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Approval of Procedure for Application for, Issue, Extension and Revocation of Residence and Work Permits and Determination of Competence of State Agencies Ensuring Implementation of the Procedure

Regulation No. 362 of the Government of the Republic of 23 November 1999
(RT* I 1999, 90, 815),
entered into force 11 December 1999.

Pursuant to 2, clause 141 (1) 1) and subsection 20 (2) of the Aliens Act (RT I 1993, 44, 637; 1999, 50, 548; 54, 582; 71, 686), and subsection 15 (3) of the Refugees Act (RT I 1997, 19, 306; 1999, 18, 301; 25, 365), the Government of the Republic resolves:

1. To approve the "Procedure for Application for, Issue, Extension and Revocation of Residence and Work Permits" (annexed).

2. To establish that:

1) the authorised state agency specified in subsection 9 (3), subsection 13 (5), subsections 15 (1) and (2) and 17, 22 and 23 of the Aliens Act shall be the Citizenship and Migration Board;

2) the authorised government agencies specified in subsection 13 (4) of the Aliens Act shall be the local offices of the Labour Market Board;

3) the authorised government agencies specified in subsection 161 (4) of the Aliens Act shall be the Border Guard Administration and the border guard regions as its local offices, and the Citizenship and Migration Board, and representations as structural units of the Ministry of Foreign Affairs.

3. To repeal:

1) Regulation No. 69 of the Government of the Republic of 14 February 1995 Implementation of Aliens Act (RT I 1995, 18, 242; 1998, 58, 924);

2) clause 1 of Regulation No. 368 of the Government of the Republic of 7 December 1995 Approval of Procedure for Issue, Extension and Revocation of Residence and Work Permits to Aliens (RT I 1995, 93, 1612; 1996, 34, 693; 40, 776; 41, 798; 1997, 14, 241);

3) clauses 1 and 3 of Regulation No. 130 of the Government of the Republic of 14 May 1996 "Approval of Procedure for Issue of Residence Permits to Aliens who have Served as Professional Members of Armed Forces of Foreign States and their Family Members" (RT I 1996, 34, 693; 50, 960; 74, 1314; 88, 1561);

4) Regulation No. 137 of the Government of the Republic of 16 June 1998 "Conditions of and Procedure for Application for Permanent Residence Permits" (RT I 1998, 58, 923).



Approved by Regulation No. 362 of the Government of the Republic of 23 November 1999

Procedure for Application for, Issue, Extension and Revocation of Residence and Work Permits

I. Application for and Issue of Temporary Residence and Work Permits

1. An alien shall file an application for a temporary residence permit to a representation of Estonia (hereinafter representation). An alien specified in subsection 9 (3) of the Aliens Act may file an application for a temporary residence permit to a regional unit of the Citizenship and Migration Board.

2. An alien shall file an application for a work permit to a regional unit of the Citizenship and Migration Board or a representation. An alien who applies for a temporary residence permit pursuant to clause 12 (1) 1) of the Aliens Act for employment in Estonia, shall file an application for a work permit at the same time with an application for a temporary residence permit.

3. An alien who wishes to obtain a permit from the Minister of Internal Affairs for the filing of an application for a temporary residence permit as an exception to the Citizenship and Migration Board pursuant to clause 9 (3) 6) of the Aliens Act (hereinafter petitioner), shall submit a corresponding written petition (hereinafter petition) together with the documents certifying the information presented in the petition to a regional unit of the Citizenship and Migration Board.

A request shall set out the following:

1) the given name and surname, date and place of birth of the petitioner;

2) the residential address;

3) the date and circumstances concerning arrival in Estonia;

4) the reasons why the petitioner is unable to apply for a temporary residence permit in a representation.

Upon submission of a petition, the provisions of clause 5 of this Procedure apply. The Minister of Internal Affairs shall make a decision on the satisfaction of or refusal to satisfy a petition on the basis of information presented in the petition and documents appended thereto by a reasoned directive.

4. An alien (hereinafter applicant) shall file an application for a temporary residence permit and work permit (hereinafter application) personally. If an applicant cannot file the application personally, a representative may file it on behalf of the applicant.

The parent, guardian or representative of the guardianship authority of an applicant who is under 15 years of age shall file an application on behalf of the applicant.

The guardian or representative of a guardianship authority shall file an application on behalf of an applicant who is divested of active legal capacity. The representative of a social welfare institution shall file an application on behalf of an applicant who is placed in the social welfare institution.

5. An applicant shall sign the application. If the applicant is incapable of signing, an official who accepts the application shall enter the notation 'illiterate' or 'disabled person' in the corresponding field of the application. The parent, guardian or head of the guardianship authority or social welfare institution of an applicant who is under 15 years of age shall sign an application on behalf of the applicant.

The guardian or head of a guardianship authority or social welfare institution shall sign an application on behalf of an applicant who is divested of active legal capacity.

6. An application shall be completed in block letters in Estonian, English or Russian and shall not contain corrections. All information prescribed in this Procedure shall be presented in the application. Persons' names shall be written in the application according to the form of the name as written in the identity document or travel document of the applicant using the Latin alphabet.

7. Documents in foreign languages, except in Russian and English, which are appended to an application shall be translated into Estonian, Russian or English. The authenticity of a translation shall be confirmed by a representation, or a document and a translation thereof shall be notarised and legalised. In the cases prescribed in an international agreement, a document and the translation thereof need not be legalised.

8. Certificates which are prepared by state and local government agencies or legal persons, and are appended to an application shall contain the following information concerning the agency which prepares the documents:

1) the name;

2) the postal address;

3) the registration information if a certificate is prepared by a state or local government agency of Estonia or a legal person registered in Estonia.

If a certificate is not prepared on the letter-head of the agency, the signature of the person who signs the certificate shall be attested with the seal of the agency.

9. The filed applications shall be registered and accepted to processing in the agency which accepted the application on the date of filing thereof.

10. The registration and acceptance to processing of an application shall be refused if:

1) the application is not in compliance with the formal requirements established in this Procedure;

2) the documents appended to the application are falsified or contain incorrect information;

3) an application with the same content filed by the applicant is being processed;

4) upon filing of the application, the procedure for the filing of applications is violated.

Upon refusal to register or accept an application to processing, an official shall explain the reasons for the refusal to register or accept the application to processing to the person who filed the application.

11. At the request of the person who files an application, the agency which accepts the application shall issue a certificate concerning registration and acceptance to processing of the application to the applicant.

12. If all required documents are not appended to an application, the applicant may submit such documents to the agency which accepted the application within ten working days after the date on which the application is registered and accepted to processing.

13. A representation shall forward an application which is registered and accepted to processing by the representation together with documents appended to the application to the Citizenship and Migration Board within the shortest possible period.

14. The Citizenship and Migration Board shall terminate the processing of an application if:

1) any of the circumstances specified in clause 10 of this Procedure become evident in the course of processing;

2) the applicant does not submit all the required documents within the established term;

3) the applicant submits a written request for the withdrawal of the application;

4) the applicant has died, or is declared dead or as missing;

5) the applicant has received Estonian citizenship.

If the processing of an application is terminated pursuant to subclauses 1) or 2) of this clause, the applicant shall be notified thereof within the term and pursuant to the procedure established in clauses 15 and 16 of this Procedure.

15. If an application is filed with the Citizenship and Migration Board, the Citizenship and Migration Board shall notify the applicant of the termination of the processing of the application within five working days after the date on which the decision is made.

16. If an application is filed with a representation, the Citizenship and Migration Board shall forward the decision on the termination of the processing of the application to the representation within five working days after the date on which the decision is made. The representation shall notify the applicant of the termination of the processing of the application within five working days after the date of receipt of the decision from the Citizenship and Migration Board.

17. In order to verify the information contained in an application and documents appended thereto and justification of the application, the Citizenship and Migration Board has the right to make inquiries in writing to state and local government agencies, and legal and natural persons. State and local government agencies are required to respond to the inquiries of the Citizenship and Migration Board in writing within thirty days after the date of receipt of the inquiry. Inquiries and responses thereto shall be appended to the application and information contained therein shall be considered upon deciding on the issue of or refusal to issue a temporary residence or work permit.

