Documentation Database: Questionnaires: Family Reunification Directive 2003/86/EC
Estonia

Subject Comparative study on the implementation of the Family Reunification Directive 2003/86/EC in (25) Member States
Data from other countries Go to Questionnaire (with links to the answers of all other countries)
This Form Data by Estonia (30/11/2006)

Section Question Answer

A. General
A.1 top Q: Has the Directive been implemented in your country? If so, please add the references and the texts of relevant legislative and administrative measures and the dates they entered into force.

answer Estonia A: The directive 2003/86/EC has been transposed in Estonia. Main changes that are related to the family reunification were legislated on 12th June 2002 in the Aliens Act (RT I 2004, 58, 410 last amendments RT 2006, 26,191). Last changes were made on 1st June 2006 to the Aliens Act and in the Act on Granting International Protection to Aliens (further AGIPA; RT I 2006, 2, 3 amendments RTI 2006, 21, 159) that became into force on 1. July 2006.

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.

Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

A.2 top Q: Has there been a political or public debate on the implementation of the Directive? If so, please summarize the main issues of the debate.

answer Estonia A: There has been no public debate about the directive. But political debate can be followed in the parliament minutes. As the changes to the legislation were initiated mainly because of need to harmonise the directives the debate in the parliament does not have additional significant information.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

A.3 top Q: What have been the main changes in the national law or practice due to the Directive. Please indicate for each change whether it improved or deteriorated the legal status of third country nationals and their family members? Did it make the national rules more strict or more liberal?

answer Estonia A: The previous Refugee Act didn't regulate very well the family reunification of a refugee. The notion of family regulation came from the Aliens Act that is designed for third country nationals and did not bear in mind the special needs of refugees or other categories of persons who are given protection under AGIPA. The new legislation clarifies more who can benefit from the family reunification, who is a family member for a refugee, subsidiary protected person and to a person who has temporary protection? The new legislation improved the legal status of third country nationals. As the law is so new (came into force on 1st July 2006) it is difficult to say what will be the practice and what difficulties there will be in the implementation. New statuses, like subsidiary protection and temporary protection were introduced, which were not regulated in the previous legislation (Refugee Act). In previous legislation Estonia could give residence permit on the basis of its international obligation, which is a very vague provision. Refugee status was considered only to be given under the specific cases and provision of the 1951 Refugee Convention. Also the family reunification of a refugee and person given a subsidiary protection is regulated and is possible.

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.


Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

A.4 top Q: Are there already judgments of national courts applying or interpreting the Directive? If so on which issues?

answer Estonia A: The new legislation that is based on the directive came into force on 1st July 2006 (AGIPA) and 1st August 2006 (changes in Aliens Act), therefore there are no court decisions jet that are affected by the changes of the law. The issue of family reunification has been in the courts. Most significant decisions were done by the supreme court of Estonia in 2000. (Supreme Court cases 3-3-1-11-00 (RT III 2000, 14, 149) and 3-3-1-15-00 (RT III 2000, 17, 180)) The court ruled that if a person has applied for a residence permit on the basis of family reunification, the reason to reject the application cannot be the fact that the immigration quota is full, it cannot be the only reason to reject the asylum application.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

A.5 top Q: Did the judgment of the Court of Justice of 27 June 2006 in the case Parliament v. Council (C-540/03) already have any effect on the implementation of the Directive, the national practice or case-law or the legal literature? If so, please specify the effects.

answer Estonia A: Usually the ECJ decisions do not have an influence on Estonian legislation drafting. It can be the Estonian Supreme Court case that can change the practice and afterwards the amendments to the law will be made.
There have been no articles about the family reunification directive or of that ECJ Court case in Estonia. The only legal magazine that is published is called Juridica www.juridica.ee .
There are no cases of children looking for family reunification under the directive, therefore this topic is not an issue in the Estonian legal debates. In Estonia every person under 18 years is considered to be a minor (child). And the best interests of the child have to be respected. There is not integration requirement for the family reunification. The person has to apply for the family reunification within 3 months after the alien has got a residence permit.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B. Questions on specific provisions
B.1 top Q: Article 3(1):
How is the clause: who has reasonable prospects of obtaining the right of permanent residence
implemented in the national law?

answer Estonia A: Not implied. There is no requirement that the person should have a prospect of obtaining the right of permanent residence, but the alien who applies for family reunification must have lived in Estonia at least for two years according to the art 12-1. Article § 12-1 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.

