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Aliens Act
Passed 8 July 1993
(RT1 I 1999, 44, 637; consolidated text RT I 1997, 50, 548),
entered into force 12 July 1993,

amended by the following Acts:
06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352;
17.01.2001 entered into force 16.02.2001 - RT I 2001, 16, 68;
17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254;
11.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 197;
21.03.2000 entered into force 29.03.2000 - RT I 2000, 25, 148;
15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900;
17.11.99 entered into force 10.12.99 - RT I 1999, 88, 808;
21.09.99 entered into force 01.10.99 - RT I 1999, 71, 686;
16.06.99 entered into force 23.06.99 - RT I 1999, 54, 582.

Based on the rights and freedoms arising from the Constitution of the Republic of Estonia, considering that generally recognised principles and rules of international law are an inseparable part of the Estonian legal system, based on the need to guarantee aliens residing in Estonia with an internationally recognised status and to determine the duties of aliens, desiring to create a sense of security by law for aliens residing both temporarily and permanently in Estonia, this Act is passed.

Chapter I
General Provisions

§ 1. Scope of application
This Act regulates the entry of aliens into Estonia, their stay, residence and employment in Estonia and the bases for legal liability of aliens.

§ 2. Authorised agencies
(1) Acts arising from this Act shall be performed by government agencies designated by the Government of the Republic.
(2) The head of a government agency appointed by the Republic of the Government may authorise senior officials and higher officials of the same government agency to perform acts specified in subsection (1) of this section on behalf of the government agency.
(17.01.2001 entered into force 16.02.2001 - RT I 2001, 16, 68)

§ 3. Alien
(1) For the purposes of this Act, an alien is a person who is not an Estonian citizen.
(21.10.98 entered into force 01.04.99 - RT I 1998, 98/99, 1575)
(2) The procedure for the stay of refugees in Estonia shall be provided by a separate Act.
(18.02.97 entered into force 09.07.97 - RT I 1997, 19, 306)

§ 4. Permanent resident
(1) A permanent resident is an Estonian citizen residing in Estonia or an alien residing in Estonia who holds a permanent residence permit.
(2) The definition of a permanent resident for the purposes of this Act does not extend to legislation which was adopted before the entry into force of this Act.

§ 41. Minor child
For the purposes of this Act, a minor child is a person under 18 years of age. A person who is married, has a separate family or leads an independent life is not deemed to be a minor child.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 5. Rights and duties of aliens
(1) Aliens staying in Estonia are guaranteed rights and freedoms equal to those of Estonian citizens unless the Constitution, this Act, other Acts or international agreements of Estonia provide otherwise.
(2) Aliens are guaranteed the rights and freedoms arising from the generally recognised rules of international law and international custom.
(3) Aliens staying in Estonia are required to observe the constitutional order and legislation of Estonia. Chapter II
Immigration quota

§ 6. Immigration quota
(1) The annual immigration quota is the quota for aliens immigrating to Estonia which shall not exceed 0.05 per cent of the permanent population of Estonia annually. The immigration quota shall be established by the Government of the Republic taking into account the proposals of the local governments. Within the limits of the immigration quota, the Minister of Internal Affairs may, by a ruling, establish a distribution of the immigration quota according to the grounds for application for the residence permit and the basis for issuing the residence permit, and the annual schedule. Persons who have the right to settle in Estonia outside of the immigration quota or to whom the immigration quota does not apply are not included in calculating fulfilment of the immigration quota.
(23.09.97 entered into force 26.10.97 - RT I 1997, 73, 1202; 15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900)
(2) Every Estonian has the right to settle in Estonia outside of the immigration quota.
21) The immigration quota does not apply to the following:
1) the spouse of an Estonian citizen who applies for a residence permit on the basis of subsection 12 (2) of this Act if the spouses have a common minor child or the pregnancy of the woman has lasted for more than twelve weeks;
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
2) a minor child of an Estonian citizen for whom a residence permit is applied for on the basis of clause 12 (1) 3) of this Act.
(11.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 197; 17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(3) The immigration quota does not apply to citizens of the European Union, the United States of America, Norway, Iceland, Switzerland and Japan.
(15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900)
(4) The Minister of Internal Affairs may, on a reasoned proposal of the Minister of Economic Affairs, Minister of Finance, Minister of Culture or Minister of Education, exempt specific persons from the immigration quota if their arrival in Estonia is necessary in the national interests for economic, educational, scientific or cultural development.
(15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900) Chapter III
Passport Requirements
(Repealed - 15.02.99 entered into force 01.01.2000)

