Go to:
• Section A General questions
• Section B Questions on specific provisions
• Section C Final questions
• Section D Table on transposition

When a change for legislation amendment is made an explanatory note is prepared. No administrative regulations under the Aliens Act were changed, because there was no need to do so. Articles that deal with family reunification in the Aliens Act are following: § 6 section 2-1; § 12 section 2; § 12-1 section 1; § 12-1 section 2; § 12-1 section 3; § 12-1 section 5; § 12-1 section 6; § 12-1 section 7; § 12-1 section 8; § 12-3 section 1; § 12-3 section 2; § 12-3 section 3; § 12-3 section 6; § 12-3 section 7; § 15-1

Act on Granting International Protection to Aliens that became into enforce on 1. July 2006 has also some provisions that are related to the directive. It mainly regulates the family reunification of persons in need of international protection e.g. refugees, persons with subsidiary protection or temporary protection. Following articles regulate the family reunification in the Act Granting International Protection to Aliens: § 46, § 59, § 61, § 65, § 72 section 2, § 75 section 7.

Under the Act on Granting International Protection to Aliens, two regulations of the Government were issued:

1. Rules for application, giving and extending a residence permit to a person benefiting from temporary protection and his family members, list of proof to be submitted and data that has to be given and data that will be inserted on the identification card. Government regulation from 28.09.2006 no 211, enforced on 08.10.2006. Published in State Gazette RT I 2006, 42, 324.
2. Rules for application, giving and extending a residence permit to a refugee and person benefiting from subsidiary protection and his family members, list of proof to be submitted and data that has to be given and data that will be inserted on the identification card. Government regulation. Government regulation from 14.07.2006 no 162 enforced on 29.07.2006. Published in State Gazette RT I 2006, 34,263 amended by another regulation form 22.09.2006 enforced 02.10.2006 published in State Gazette RT I 2006, 41, 316.

The time limit for legal stay in the territory of Estonia for third country nationals wishing to invite his or her family members to settle in Estonia has decreased. Before amendment the sponsor was ought to reside in Estonia on the basis of permanent residence permit at least 5 years in order to become eligible to invite family members to join. Now it is 2 years of residence.

A temporary residence permit may be issued to an alien to settle with his or her spouse who resides in Estonia permanently and who is an Estonian citizen or to settle with his or her spouse who is a foreigner and has a residence permit and has lived in Estonia at least for two years, if the spouses share close economic ties and a psychological relationship, if the family is stable and the marriage is not fictitious, and if the application for a residence permit is justified.

This clause is not in confirmity with the meaning of Art 3 (1) of the directive. The directive sets that the person can have a residence permit issued by a Member State for a period of validity of one year and who has reasonable prospects of obtaining the right of permanent residence. In Estonia the person must have lived in Estonia at least for two years and must have a valid residence permit, in order to benefit from the family reunification. Art § 12 (1-2) states that 'the requirement to reside in Estonia permanently does not apply to a spouse of an Estonian citizen, if the family settles in Estonia together and the residence permit is applied for settling with this Estonian citizen'. In the new act, AGIPA regulating the residence permit application of the family member of a refugee or person in subsidiary protection or temporary protection, says that a family member of a refugee or a person who has subsidiary protection or temporary protection must apply withing 3 months period for the family reunification after he the member of the family with whom he or she wants to settle has got its residence permit in Estonia. If the application is done later than 3 months the person can be asked to submit additional proof which is:

• to have permanent legal income;
• to ensure that the family is maintained in Estonia;
• the family must have an actual dwelling in Estonia.

Article § 121 of Aliens Act regulates the issue of residence permit to settle with spouse A temporary residence permit may be issued to an alien to settle with his or her spouse who resides in Estonia permanently and who is an Estonian citizen or to settle with his or her spouse who is a foreigner and has a residence permit and has lived in Estonia at least for two years, if the spouses share close economic ties and a psychological relationship, if the family is stable and the marriage is not fictitious, and if the application for a residence permit is justified.

Article 12 3 the Aliens Act regulates the residence permit issued to live with a close relative residing in Estonia. This includes minor child and adult child in case of need to take care of him or her.