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.
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. (Member States may require the refugee to meet the conditions referred to in Art 7(1) if the application for family reunification is not submitted within a period of 3 months after the granting of the refugee status. See art 12 section 1 last sentence of directive 2003/86/EC.)
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.2 top Q: Article 3(3):
Will a third country national also having the nationality of your country be able to rely on the Directive?

answer Estonia A: The law regulating the family reunification is applied to all third country nationals. In Estonia a person cannot have two citizenships. If a person has another citizenship he or she will loose Estonian citizenship (Citizenship Act article 2 and art 22). Every person, who has Estonian nationality has a right to apply for Estonian citizenship and has a right to live in Estonia, but must apply for a residence permit if he is not Estonian citizen. If the Estonian national has a citizenship of a third country, he or she will be considered as a third country citizen and the rules of Alien Act for family reunification will apply.
In Estonian legislation we make a difference between citizenship and nationality. For example an Estonian national can have German citizenship but not an Estonian citizenship, but can be still considered Estonian by the nationality because of the family roots (anchestors were Estonians) Ius sanguinis principle.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.3 top Q: Article 3(3):
Are nationals of your country and their third country national family members entitled to the same treatment, to a more privileged treatment or to less favourable treatment as provided in the Directive? Please specify the differences.

answer Estonia A: There is some more favourable treatment to settle to live with the Estonian citizen, than to settle to live with a third country national that has a residence permit. So there is some discrimination clause. For example article § 12 (12) 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'.
For example, spouses of Estonian citizens are entitled to submit/lodge application for a residence permit inside the country through the offices of the Citizenship and Migration Board, while spouses of third country nationals shall lodge applications only to the Foreign Embassies of Estonia abroad (See Article 11-1 section 2 item 2 of the Aliens Act). Similar privilege benefit also spouses and minor children of ethnic Estonians (Article 11-1 section 2 item 1 of the Aliens Act).
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.4 top Q: Article 4(1):
Has the right to family reunification of spouses and minor children been codified in national law? If so, please mention the relevant provisions of national law.

answer Estonia A: Yes, the family reunification of spouses and minor children is codified in Aliens Act and in the Act on Granting International Protection to Aliens.

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.

Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.5 top Q: Article 4(1) and 4(6): (children over 12 or 15 years)
Does the national law of your country provide special rules concerning the admission of children aged over 12 or 15 years?

answer Estonia A: According to the Estonian law a person is considered to be a minor if he is under age 18. Under Aliens Act all persons under age 18 are considered to be children and the rules applicable to children have to be followed. Anyhow in the case the minor is married and has a separate family or leads an independent life (s)he is not deemed to be a minor child. ( Aliens Act Art 4-1).
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.6 top Q: If children over 15 are prevented from applying for family reunification under what conditions are they entitled to reside considering the obligation for Member States second sentence of Article 4(6)?

answer Estonia A: According to the Aliens Act and also according to AGIPA all children below 18 years can apply for the family reunification.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.7 top Q: Is your country barred from using the exceptions in Article 4(1) last sentence and Article 4(6) by the standstill-clauses in those two provisions?

answer Estonia A: There is no such provision like it is stated in Article 4(1) last sentence or art 4(6) of the directive, in the Estonians Aliens Act.
The fact that the person is under age of 18 gives him or her all the rights that are given to the minors. The child has a right to reunite with a family also the best interest of child has to be considered.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.8 top Q: Article 4(3) (unmarried partners)
Has the provision on the admission of unmarried partners been implemented in national law? If so, under what conditions do they have a right to family reunification?

