Residence permit to join a spouse or family member in Estonia

Who can bring a family member to live in Estonia?

Settling with a spouse or registered partner and settling with a close relative are separate grounds for a temporary residence permit (VMS § 118 p 1 and 2) [7].

• Spouse or registered partner. The sponsor may be an Estonian citizen or a person of Estonian ethnicity living in Estonia, or a foreigner living in Estonia on the basis of a residence permit (VMS § 137 lg 1) [1]. For a sponsor who is an Estonian citizen or of Estonian ethnicity, the requirement of prior residence in Estonia does not apply if the family moves to Estonia together (VMS § 137 lg 2) [1].
• Minor child. A child may be granted a permit to settle with a parent who is an Estonian citizen or a foreigner living in Estonia with a residence permit (VMS § 150 lg 1 p 1) [2]. A minor is a person under 18; a person who is married, lives in a separate family or leads an independent life is not considered a minor (VMS § 4) [8].
• Other close relatives. A permit to settle with a close relative may also be granted to an adult child who cannot cope independently due to their health or disability, to a parent or grandparent who needs care, and to a ward, if the conditions laid down there are met (VMS § 150 lg 1 p 2–4) [2].

If a foreign sponsor holds a residence permit for study, they must have lived in Estonia on the basis of a residence permit for at least two years (VMS § 137 lg 2¹) [1]; this does not apply if the sponsor's permit was granted for doctoral studies (VMS § 137 lg 2²) [1]. No permit is granted if the foreign spouse holds a temporary residence permit for short-term employment (VMS § 137 lg 2³; VMS § 115 p 19) [1] [9]. From 01.01.2027 VMS § 137 no longer contains this restriction (VMS § 137) [10], but a permit for short-term employment granted under § 176² remains subject to the wording of VMS § 137 lg 2³ in force until 31.12.2026 (VMS § 309¹⁹ lg 2) [11].

What requirements apply to the sponsor and the family?

• Genuine family life. Between the spouses or partners there must be „tihe majanduslik side ja psühholoogiline sõltuvus, perekond on püsiv ja abielu või kooselu ei ole fiktiivne“ [3] (translation: close economic ties and psychological dependence, the family is stable and the marriage or partnership is not fictitious; VMS § 138 lg 1).
• Income. The sponsor must have a stable legal income that ensures the family's maintenance in Estonia, or the spouses' joint stable legal income must do so (VMS § 139) [4]. The required level is twice the subsistence level (toimetulekupiir) for each month spent in Estonia, depending on the size of the family (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 53 lg 1) [12].
• Residence. The family must have a registered residence and actual dwelling in Estonia (VMS § 140 lg 1) [5]. This does not apply, for example, if the sponsor has a permit for business or for employment as a top specialist or in a start-up (VMS § 140 lg 2) [5], or a permit for master's or doctoral studies (VMS § 140 lg 3) [5].
• Invitation. The application includes a written invitation from the spouse (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 9 lg 1 p 5) [13]. By signing it, the sponsor confirms among other things that they live in Estonia, that there are close economic ties between them and the applicant, that the family is stable and that the marriage or partnership is not fictitious (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 9 lg 3) [13].
• Sponsor's obligations. The spouse with whom the foreigner was granted a permit to settle has the obligations of an inviting person (VMS § 148) [14]: they must receive the foreigner in Estonia, provide accommodation and bear the costs of the foreigner's stay in and departure from Estonia (VMS § 291 lg 2) [15]. If the foreigner does not bear the procedural costs, the costs of enforcing the obligation to leave or the costs of staying in a detention centre or police detention house, the sponsor must compensate them, but not more than 32 000 euros (VMS § 291 lg 3) [15].

