any changes to the given name
and surname;
3) date and place of birth;
4) citizenship;
5) place of residence;
6) oath, in accordance with point 7, Article 6 of
this Law;
7) signature.
(2) In addition to the application, the person
shall submit:
1) two photographs (4 x 5 cm);
2) documents attesting to identity and
citizenship;
3) a document attesting to the fact that the
person resides permanently in Estonia;
4) documents attesting to loss of Estonian
citizenship.
5) receipt of payment of the state fee.
Chapter V
Procedures for Receiving and Restoring Estonian
Citizenship
Article 18. Submission of Documents
(1) Documents
necessary to receive or restore Estonian citizenship shall be submitted by the
person to the state agency authorized by the Government of the Republic.
(2) Documents
stipulated in paragraph 1 of this Article for a minor under the age of fifteen
years or for an adult who has been declared mentally incompetent shall be
submitted by the parent, adoptive parent, legal guardian or guardianship
agency.
Article 19. Registration and Processing of Documents Submitted for Receiving or Restoring Estonian Citizenship
(1) The application for receiving or restoring Estonian
citizenship shall be registered and processed by the state agency authorized by
the Government of the Republic, if the person submits all documents for
receiving citizenship listed in Article 12, all documents listed in Article 15
for a minor under the age of fifteen years, or all documents listed in Article
17 for restoring citizenship together with the application.
(2) The agency
authorized by the Government of the Republic shall issue a receipt to the
person indicating that the application has been registered and is being
processed, for which the standard shall be established by the Government of the
Republic.
(3) A person
who wishes to receive Estonian citizenship shall reaffirm, one year from the
date on which the application to receive Estonian citizenship is registered, to
the state agency authorized by the Government of the Republic, that he or she
still wishes to receive Estonian citizenship and shall submit proof that he or
she is released from his or her current citizenship or shall be released from
such citizenship upon receipt of Estonian citizenship, or that he or she has
been recognized as a stateless person.
(4) If a
person who wishes to receive Estonian citizenship has fulfilled all
requirements established in paragraph 3 of this Article within one month from
the time the one year period has expired, the state agency authorized by the
Government of the Republic shall submit the person's documents together with
its justified recommendation to the Government of the Republic for a decision
to be adopted regarding the granting of Estonian citizenship. If the person fails to fulfill the
requirements established
in paragraph 3 of this Article by the due date established in this paragraph, the processing of his
or her application
shall be terminated, of which he or she shall be
notified
in writing.
(5) If a
person who wishes to restore Estonian citizenship, within one year from the
date of registration of the application to restore Estonian citizenship, has
submitted proof to the state agency authorized by the Government of the
Republic that he or she is released from his or her current citizenship or
shall be released from such citizenship upon restoration of Estonian
citizenship, or that he or she has been recognized as a stateless person, the
state agency authorized by the Government of the Republic shall within six
months submit the person's documents together with its justified recommendation
to the Government of the Republic for a decision to be adopted on restoring
Estonian citizenship.
(6) If a
person who wishes to restore Estonian citizenship does not submit the proof
stipulated in paragraph 5 of this Article within one year from the date of
registration of the application to restore Estonian citizenship, the processing
of his or her application shall be terminated, of which he or she shall be
notified in writing.
Article 20.
Decision to Grant or Restore Estonian Citizenship
(1)
The decision to grant or restore Estonian
citizenship shall be adopted by the Government of the Republic.
(2)
The order of
the Government of the Republic to grant or restore Estonian citizenship shall
enter into force on the date of its signature, if no other date is established
by the order itself.
(3)
The state agency authorized by the Government of the
Republic shall issue a citizenship certificate to an applicant on the basis of
the order of the Government of the Republic to grant or restore Estonian
citizenship.
Article 21.