answer Estonia A: Unmarried partners are considered not to be members of the family in Estonia. This principle comes from the Family law and the list of family members that can apply for the family reunification is complete in the Aliens Act and in AGIPA. Therefore they cannot enjoy the family reunification clauses.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.9 top Q: Article 4(5) (minimum age spouse)
Does the national law require a minimum age for the admission of spouses that is higher than 18 years? If so what is the minimum age?

answer Estonia A: The only criterion is marriage. There is no minimum age for a foreigner to be married. If a person at the age of 14 is married the admission of his or her under family reunification cannot be rejected purely because of his or her age. In Estonia with agreement of the parents a person can get married from the age of 16. Normal age when a person can get married without the consent of the parents is 18.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.10 top Q: Article 5(2) (documents and fees)
What kind of documentary evidence has to be presented with a family reunification application?

answer Estonia A: A person has to submit a signed application with following annexis:
  • 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.
More information: www.mig.ee .
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.11 top Q: Does the applicant have to pay any fees and, if so, what is the (total) amount of those fees?

answer Estonia A: Yes, there are state fees that have to be paid for the application of the residence permit. State fee for temporary residence permit and also for child or retired person is 750.- EEK= 48 EUR, for a child residence permit application who is under 1 year of age 375 EEK= 24 EUR. If the person with whom the applicant wants to settle with, is Estonian citizen the state fee is 150.- EEK = 9,5 EUR
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.12 top Q: Article 5(3) (place of application)
May an application be submitted when the family members are already residing in the Member State?

answer Estonia A: Yes, it can be submitted also when the family member is residing in Estonia, then the application can be submitted directly to the Citizen and Migration Board in Estonia.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.13 top Q: Article 5(4) (length of the procedure)
Is there any time limit for the decision on the application by the administration?

answer Estonia A: Decision has to be made within 6 months.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.14 top Q: Article 5(5) (interest of the child)
How is the provision that Member States 'shall have due regard to the best interests of minor children' implemented in national law?

answer Estonia A: According to the law the best interest of the child principle has to be followed.
Article 12-3 section 2 of the Aliens Act sets out that upon the issue of a residence permit for minor child, the rights and interests of the minor child shall be taken into consideration above all. A residence permit shall not be issued if the settling of the child in Estonia would damage his or her rights and interests and if his or her legal, financial or social status may deteriorate as a result of settling in Estonia.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.15 top Q: Article 6 (public policy exception)
How has the public policy and public security exception been implemented and defined in the national law?

answer Estonia A: If the person is considered to be a threat to the public order and public security the state has a right to deny the family reunification. According to Article 12 section 6 of the Aliens Act the following circumstances shall be considered as a threat to the security of the Estonian state if:
  • 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.
Consequently, the person who meets the mentioned above requirements shall not be issued or extended a residence permit.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.16 top Q: What are the similarities and differences compared to the definitions of the same notions in the context of free movement of EU citizens?

answer Estonia A: According to the EU Citizens Act art 12 European Union citizens and their family members will not receive the residence permit in case he is a threat to the public order, security or public health.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.17 top Q: Article 7(1)(a) and (c)(income and housing)
How is the income requirement specified in the national law?

answer Estonia A: There are special provisions in the regulation issued by the Ministry of Interior, which regulates the income requirement. Minimum level of survival has to be provided. See the numbers below.
The maintenance ensured by family member includes:
  • 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.

Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.18 top Q: What is the level of net monthly income required (in euros)?

answer Estonia A: Upon application for a residence permit the applicant has to certify the amount of his or her legal income during the six months preceding the submission of the application (e.g. if you submit an application on the 14th of October, you have to certify your legal income for April, May, June, July, August and September).
The amount of the legal income will be calculated taking into account the size of the family. If the family is comprised of an applicant, his/her spouse and two children under 18 years of age, the size of the family is 4 people . The family's income consists of the applicant's income and his/her spouse's income (e.g. remuneration for work of both spouses, child benefits, school benefits etc.). Upon application for a temporary residence permit for settling with close relative the legal income of a family must meet at least the rates given in the below-mentioned table. Upon application for a long-term residence permit or temporary residence permit for settling with close relative the legal income of a family must meet at least the rates given in the below-mentioned table.