18. The Citizenship and Migration Board has the right to summon an applicant who is over 15 years of age, and a natural person or a representative of a legal person inviting an alien to Estonia to an interview into the Citizenship and Migration Board in order to specify the information presented in the application or documents appended thereto or verify the justification of the application.

Minutes shall be taken of an interview and the minutes of the interview (hereinafter minutes) shall be signed by the official who conducted the interview and the interviewee. If an interviewee refuses to sign minutes, the official who conducted the interview shall make a notation in the minutes concerning the refusal to sign and the motives for such refusal.

Minutes shall be appended to the application and information contained therein shall be considered upon deciding on the issue of or refusal to issue a temporary residence or work permit.

19. The Citizenship and Migration Board shall review an application, verify the justification thereof and make a decision on the issue of or refusal to issue a temporary residence or work permit within one of the following terms:

1) the calendar year when the application is registered and accepted to processing if the applicant is taken into account upon fulfilment of the immigration quota (except in the case specified in subclause 2) of this clause);

2) the calendar year following the registration and acceptance to processing of the application if the application is registered and accepted to processing after 1 November of the given year and the applicant is taken into account upon fulfilment of the immigration quota;

3) three months after the registration and acceptance to processing of the application if the applicant is not taken into account upon fulfilment of the immigration quota;

4) six months after registration and acceptance to processing of the application if the immigration quota is not applied with regard to the applicant pursuant to 21 of the Aliens Act;

5) one month after the registration and acceptance to processing of the application if the applicant holding a valid residence permit applies for a work permit.

20. The Citizenship and Migration Board may extend a term for the review of an application and the making of a decision specified in clause 19 of this Procedure if:

1) there is a justified reason to believe or it becomes evident that circumstances specified in subsection 12 (4) of the Aliens Act exist in the case of the applicant and the verification of the specified circumstances continues for longer than the term established for the review of the application and the making of a decision;

2) the verification of information presented in the application and of the justification of the application continues for longer than the term established for the review of the application and the making of a decision.

Upon the extension of a term for the review of an application and the making of a decision, the term for the review of the application and the making of a decision shall not exceed one year and six months after the date of acceptance of the application to processing.

21. The Citizenship and Migration Board shall notify an applicant of the extension of the term for the review of the application and the making of a decision, and of the reasons of the extension, and of a new term pursuant to the procedure and within the terms established in clauses 15 and 16 of this Procedure.

22. The Citizenship and Migration Board shall make a decision on issue of or refusal to issue a temporary residence permit, except in the cases provided for in clauses 23 and 24 of this Procedure. The Citizenship and Migration Board shall make a decision on issue of or refusal to issue a work permit.

23. If at least one of the circumstances specified in clauses 12 (4) 5)-8) or 14) of the Aliens Act exists in the case of an applicant (except in the case specified in subsection 12 (7) of the Aliens Act and clause 24 of this Procedure) the Minister of Internal Affairs shall make a decision on the issue of or refusal to issue, as an exception, a temporary residence permit by a reasoned directive.

In the specified case, the Citizenship and Migration Board shall file the application together with the documents listed in this Procedure and collected in the course of the processing of the application, and the opinion of the Citizenship and Migration Board to the Minister of Internal Affairs for deciding.

24. If an 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) (hereinafter agreement), specified and accepted by Estonia (hereinafter list set out in the agreement), the Government of the Republic shall make the decision on the issue of or refusal to issue, as an exception, a temporary residence permit on the proposal of a government committee formed for the implementation of the specified agreement.

In the specified case, the Citizenship and Migration Board shall file the application together with documents listed in this Procedure and collected in the course of the processing of the application, and the opinion of the Citizenship and Migration Board to the specified government committee.

25. If an application is filed with the Citizenship and Migration Board, the Citizenship and Migration Board shall notify the applicant of the decision on the issue of or refusal to issue a temporary residence or work permit within five working days after the date on which the decision is made by the Citizenship and Migration Board or the date of receipt of the decision of the Government of the Republic or the Minister of Internal Affairs.

26. If an application is filed with a representation, the Citizenship and Migration Board shall forward the decision to issue or refuse to issue a temporary residence or work permit to the representation within five working days after the date on which the decision is made by the Citizenship and Migration Board or the date of receipt of the decision of the Government of the Republic or the Minister of Internal Affairs. The representation shall notify the applicant of the decision within five working days after the receipt of the decision from the Citizenship and Migration Board.

27. In all the cases specified in this Procedure, an applicant shall be notified in writing at the residential address indicated in the application.

28. Information concerning a temporary residence or work permit shall be entered in an alien's travel document by the agency which accepted the application unless the alien indicates otherwise in the application.

29. At the request of a parent of a minor who is under 15 years of age, information concerning a temporary residence permit of the minor shall be entered in the travel document of the parent if the minor does not hold a travel document, and the minor and his or her parent have the citizenship of the same state, and the personal data of the minor is entered in the travel document of the parent. Information concerning the temporary residence permit of a minor who is under 15 years of age shall be entered in the travel document of only one parent. If the minor receives a personal travel document, information concerning the temporary residence permit shall be entered into his or her travel document, and information concerning the temporary residence permit of the minor entered in the travel document of the parent shall be annulled.

30. Information concerning a temporary residence permit and work permit shall be entered in an alien's travel document after the submission of a document certifying the payment of state fees. An alien shall give a signature concerning the entry of information regarding a temporary residence permit and work permit in the travel document, except if he or she is incapable of signing. The parent, guardian or head of the guardianship authority or social welfare institution shall give a signature on behalf of a minor who is under 15 years of age. The guardian or head of the guardianship authority or social welfare institution shall give a signature on behalf of an alien who is divested of active legal capacity.

II. Documents Submitted upon Application for Temporary Residence and Work Permits

31. Upon application for a temporary residence permit and work permit pursuant to clause 12 (1) 1) of the Aliens Act for employment in Estonia, the following shall be submitted:

1) an application for a temporary residence permit which sets out the information listed in clause 130 of this Procedure;

2) an application for a work permit which sets out the information listed in clause 136 of this Procedure;

3) a travel document and copies of its pages with entries;

4) two photographs with measurements 4050 mm;

5) a document certifying the payment of state fees.

If an alien, during the term of validity of a residence permit and work permit, additionally applies for another work permit for employment on terms not set out in the valid work permit, the documents listed in subclauses 2)-5) of this clause shall be submitted.

32. An applicant or an employer who wishes to employ an alien, (hereinafter employer), shall obtain consent therefor from the local office of the Labour Market Board before application for a temporary residence permit and work permit pursuant to clause 12 (1) 1) of the Aliens Act.

In order to obtain consent, an application for a work permit specified in subclause 31 2) of this Procedure shall be filed. The local office of the Labour Market Board has the right to require additional documents certifying the justification of an application for a work permit from the applicant or employer. The local office of the Labour Market Board shall decide on grant of or refusal to grant consent within fifteen working days after the date of filing of an application and shall enter the notation concerning consent on the application for a work permit.

The consent of a local office of the Labour Market Board is valid for application for a work permit for two months after the date of the grant of consent.

33. An alien who arrives in Estonia for up to one year at the invitation of the Government of the Republic or a government agency authorised thereby for implementation of a co-operation or aid programme, shall submit an invitation of the Government of the Republic or of a government agency authorised thereby which is approved by the Ministry of Finance instead of an application for a work permit specified in subclause 31 2) of this Procedure. The specified invitation is valid for application for a temporary residence permit for six months after the date of approval of the invitation by the Ministry of Finance. An invitation of the Government of the Republic or of a government agency authorised thereby shall set out the following information:

1) the given name and surname, date of birth and citizenship of the alien;

2) the name of the state or local government agency, or legal person where the alien commences work;

3) the period of validity which is applied for the temporary residence permit;

4) the name of the co-operation or aid programme.

34. Upon application for a temporary residence permit for study in Estonia pursuant to clause 12 (1) 2) of the Aliens Act, the following shall be submitted:

1) an application for a temporary residence permit which sets out the information listed in clauses 130 and 131 of this Procedure;

2) an application of the educational institution;

3) a travel document and copies of its pages with entries;

4) two photographs with measurements 4050 mm;

5) a document certifying the payment of state fees.