§ 7. Identification of aliens
(Repealed - 15.02.99 entered into force 01.01.2000)
§ 8. Alien's passport
(Repealed - 15.02.99 entered into force 01.01.2000) Chapter IV
Visas, Residence Permits and Work Permits

§ 9. General Principles
(1) A legal basis must exist for an alien to enter Estonia or stay in Estonia. An alien shall hold a work permit to work in Estonia. The legal bases for an alien to stay in Estonia are:
1) a residence permit;
2) a visa, within the term for stay in Estonia prescribed thereby;
3) the right to stay in Estonia arising from an international agreement;
4) the right to stay in Estonia arising from a resolution of the Government of the Republic to forego the visa requirement;
5) other permission arising from law, or permission granted by administrative legislation on the basis of law for the alien to stay in Estonia.
(21.10.98 entered into force 01.04.99 - RT I 1998, 98/99, 1575)
(11) An alien who during the period of validity of his or her residence permit applies for an extension of the residence permit or for a permanent residence permit pursuant to the procedure established by the Government of the Republic is deemed to be staying in Estonia legally until a decision concerning his or her application is made.
(21.03.2000 entered into force 29.03.2000 - RT I 2000, 25, 148)
(12) In the cases established by the Government of the Republic, an alien shall be in possession of a visa in order to enter and stay in a transit zone at an Estonian airport.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(2) Aliens shall apply for a visa or temporary residence permit at the representations of the Republic of Estonia unless otherwise provided by this Act.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(21) As an exception, a visa may be issued at a border checkpoint in the following cases:
1) on the basis of a decision of an official authorised by the Minister of Foreign Affairs, to aliens belonging to a foreign official delegation or to a delegation having equal status therewith according to the diplomatic practice, and to aliens accompanying such delegations;
2) on the basis of a decision of an official authorised by the Minister of Internal Affairs, to aliens who are allowed to enter Estonia on the basis of an international agreement;
3) on the basis of a decision of an official authorised by the Minister of Internal Affairs, to Estonians arriving at a border checkpoint open to international travel;
4) on the basis of a decision of the Minister of Internal Affairs, to aliens who arrive in Estonia at the invitation of a member of the Government of the Republic;
5) on the basis of a decision of the Minister of Internal Affairs, to aliens whose arrival in Estonia is necessary due to urgent and unforeseeable circumstances.
(15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900)
(22) A visa issued as an exception at a border checkpoint gives the right for a single entry in Estonia and the validity of such visa shall not exceed fifteen days.
(15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900)
(23) The Government of the Republic shall, by a ruling, establish the procedure for issuing visas as an exception at a border checkpoint.
(15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900)
(3) The following may apply for a temporary residence permit at a government agency in Estonia authorised by the Government of the Republic:
1) Estonians and their spouses and minor children;
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
2) the spouses and minor children of Estonian citizens;
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
3) children under one year of age descending from aliens who reside in Estonia on the basis of a residence permit;
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
4) aliens who arrive in Estonia at the invitation of a government agency for implementation of a co-operation or aid programme;
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
5) aliens who stay in Estonia on the basis of a temporary residence permit and apply for a new temporary residence permit;
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
6) aliens to whom a government agency authorised by the Government of the Republic has granted such permission as an exception on the condition that they are unable to apply for a residence permit at a representation of the Republic of Estonia for good reason;
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395; 17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
7) aliens specified in subsections 6 (3) and (4) of this Act and their spouses and minor children.
(15.12.99 entered into force 31.12.99 - RT I 1999, 101, 900; 17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(4) (Repealed –17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(5) Aliens have the right to contest in court a decision to refuse to extend or to revoke their residence or work permit, or a precept to leave Estonia issued to them.
(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 10. Visa
(1) A visa is a permit granted to an alien for entry into Estonia through a border checkpoint open for international travel and for staying in Estonia for the period of time indicated on the visa, unless otherwise provided for in this Act.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(11) A visa may be issued to an alien for entry into a transit zone at an Estonian airport and for stay therein and departure therefrom under the conditions indicated in the visa. The specified visa does not grant the alien the right to enter Estonia or stay in Estonia.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(2) The Government of the Republic shall establish visa rules, which regulate the application for, issue, extension and revocation of visas, determine the categories of visas and the competence of agencies which ensure compliance with the rules, and shall enter into visa-free travel agreements with foreign states.