If the sponsor is an Estonian citizen, the application may be considered unfounded if the spouse could settle in the applicant's country of citizenship or residence, or the spouses could settle in another country (VMS § 142 lg 1) [16]. If the sponsor is a foreigner, the application is considered unfounded if the spouses do not prove that they cannot settle in their common country of citizenship or in the applicant's country of citizenship or residence (VMS § 142 lg 2) [16]. In a case on extending a permit, the Supreme Court held that the authority should have established whether the spouse could settle in the applicant's country of citizenship and that, when applying VMS § 142 lg 2, both the applicant and the spouse must as a rule be contacted to establish the facts; the court also noted that the Family Reunification Directive 2003/86/EC does not provide for such a ground for refusal (Supreme Court (Riigikohus) judgment 3-19-92/20) [17].

What is needed for a child's residence permit?

When a permit is granted to a minor child, the child's rights and interests come first; no permit is granted if settling in Estonia harms the child's rights and interests and their legal, economic or social situation may deteriorate (VMS § 154 lg 1 and 2) [18]. Where the parents have joint custody (ühine hooldusõigus), the other parent's consent is required (VMS § 154 lg 3) [18]. A child born in Estonia, or moving to Estonia with a parent immediately after birth, receives a permit if the parent holds a valid Estonian temporary residence permit at the time of the birth (VMS § 150¹ lg 1) [19]; for a child born in Estonia, the other parent's consent is not required for this even where the parents have joint custody (VMS § 154 lg 3¹) [18].

The application includes, among other things, the child's birth certificate and a written invitation from the parent, unless the parent submits the application themselves (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 10 lg 1) [20]. If the parent holds a temporary residence permit, the child's permit may not be valid longer than the parent's (VMS § 155) [21]; if the parent's permit is extended or a new one is granted, the child's permit is extended until the end of the parent's permit (VMS § 155¹ lg 1) [22].

How to apply and how long is the permit valid?

The application is submitted to an Estonian foreign mission, which forwards it to the Police and Border Guard Board (Politsei- ja Piirivalveamet) after identifying the applicant and, where required, taking biometric data (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 8 lg 1) [23]. A foreigner with a legal basis for staying in Estonia may submit the application to the Police and Border Guard Board (VMS § 216 lg 1 p 1) [24].

A decision is made within 90 days of submitting the application or remedying its deficiencies (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 26 lg 1) [25]. For a good reason this time limit may as a rule be extended; the Police and Border Guard Board notifies the applicant of the extension, its reason and the new time limit in writing without delay (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 26 lg 5) [25]. To settle with a spouse, registered partner or close relative who is an Estonian citizen, the state fee is 115 euros, or 145 euros at a foreign mission (RLS § 273 lg 5) [26]; the general state fee for a temporary residence permit application is 225 euros, or 255 euros at a foreign mission (RLS § 273 lg 1) [26]; issuing the document at a foreign mission costs an additional state fee of 20 euros (RLS § 273 lg 8) [26].

When setting the period of validity, the duration of the marriage or registered partnership is taken into account (VMS § 143¹ lg 1) [27]. If the sponsor lives in Estonia on a temporary residence permit, the spouse's or partner's permit may not be valid longer than the sponsor's (VMS § 143 lg 3) [28]. A permit may be extended for up to ten years at a time (VMS § 132 lg 1) [29]; extension of a permit granted to settle with a spouse is refused, among other cases, if the marriage or partnership has ended, the family's legal income does not ensure its maintenance, or the family has no registered residence or actual dwelling in Estonia (VMS § 144 p 2 and 4–6) [30].

What the law says

• „Abielu või registreeritud kooselu on fiktiivne, kui see on sõlmitud eesmärgiga elamisluba saada ning isikute vahel puudub tegelik perekonnaelu.“ [3] (translation: a marriage or registered partnership is fictitious if it was entered into to obtain a residence permit and the persons have no actual family life; VMS § 138 lg 2).
• „Tähtajaline elamisluba antakse kehtivusajaga kuni viis aastat.“ [6] (translation: a temporary residence permit is issued with a period of validity of up to five years; VMS § 119 lg 1) – this is the maximum, not the period always granted.
• „Ühise hooldusõiguse korral on elamisloa andmiseks nõutav teise vanema nõusolek.“ [18] (translation: in the case of joint custody, the other parent's consent is required for granting the permit; VMS § 154 lg 3) – except for the permit of a child born in Estonia under VMS § 150¹ lg 1 (VMS § 154 lg 3¹) [18].
• „Abikaasal või registreeritud elukaaslasel, kelle juurde elama asumiseks välismaalasele elamisluba anti, on käesolevas seaduses sätestatud kutsuja kohustused.“ [14] (translation: the spouse or registered partner with whom the foreigner was granted a permit to settle has the obligations of an inviting person under this Act; VMS § 148) – the sponsor is also responsible for the costs of the family member's stay.