A temporary residence permit may be issued to the following aliens to settle with a close relative who is an Estonian citizen or to settle with a close relative who is a long term resident: 1) to a minor child in order to settle with a parent who permanently resides in Estonia; 2) to an adult child in order to settle with a parent who permanently resides in Estonia if the child is unable to manage independently due to health reasons or a disability; 3) to a parent or grandparent in order to settle with his or her adult child or grandchild who permanently resides in Estonia, if the parent or grandparent needs care, which is not possible for him or her to receive in the country of his or her location, or in another country and if his or her permanent legal income or the permanent legal income of his or her child or grandchild, who legally resides in Estonia ensures that the parent or grandparent will be maintained in Estonia; 4) to a person under guardianship in order to settle with the guardian, who permanently resides in Estonia if the permanent legal income of the guardian ensures that the person will be maintained in Estonia.

AGIPA § 46 rules the residence permits of family members of aliens.

1. The Citizenship and Migration Board shall issue to a family member of an alien to whom a residence permit has been issued on the basis provided for in § 37 of this Act a residence permit on the same basis and with the same period of validity.
2. The residence permit of a family member shall be extended on the same basis and with the same period of validity as the residence permit of a refugee or person enjoying subsidiary protection.
3. A family member shall submit an application for residence permit at the earliest opportunity but not later than three months after the date of issuing a residence permit to the alien.
4. Where family reunification is possible in another country, the alien with whom the family member wishes to reside must at the time of applying for residence permit for the family member have permanent legal income to ensure that the family is maintained in Estonia, the family must have an actual dwelling in Estonia and the family member of the alien must have a valid health insurance policy which guarantees the payment, during the period of validity of the residence permit, of the medical expenses incurred by him or her as a result of illness or injury.
5. If a family member submits an application for residence permit later than within the term provided for in subsection (3) of this section, the Citizenship and Migration Board may demand compliance with the requirements provided for in previous subsection (4). In the event of failure to comply with the requirements, the Citizenship and Migration Board may refuse to issue a residence permit to the family member.
6. A family member shall be refused issue or extension of a residence permit, or a residence permit shall be revoked, if:
   • the family member poses a threat to national security, public safety or public order;
   • in the case provided for in subsection 22 (1) or (3) of this Act;
   • if family reunification is possible in another country and the conditions provided for in subsection (4) of this section are not complied with.
7. The following additional conditions apply to residence permits issued to family members:
   • the validity of the temporary residence permit issued to him or her shall not exceed the validity of the temporary residence permit of the alien;
   • the extension of his or her temporary residence permit shall be refused if the temporary residence permit of the alien is not extended;
   • the temporary residence permit issued to him or her shall be revoked at the same time with the revocation of the residence permit of the alien;
   • the temporary residence permit issued to him or her shall be revoked if the circumstance which constituted the basis for issue thereof ceases to exist.
8. The residence permit of a minor child shall not be revoked and extension thereof shall not be refused if this does not correspond to the rights and interests of the child.
9. Subsection (7) of this section shall not apply to an alien who has been issued a residence permit as a minor child, after he or she becomes an adult.
10. A precept to leave shall be issued pursuant to the procedure provided for in the Obligation to Leave and Prohibition on Entry Act to a family member whose residence permit is revoked if such family member as an alien has not submitted an application for residence permit pursuant to the procedure provided for in the Aliens Act or Chapter 3 of the Act.

• Data concerning close relatives;
• A standard invitation;
• An identity document of an applicant;
• CV;
• Marriage certificate;
• Health Insurance;
• Proof of the place for living;
• Proof of sufficient legal income;
• State fee payment;
• Photo 40x50 mm;
• Written explanation or other proof why the spouses cannot go to live in another country or the country of citizenship of the spouse if the permit is applied for the first time.