(01.07.97 entered into force 21.07.97 - RT I 1997, 53, 837)
(3) The Minister of Foreign Affairs and Minister of Internal Affairs have the right to issue regulations for the implementation of visa rules to the extent established by the Government of the Republic.
(01.07.97 entered into force 21.07.97 - RT I 1997, 53, 837)
(4) The Government of the Republic shall establish a list of states whose citizens are unilaterally relieved of the visa requirement in Estonia.
(21.10.98 entered into force 01.04.99 - RT I 1998, 98/99, 1575)
(5) A state visa register shall be maintained concerning visa invitations, visa applications, applications for extension of visas, and decisions made with regard thereto, cancelled and amended visas and border crossings of aliens who hold visas.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 11. Residence permits
(1) Residence permits are:
1) temporary, which are issued for a term of up to five years;
2) permanent.
(2) A temporary residence permit shall be extended on the basis of an application of an alien if the basis for the issue of the residence permit has not ceased to exist, and there is no basis to refuse to extend the residence permit and if the extension of the residence permit is justified.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 12. Bases for issue of residence permits
(1) A temporary residence permit may be issued to aliens:
1) for employment;
2) for study in an educational institution according to the application of the educational institution;
3) in order to settle with a close relative permanently resident in Estonia;
4) whose legal income ensures their subsistence; lawfully earned remuneration for work, income received from lawful business activities or property, pensions, scholarships, alimony, state benefits, including unemployment benefits and child benefits and the support ensured by family members earning legal income in Estonia shall be deemed to be legal income;
5) whose application for a residence permit is based on an international agreement.
(2) A temporary residence permit may be issued to an alien who is married to a person permanently resident in Estonia.
(3) A permanent residence permit may be issued to an alien who has resided in Estonia on the basis of a temporary residence permit for at least three years within the last five years and who has a valid residence permit, a residence in Estonia and legal income for subsistence in Estonia, unless otherwise provided by this Act. A permanent residence permit shall not be issued to an alien who has received a residence permit in Estonia pursuant to clauses (1) 1) or 2) of this section.
(31) A permanent residence permit may be issued to a minor child of an Estonian citizen residing in Estonia or an alien residing in Estonia on the basis of a permanent residence permit unless the child resides in a foreign state and wishes to settle in Estonia.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(4) A residence permit shall not be issued to or extended for an alien if:
1) 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;
2) he or she does not observe the constitutional order and laws of Estonia;
3) 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;
4) 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;
5) he or she has committed a criminal offence for which he or she has been sentenced to imprisonment for a term of more than one year and his or her criminal record has neither expired nor been expunged, or the data concerning the punishment have not been expunged from the punishment register;
6) he or she is in the active service of the armed forces of a foreign state;
7) he or she has served as a professional member of the armed forces of a foreign state or has been assigned to the reserve forces thereof or has retired therefrom;
8) he or she has been repeatedly punished pursuant to criminal procedure for an intentionally committed criminal offence;
9) 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;
10) 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;
11) 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;
12) he or she has or there is good reason to believe that he or she has participated in punitive operations against civil population;
13) there is good reason to believe that he or she has committed a crime against humanity or a war crime;
14) he or she is the spouse or a minor child of a person specified in clauses 6), 7), 10), 11) or 12) of this subsection;
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
15) prohibition on entry applies to him or her.
(5) As an exception, temporary residence permits may be issued to aliens listed in clauses (4) 5)–8) and 14) of this section and such residence permits may be extended if the circumstances specified in clauses (4) 1)–4), 9)–13) or 15) of this section have not been ascertained with regard to such aliens.
(6) The circumstances listed in clauses (4) 1)–4), 6) and 8)–13) of this section shall be considered as a threat to the security of the Estonian state.
(21.09.99 entered into force 01.10.99 - RT I 1999, 71, 686)
(7) Clauses (4) 6), 7) and 10) of this section do not extend to citizens of the member states of the European Union or NATO and clause (4) 14) of this section does not extend to the spouses or minor children of such citizens.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(8) Issue of a residence permit shall be refused if the immigration quota has been fulfilled by the time a decision in respect of the application is made.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(9) Issue and extension of a residence permit shall be refused if:
1) the basis for issue or extension of the residence permit has ceased to exist;
2) an alien does not comply with the requirements established by this Act for issue or extension of residence permits;
3) the application for issue or extension of a residence permit is not justified;