35. An application of an educational institution shall contain the following information:

1) the name and address of the educational institution;

2) the number of the licence issued to the educational institution and the date of accreditation;

3) the given name and surname, date of birth and citizenship of the alien who commences studies;

4) the full name of the speciality or course title;

5) the presumed duration of study.

An application of an educational institution is valid for application for a temporary residence permit for two months after the date on which the educational institution prepared the application.

36. Upon application for a temporary residence permit to settle with a close relative residing in Estonia (hereinafter sponsor) pursuant to clause 12 (1) 3) of the Aliens Act, the following shall be submitted:

1) an application for a temporary residence permit which sets out the information listed in clauses 130 and 132 of this Procedure;

2) an invitation which sets out the information listed in clause 137 of this Procedure;

3) an identity document and copies of its pages with entries;

4) two photographs with measurements 4050 mm (except if a residence permit is applied for a child who is under 5 years of age);

5) a document certifying the payment of state fees.

37. Upon application for a temporary residence permit to a minor who is under 15 years of age to settle with his or her parent legally residing in Estonia, the birth certificate of the minor and a copy thereof shall be submitted in addition to the information specified in clause 36 of this Procedure. Upon application for a temporary residence permit to the specified minor, an identity document of the minor need not be submitted if he or she does not hold an identity document.

Upon application for a temporary residence permit to a child who is under one year of age and who filiates from an alien residing in Estonia on the basis of a residence permit, the documents specified in subclauses 36 1) and 5) of this Procedure, the birth certificate of the child and a copy thereof shall be submitted.

38. Upon application for a temporary residence permit to a parent or grandparent to settle with his or her adult child or grandchild the following shall be submitted in addition to the information specified in clause 36 of this Procedure:

1) documents certifying the blood relationship of the applicant and the sponsor and copies thereof;

2) documents certifying the amount of legal income of the sponsor within the preceding six months and copies thereof;

3) a document certifying the marital status of the applicant and a copy thereof;

4) a document issued by a competent authority which certifies that the applicant needs care and a copy thereof.

39. Upon application for a temporary residence permit for a ward to settle with a guardian the following shall be submitted in addition to the information specified in clause 36 of this Procedure:

1) a document certifying establishment of guardianship and a copy thereof;

2) documents certifying the amount of legal income of the sponsor within the preceding six months and copies thereof.

40. Upon application for a temporary residence permit pursuant to clause 12 (1) 4) of the Aliens Act, the following shall be submitted:

1) an application for a temporary residence permit which sets out the information listed in clauses 130 and 133 of this Procedure;

2) documents certifying the amount of legal income of the applicant within the preceding six months and copies thereof;

3) an identity document and copies of its pages with entries;

4) two photographs with measurements 4050 mm;

5) a document certifying the payment of state fees.

41. Upon application for a temporary residence permit pursuant to clause 12 (1) 5) of the Aliens Act, the following shall be submitted:

1) an application for a temporary residence permit which sets out the information listed in clauses 130 and 134 of this Procedure;

2) an identity document and copies of its pages with entries;

3) two photographs with measurements 4050 mm;

4) a document certifying the payment of state fees.

42. Upon application for a temporary residence permit to settle with a spouse legally residing in Estonia (hereinafter sponsor) pursuant to subsection 12 (2) of the Aliens Act, the following shall be submitted:

1) an application for a temporary residence permit which sets out the information listed in clauses 130 and 132 of this Procedure;

2) an invitation which sets out the information listed in clause 137 of this Procedure;

3) a document which certifies that the sponsor and the applicant are married and sets out the date and place of the contraction of marriage, and a copy of the document;

4) an identity document and copies of its pages with entries;

5) two photographs with measurements 4050 mm;

6) a document certifying the payment of state fees.

43. Upon application for a temporary residence permit to settle with a spouse who is an alien legally residing in Estonia documents certifying the amount of income of the sponsor, or of the applicant and the sponsor within the preceding six months before submission of the application, and copies of these documents shall be submitted in addition to the information specified in clause 42 of this Procedure.

44. Upon application for a work permit (except if an alien applies for a temporary residence permit and work permit pursuant to clause 12 (1) 1) of the Aliens Act), the following shall be submitted:

1) an application for a work permit which sets out the information listed in clause 136 of this Procedure;

2) a travel document and copies of its pages with entries (except if the application for a work permit is filed together with an application for a temporary residence permit);

3) a photograph with measurements 4050 mm;

4) a document certifying the payment of state fees.

45. Upon filing of an application on behalf of an applicant who is under 15 years of age or an applicant who is divested of active legal capacity, the following shall be submitted in addition to the documents required in this Procedure:

1) an identity document of a parent and copies of its pages with entries if the application is filed by the parent;

2) an identity document of a guardian and copies of its pages with entries, and a document certifying establishment of guardianship and a copy thereof if the application is filed by the guardian;

3) an identity document of a representative of a guardianship authority and copies of its pages with entries, and a document certifying establishment of guardianship and a copy thereof if the application is filed by the representative of the guardianship authority;

4) an identity document of a representative of a social welfare institution and a copy thereof, and a document certifying placement in the social welfare institution and a copy thereof if the application is filed by the representative of the social welfare institution.

46. Upon filing of an application on behalf of a minor who is under 15 years of age, the notarised written consent of the parent who is not residing in Estonia for the minor to settle in Estonia shall be submitted in addition to the documents required in this Procedure. The specified consent shall be valid for application for a temporary residence permit for two months after the date of the notarisation of the consent.

47. An invitation specified in subclauses 36 2) and 42 2) of this Procedure shall be approved by the Citizenship and Migration Board before filing of an application for a temporary residence permit. In order to obtain the approval of an invitation, the sponsor shall personally submit the following:

1) an invitation which sets out the information listed in clause 137 of this Procedure;

2) a travel document and copies of its pages with entries. An invitation need not be approved by the Citizenship and Migration Board if the applicant and the sponsor file applications for a temporary residence permit at the same time.

48. Upon filing, registration and acceptance to processing of an invitation, the provisions of clause 5, 6 and 9 of this Procedure apply.

49. The Citizenship and Migration Board shall decide on the approval of or refusal to approve an invitation within five working days after the date of the registration and acceptance to processing of the application. The Citizenship and Migration Board shall refuse to approve an invitation in the following cases:

1) the invitation is not prepared according to the requirements established in clauses 5 and 6 of this Procedure;

2) the document specified in subclause 47 2) of this Procedure is not appended to the invitation or is falsified;

3) the sponsor does not meet the requirements established in 121 or 123 of the Aliens Act.

50. Upon the approval of or refusal to approve an invitation, the invitation shall be returned to the sponsor within five working days after the date of the approval of or refusal to approve the invitation. An invitation shall be valid for application for a temporary residence permit for two months after the date of the approval of the invitation.

51. An applicant who wishes non-application of the immigration quota with regard to him or her pursuant to 21 of the Aliens Act shall additionally submit in an application for a temporary residence permit information and documents listed in clause 138 of this Procedure which certify that he or she settled in Estonia before 1 July 1990 and has thereafter not left to reside in another country, and copies of such documents.

52. An applicant who is of Estonian origin shall submit in addition to the documents required in this Procedure a document in which information concerning his or her nationality or the nationality of his or her parent or grandparent is entered and a document certifying the blood relationship of the applicant and the parent or grandparent, and copies of such documents.

53. An applicant who is or has been employed by an intelligence or security service of a foreign state shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) a document certifying employment history and career and a copy thereof;

3) the consent of a competent administrative agency of the country of nationality for the applicant to settle in Estonia (if the applicant is or has been employed by an intelligence or security service of the state);

4) a document certifying rank and a copy thereof (if the applicant has been conferred rank);

5) a document certifying that the applicant has been assigned to the reserve forces or has retired, and a copy of the document (if the applicant has been assigned to the reserve forces or has retired);

6) a document certifying marital status and a copy thereof.

54. An applicant who is in the active service of the armed forces of a foreign state or has served as a professional member of the armed forces of a foreign state and has been assigned to the reserve forces thereof shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) the consent of a competent administrative agency of the country of nationality for the applicant to settle in Estonia (if the applicant is in the active service of the armed forces of this state, or has served in the armed forces of the state and has been assigned to the reserve forces thereof);

3) a document certifying employment history and career and a copy thereof;

4) a document certifying rank and a copy thereof;

5) a document certifying that the applicant has been assigned to the reserve forces, and a copy of the document (if the applicant has been assigned to the reserve forces);

6) a document certifying marital status and a copy thereof.