What to do

1. When settling with a spouse or registered partner, check that the sponsor meets the requirements: they live in Estonia as an Estonian citizen, a person of Estonian ethnicity or on the basis of a residence permit (VMS § 137 lg 1) [1], the family's income ensures its maintenance (VMS § 139) [4], and the family has a registered residence and actual dwelling in Estonia (VMS § 140 lg 1) [5].
2. Gather the documents: the application, a photo, a document proving the marriage or registered partnership, a written explanation of previous marriages if the applicant has been married before, the spouse's written invitation and a document on the applicant's legal income during the six months immediately before the application (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 9 lg 1) [13]; for a child, also the birth certificate and the parent's invitation (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 10 lg 1) [20].
3. Take out health insurance covering medical costs with a sum insured of at least 6000 euros per annual insurance period (VMS § 120 lg 1 p 4) [31]; this is not needed if you are covered by compulsory health insurance under the Health Insurance Act (VMS § 120 lg 9) [31].
4. Pay the state fee (RLS § 273 lg 1 and 5) [26] and submit the application at an Estonian foreign mission or, if you have a legal basis for staying in Estonia, at the Police and Border Guard Board (Tähtajalise elamisloa ja selle pikendamise ning pikaajalise elaniku elamisloa ja selle taastamise taotlemise kord ning legaalse sissetuleku määrad § 8 lg 1; VMS § 216 lg 1 p 1) [23] [24].
5. After receiving the permit, register your residence in the population register within one month of arriving in Estonia on the basis of the permit (VMS § 121 lg 1) [32]; if you live in Estonia when the permit is granted, within one month of the day you were notified of the decision to grant it (VMS § 121 lg 2) [32].

Frequently asked questions

What happens to the permit if the marriage ends?

The permit is revoked if the marriage or registered partnership has ended (VMS § 146 lg 1 p 2) [33]; on this ground it can be revoked within three years of the permit being granted (VMS § 146 lg 3) [33]. If the marriage ends before three years have passed but requiring the foreigner to leave Estonia would be manifestly too burdensome, they may be granted a permit to settle in Estonia permanently (VMS § 149 lg 2) [34].

What happens after three years in Estonia?

If you have lived in Estonia for at least three years on a permit granted to settle with your spouse, you may be granted a temporary residence permit to settle in Estonia permanently (VMS § 149 lg 1) [34].

Does the spouse's permit depend on the sponsor's permit?

Yes. A permit granted to settle with a spouse or registered partner is revoked at the same time as the sponsor's permit (VMS § 146 lg 2) [33], and it may not be valid longer than the sponsor's temporary residence permit (VMS § 143 lg 3) [28]. A child's permit likewise may not be valid longer than the parent's temporary residence permit (VMS § 155) [21].

What happens to a child's permit when the child comes of age?

A permit obtained as a minor remains valid until it expires (VMS § 154 lg 5) [18]. After coming of age, a permit may be granted whose conditions and validity are not tied to the parent; the general conditions for a temporary residence permit must then be met (VMS § 154 lg 6) [18].

Do these rules apply to family members of EU citizens?

No. The grounds for citizens of European Union member states, European Economic Area states and Switzerland and their family members to live in Estonia are laid down in the Citizen of the European Union Act (Euroopa Liidu kodaniku seadus) (VMS § 1 lg 2) [35].