4) a person has committed to leaving the Republic of Estonia, has received a residential space abroad within the framework of an international aid programme or has received support for leaving Estonia.
(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 121. Issue of residence permit for settling with spouse
(1) A temporary residence permit may be issued to an alien for settling with his or her spouse who legally resides in Estonia if the spouses share a close economic ties and psychological relationship and the family is stable and the marriage is not fictitious.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(2) If an alien applies for settling with an alien who legally resides in Estonia, his or her spouse must have legal income to ensure the support of the family, or the joint legal income of the spouses must ensure the support of the family in Estonia.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(3) The validity of a temporary residence permit issued to an alien who has been married for less than three years to a person who legally resides in Estonia shall not exceed one year, and the residence permit shall be extended during three years for one year at a time. The validity of a residence permit issued to an alien who has been married for more than three years to a person who legally resides in Estonia shall not exceed three years.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(4) A residence permit issued for settling with a spouse shall be extended if the marriage and the income of the family comply with the requirements specified in subsections (1) and (2) of this section.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(5) A residence permit for settling with a spouse shall be revoked or the extension thereof shall be refused if the marriage is divorced or does not comply with the requirements established in subsection (1) of this section. A residence permit may be revoked within five years after the issue of the first residence permit.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(6) The following supplementary conditions apply upon issue of a residence permit on the basis of subsection 12 (2) of this Act to the spouse of an alien who holds a temporary residence permit and upon extension and revocation of a residence permit issued on the specified basis:
1) the validity of the temporary residence permit issued to him or her shall not exceed the validity of the temporary residence permit of his or her spouse;
2) the extension of his or her temporary residence permit shall be refused if the temporary residence permit of his or her spouse is not extended;
3) the temporary residence permit issued to him or her shall be revoked simultaneously with the revocation of the temporary residence permit of his or her spouse;
4) a permanent residence permit shall not be issued to him or her unless a permanent residence permit is issued or Estonian citizenship is granted to his or her spouse.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 122. Issue of residence permits for study
(1) For commencement of studies in an educational institution in Estonia, a residence permit may be issued to an alien for up to one year and such alien shall not be included in the immigration quota. The residence permit of such alien shall be extended unless the basis for the issue of the residence permit has ceased to exist, but not for more than a total of six years.
(2) A residence permit issued for study in Estonia shall be revoked if the basis for the issue thereof has ceased to exist.
(3) The period of time during which an alien specified in subsection (1) of this section studies in Estonia shall not be included in the period of residence in Estonia necessary for obtaining a permanent residence permit if such alien has later obtained a residence permit on another basis specified in subsection 12 (1) or (2) of this Act.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 123. Issue of residence permits for settling with close relative residing in Estonia
(1) A residence permit may be issued to the following aliens for settling with a close relative who legally resides in Estonia:
1) to a minor child in order to settle with a parent who legally resides in Estonia;
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
2) to a parent or grandparent in order to settle with his or her adult child or grandchild if the parent or grandparent needs care which he or she cannot receive in the country of his or her location or in another state and the legal income of his or her child or grandchild who legally resides in Estonia ensures the support of the parent or grandparent in Estonia;
3) to a person under guardianship in order to settle with the guardian if the legal income of the guardian ensures the support of the person in Estonia.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(2) A residence permit issued for settling with a close relative residing in Estonia shall be revoked or the extension thereof shall be refused if:
1) the basis for the issue of the residence permit has ceased to exist;
2) in the cases specified in subsection (1) of this section, the person with whom the alien settled fails to ensure the support of the alien in Estonia.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)
(3) The following supplementary conditions apply upon issue of a residence permit on the basis of clause 12 (1) 3) of this Act to a close relative of an alien who holds a temporary residence permit and upon extension and revocation of a residence permit issued on the specified basis:
1) the validity of his or her temporary residence permit shall not exceed the validity of the temporary residence permit of the close relative with whom he or she settles;
2) the extension of his or her temporary residence permit shall be refused if the temporary residence permit of the close relative with whom he or she settled is not extended;
3) his or her temporary residence permit shall be revoked at the same time as the temporary residence permit of the close relative with whom he or she settled is revoked;
4) a permanent residence permit shall not be issued to him or her unless a permanent residence permit is issued or Estonian citizenship is granted to the close relative with whom he or she settled.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 124. Issue of residence permits to aliens whose legal income ensures their subsistence
(1) A temporary residence permit may be issued for up to two years to an alien whose legal income ensures his or her subsistence if the issue of the residence permit is justified and does not damage the interests of the Estonian state. A work permit shall not be issued to such alien for employment in Estonia.
(2) The residence permit of an alien specified in subsection (1) of this section may be extended by two years if upon the extension of the residence permit the legal income of the alien ensures his or her subsistence and the issue of the residence permit is justified and does not damage the interests of the Estonian state.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 13. Work permit
(1) In order to work in Estonia an alien shall hold a work permit, unless otherwise provided by this Act.
(2) The activities as defined in the Income Tax Act (RT I 1993, 79, 1184; 1998, 9, 111; 28, 353 and 354; 34, 485 and 489; 40, 612; 51, 757; 28, 354; 61, 979; 103, 1699; 34, 485; 1999, 4, 51; 10, 150; 16, 270 and 273; 27, 383 and 393) of a resident or non-resident alien as a sole proprietor in Estonia or his or her employment in Estonia under an employment contract, contract for services or other contract shall be deemed to be employment in Estonia.
(3) The following do not require a work permit in order to work in Estonia:
1) aliens with permanent residence permits;
2) aliens who have arrived in Estonia at the invitation of the Government of the Republic or a government agency authorised thereby for a stay of up to one year for the implementation of a co-operation or aid programme;
3) aliens specified in subsection 20 (1) of this Act.
(4) An alien who wishes to obtain a residence permit in order to work in Estonia or an employer who wishes to employ an alien (hereinafter employer) shall obtain the consent of a government agency authorised by the Government of the Republic before applying for a work permit. Such government agency shall refuse consent if an alien who wishes to obtain a residence permit on the basis of clause 12 (1) 1) of this Act competes in the Estonian labour market and his or her employment is not justified taking into consideration the situation in the Estonian labour market.
(5) If a residence permit for employment is issued to an alien on the basis of clause 12 (1) 1) of this Act, the conditions for employment of the alien in Estonia shall be determined by a work permit. If the conditions for employment determined by the work permit change, a government agency authorised by the Government of the Republic shall revoke the work permit and, after three months, also the residence permit.
(6) A work permit shall not be issued to an alien who lacks a legal basis for staying in Estonia.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 14. Expiry and revocation of residence permits and work permits
(1) A residence permit or work permit expires:
1) on the date of expiry;
2) upon the grant of Estonian citizenship to an alien or upon his or her resumption of Estonian citizenship;
3) upon the death or declaration of death of an alien.
(2) A residence permit or work permit shall be revoked:
1) in the cases listed in subsection 12 (4) and clauses 12 (9) 1) and 2) of this Act;
2) on the personal request of an alien;
3) if an alien stays outside Estonia for more than a total of 183 days in a year in the case he or she does not register his or her absence under the conditions and pursuant to the procedure established by the Government of the Republic of Estonia.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 141. Administration of issue of residence permits and work permits
(1) The Government of the Republic shall establish by a regulation:
1) the procedure for application for, issue, extension and revocation of residence permits and work permits, and the competence of government agencies which ensure enforcement of the procedure and officials of the corresponding government agencies;
(17.01.2001 entered into force 16.02.2001 - RT I 2001, 16, 68)
2) the amounts of legal income provided for in this Act;
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
3) the procedure for notification specified in subsections 15 (1) and (2) of this Act.
(2) The following shall be established by a regulation of the Minister of Internal Affairs:
1) the format of applications for residence permits and work permits and of applications for extension thereof;
2) the format for entry of data concerning a residence permit or work permit in the travel document of an alien and for cancellation of the entry;
3) the procedure for transfer of a residence permit or work permit into a new travel document.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 142. Competence to issue, extend and revoke residence permits and work permits
(1) A government agency designated by the Government of the Republic shall decide the issue or refusal to issue, extension or refusal to extend or revocation of temporary and permanent residence permits and work permits.
(2) As an exception, the Government of the Republic shall decide the issue, refusal to issue or refusal to extend a residence permit if the applicant is in the list set out in clause 3 of article 2 of the "Agreement between the Republic of Estonia and the Russian Federation on Social Guarantees for Pensioners of the Armed Forces of the Russian Federation in the Territory of the Republic of Estonia" (RT II 1995, 46, 203), specified and accepted by Estonia.
(17.01.2001 entered into force 16.02.2001 - RT I 2001, 16, 68) Chapter V
Notification and Legal Liability