55. An applicant who has served as a professional member of the armed forces of a foreign state and has retired therefrom (except an applicant specified in clause 56 of this Procedure) shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) a document certifying employment history and career and a copy thereof;

3) a document certifying rank and a copy thereof;

4) a document certifying retirement and a copy thereof;

5) a document certifying marital status and a copy thereof.

56. An applicant who is in the list set out in the agreement and has served in the armed forces of a foreign state shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) a document certifying employment history and career and a copy thereof;

3) a document certifying marital status and a copy thereof.

57. An applicant who is in the list set out in the agreement and has not served in the armed forces of a foreign state shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure concerning a person as a family member of whom the applicant is entered in the list;

2) a document certifying marital status and a copy thereof.

58. An applicant whose spouse, parent or child is in the active service of the armed forces of a foreign state, or has served as a professional member of the armed forces of a foreign state and has been assigned to the reserve forces thereof or has retired therefrom, or is or has been employed by an intelligence or security service of a foreign state, or has received special training in landing operations or in diversion or sabotage activities, or has participated in punitive operations against civilian population shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae in which he or she sets out the information listed in clause 139 of this Procedure on the above-mentioned spouse, child or parent;

2) a document certifying marital status and a copy thereof.

59. An applicant who 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 information concerning the punishment has not been expunged from the punishment register, or who has been repeatedly punished pursuant to criminal procedure for intentionally committed criminal offences shall submit documents certifying punishment pursuant to criminal procedure and copies thereof and a curriculum vitae in addition to the documents required in this Procedure.

60. An applicant and a sponsor have the right to submit other certificates and documents not specified in this Procedure certifying the justification of the application for a temporary residence or work permit or information presented in the application. The specified certificates and documents shall be appended to the application and information contained therein shall be considered upon deciding on the issue of or refusal to issue a temporary residence or work permit.

61. If an applicant cannot submit an original document required in this Procedure, he or she may submit a transcript of the original document which is notarised or attested pursuant to the procedure equivalent to notarisation, and a copy of the specified transcript.

62. An agency which accepts an application shall certify a copy appended to a document or a transcript thereof on the basis of an original document (except a document certifying the payment of state fees) or a transcript which is notarised or attested pursuant to the procedure equivalent to notarisation which is submitted upon filing of the application, and shall return the original document or the original of the transcript thereof to the applicant.

III. Application for Extension of and Extension of Temporary Residence and Work Permits

63. An alien (hereinafter applicant) shall file an application for the extension of a temporary residence permit and work permit (hereinafter application) to the regional unit of the Citizenship and Migration Board of his or her residence. The application shall be filed not later than one month before the expiry of the valid temporary residence or work permit. An applicant to whom a temporary residence permit is issued pursuant to clause 12 (1) 1) of the Aliens Act shall file an application for the extension of a work permit concurrently with an application for the extension of a temporary residence permit.

64. An applicant to whom a temporary residence permit is issued by a resolution of the Minister of Internal Affairs or of the Government of the Republic shall file an application to the regional unit of the Citizenship and Migration Board of his or her residence not later than three months before the expiry of the valid temporary residence permit.

65. If an applicant who is in a foreign state (except an applicant specified in clause 64 of this Procedure) is unable to file an application to the Citizenship and Migration Board, he or she may file the application with a representation. Upon filing of an application to a representation, the application shall be filed not later than two months before the expiry of the valid temporary residence or work permit.

66. If an applicant is unable to file an application for the extension of a temporary residence permit within the term specified in clauses 63 or 64 of this Procedure with good reason, the applicant may submit a petition to be permitted to file the application after the specified term (hereinafter petition) to the Citizenship and Migration Board.

67. A petition shall set out the circumstances due to which the applicant was unable to file the application within the established term. Documents certifying the information set out in the petition and documents prescribed for the extension of a temporary residence permit by this Procedure shall be submitted together with the petition.

68. The Citizenship and Migration Board may grant permission for the filing of an application after the established term if the application is justified and the applicant continues to reside in Estonia and has not left Estonia after the expiry of the temporary residence permit and not more than one month has passed from the expiry of the temporary residence permit issued to the applicant.

69. The Citizenship and Migration Board shall refuse to satisfy a petition if the applicant does not meet the requirements specified in clause 68 of this Procedure or more than one month has passed from the expiry of the temporary residence permit issued to the applicant. A decision on satisfaction or denial of a petition shall be made on the basis of the information set out in the petition and documents appended thereto.

70. Upon satisfaction of a petition, the application shall be registered and accepted to processing. The Citizenship and Migration Board shall notify the applicant of the satisfaction of or refusal to satisfy a petition within five working days after the date on which the corresponding decision is made. Upon denial of a petition, the application for the extension of a temporary residence permit and documents appended thereto shall be returned to the applicant.

71. Upon filing, registration, acceptance to processing and processing of an application, the provisions of clauses 4-18 of this Procedure apply.

72. An application shall be reviewed and a decision on the extension of a temporary residence or work permit shall be made:

1) not later than five working days before the expiry of the valid temporary residence permit issued to the applicant if the application is filed within the terms established in clauses 63-65 of this Procedure;

2) within one month after registration and acceptance to processing of the application if the application is filed after the established term with the permission of the Citizenship and Migration Board.

73. The Citizenship and Migration Board makes decisions on the extension of temporary residence permits, except in the case provided for in clause 74 of this Procedure. The Citizenship and Migration Board makes decisions on the extension of work permits.

74. If at least one of the circumstances specified in clauses 12 (4) 5)-8) or 14) of the Aliens Act exists in the case of an applicant (except in the case specified in subsection 12 (7) of the Aliens Act) in the case of an applicant or the applicant is in the list set out in the agreement, the Citizenship and Migration Board shall file an application together with documents listed in this Procedure and collected in the course of the processing of the application, and the opinion of the Citizenship and Migration Board to the Minister of Internal Affairs for deciding.

The Minister of Internal Affairs shall decide on the extension of a temporary residence permit or refusal thereof. If the Minister of Internal Affairs finds that the extension of the residence permit of an applicant who is in the list set out in the agreement is not justified or circumstances precluding extension of the residence permit exist, the Government of the Republic shall make a decision on the extension of the temporary residence permit or refusal thereof on the proposal of a government committee formed for the implementation of the agreement. In the specified case, the Minister of Internal Affairs shall file the application together with the documents listed in this Procedure and collected in the course of the processing of the application, and his or her opinion to the specified government committee.

75. The Citizenship and Migration Board shall notify an applicant of the extension of or refusal to extend a temporary residence or work permit pursuant to the procedure and within the terms established in clauses 25-27 of this Procedure.

76. Information concerning extension of a temporary residence permit and work permit shall be entered in an alien's the travel document pursuant to the procedure established in clauses 28-30 of this Procedure.

IV. Documents Submitted upon Application for Extension of Temporary Residence and Work Permits

77. In order to be granted extension of a temporary residence permit and work permit, an applicant to whom a temporary residence permit is issued pursuant to clause 12 (1) 1) of the Aliens Act shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clause 130 of this Procedure;

2) an application for the extension of a work permit which sets out the information listed in clause 135 of this Procedure;

3) a travel document in which the valid residence permit and work permit are entered, and copies of its pages with entries;

4) a photograph with measurements 4050 mm;

5) a document certifying the payment of state fees.

78. An alien who arrives in Estonia at the invitation of the Government of the Republic or a government agency authorised thereby for implementation of a co-operation or aid programme, shall file an application of the Government of the Republic or of a government agency authorised thereby which is approved by the Ministry of Finance for extension of a temporary residence permit instead of an application for the extension of a work permit specified in subclause 77 2) of this Procedure. The specified application is valid for application for extension of a temporary residence permit for two months after the date of the approval thereof by the Ministry of Finance. An application of the Government of the Republic or of a government agency authorised thereby shall set out the following information:

1) the given and surname, date of birth and citizenship of the alien;

2) the name of the state or local government agency, or legal person by whom the alien is employed;

3) the period of validity which is applied for the residence permit;

4) the name of the co-operation or aid programme.