• he or she has submitted false information (including information concerning his or her earlier activities) upon application for a visa, residence permit or work permit or upon application for extension thereof;
• he or she does not observe the constitutional order and laws of Estonia;
• his or her activities have been or are or there is good reason to believe that such activities have been or are directed against the Estonian state and its security;
• he or she has incited or incites, or there is good reason to believe that he or she has incited or incites racial, religious or political hatred or violence;
• he or she is in the active service of the armed forces of a foreign state;
• he or she has been repeatedly punished pursuant to criminal procedure for an intentionally committed criminal offence;
• there is information or good reason to believe that he or she belongs to a criminal organisation, that he or she is connected with the illegal conveyance of narcotics, psychotropic substances or persons across the border, that he or she is a member of a terrorist organisation or has committed an act of terrorism, or that he or she is involved in money laundering;
• he or she is or there is good reason to believe that he or she is employed by an intelligence or security service of a foreign state, or he or she has or there is good reason to believe that he or she has been employed by an intelligence or security service of a foreign state, and his or her age, rank or other circumstances do not preclude his or her conscription into service in the security forces or armed forces or other armed units of his or her country of nationality;
• he or she has received or there is good reason to believe that he or she has received special training in landing operations, or in diversion or sabotage activities, or other special training, and if the knowledge and skills acquired in the process of such training can be directly applied in the formation or training of illegal armed units;
• he or she has or there is good reason to believe that he or she has participated in punitive operations against civil population;
• there is good reason to believe that he or she has committed a crime against humanity or a war crime.

• the maintenance of a minor child (under 18 years of age) by a parent;
• the maintenance of an adult child who due to his or her state of health or disability is unable to cope independently, by a parent;
• the maintenance of an adult child, who attains school, by a parent;
• the maintenance by the spouse;
• the maintenance of a parent who due to his or her state of health or disability is unable to cope independently, by an adult child.

Upon application for a temporary residence permit for settling with a spouse or a temporary residence for study the legal income of a family must meet at least the rates given in the above-mentioned table.

If a person applies for a temporary residence permit on the condition that your legal income ensures your subsistence in Estonia or a temporary residence permit for business purposes your legal income during the six months preceding the submission of the application must amount to total of eighteen months average gross wages in the Republic of Estonia. The amount of required legal income derives from the average gross wages of the last quarter as established by the Statistical Office of Estonia and, therefore, changes every quarter.

According to the § 46 of AGIPA:
The Citizenship and Migration Board shall issue a residence permit to a family member of an alien who has been issued a residence permit on the basis of clause (37) of the Act, on the same basis and with the same period of validity as the residence permit of the alien.
A residence permit of a family member shall be extended on the same basis and with the same period of validity as the residence permit of the refugee or the recipient of subsidiary protection.
According to ڍ of AGIPA family members are:
A family member of an asylum applicant is:

1. a spouse of the applicant;
2. an unmarried and minor child, including adopted child of the applicant;
3. an unmarried and minor child, including adopted child of the applicant and the spouse.

1. a spouse;
2. an unmarried minor child, including adopted child of the applicant and the spouse;
3. a ward and a supported unmarried minor child, including adopted child of the applicant or the spouse. In a case of shared guardianship the approval of a sharing guardian is needed;
4. an unmarried adult child of the applicant or the spouse, if due to the state of health or disability of the child he or she is unable to cope independently;
5. a parent or a grandparent under the support of the applicant or the spouse, if the country of origin does not pay any subsidy related to other family ties.

1. his or her parent;
2. his or her guardian or other family member if he or she has no parents or they cannot be found, except in case it would be in conflict with the rights and interests of a minor.

1. his spouse;
2. his or his spouse's unmarried and minor child, including adopted child;
3. a close relative who is not specified in clauses 1) and 2) of this section and who lived with him and was dependent of him in the country of origin.

According to § 46 section 4 of the Act:
'If the reunification of a family is possible in other country, in applying for residence permits to family members, an alien with who they are planning to stay is required to have permanent legal income that ensures the support of the family in Estonia, the family is required to have actual place of residence in Estonia and the family member of an alien is required to have a valid health insurance agreement that ensures the covering of his or her medical costs with regard to an illness or injury during the period of validity of the residence permit.' In the case the family cannot live in another country than Estonia there are no such requirements. The application for family reunification has to be made as soon as possible but at least within 3 months after the person, with whom the applicant wants to rejoin, has got a residence permit.(Provision of art 12 section 1 and art 7 of the directive.)
If a family member submits the application for residence permit later than 3 months, after the person, with whom the applicant wants to rejoin, has got a residence permit. The Citizenship and Migration Board may require the fulfillment of following conditions:

1. An alien with whom they are planning to stay is required to have permanent legal income, that ensures the support of the family in Estonia,
2. the family is required to have actual place of residence in Estonia
3. the family member of an alien is required to have a valid health insurance agreement, that ensures the covering of his or her medical costs, with regard to an illness or injury during the period of validity of the residence permit.

§ 13 of an Aliens Act regulate legal bases for taking employment in Estonia. The law states following:

1. An alien is required to have a residence permit for employment or a work permit for activity in Estonia on the basis of an employment contract or other contract, and for other activities for the benefit of other persons where obtaining gain or any other proprietary benefit can be presumed, regardless of the type or form of the contract on which such activity is based, and the location of the seat or residence of the other party (hereinafter employment), unless otherwise provided by law or an international contract.
2. An alien who has no legal basis to stay in Estonia is prohibited from taking employment in Estonia.
3. An alien who does not have a residence permit for employment or a work permit or who has not registered his or her employment pursuant to the prescribed procedure is prohibited from taking employment in Estonia, except in the cases directly referred to in law or an international agreement.
   (18.12.2002 entered into force 01.05.2003 - RT I 2003, 4, 20)

1. A work permit is a permit by which an alien is granted the right to take employment in Estonia during the period determined by the permit.
2. The Citizenship and Migration Board may issue a work permit to an alien who has a residence permit. The validity of a work permit issued to an alien shall not exceed the validity of his or her residence permit. The validity of a work permit may be extended until the end of the validity of the residence permit.This applies also to refugees, the persons holding residence permit on the basis of subsidiary protection and their family members.
3. The Citizenship and Migration Board shall refuse to issue or extend a work permit if the alien lacks a permit for residence in Estonia or if other circumstances exist which are the bases for refusal to issue a work permit. (14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
4. Employment in Estonia without a work permit is permitted to an alien who:
   1. has a long term residence permit;
   2. is imprisoned, during his or her stay in prison;
   3. has a residence permit for employment, on the conditions determined by the permit;
   4. is a member of a locomotive crew, belongs to the service personnel of a locomotive or train, or is a driver of a motor vehicle engaged in the carriage of passengers or goods involving the crossing of the national border, provided that the alien does not have a residence in Estonia, his or her employer does not have a location of activities of the undertaking and a legal basis exists for the alien's stay in Estonia.
   (18.12.2002 entered into force 01.05.2003 - RT I 2003, 4, 20)

1. An alien who has a legal basis to stay in Estonia, except for a residence permit, whose employment has been registered with the Citizenship and Migration Board pursuant to the procedure provided by a regulation of the Minister of Internal Affairs before employment commences, and whose time of employment does not exceed the period of six months per year may be permitted to take employment in Estonia without being issued a work permit or a residence permit in the following cases:
   (14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
   
   1. for employment as a teacher or lecturer in an educational institution which complies with the requirements established by legislation, by invitation of the educational institution; (14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
   2. for artistic activities or scientific research, if the alien has appropriate professional training or experience for such activities;
   3. (Omitted - 14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
   4. for making a direct investment, foundation of a branch of a foreign company in Estonia, or performance, by way of rotation, of the right of representation or directing functions in a company registered in Estonia and belonging to an international group of undertakings;
   5. in the capacity of a sportsman, coach, referee or sports official in order to engage in professional activities, by invitation of a corresponding sports federation;
   6. for employment as an expert, adviser or consultant, provided that the alien has appropriate professional training for such activities; (14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
   7. for employment as an installer of equipment or a skilled worker if the alien has acquired professional training therefore and it is necessary that the alien works in Estonia, arising from national interests, on the proposal of a member of the Government of the Republic on the basis of a decision of the Minister of Internal Affairs; (14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
   8. for activities in the framework of an international program of co-operation involving agencies with state or local government participation;
   9. for participation in seasonal work involving the processing of primary agricultural products;
   10. for employment as au pair or domestic help;
   11. for employment for vocational training purposes by way of field training;
   12. for employment as service personnel of a diplomatic representation of a foreign state, by permission of the Ministry of Foreign Affairs.
2. An alien who has a legal basis to stay in Estonia, except for a residence permit, may be permitted to take employment in Estonia without being issued a work permit or a residence permit and without registering short-time employment in the Citizenship and Migration Board for a period of up to six months as a member of the management body of a legal person registered in Estonia with the duty to perform directing or supervisory functions. (14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
3. The Citizenship and Migration Board refuses to register an alien's employment in Estonia or revokes the registration of an alien's employment in Estonia if the alien does not fulfil the conditions provided in subsection (1) of this section. (18.12.2002 entered into force 01.05.2003 - RT I 2003, 4, 20)
4. An alien who has a legal basis to stay in Estonia, except for a residence permit, whose employment has been registered with the Citizenship and Migration Board pursuant to the procedure provided by a regulation of the Minister of Internal Affairs before employment commences may be permitted to take short-time employment in Estonia without being issued a work permit or a residence permit under the conditions provided for in an international agreement. (14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189)
5. In the cases and under the conditions provided for in an international agreement ratified by the Parliament, an alien need not register his or her short-time employment. (23.03.2005 entered into force 24.04.2005 - RT I 2005, 20, 128)

1. During his or her stay in Estonia, a person enjoying international protection has the right to receive state pensions, family benefits, employment services and employment subsidies, social benefits and other assistance on the same grounds provided by legislation as permanent residents of Estonia.
2. A local government may pay subsistence benefit to a person enjoying international protection whose financial status does not allow him or her to support himself or herself.
3. A one-time benefit may be paid from the state budget to a person enjoying international protection who returns to his or her country of origin or resettles to another country, in an amount which partially or totally covers his or her travel expenses, and in the case where he or she is unable to cover these expenses.
4. The procedure for payment of the benefit specified in subsection (3) of this section shall be established by a regulation of the Government of the Republic.
5. Natural persons or legal persons may participate in referring a person enjoying international protection to the territory of a local government and supporting him or her by providing economic or other assistance. Provision of assistance shall be co-ordinated by local governments and in the cases provided in subsection 73 (3) of this Act, by the Ministry of Social Affairs or an agency within the area of government of the Ministry of Social Affairs.
6. During his or her stay in Estonia, a person enjoying international protection has the right to education and the right to take employment in Estonia on the bases and pursuant to the procedure provided by law.
7. A family member of a person enjoying international protection to whom a residence permit has been issued on the basis of this Act as to a person enjoying international protection has the rights provided for in this section.

According to Estonian law a person can always apply for a residence permit under Aliens law. After five years of legal residence the third country national becomes a long term resident in the meaning of EU directive on long term residence. This applies also to refugees, persons under other types of protecion and their family members.

If a family member wants to apply for a separate residence permit that is not attached to the family reunification case, he or she has to fulfill the conditions stated in Aliens Act art 14-4.

The long tem residence permit may be given to the alien who satisfies following conditions:

1. has lived in Estonia permanently for five years, before submission of the residence permit
2. has a valid temporary residence permit
3. has sufficient legal income to manage in Estonia
4. has health insurance
5. has fulfilled the integration requirement
6. there is no reason to reject the long term residence application

The long tem residence permit may be given to the alien who satisfies following conditions:

1. has lived in Estonia permanently for five years, before submission of the residence permit
2. has a valid temporary residence permit
3. has sufficient legal income to manage in Estonia
4. has health insurance
5. has fulfilled the integration requirement
6. there is no reason to reject the long term residence application

There is no special provision of a separate autonomous residence permit as such but the person will be treated as any other third country national who is appling for a residence permit with all relevant conditions set in the Estonian legislation.

According to Aliens Act § 12 1 section 8 a residence permit to settle with a spouse shall be revoked or the extension thereof shall be refused if:

1. the basis or grounds for the issue of the residence permit have ceased to exist;
2. the marriage has been terminated;
3. one or both spouses do not reside in Estonia permanently;
4. at least of the conditions specified in subsection (2) is not complied with.

The marrage should not be fictive the persons must have economical and pshycological dependency, family is stable and the residence permit application is founded.

1. After the termination of temporary protection, the return of an alien shall be postponed if:
   1. there are humane reasons;
   2. the state of health of an alien does not enable traveling and the return would cause serious consequences to his or her health.
2. After the termination of temporary protection, the return of an alien may be postponed until the end of a school year of a minor child of an alien or his or her spouse.

• Act on Granting International Protection to Aliens Passed 14 December 2005 (RT2 I 2006, 2, 3), entered into force 1 July 2006.

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• correct transposition
• no transposition
• violation of the Directive
• unclear