§ 15. Notification
(1) Aliens are required to inform state agencies authorised by the Government of the Republic of the following circumstances if they are the basis for their residence permit:
1) changes in permanent residence;
2) premature termination of an employment contract;
3) changes in marital status;
4) expulsion from an educational institution or interruption of studies.
(2) The subjects specified below are required to inform state agencies authorised by the Government of the Republic of the following circumstances pertaining to an alien:
1) employers: premature termination of an employment contract;
2) educational institutions: expulsion of a student and completion or interruption of studies;
3) legal authorities: offences within their competence;
4) courts: criminal offences for which a sentence of imprisonment for a term of more than one year is imposed;
5) agencies registering vital statistics: changes in marital status.

§ 16. Legal liability
(1) An alien shall bear administrative liability for violation of this Act pursuant to the procedure provided for in the Code of Administrative Offences (RT 1992, 29, 396; RT I 1999, 41, 496; 58, 608; 60, 616; 87, 792; 92, 825; 95, 843; 2000, 25, 141; 28, 167; 29, 169; 40, 247; 49, 301; 49, 305; 54, 351; 55, 361; 10, 58; 54, 346; 84, 533; 58, 376; 86, 544; 86, 548; 95, 609; 51, 321; 54, 348; 54, 351; 95, 613).
(2) An alien may be required to leave the territory of the Republic of Estonia and his or her entry into Estonia may be prohibited pursuant to the procedure provided for in the Obligation to Leave and Prohibition on Entry Act.
(21.10.98 entered into force 01.04.99 - RT I 1998, 98/99, 1575)
(3) Records concerning an alien staying in Estonia illegally shall be maintained until he or she leaves Estonia or obtains a residence permit in Estonia. The procedure for maintaining records and the standard format for records shall be established by a regulation of the Minister of Internal Affairs.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 161. Bearing of costs related to stay of aliens in Estonia or leave from Estonia
(1) An alien or a person at whose invitation an alien arrives in Estonia (hereinafter sponsor) is required to bear the costs of the stay of the alien in Estonia and his or her departure from Estonia, including transportation costs borne in connection with the expulsion of the alien from Estonia. Upon failure to perform such obligation, an alien or a sponsor is required to compensate the state for such expenses.
(2) A person who transports or whose representative (hereinafter transporter) transports an alien who, upon arrival at the Estonian border, lacks a legal basis for staying in Estonia or a document necessary for crossing the border, is required to transport the alien, upon such alien being returned from the Estonian border, back to the same place where the alien boarded the means of transport of the transporter or back to the country of habitual residence of the alien. If this is impossible, the transporter is required to compensate the state for costs related to the stay of the alien in Estonia and his or her departure from Estonia.
(3) If the costs specified in subsections (1) and (2) of this section are not compensated for the state, the costs shall be claimed, by a court proceeding, by the government agency who bore the costs.
(4) Upon granting permission to invite an alien to Estonia, granting a legal basis for an alien to stay in Estonia and permitting him or her to enter Estonia, a government agency authorised by the Government of the Republic may require the alien, sponsor or transporter to guarantee performance of the obligations specified in subsections (1) or (2) of this section to the extent and pursuant to the procedure established by the Government of the Republic. In the absence of a proper guarantee, the issue of permission to invite an alien to Estonia, the grant of a legal basis for an alien to stay in Estonia and permission for him or her to enter Estonia shall be refused.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
(5) The procedure for and extent of compensation for the costs specified in subsections (1) and (2) of this section shall be established by the Government of the Republic. Funds for bearing the costs specified in subsections (1) and (2) of this section by the state shall be prescribed in the budgets of the government agencies authorised by the Government of the Republic.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395) Chapter VI
Final Provisions