79. In order to be granted extension of a temporary residence permit, an applicant to whom the temporary residence permit is issued pursuant to clause 12 (1) 2) of the Aliens Act shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clauses 130 and 131 of this Procedure;

2) an application of the educational institution;

3) a travel document in which the valid residence permit is entered, and copies of its pages with entries;

4) two photographs with measurements 4050 mm;

5) a document certifying the payment of state fees.

80. An application of an educational institution shall set out the following information:

1) the name and address of the educational institution;

2) the number of the licence issued to the educational institution and the date of accreditation;

3) the given name and surname, date of birth and citizenship of the alien studying in the educational institution;

4) the full name of the speciality or course title;

5) the presumed duration of study.

An application of an educational institution is valid for application for extension of a temporary residence permit for two months after the date on which the educational institution prepared the application.

81. In order to be granted extension of a temporary residence permit, an applicant to whom the temporary residence permit is issued pursuant clause 12 (1) 3) of the Aliens Act shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clauses 130 and 132 of this Procedure;

2) a written confirmation of the person who invited the applicant to reside in Estonia that he or she consents to the residing of the applicant with him or her and that the basis for the issue of the initial residence permit issued to the applicant has not ceased to exist;

3) documents certifying the amount of legal income of the applicant and the person who invites the applicant to settle in Estonia within the preceding six months and copies thereof;

4) a travel document in which the valid residence permit is entered, and copies of its pages with entries;

5) a photograph with measurements 4050 mm;

6) a document certifying the payment of state fees.

82. Upon application for the extension of a temporary residence permit of a minor who is under 15 years of age, the document specified in subclause 81 4) of this Procedure and the identity document of the minor if he or she does not hold an identity document need not be submitted.

83. In order to extend a temporary residence permit, an applicant to whom the temporary residence permit is issued pursuant clause 12 (1) 4) of the Aliens Act shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clauses 130 and 132 of this Procedure;

2) documents certifying the amount of legal income of the applicant within the preceding six months and copies thereof;

3) a travel document in which the valid residence permit is entered and copies of its pages with entries;

4) a photograph with measurements 4050 mm;

5) a document certifying the payment of state fees.

84. In order to be granted extension of a temporary residence permit, an applicant to whom the temporary residence permit is issued pursuant to clause 12 (1) 5) of the Aliens Act shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clauses 130 and 134 of this Procedure;

2) a travel document in which the valid residence permit is entered, and copies of its pages with entries;

3) a photograph with measurements 4050 mm;

4) a document certifying the payment of state fees.

85. In order to extend a temporary residence permit, an applicant to whom the temporary residence permit is issued pursuant to subsection 12 (2) of the Aliens Act shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clauses 130 and 132 of this Procedure;

2) a confirmation of the spouse of the applicant that he or she consents to the continuing residence of the applicant with him or her;

3) a travel document in which the valid residence permit is entered, and copies of its pages with entries;

4) a photograph with measurements 4050 mm;

5) a document certifying the payment of state fees.

86. If a temporary residence permit is issued to an applicant pursuant to subsection 12 (2) of the Aliens Act to settle with a spouse who is an alien legally residing in Estonia, documents certifying the amount of income of the applicant or of income of the spouses within the preceding six months before submission of the application and copies of these documents shall be submitted in addition to the documents specified in clause 85 of this Procedure.

87. In order to be granted extension of a temporary residence permit, an applicant to whom the residence permit is issued on other bases which are not specified above shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clause 130 of this Procedure;

2) a travel document in which the valid residence permit is entered, and copies of its pages with entries;

3) a photograph with measurements 4050 mm;

4) a document certifying the payment of state fees.

88. In order to be granted extension of a temporary residence permit, an applicant to whom the temporary residence permit is issued pursuant to clause 12 (1) 5) of the Aliens Act in connection with grant of asylum in Estonia shall submit the following:

1) an application for the extension of a temporary residence permit which sets out the information listed in clauses 130 and 134 of this Procedure;

2) a travel document in which the valid residence permit is entered, and copies of its pages with entries;

3) a photograph with measurements 4050 mm;

4) a document certifying the payment of state fees.

89. In order to be granted extension of a work permit (except if an applicant applies for the extension of a temporary residence permit and work permit issued pursuant to clause 12 (1) 1) of the Aliens Act), the following shall be submitted:

1) an application for the extension of a work permit which sets out the information listed in clause 135 of this Procedure;

2) a travel document in which the valid residence permit and work permit are entered, and copies of its pages with entries (except if an application for the extension of a work permit is filed together with the application for the extension of a temporary residence permit);

3) a photograph with measurements 4050 mm;

4) a document certifying the payment of state fees.

90. Upon filing of an application on behalf of an applicant who is under 15 years of age or an applicant who is divested of active legal capacity, the following shall be submitted in addition to the documents required in this Procedure:

1) an identity document of a parent and copies of its pages with entries if the application is filed by the parent;

2) an identity document of a guardian and copies of its pages with entries, and a document certifying establishment of guardianship and a copy thereof if the application is filed by the guardian;

3) an identity document of a representative of a guardianship authority and copies of its pages with entries, and a document certifying establishment of guardianship and a copy thereof if the application is filed by the representative of the guardianship authority;

4) an identity document of a representative of a social welfare institution and a copy thereof, and a document certifying placement in the social welfare institution and a copy thereof if the application is filed by the representative of the social welfare institution.

91. Upon filing of an application on behalf of a minor who is under 15 years of age, the travel document of the parent in which information concerning the temporary residence permit of the minor is entered, and a copy of the document may be submitted instead of the travel document of the minor.

92. If an application is filed by the representative of an applicant, the representative shall submit his or her identity document and copies of its pages with entries in addition to the documents required in this Procedure.

93. An applicant who is or has been employed by an intelligence or security service of a foreign state, shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) the consent of a competent administrative agency of the country of nationality for the applicant to continue residing in Estonia (if the applicant is or has been employed by an intelligence or security service of this state);

3) a document certifying employment history and career and a copy thereof;

4) a document certifying rank and a copy thereof (if the applicant has been conferred rank);

5) a document which certifies that the applicant has been assigned to the reserve forces or has retired, and a copy of the document (if he or she has been assigned to the reserve forces or has retired);

6) a document certifying marital status and a copy thereof.

An applicant to whom a temporary residence permit is issued pursuant to clause 12 (1) 5) of the Aliens Act in connection with grant of asylum in Estonia need not submit documents specified in subclauses 2)-6) of this clause if he or she does not hold and cannot obtain such documents.

94. An applicant who is in the active service of the armed forces of a foreign state, or has served as a professional member of the armed forces of a foreign state and has been assigned to the reserve forces thereof shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) the consent of a competent administrative agency of the country of nationality for the applicant to continue residing in Estonia (if the applicant is in the active service of the armed forces of this state, or has served in the armed forces of this state and has been assigned to the reserve forces thereof);

3) a document certifying employment history and career and a copy thereof;

4) a document certifying rank and a copy thereof;

5) a document which certifies that the applicant has been assigned to the reserve forces, and a copy thereof (if the applicant has been assigned to the reserve forces);

6) a document certifying marital status and a copy thereof.

An applicant to whom a temporary residence permit is issued pursuant to clause 12 (1) 5) of the Aliens Act in connection with grant of asylum in Estonia need not submit documents specified in subclauses 2)-6) of this clause if he or she does not hold and cannot obtain such documents.

95. An applicant who has served as a professional member of the armed forces of a foreign state and has retired therefrom (except an applicant specified in clause 96 of this Procedure) shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) a document certifying employment history and career and a copy thereof;

3) a document certifying rank and a copy thereof;

4) a document certifying retirement and a copy thereof;

5) a document certifying marital status and a copy thereof.

An applicant to whom a temporary residence permit is issued pursuant to clause 12 (1) 5) of the Aliens Act in connection with grant of asylum in Estonia need not submit documents specified in subclauses 2)-5) of this clause if he or she does not hold and cannot obtain such documents.