Refusal to Grant or Restore Estonian Citizenship
(1) Estonian citizenship shall not be granted or
restored to a person:
1) who has knowingly submitted false
information in applying for Estonian citizenship
or a document attesting to
Estonian citizenship;
2) who does not observe the constitutional state
system of Estonia and does not observe Estonials
laws;
3) has acted against the state of Estonia and its
security;
4) who has committed a criminal offence for which
he or she has been sentenced to imprisonment for a period exceeding one year
and who is not considered as rehabilitated with a spent sentence or who has
been punished repeatedly for an intentional criminal offence;
5) who
has been employed or is currently employed by the intelligence or security
service of a foreign state;
6) who
has served in a career position in the armed forces of a foreign state or has
entered the reserve forces or has retired from a career position in the armed
forces of a foreign state, nor to his or her spouse, who has entered Estonia in
conjunction with the dispatch of military personnel into active service, the
reserve forces or retirement.
(2) Estonian
citizenship may be granted or restored to a person who has been retired from
the armed forces of a foreign state, who has been married to a person who has
acquired Estonian citizenship by birth for no less than five years, if such
marriage has not been divorced.
Chapter VI
Conditions and Procedures for Loss of Estonian
Citizenship
Article 22. Loss of Estonian Citizenship Estonian citizenship shall be lost:
1) through release from Estonian citizenship;
2) through the revocation of Estonian
citizenship;
3) upon acceptance of the citizenship of another
state.
Article 23. Documents to be Submitted for Release from Estonian Citizenship
Any
person who wishes to be released from Estonian citizenship shall submit:
1) an application, which shall include the person's
given name and surname, date and place of birth,
place of residence, the citizenship he or she
intends to apply for, and signature;
2) documents attesting to identity and
citizenship;
3) proof that he or she has received the
citizenship of
another state or will receive such citizenship upon
release from Estonian citizenship.
Article 24. Submission of Documents
(1) Documents for release from Estonian citizenship
shall be submitted to the state agency authorized by the Government of the
Republic or to one of Estonia's foreign representations, if the person resides
permanently in another state.
(2) Documents stipulated in paragraph 1 of this
Article on behalf of a minor under the age of fifteen
years or of a person who has been declared mentally
incompetent shall be submitted by the parent, adoptive
parent, legal guardian or guardianship agency.
Article 25. Registration and Processing of Documents Submitted for Release from Estonian Citizenship
(1) Documents submitted for release from Estonian
citizenship shall be registered and processed by the
state agency authorized by the Government of the
Republic.
(2) The state
agency authorized by the Government of the Republic shall issue a receipt to
the person indicating that the application has been registered and is being
processed, for which the standard shall be established by the Government of the
Republic.
(3) The state
agency authorized by the Government of the Republic shall within one year from
the date of registration submit the person's documents together with its
justified recommendation to the Government of the Republic for a decision to be
adopted regarding release from Estonian citizenship.
Article 26. Restrictions on Release from Estonian Citizenship
Release from citizenship may be refused to a person if:
1) this results in the person becoming stateless;
2) the person has unfulfilled obligations before
the state of Estonia;
3) the person is in active service in the
Estonian Defense Forces.
Article 27. Decision to Release from Estonian Citizenship
The decision to release a person
from Estonian citizenship shall be adopted by the Government of the Republic.
Article 28. Revocation of Estonian Citizenship
(1)
Estonian citizenship shall be revoked by an order of
the
Government of the Republic from a person who:
1) has
entered the government or military service of a foreign state as an Estonian citizen
without permission from the Government of the
Republic;
2) has
entered the intelligence or security service of a foreign state or an Organization of a
foreign state which is armed, militarily organized or engages in military activities;
3) has
attempted to forcefully change the constitutional state system of Estonia;
4) has
received or restored Estonian citizenship on the basis of knowingly submitted
false information or as the result of the intentional withholding of
information regarding circumstances which preclude Estonian citizenship;
5) is the citizen of another state, however
has not been released from Estonian
citizenship.
(2) No person may be deprived of Estonian citizenship due to his
or her beliefs.
(3) Paragraph 1 of this Article shall not extend to persons who have
acquired Estonian citizenship by birth.
Article 29. Loss of Estonian Citizenship Upon Acceptance of the Citizenship of Another State or Upon Renunciation of Estonian Citizenship.
A person
shall be considered to have lost Estonian citizenship upon acceptance of the
citizenship of another state or upon renunciation of Estonian citizenship in
favor of the citizenship of another state.