§ 17. Personal identification code
Personal identification codes shall be issued by a government agency authorised by the Government of the Republic to aliens to whom residence permits have been issued.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 18. Employees of foreign representations
The stay and employment of employees of foreign diplomatic representations and consular posts and of their family members in Estonia is regulated by international agreements and other instruments of international law.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 19. Register of residence permits and work permits
A state register of residence permits and work permits shall be maintained concerning applications for residence permits and work permits and for extension thereof, invitations to settle in Estonia, applications for revocation of residence permits and work permits, applications for the transfer of data concerning residence permits and work permits into new travel documents, applications for registration of absence from Estonia, and decisions made in respect thereof, as well as decisions to revoke residence permits and work permits.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)
§ 20. Legal guarantees for aliens who applied for residence permit before 12 July 1995
(1) An alien who applied for a residence permit before 12 July 1995 and to whom a residence permit has been issued and who is not among the aliens specified in subsection 12 (4) of the Aliens Act retains the rights and duties provided for in earlier legislation of the Republic of Estonia.
(2) An alien specified in subsection (1) of this section does not require a work permit in order to work in Estonia during the period of validity of his or her temporary residence permit and he or she has the right to apply for a permanent residence permit as of 12 July 1998 under the conditions and pursuant to the procedure established by the Government of the Republic. An application for a permanent residence permit shall be submitted at least one month before the expiry of a temporary residence permit issued to an alien.
(23.09.97 entered into force 26.10.97 - RT I 1997, 73, 1202; 17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395; 16.06.99 entered into force 23.06.99 - RT I 1999, 54, 582)

§ 21. Non-application of immigration quota
A residence permit may be issued outside of the immigration quota to an alien to whom the issue of a residence permit is justified and does not damage the interests of the Estonian state and who settled in Estonia before 1 July 1990 and has thereafter not left to reside in another country.
(17.02.99 entered into force 01.10.99 - RT I 1999, 27, 395)

§ 22. Duties of local governments in issue of residence permits
Local governments are required to monitor that the residence permits of aliens staying in the territories of the local governments are issued pursuant to this Act and pursuant to the procedure and for the term established by the Government of the Republic. Otherwise, local governments are required to inform the authorised state agency thereof.
(18.05.94 entered into force 10.06.94 - RT I 1994, 41, 658; 27.06.95 entered into force 21.07.95 - RT I 1995, 57, 981)

§ 23. Duties of employers with regard to issue of work permits
Employers are required to monitor that the work permits of aliens employed by the employer are issued pursuant to this Act and pursuant to the procedure and for the term established by the Government of the Republic. Otherwise, employers are required to dismiss such aliens and to inform the authorised state agency thereof.
(18.05.94 entered into force 10.06.94 - RT I 1994, 41, 658; 27.06.95 entered into force 21.07.95 - RT I 1995, 57, 981)

§ 231. Administrative liability of legal persons
A fine in the amount of 10 000 kroons to 50 000 kroons shall be imposed if a legal person hires an alien without a work permit to work in Estonia if a work permit is required.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 232. Proceedings of matters concerning administrative offences of legal persons
Proceedings of matters concerning administrative offences of legal persons shall be conducted pursuant to the procedure prescribed in the Code of Administrative Offences (RT 1992, 29, 396; RT I 1999, 41, 496; 58, 608; 60, 616; 87, 792; 92, 825; 95, 843; 2000, 25, 141; 28, 167; 29, 169; 40, 247; 49, 301; 49, 305; 54, 351; 55, 361; 10, 58; 54, 346; 84, 533; 58, 376; 86, 544; 86, 548; 95, 609; 51, 321; 54, 348; 54, 351; 95, 613), taking into account the exceptions provided for in this Act.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 233. Preparation of administrative offence reports on legal persons
(1) Officials of the Citizenship and Migration Board and police officers have the right to prepare administrative offence reports on legal persons for the offences specified in § 231 of this Act.
(2) An administrative offence report provided for in subsection (1) of this section shall set out:
1) the date and place of preparation of the report and the name and address of the supervisory agency in whose name the report is prepared;
2) the official title, given name and surname of the person who prepares the report;
3) the name and address of the legal person who is the administrative offender and the position, given name and surname of the competent representative of the legal person;
4) the place, time and description of the administrative offence;
5) a reference to the section of this Act which prescribes liability for the administrative offence;
6) materials which substantiate the commission of the administrative offence, such as statements by witnesses and other necessary materials for resolution of the matter;
7) a notation that the rights and duties of the administrative offender have been explained to the administrative offender;
8) other information necessary for adjudication of the matter concerning the administrative offence.
(3) The person who prepares the report and the competent representative of the offender shall sign the report. If the representative of the administrative offender refuses to sign the report or provide explanations, the person who prepares the report shall make a corresponding entry in the report. If the representative of the administrative offender so requires, his or her notations concerning the report shall be annexed to the report.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 234. Hearing of matters concerning administrative offences of legal persons
Administrative court judges have the right to hear matters concerning administrative offences of legal persons and impose punishment in such matters.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 235. Liability of natural persons in matters concerning administrative offences of legal persons
If a natural person, acting on behalf of or in the interests of a legal person, commits an act specified in § 231 of this Act, punishment for the violation may be applied simultaneously to the natural person and to the legal person.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 236. Limitation period for imposition of administrative punishment on legal persons
Administrative punishment may be imposed on a legal person within six months after the date of detection of the administrative offence, but not later than one year after the date of commission of the offence.
(17.05.2000 entered into force 01.08.2000 - RT I 2000, 40, 254)

§ 24. Amendments to earlier Acts
As of the entry into force of this Act:
1) the words “Immigration Act” in the title of § 171 and in subsection 171 (4) of the Code of Administrative Offences (RT 1992, 29, 396; RT I 1999, 41, 496; 58, 608; 60, 616; 87, 792; 92, 825; 95, 843; 2000, 25, 141; 28, 167; 29, 169; 40, 247; 49, 301; 49, 305; 54, 351; 55, 361; 10, 58; 54, 346; 84, 533; 58, 376; 86, 544; 86, 548; 95, 609; 51, 321; 54, 348; 54, 351; 95, 613) shall be substituted by the words “Aliens Act” and the words “work permit” [töötamisluba] in subsections 171 (1), (2) and (3) of the Code of Administrative Offences shall be substituted by the words “work permit” [tööluba] in appropriate case forms;
2) the words “the Republic of Estonia Immigration Act” (RT 1990, 2, 25) in subsection 15 (4) of the Churches and Congregations Act (RT I 1993, 30, 510; 44, 637; 1994, 28, 425) are substituted by the words “Aliens Act”;
3) the Republic of Estonia Immigration Act of 26 June 1990 (RT 1990, 2, 25) is repealed.

§ 25. Entry into force of Act
This Act enters into force as of the date of publication in the Riigi Teataja.
1 RT = Riigi Teataja = State Gazette


Source: Estonian Legal Translation Centre
http://www.legaltext.ee/indexen.htm


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