96. An applicant who is in the list set out in the agreement and has served in the armed forces of a foreign state shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure;

2) a document certifying employment history and career and a copy thereof;

3) a document certifying rank and a copy thereof;

4) a document certifying marital status and a copy thereof.

97. An applicant who is in the list set out in the agreement and has not served in the armed forces of a foreign state shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae which sets out the information listed in clause 139 of this Procedure concerning the person as a family member of whom he or she is entered in the list;

2) a document certifying marital status and a copy thereof.

98. An applicant whose spouse, parent or child is in the active service of the armed forces of a foreign state, or has served as a professional member of the armed forces of a foreign state and has been assigned to the reserve forces thereof or has retired therefrom, or is or has been employed by an intelligence or security service of a foreign state, or has received special training in landing operations or in diversion or sabotage activities, or has participated in punitive operations against civilian population shall submit the following in addition to the documents required in this Procedure:

1) a curriculum vitae in which he or she sets out the information listed in clause 139 of this Procedure on the above-mentioned spouse, child or parent;

2) a document certifying marital status and a copy thereof.

99. An applicant who has committed a criminal offence for which he or she has been sentenced to imprisonment for a term of more than one year and whose criminal record has neither expired nor been expunged or the information concerning the punishment has not been expunged from the punishment register, or who has been repeatedly punished pursuant to criminal procedure for intentionally committed criminal offences shall submit documents certifying his or her punishment pursuant to criminal procedure and copies thereof and a curriculum vitae in addition to the documents required in this Procedure.

An applicant to whom a temporary residence permit is issued pursuant to clause 12 (1) 5) of the Aliens Act in connection with grant of asylum in Estonia need not submit documents certifying his or her punishment pursuant to criminal procedure if he or she does not hold and cannot obtain such documents.

100. An applicant has the right to submit other certificates and documents not specified in this Procedure certifying the justification of application for the extension of a temporary residence or work permit or information presented in the application. The specified certificates and documents shall be appended to the application and information contained therein shall be considered upon deciding on the extension of or refusal to extend a temporary residence or work permit.

101. If an applicant cannot submit an original document required in this Procedure, clause 61 of this Procedure applies.

102. An agency which accepts an application shall certify a copy appended to a document or to a transcript thereof on the basis of the original document (except a document certifying the payment of state fees) or a transcript which is notarised or attested pursuant to the procedure equivalent to notarisation which is submitted upon the filing of the application, and shall return the document or the original of the transcript thereof to the applicant.

V. Application for and Issue of Permanent Residence Permits

103. An alien (hereinafter applicant) shall file an application for a permanent residence permit (hereinafter application) to the regional unit of the Citizenship and Migration Board of his or her residence. An application shall be filed not later than one month before the expiry of the valid temporary residence permit.

104. Upon filing, registration, acceptance to processing and processing of an application, the provisions of clauses 412, 14, 15, 17 and 18 of this Procedure apply together with the specifications established in clauses 105 and 106 of this Procedure.

105. If an applicant cannot file an application personally, he or she may send the application by post with advice of delivery. In such case, the application is deemed to be filed as of the date of posting thereof.

106. An application which arrives by post shall be registered with the Citizenship and Migration Board on the date of its arrival in the Citizenship and Migration Board or on the working day following the date of arrival.

107. An application shall be reviewed and a decision on the issue of or refusal to issue a permanent residence permit shall be made within one year after the date of acceptance of the application to processing, but not later than five working days before the expiry of the valid temporary residence permit issued to the applicant.

108. The Citizenship and Migration Board shall make a decision on the issue of or refusal to issue a permanent residence permit. If the applicant is in the list set out in the agreement, the Government of the Republic shall make a decision on the issue of or refusal to issue a permanent residence permit on the proposal of a government committee formed for implementation of the agreement.

In the specified case, the Citizenship and Migration Board shall file an application together with the documents listed in this Procedure and collected in the course of the processing of the application, and the opinion of the Citizenship and Migration Board to the above-mentioned government committee.

109. The Citizenship and Migration Board shall notify an applicant of the decision to issue or refuse to issue a permanent residence permit within five working days after the date on which the corresponding decision is made or the day on which the Government of the Republic receives the decision.

110. Information concerning a permanent residence permit shall be entered in an alien's travel document pursuant to the procedure established in clauses 28-30 of this Procedure.

VI. Documents Submitted upon Application for Permanent Residence Permits

111. Upon application for a permanent residence permit, the following shall be submitted:

1) an application for a permanent residence permit which sets out the information listed in clause 140 of this Procedure;

2) a travel document in which the valid residence permit is entered, and copies of its pages with entries;

3) a document certifying the existence of place of residence in Estonia;

4) documents certifying the amount of legal income of the applicant or his or her family within the preceding six months before the filing of the application, and copies thereof;

5) two photographs with measurements 4050 mm;

6) a document certifying the payment of state fees.

112. Upon filing of an application on behalf of an applicant who is under 15 years of age or an applicant who is divested of active legal capacity, the following shall be submitted in addition to the documents required in this Procedure:

1) an identity document of a parent and copies of its pages with entries if the application is filed by the parent;

2) an identity document of a guardian and copies of its pages with entries, and a document certifying establishment of guardianship and a copy thereof if the application is filed by the guardian;

3) an identity document of a representative of a guardianship authority and copies of its pages with entries, and a document certifying establishment of guardianship and a copy thereof if the application is filed by the representative of the guardianship authority;

4) an identity document of a representative of a social welfare institution and a copy thereof, and a document certifying placement in the social welfare institution and a copy thereof if the application is filed by the representative of the social welfare institution.

113. Upon filing of an application on behalf of a minor who is under 15 years of age, the travel document of the parent in which information concerning the temporary residence permit of the minor is entered, and a copy of the document may be submitted instead of the travel document of the minor.

114. If an application is filed by the representative of an applicant, the identity document of the representative and copies of its pages with entries shall be submitted in addition to the documents required in this Procedure.

115. An applicant has the right to submit other certificates and documents not specified in this Procedure, certifying the justification of the application for a permanent residence permit or information presented in the application. The specified certificates and documents shall be appended to the application and information contained therein shall be considered upon deciding on the issue of or refusal to issue a permanent residence permit.

116. If an applicant cannot submit an original document required in this Procedure, clause 61 of this Procedure applies.

117. An agency which accepts an application shall certify a copy appended to a document or to a transcript thereof on the basis of the original document (except a document certifying the payment of state fees) or a transcript which is notarised or attested pursuant to the procedure equivalent to notarisation which is submitted upon filing of the application, and shall return the original document or the original of the transcript thereof to the applicant.

VII. Procedure for Revocation of Residence and Work Permits

118. If circumstances which are the bases for revocation of a residence or work permit become evident, the Citizenship and Migration Board shall commence proceedings for the revocation of the residence or work permit.

119. Upon commencement of proceedings for the revocation of a residence or work permit, the Citizenship and Migration Board shall notify an alien thereof in writing, except if the residence permit and work permit are revoked pursuant to clause 14 (2) 2) of the Aliens Act. A written notice shall set out:

1) the bases of and reasons for the commencement of proceedings;

2) the term within which the alien has the right to submit written explanations and documents concerning circumstances which are the bases for the revocation of the residence or work permit;

3) the time and place of deliberation of revocation of the residence or work permit.

The term specified in subclause 2) of this clause shall not be shorter than fifteen days after the date the notice is forwarded by the Citizenship and Migration Board. Deliberation of revocation of the residence or work permit shall not be conducted before fifteen days pass from the term established for the alien to submit written explanations.

A notice shall be served to an alien against signature or delivered by post with advice of delivery to the address of the last permanent place of residence of which the alien has notified the Citizenship and Migration Board.

120. An alien in respect of whom proceedings for the revocation of a residence or work permit are commenced has the right to be present at deliberation of revocation of the residence or work permit. The alien has the right to apply for the changing of the time of deliberation of revocation of the residence or work permit if he or she cannot appear at the deliberation of the revocation of the residence or work permit at the time designated by the Citizenship and Migration Board with good reason. The Citizenship and Migration Board shall promptly notify the alien of the denial or satisfaction of the application and of a new time for deliberation of revocation of the residence or work permit.

121. The Citizenship and Migration Board shall decide on the revocation of a residence or work permit without deliberation if an alien does not appear at the deliberation of revocation of the residence or work permit at the designated time.