Size of your familyYour family's legal income per month in EEKYour family's legal income during the past 6 months in EEK
1 member 750 4 500
2 members1 350 8 100
3 members1 950 11 700
4 members2 550 15 300
5 members3 150 18 900
6 members3 750 22 500
7 members4 350 26 100
8 members4 950 29 700
9 members5 550 33 300
10 members6 150 36 900

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.

Size of your familyYour family's legal income per month in EEKYour family's legal income during the past 6 months in EEK
1 member 1 500 9 000
2 members2 700 16 200
3 members3 900 23 400
4 members5 100 30 600
5 members6 300 37 800
6 members7 500 45 000
7 members8 700 52 200
8 members9 900 59 400
9 members11 100 66 600
10 members12 300 73 800

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.


Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.19 top Q: Is there a housing requirement in force, and if so, what is the minimum surface of the accommodation (in square meters)?

answer Estonia A: There is a housing requirement in force. It is obligatory to have at least 15m2 per person + 18m2 general space. For one person it is required to have space of 32 m2 for two persons 48m2 etc.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.20 top Q: Article 7(2) (integration measures)
Are family members required to comply with integration measures? If so, do they have to comply before or after admission and what are they actually required to do (follow a course, pass a test, etc.)

answer Estonia A: No, the family members are not required to comply with integration measures.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.21 top Q: Are there any positive or negative sanctions (privileges, subsidies, fines, residence rights or other) attached to the integration measures?

answer Estonia A: No. It is not obligatory to be integrated. Only in the case when a person wants to get Estonian citizenship there are language requirements and obligation to do the state exam.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.22 top Q: Does the national law distinguish between the concepts 'integration conditions' and 'integration measures' (compare Article 4(1) last indent and 7(2))?

answer Estonia A: No. The current state integration plan does not have any provisions for asylum seekers or refugees it also does not foresee any measures for family members. In the new state integration plan that is drafted, also refugees and asylum seekers and their family members as a target group will be taken into account.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.23 top Q: Article 8 (waiting period)
Is there any waiting period before the family reunification application can be filed?

answer Estonia A: Yes, under the Aliens Act, the person who is a third country national should be residing with the condition of permanent residence in Estonia for two years. In case of Estonian citizen, no requirement of residence is asked. Look also answers on Art 3(1) pg 2 of the report.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.24 top Q: Article 9(2) (privileges for refugees)
Which privileges granted by the Articles 10-12 are in the national law limited to family relationship that predate the entry of the refugees?

answer Estonia A: All family reunification provisions in AGIPA are related to family relationship that predates the entry of the refugee. If the refugee marries after the entry, the family member might not get access to family reunification.
The art 11 of the directive is not regulated by the Estonian law It is not regulated which documents can be considered in order to prove the family relationship.
Article 46 of AGIPA says that a family member of the refugee has to apply for a residence permit as soon as possible but not later than within three months, there is no time limit how long the refugee has to live in a country before the family reunion is allowed.
If an asylum seeker gets married after the entry, other legal norms will apply. The residence permits will be considered under the Aliens Law.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.25 top Q: Do other protected persons than Convention refugees benefit from the provisions of Chapter V of this Directive?

answer Estonia A: Yes it also applies to persons benefiting from subsidiary protection and some provisions are also for persons who have temporary protection.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.26 top Q: Article 10(3) (family members of unaccompanied minors)
Are the parents, legal guardians or other family members of a refugee who is an unaccompanied minor, entitled to a residence permit under national law?

answer Estonia A: Yes, the parents and legal guardians. 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, are entitled to a residence permit of a minor refugee. Also the best interests of the child have to be respected.