Article 30. Return of Documents Attesting to Estonian Citizenship
Any
person who has lost Estonian citizenship shall return documents attesting to
Estonian citizenship to the state agency authorized by the Government of the
Republic.
Chapter
VII
Final
Provisions
Article 31. Consent to Grant or Restore Estonian Citizenship to a Minor or to Release a Minor from Estonian Citizenship
The
consent of the parent, adoptive parent, legal guardian or guardianship agency
must be received to grant or restore Estonian citizenship to a minor between
the ages of fifteen and eighteen years or to release such minor from Estonian
citizenship.
Article 32. Receiving Estonian Citizenship Under Conditions in Force Prior to the Entry into Force of this Law.
Any
alien who submitted the required documents to receive Estonian citizenship
under procedures in force prior to the entry into force of this Law shall
receive Estonian citizenship in accordance with conditions and procedures in
force at the time such application was accepted for processing.
Article
33. Special Conditions for
Acceptance of Documents and Calculation of Time Periods
The
requirement for residence on the basis of a permanent residence permit established
in point 2, Article 6 of this Law shall not be applied in regard to a person
who settled in Estonia prior to July 1, 1990 and who is applying for Estonian
citizenship, if such person is in Estonia permanently under the conditions
established in the Law on Aliens (RT 1993, 44, 637; 1994, 41, 658).
Article 34. Special Requirements for Knowledge of the Estonian Language
(1) Applicants for Estonian citizenship who
were born prior to January 1, 1930 shall
in the language examination be exempt from the requirements established in
point 4, paragraph 2, Article 8 of this Law.
(2)
Applicants
for Estonian citizenship who are visually disabled shall for the language
examination be exempt from the requirements established in points 3 and 4,
paragraph 2, Article 8 of this Law.
(3)
Applicants for Estonian citizenship who are hearing
or speech disabled shall for the
language examination be exempt from the
requirements established in points 1 and 2, paragraph 2, Article 8 of this Law.
(4) The conditions established in paragraphs 2 and
3 of this Article shall extend to category I
disabled and those category II disabled who are
considered to be permanently disabled and whose
state of health does not allow them to complete
the examination in accordance with the
conditions established in Article 8 of this
Law.
Article
35. Special Conditions for Receipt of
Estonian
Citizenship by Persons Who are Declared Mentally
Incompetent
Applicants
for Estonian citizenship who are mentally
incompetent adults shall be exempt from fulfilling
the conditions established in points 3 - 7. Article 6 of this Law.
Article 36. Right to Petition an Administrative Court
If any person believes that his or her rights, as established in this Law,
have been violated by the legal act or action of the Government of the Republic,
or the state agency authorized by the Government of the Republic, or its
officials or that his or her freedoms have been restricted, such person may
petition an administrative court in accordance with procedures established in
the Code of Administrative Court Procedure (RT I 1993, 50, 694; 1994, 16, 290;
28, 425).
Article 37. Voidance of Previous Legal Acts
The
following shall be declared void:
1) Law on Citizenship (RT 1938, 39, 357; 43, 404
and 405 XVI)
2) Law on Amendment to the Law on Citizenship (RT
1939, 114, 882);
3)Republic of Estonia Supreme Council Resolution
"On the Application of the Law on Citizenship"
(RT 1992, 7, 109);
4)Law on Estonian Language Requirements for
Applicants for Citizenship (RT 1993, 11, 171);
5) Law on Estonian Language requirements for Applicants for Citizenship (RT 1993, 11
171)
6) Law on Amendments to the Republic of Estonia
Supreme Council Resolution "On the Application
of the Law on Citizenship"
(RT 1993, 13, 204);
7) Law on Amendments to the Law on Citizenship (RT
1993, 17, 272);
8) Law on the Partial Amendment and Voidance of
Legal Acts on Citizenship (RT I 1994, 88, 1491).
Article 38.
This
Law shall enter into force on April 1, 1995.
Unofficial translation prepared by VMinfo, Press and
Information Department,
Ministry of Foreign Affairs
Estonia