122. A decision on the revocation of a residence or work permit shall be served to an alien against signature or shall be delivered by post by a registered letter. If the alien refuses to give a signature concerning the receipt of the decision, the official who made the decision shall enter a notation concerning the refusal and motives therefor, or failure to appear on the decision and a transcript thereof. If the decision is delivered by post, the date of delivery of the decision by post shall be indicated on the transcript thereof.

123. An alien who applies for the revocation of a residence permit and work permit pursuant to clause 14 (2) 2) of the Aliens Act shall submit a personal request for the revocation of the residence permit and work permit (hereinafter request) to a regional unit of the Citizenship and Migration Board or to a representation.

124. If an alien wishes revocation of a residence permit and work permit on the basis of a personal petition, the following shall be submitted:

1) a petition which sets out the information listed in clause 41 of this Procedure;

2) a travel document and copies of its pages with entries.

125. Upon submission of a petition, the requirements of clauses 46 and 9 of this Procedure apply.

126. The agency which accepts a petition shall register the petition on the date of submission thereof. A representation shall forward the petition accepted thereby to the Citizenship and Migration Board within the shortest possible period.

127. The Citizenship and Migration Board shall decide on the revocation of a residence or work permit on the basis of a petition within five working days after the date of submission of the petition to the Citizenship and Migration Board or receipt thereof by the Citizenship and Migration Board from a representation.

128. If a petition is submitted to a representation, the Citizenship and Migration Board shall forward the decision on the revocation of a residence or work permit to the representation within five working days after the date on which the decision is made.

129. On the basis of a decision to revoke a residence or work permit, the Citizenship and Migration Board or a representation, if a petition is submitted to the representation, shall annul the information concerning the residence or work permit entered in an alien's travel document.

VIII. Information Submitted upon Application for Temporary Residence and Work Permits and Application for Extension thereof, Application for Permanent Residence Permits and Application for Revocation of Residence and Work Permits on Basis of Personal Petitions

130. Upon application for a temporary residence permit or extension thereof, an application shall set out the following information:

1) first names;

2) surnames;

3) previous name (previous names);

4) sex;

5) date of birth (day, month, year);

6) place of birth (state, administrative jurisdiction);

7) Estonian personal identification code (if existent);

8) marital status (single, married, divorced, widow/widower);

9) education (primary, basic, secondary, vocational secondary, higher education, other);

10) citizenship;

11) previous or secondary citizenship;

12) profession;

13) information concerning the identity document (type, number, issuer, date of issue, period of validity);

14) information concerning the travel document (type, number, issuer, date of issue, period of validity) in which the applicant wishes to enter information concerning the residence permit or information concerning application for an alien's passport;

15) place of residence in a foreign state (if existent);

16) place of residence in Estonia (if existent);

17) telephone number (also e-mail address, fax number);

18) the term within which the applicant wishes to obtain or extend a residence permit (the beginning and end dates);

19) information concerning existing residence permit in Estonia (yes/no);

20) the number and period of validity of a valid residence permit (if the applicant holds a residence permit);

21) the basis for the application for a temporary residence permit (for employment, for study, to settle with a close relative (parent, child, grandchild, guardian), to settle with a spouse, to settle on the basis of an international agreement, the existence of sufficient legal income);

22) the basis for issue of a valid temporary residence permit (for employment, for study, to settle with a close relative (parent, child, grandchild, guardian), to settle with a spouse, for performance of an international agreement, the existence of sufficient legal income, other bases);

23) nationality (if the applicant is of Estonian origin);

24) whether the applicant wishes the non-application of the immigration quota with regard to him or her pursuant to 21 of the Aliens Act (yes/no);

25) information concerning punishment pursuant to criminal procedure (yes/no), year of punishment, duration of punishment, the beginning and end dates of the service of a sentence, information concerning the expiry or expungement of a criminal record or expungement of punishment from the punishment register (if the applicant has been punished pursuant to criminal procedure);

26) information concerning repeated punishment pursuant to criminal procedure for intentionally committed criminal offences (yes/no);

27) information concerning active service in the armed forces of a foreign state (yes/no);

28) information concerning service as a professional member of the armed forces of a foreign state (yes/no) and information concerning assignment to the reserve forces of or retirement from the armed forces of a foreign state (yes/no);

29) information concerning employment by an intelligence or security service of a foreign state (yes/no);

30) information concerning service in an intelligence or security service of a foreign state (yes/no);

31) information concerning receipt of special training in landing operations, or in diversion or sabotage activities (yes/no);

32) information concerning participation in punitive operations against civil population (yes/no);

33) information concerning whether the spouse, child or parent of the applicant is in the active service of the armed forces of a foreign state (yes/no), has served as a professional member of the armed forces of a foreign state (yes/no), has served in an intelligence or security service of a foreign state (yes/no), has been employed in an intelligence or security service of a foreign state (yes/no), has received special training in landing operations, or in diversion or sabotage activities (yes/no), has participated in punitive operations against civil population (yes/no);

34) information concerning family members and close relatives (surname, given name, relationship with the applicant, date of birth, citizenship, residence, whether holds a residence permit in Estonia (yes/no), whether applies for a residence permit in Estonia (yes/no)).

131. Upon application for a temporary residence permit or extension thereof pursuant to clause 12 (1) 2) of the Aliens Act for study in Estonia, the application shall set out the following information in addition to the information listed in clause 130 of this Procedure:

1) information concerning whether the applicant arrives in Estonia together with family members (yes/no);

2) the presumed or existent place of residence in Estonia (address);

3) information concerning the educational institution where the applicant commences studies or where he or she is studying (full name, address);

4) the name of the speciality or course title and the standard period of study (the beginning and end dates);

5) information concerning legal source(s) and amount of income during studies in Estonia.

132. Upon application for a temporary residence permit or the extension thereof pursuant to clause 12 (1) 3) of the Aliens Act to settle with a close relative or spouse residing in Estonia, the application shall set out the following information in addition to the information listed in clause 130 of this Procedure:

1) information concerning current residence (address, size of residential space, number of rooms, the name of the owner or possessor of the residential space, information concerning the persons residing in the residential space (name, date of birth, family relationship or other relationship with the applicant));

2) dependants (name, date of birth, family relationship or other relationship with the applicant);

3) information concerning study, place of employment or service (agency, address, position, the date as of which the applicant is employed in the specified agency);

4) information concerning source(s) and amount of legal income;

5) information concerning proficiency in the Estonian language (yes/no);

6) information concerning the time and place of contraction of marriage, common children of the applicant and the sponsor (name, date of birth), children of the sponsor (name, date of birth), dependants of the applicant (name, date of birth, family relationship or other relationship with the applicant), economic ties between the applicant and the sponsor, the applicant's and sponsor's visits to each other, previous marriages of the applicant and the sponsor (yes/no, number of previous marriages) if the applicant wishes to settle with the spouse or resides with the spouse;

7) information concerning the other parent (name, citizenship, residence) if an applicant who is under 15 years of age wishes to settle with a parent or resides with him or her;

8) information concerning the need to provide care for the applicant (the date as of which the applicant needs care and what kind of care he or she needs, who provides care for the applicant now, why the applicant cannot receive care in the country of habitual residence, whether the sponsor has provided care for the applicant before) if the applicant wishes to settle with a child or grandchild or resides with him or her;

9) information concerning the person who invites the applicant to settle in Estonia (given and surname, previous names, date of birth, Estonian personal identification code, place of birth, citizenship, residential address);

10) information concerning coverage of expenses relating to residing in Estonia of the alien (whether expenses are covered from the income of the sponsor, or income of the applicant, or income of the sponsor and the applicant, amount, regularity and sources of income).

133. Upon application for a temporary residence permit or extension thereof pursuant to clause 12 (1) 4) of the Aliens Act, an application shall set out the following information in addition to the information listed in clause 130 of this Procedure:

1) whether the applicant arrives in Estonia together with family members (yes/no);

2) short description of the motives for settling in Estonia;

3) information concerning source(s), amount and regularity of legal income.

134. Upon application for a temporary residence permit or extension thereof pursuant to clause 12 (1) 5) of the Aliens Act, in addition to the information listed in clause 130 of this Procedure, the application shall set out the description of the circumstances why the applicant applies for a temporary residence permit on the basis of an international agreement and a reference to the international agreement on the basis of which the temporary residence permit is applied for.

135. Upon application for a work permit or extension thereof (if an alien applies for or holds a temporary residence permit and work permit pursuant to clause 12 (1) 1) of the Aliens Act), an application for a work permit shall set out the following information:

1) whether the applicant arrives in Estonia together with family members (yes/no);

2) the presumed or existent place of residence in Estonia (address);

3) information concerning graduation from an educational institution (name of the educational institution, year of graduation, speciality);

4) earlier employment history or career (name of the employer, position, period of employment);

5) the term within which the applicant wishes to obtain or extend the work permit;

6) information concerning the valid work permit (number, period of validity);

7) the name, address, telephone number and registration number of the employer;

8) the address and telephone number of the place of employment;

9) the type of contract to be entered into (contract of employment, contract for services, other contract);

10) the date of commencement of work and the date of completion of duties in employment;

11) the position;

12) the main duties in employment;

13) the duration of working-time in a week;

14) the duration of holidays;

15) the approximate amount of remuneration (guaranteed minimum remuneration);

16) information concerning the identity document (type, number, date of issue, period of validity, issuer).

136. Upon application for a work permit or extension thereof (except if an alien applies for a temporary residence permit and work permit pursuant to clause 12 (1) 1) of the Aliens Act or for extension of a residence permit and work permit issued on the specified basis), an application for a work permit shall set out the following information:

1) the reasons for the application for a work permit or extension thereof (sole proprietorship; employment under an employment contract; work under a contract for services, work under another contract);

2) the term for which the applicant wishes to obtain a work permit or have the work permit extended (the beginning and end dates);

3) information concerning the valid work permit (number, period of validity);

4) the name, address, telephone number and registration number of the employer;

5) the areas of activity of the employer (short description);

6) the address and telephone number of the place of employment;

7) the position and main duties in employment;

8) the type of contract to be entered into (contract of employment, contract for services, other contract);

9) the date of commencement of work and the date of completion of duties in employment;

10) the main duties in employment;

11) the duration of working-time in a week;

12) the duration of holidays;

13) the approximate amount of remuneration (guaranteed minimum remuneration);

14) information concerning the identity document (type, number, date of issue, period of validity, issuer).

137. An invitation specified in subclause 36 2) and 42 2) of this Procedure shall set out the following information:

1) first names;

2) surnames;

3) previous name (previous names)

4) date of birth (day, month, year);

5) personal identification code;

6) marital status (single, married, divorced, widow/widower);

7) information concerning the place of residence in Estonia (address, size of residential space, number of rooms, the name of the owner or possessor of the residential space, information concerning the persons residing in this residential space (name, date of birth, family relationship or other relationship with the sponsor));

8) dependants (name, date of birth, family relationship or other relationship with the sponsor);

9) information concerning study, place of employment or service (agency, its address, position, the date as of which the applicant is employed in the agency);

10) information concerning source(s) and amount of legal income;

11) information concerning the period of residence in Estonia (the date as of which the applicant resides in Estonia);

12) information concerning time and place of contraction of marriage, common children of the applicant and the sponsor (name, date of birth), children of the sponsor (name, date of birth), dependants of the sponsor (name, date of birth, family relationship or other relationship with the sponsor), economic ties between the applicant and the sponsor, the applicant's and sponsor's visits to each other, previous marriages of the applicant and the sponsor (yes/no, number of times) if the sponsor invites the spouse to settle with him or her;

13) information concerning the other parent (name, citizenship, residence) if the sponsor invites a child under 15 years of age to settle with him or her;

14) information concerning the need to provide care for a parent or grandparent (the date as of which he or she needs care and what kind of care he or she needs, who provides care for the parent or grandparent now, why the parent or grandparent cannot receive care in the country of habitual residence, whether the sponsor provided care for the parent or grandparent before) if the sponsor invites the parent or grandparent to settle with him or her;

15) information concerning the alien whom the sponsor invites to settle with him or her (given name and surname, previous names, date of birth, Estonian personal identification code (if existent), place of birth, citizenship, residential address);

16) information concerning coverage of expenses relating to residing in Estonia of the alien whom the sponsor invites to settle with him or her (whether expenses are covered from the income of the sponsor, or income of the applicant, or income of the sponsor and the applicant, amount, regularity and sources of income).

138. An applicant who wishes non-application of the immigration quota with regard to him or her pursuant to 21 of the Aliens Act shall submit in an application for a temporary residence permit, in addition to the information listed in clause 130 and clauses 131, 132, 133 or 134 of this Procedure, a curriculum vitae which sets out the circumstances for arrival in Estonia, and information concerning study and employment as of settlement in Estonia.

139. An applicant who is or has been employed by an intelligence or security service of a foreign state, or is in the active service of the armed forces of a foreign state, or has served as a professional member of the armed forces of a foreign state, or is in the list set out in the agreement or whose spouse, parent or child is in the active service of the armed forces of a foreign state, or has served as a professional member of the armed forces of a foreign state and has been assigned to the reserve forces thereof or has retired therefrom, or is or has been employed by an intelligence or security service of a foreign state, or has received special training in landing operations or in diversion or sabotage activities, or has participated in punitive operations against civilian population, shall submit the following information in an application for a temporary residence permit or extension thereof in addition to the information listed in clause 130, and clauses 131, 132, 133 or 134 of this Procedure:

1) father's name;

2) information concerning military or special rank (the date on which rank was conferred, the person who conferred rank and the basis for the conferring of rank), composition thereof;

3) the pseudonym and period of use thereof;

4) information concerning study in specialised schools or courses (the name of the school or course title, address, the time of study and speciality);

5) information concerning special training in landing operations, or in diversion or sabotage activities;

6) information concerning participation in military missions in the territory of other states (name of the state, the beginning and end dates of participation, position(s), duties);

7) the date of assignment to reserve forces (day, month, year);

8) the date of retirement (day, month, year);

9) information concerning career and employment history (the names of agencies and numbers of military units, addresses, positions, the beginning and end dates of service and employment, duties and directions of activity in all positions, services).

140. Upon application for a permanent residence permit, the application shall set out the following information:

1) first names;

2) surnames;

3) previous surname (previous surnames);

4) sex;

5) date of birth (day, month, year);

6) citizenship;

7) personal identification code;

8) marital status (single, married, divorced, widow/widower);

9) the number of the valid residence permit;

10) the period of validity (day, month, year);

11) the residential address (county, city/rural municipality, village/street);

12) information concerning the identity document (type, number, period of validity, issuer);

13) the source (sources) and amount of legal income;

14) information concerning family members and close relatives (given name, surname, relationship, date of birth, residence, citizenship).

141. A request for revocation of a residence or work permit on the basis of a personal request shall set out the following information:

1) given name;

2) surname;

3) the number of the residence permit (if revocation of the residence permit is applied for);

4) the number of the work permit (if revocation of the work permit is applied for);

5) the desired date of revocation of the residence or work permit;

6) the reasons for revocation of the residence or work permit.

IX. Review of Applications Accepted before Entry into Force of this Procedure

142. Upon review of applications filed before the entry into force of this Procedure and registered and accepted to processing by the Citizenship and Migration Board, the provisions of this Procedure apply together with the specifications established in clauses 143 and 144 of this Procedure. The requirements of documents established in Chapters II, IV, VI and VIII of this Procedure do not apply to applications filed before the entry into force of this Procedure.

143. The Citizenship and Migration Board shall terminate the processing of an application filed before the entry into force of this Procedure if:

1) documents appended to the application are falsified or contain incorrect information;

2) an application with the same content filed by the applicant is being processed;

3) upon submission of the application, the procedure for filing of applications in force at the time the application was filed is violated;

4) the applicant files a written application for withdrawal of the application;

5) the applicant has died, or is declared dead or as missing;

6) the applicant has received Estonian citizenship.

144. An application filed before the entry into force of this Procedure shall be reviewed and a decision on the satisfaction of or refusal to satisfy the application shall be made within the term valid at the time the application is filed, except if this Procedure establishes a shorter term for the review of the application.


Source: Unofficial translation


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