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.
A family member of a refugee and a recipient of subsidiary protection is:
  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.
A family member of an unaccompanied minor refugee and an unaccompanied minor recipient of subsidiary protection is:
  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.
A family member of a recipient of temporary protection is:
  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.
The family members who are specified in this act are considered family in case the family existed in the country of origin, including if marriage was contracted before the arrival to Estonia.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.27 top Q: Article 11 (lack of documents)
Which rules on alternatives to official documents in case of lack of official documents proving the family relationship are provided for in the national law?

answer Estonia A: The law does not list the names of the documents that should be provided in order to prove the family relationship. According to the principles of the law of international protection for aliens the lack of documents should not be the sole reason to reject the family reunification. However this statement is not written to the law. In very exceptional cases the applicant can give proof about his claims. Also principles derive from 1951 Geneva Convention state that the personal conditions of an applicant should be taken into account. If there is no doubt and there are no contra arguments, the person should be believed and the decision should be delivered in favour of an applicant. Estonian does not have an experience yet in the family reunification case of a refugee, so it is difficult to say if these general principles are enough to ensure the rights of a family member to get reunited with a refugee or a person with other type of international protection. According to AGIPA art 15 section 1 p. 9 after the reception of asylum claim the DNA tests will be made, if it is not possible to find other ways to prove the descendence.
If a refugee gets married with Estonian citizen or a foreigner legally residing in Estonia the Aliens Law and Family Law also Civil Code regulations apply.
It can be concluded that no specific rules have been introduced as there has not yet been any family reunification case of a refugee.
Although no specific regulation can be found in the law, in practice, if the person fails to submit valid documents (foreign documents are subject to legalization procedure), he or she may be refused in granting a residence permit.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.28 top Q: Article 12 (exemption from requirements)
From which requirements for family reunification, mentioned in Article 7 or Article 8, are refugees or their family members explicitly exempted by national law?

answer Estonia A: There is no need for integration. Estonia currently does not pay attention to the integration clauses. The family reunification application of a refugee or a person with subsidiary protection has to be applied as soon as possible after getting residence permit and the status in Estonia. Failure of doing it may consequent new norms to be fulfilled (place of living, enough income). If the application is submitted within 3 month period from granting residence permit to a sponsor, the applicants are exempted from all requirements listed in Articles 7 and 8 of the Directive

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.
In case of not fulfilling the conditions, the Citizenship and Migration Board may refuse the issue of a residence permit to a family member.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.29 top Q: Article 13(1) (visa facilitation)
How has the obligation to grant third country family members 'every facility for obtaining the required visas' been implemented in national law?

answer Estonia A: There are no special provisions for visas or facilitation for obtaining visas for family members of a refugee or a person with subsidiary protection. The third country national who wants to join a family member in Estonia has to wait in her country of residence, until the residence permit is issued. The application of the residence permit for a spouse of a refugee or a person who has subsidiary protection must be usually applied in the closest Estonian Embassy. There are some exceptions, for example when the spouse is already in Estonia, then the residence permit application can be submitted to Citizen and Migration Board. Person can also submit a request to submit the residence permit application in Estonia to CMB, with an explanation why it is not possible to apply for a residence permit in Estonian Embassy abroad. CMB can give permission, depending from the circumstances, to submit the residence permit application directly to CMB. The residence permit gives a right to cross the border so no extra visa is required.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.30 top Q: Article 14 (equal treatment)
How has the right of admitted family members to 'access to employment and self-employment in the same way as the sponsor' been implemented in national law?
answer Estonia A: The employment of a refugee and a person with subsidiary protection and his family members are regulated by the Aliens Act and AGIPA. Art 61 of AGIPA says that sponsor and his/her family member have a right to work under the conditions laid down in Aliens Act.
Alien who is residing legally in Estonia can apply for a work permit or engage in self employment activity. Working has to be registered. Refugee and a person with subsidiary protection and his family members have to apply for a working permit in order to work. Short time work can be done without working permit. All persons under age of 17 have an obligation to go to school.

§ 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)
§ 13-1 of an Aliens Act give rules for work permit. According to the Act:
  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)
§ 13-2 of an Aliens Act states rules for short-time employment in Estonia According to the Act:
  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)
§ 75 of AGIP regulate the social rights of persons enjoying international protection and access to education and labour market and it includes the provision of a family member.
  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.

Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.31 top Q: Did your country make use of the exception to that equal treatment allowed under Article 14(2) of the Directive?
answer Estonia A: No. There are no exceptions. If an alien is residing legally in Estonia he has a right to apply for a work permit. This rule applies also for the asylum seekers and persons with subsidiary protection and their family members. A family member of a person, enjoying international protection, to which a residence permit has been issued on the basis of the Act as to a person enjoying international protection, has also a right to the employment.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.32 top Q: Article 15 (autonomous residence permit)
After how many years are spouses, unmarried partners and children entitled to an autonomous residence permit under national law? What other conditions are they required to fulfil in order to obtain such a permit?
answer Estonia A: It is not regulated in AGIPA. It can be said that we have a violation of a directive here.
The family member of the refugee or a person with other status of protecion, gets the residence permit which has the same duration as the person with the protection status (art 46 of AGIPA). So the residence permit is attached to the family member who has international protecion.

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

Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.33 top Q: Under what conditions can an autonomous residence permit be obtained before the period of time normally required under national law?
answer Estonia A: The conditions are the same as for any aliens who want to get the long term residence permit. If a family member wants to apply for a separate residence permit that is not attached to the family reunifiaction 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
Article 14 5 gives the integration requrements. A person who applies for a long term residence permit must know the minimum level of Estonian language.
Integration requiement is not obligatory for minors under 15 years of age, person over 65 years and adult person with limited capacity. The language knowledge is evaluated in the exam according to the lanaguage act. The language exam is not required from a person who has aquired primary, secondary or higher education in Estonian language. Foreigner who because of his health conditions cannot permanetly make Estonian language exam, will be exempted from it.

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.


Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.34 top Q: Article 16(1)(a) (resources)
Is the income of family members taken into account for the calculation of the sufficient resources at the time of the renewal of the permit?
answer Estonia A: Yes, the family should have sufficient income to survive. All income that the family has is taken into account.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.35 top Q: Article 16(1)(b) (real family relationship)
Does the national law allow for refusal or withdrawal of a residence permit on the ground that the family member does no longer live in a real marital or family relationship? If so, which criteria have to be fulfilled under national law? Is the ground applicable to the relationship between parents and minor children?
answer Estonia A: Yes, there are provisions. If a family member does no longer live in a real marital or family relationship he looses the right for a residence permit. Regarding the child, there are no such provisions written in the law. The best interest of the child has to be respected.
The CMB has a right to check if the persons live together and if they have family relationship.

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.
A residence permit issued to settle with a spouse may be revoked on the basis specified in subsection 8 of § 12 1 within four years after the issue of the residence permit.

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


Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.36 top Q: Article 16(4) (marriage of convenience)
Does the national law contain provisions on fraud or on marriages or partnerships of conveniences? Is so are the definitions, checks and practices in conformity with Article 16(4)?
answer Estonia A: Yes national law contains provisions on fraud and checks. CMB have a right to check if the persons live together and if they have economical and pshycological dependency and if the family is stable.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.37 top Q: Article 17 (relevant considerations)
How has this clause, requiring that certain specific elements are to be taken into consideration in the decision making on residence permits and removal orders, been implemented in the national law?
answer Estonia A: In the case of unaccompanied minor, the best interests of the child have to be considered and respected. § 72 of the AGIPA give the reasons of postponing of return of an alien in following cases:
  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.
There is a certain administrative practice on examination of family reunification cases in Estonia. In case of rejection an application, withdrawal or refusal to renew a residence permit or removal of the sponsor or members of his family, the CMB is obliged to consider the nature and solidity of the person's family relationships and the duration of residence in the country, the fact of the existence of family, the persons´ cultural and social ties with his/her country of origin. However, the mentioned above requirements are not listed in the text of the Aliens Act and are the result of law-enforcing practice of the National (Supreme) Court of Estonia.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.38 top Q: Article 18 (judicial review)
Are the sponsor and his family members entitled to have a negative decision reviewed by a court or independent tribunal? If so, please specify the relevant provisions in the national law and the scope of the judicial review (full review, review on legality or marginal control only)?
answer Estonia A: Yes, the decisions can be appealed to the court. The application has to be made to the Administrative Court withing 10 days as the negative decision is an administrative act. The court reviews the legality of the negative decision and in case of infringement the case is sent back to the Citizen and Migration Board which has to make a new decision. the judgment of the First Instance Court may be appealed in the Circuit Court and finally, in the Supreme Court, if the last grants a permission to enter the Supreme court. The Supreme Court is a court of cassation, also fulfilling the functions of a constitutional court. The Supreme Court is competent to: review appeals in cassation and protests; hear petitions for review filed against court judgments; hear petitions for constitutional review; resolve certain matters pertaining to court administration.
Appealing to the court does not have suspensive effect. The execution of the decision of removal has to be stopped also by the Administrative Court.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

B.39 top Q: Article 18 (judicial review)
Is (publicly funded) legal aid available for an appeal against a decision to refuse fam-ily reunification or to withdraw the residence permit of a family member?
answer Estonia A: Yes, publicly funded legal aid is a right specified in the Legal Aid Act. In practice it is difficult to get the publicly funded state legal aid. The decision of refusal is an administrative act and can be contested in front of the Administrative Court.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

C. Final questions
C.1 top Q: What are in your view the main strengths and weaknesses of the Directive?
answer Estonia A: The directive is very vague. In many cases it says “may' that does not oblige member states to regulate the area. At the same time there has been an attempt to do so, by giving lot of ideas how the family reunification should be regulated in member states, it is a good start for common rules in Europe, but unfortunately the wording of the directive does not do that.
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

C.2 top Q: Please add any other interesting information on the Directive or its implementation in your country that might be relevant for our study.
answer Estonia A:
Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

C.3 top Q: Please send us copies of the relevant laws and regulations, of any legal or other publications on the Directive or of judgments of national courts applying or interpreting the Directive, if possible in electronic form.
answer Estonia A: The following documents are annexed to this questionnaire:
a) laws and regulations: b) Explanatory reports
    --
c) Publications:
    --
d) Judgements:
    --

Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR

D. Table
D.1 top Q: This table refers only to mandatory provisions of the Directive.
Please choose for each article one of the four alternative labels:
  • correct transposition
  • no transposition
  • violation of the Directive
  • unclear
If you choose the label 'violation' or 'unclear', please add a footnote with a short explanation.
answer Estonia A:
Articles of the
Directive
Opinion about TranspositionExplanation
5(5) correct transposition
10(3)(a) correct transposition
11unclear It is not regulated what should be done if the asylum seeker can't present official evidence of the family reunification.
13(1) correct transposition Residence permit gives an access to the country no extra visa is required.
14(1) correct transposition
15violation Residence permit application of a family member is not independent from the family even after 5 years. It is not regulated in the AGIPA. However under the Aliens Act the family member has a right also to apply for a residence permit and after 5 years has a right to apply for the long term residence permit if he or she also fulfils the integration requirement which is the Estonian language skill.
16(1)(b) correct transposition Estonia can reject the application for enty and residence for the purpose of family reunification or if appropritem withrdraw or refuse to renew a family members resdence permit, when the sponsor and his/her family member(s) do not or no longer live in a real marital or family relationship.
17no transposition It is not specifically stated in the law that during the review of residence permit application the duration, cultural, social ties have to be considered. The law only states the grounds of rejection of an application.
18 correct transposition

Answers on this question by other countries:
AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR