Right of residence of EU citizens in Estonia

Who do these rules apply to?

The Act applies to citizens of a member state of the European Union and the European Economic Area who are not Estonian citizens, to citizens of the Swiss Confederation, and to their family members (ELKS § 1 lg 2) [6]. It applies to a citizen of the United Kingdom who has, or acquires, a right of residence in Estonia as at 31 March 2021 (ELKS § 1 lg 2¹) [6].

A family member within the meaning of the Act is a person who is not themselves an EU or Estonian citizen and who is, among others (ELKS § 3 lg 1) [7]:

• the spouse or registered partner of the EU citizen;
• a direct descendant under 21, or a dependent adult direct descendant, of the EU citizen, their spouse or registered partner;
• a dependent direct ascendant of the EU citizen, their spouse or registered partner.

A dependant is a person who lives in a common household with the EU citizen and has no independent income (ELKS § 3 lg 2) [7].

How and when do I register my residence?

No later than three months after the day of entering Estonia, an EU citizen must register their place of residence under the procedure of the Population Register Act (ELKS § 7 lg 2) [1]. This is done by submitting a notice of residence (elukohateade) to the local authority of the residential address (RRS § 74 lg 1) [8]. The notice may be submitted in person, in writing by post, or electronically with a digital signature (RRS § 74 lg 2) [8]. If your data are entered in the population register for the first time, the local authority assigns your personal identification code when it enters the EU citizen's residence in the register (RRS § 40 lg 3 p 5) [9]; in that case the notice is submitted in person on site (RRS § 74 lg 2²) [8].

The notice states, among other things, the residential address, the basis for using the premises, and the owner's written consent if the person submitting the notice is not the owner and has not attached a document proving the right to use the premises (RRS § 75 lg 2) [10]. If you are not the owner of the dwelling and have neither the owner's consent nor a document proving the right to use it, the local authority will refuse to enter the residence data in the register (RRS § 84 lg 1 p 1) [11]. This ground for refusal does not apply to the owner's family members, including the spouse, registered partner, minor child and a parent unable to work (RRS § 84 lg 2) [11].

By registering their residence, an EU citizen acquires a temporary right of residence for five years (ELKS § 13 lg 1) [2]; at their request a certificate is issued (ELKS § 13 lg 3) [2]. After five years the temporary right of residence is automatically extended by five years if the residence is still registered in Estonia and the right has not expired or been terminated (ELKS § 13 lg 2) [2]. A minor child of an EU citizen who is born in Estonia or moves to Estonia receives a temporary right of residence if the parent has one, whether or not the child is an EU citizen (ELKS § 13 lg 1¹) [2].

When do I need an identity card?

An EU citizen who has acquired a temporary right of residence must apply for an identity card (isikutunnistus, ID card) within one month of the day of registering their residence in Estonia (ELKS § 14 lg 1) [3]. The identity card certifies their temporary right of residence (ELKS § 14 lg 2) [3]. Under the Identity Documents Act, an EU citizen living in Estonia on the basis of a valid right of residence must also have an identity card (ITDS § 6 lg 1) [12]; this obligation does not apply to persons under 15 (ITDS § 6 lg 3) [12].

The temporary right of residence ends, among other cases, when the EU citizen has no registered residence in Estonia and when they acquire a permanent right of residence (ELKS § 15 lg 1 p 1 and 2) [13].

When does a permanent right of residence arise?

An EU citizen who has lived in Estonia on the basis of a temporary right of residence for five consecutive years is entitled to a permanent right of residence (ELKS § 40 lg 1) [4]. Before that, the right arises among others if the EU citizen:

• had reached the old-age pension age by the day they stopped working or being self-employed, or stopped working to take early old-age retirement, and has worked or been self-employed in Estonia for at least the last twelve months and has lived in Estonia on the basis of a temporary right of residence for at least the last three consecutive years (ELKS § 40 lg 2 p 1) [4];
• has lived in Estonia on the basis of a temporary right of residence for at least the last two consecutive years and stopped working or being self-employed due to partial or no work ability (ELKS § 40 lg 2 p 2) [4].

In these two cases the residence and work period requirements do not apply if the EU citizen is married to or in a registered partnership with an Estonian citizen (ELKS § 40 lg 6) [4].

The permanent right of residence must be registered with the Police and Border Guard Board by submitting an application to it (ELKS § 41 lg 1 and 2) [14]. The Board checks whether the permanent right of residence exists and, if so, issues an identity card, which is the document certifying the permanent right of residence (ELKS § 41 lg 3) [14]. An EU citizen with a permanent right of residence is a permanent resident of Estonia (ELKS § 40 lg 4) [4].

What must a family member who is not an EU citizen do?

A family member may stay in Estonia together with the EU citizen if they have a valid travel document and a visa (ELKS § 10 lg 1) [15]. To live in Estonia, a family member needs a right of residence (ELKS § 2 lg 3) [16].

A family member staying in Estonia must submit the application for a temporary right of residence to the Police and Border Guard Board within three months of the day of entering Estonia (ELKS § 24 lg 3) [5] and must appear in person to submit it (ELKS § 24 lg 2) [5]. The stay in Estonia of a family member who has applied is lawful until the proceedings on the application end (ELKS § 10 lg 5) [15].

A temporary right of residence is granted to the family member on condition that the EU citizen they wish to join (ELKS § 20 lg 1) [17]:

• works or is self-employed in Estonia;
• has sufficient funds to support themselves and their family members and has a health insurance contract, or is an insured person under the Health Insurance Act; or
• studies in Estonia and likewise has sufficient funds and a health insurance contract or is an insured person.

If the family member's right of residence rests on the EU citizen studying in Estonia, the temporary right of residence is granted only to the spouse, the registered partner and a dependent child (ELKS § 22 lg 2) [18]. The right is granted for up to five years, but not for longer than the EU citizen lives in Estonia (ELKS § 19 lg 1) [19], and is certified by a residence permit card (elamisloakaart) (ELKS § 25 lg 1) [20]. After receiving the right of residence, the family member must register their residence in Estonia within one month (ELKS § 23) [21].

The family member must submit the application for extension to the Police and Border Guard Board at least one month before the temporary right of residence ends, or leave Estonia within two months after it expires (ELKS § 29 lg 1) [22]; once the temporary right of residence has ended, this deadline is not restored (ELKS § 29 lg 2) [22]. A family member who has lived in Estonia on the basis of a temporary right of residence for five consecutive years is entitled to a permanent right of residence (ELKS § 45 lg 1) [23]; the application to register it must be submitted at least one month before the residence permit card expires (ELKS § 46 lg 2) [24].

What the law says

• „Euroopa Liidu kodanik peab hiljemalt kolme kuu möödumisel Eestisse sisenemise päevast arvates oma elukoha registreerima rahvastikuregistri seaduses sätestatud korras.“ [1] (translation: an EU citizen must register their place of residence under the Population Register Act no later than three months after the day of entering Estonia; ELKS § 7 lg 2) – the registration period runs from the day of arrival.
• „Euroopa Liidu kodanik omandab Eestis tähtajalise elamisõiguse viieks aastaks, kui ta registreerib elukoha Eestis rahvastikuregistri seaduses sätestatud korras.“ [2] (translation: an EU citizen acquires a temporary right of residence in Estonia for five years if they register their residence in Estonia under the Population Register Act; ELKS § 13 lg 1) – an EU citizen does not apply separately for the temporary right of residence; it arises with the registration of residence.
• „Isikutunnistus tõendab Euroopa Liidu kodaniku tähtajalist elamisõigust.“ [3] (translation: the identity card certifies the EU citizen's temporary right of residence; ELKS § 14 lg 2).
• „Euroopa Liidu kodanikul, kes on tähtajalise elamisõiguse alusel Eestis elanud viis aastat järjest, on õigus alalisele elamisõigusele.“ [4] (translation: an EU citizen who has lived in Estonia on the basis of a temporary right of residence for five consecutive years is entitled to a permanent right of residence; ELKS § 40 lg 1).
• „Perekonnaliikmel on keelatud Eestis elada, kui tal ei ole elamisõigust Eestis.“ [16] (translation: a family member may not live in Estonia without a right of residence in Estonia; ELKS § 2 lg 3) – a third-country family member needs their own right of residence.

What to do

1. No later than three months after entering Estonia, submit a notice of residence to the local authority of your residential address (ELKS § 7 lg 2; RRS § 74 lg 1) [1] [8].
2. Apply for an identity card within one month of the day your residence was registered (ELKS § 14 lg 1) [3].
3. If a family member who is not an EU citizen came with you, they must appear in person at the Police and Border Guard Board and submit their application for a temporary right of residence within three months of entering Estonia (ELKS § 24 lg 2 and 3) [5]; after the right is granted, they must register their residence within one month (ELKS § 23) [21].
4. Keep your residence registered in Estonia – the temporary right of residence is extended automatically only if the residence is still registered in Estonia (ELKS § 13 lg 2) [2]. A family member must apply to extend their right of residence at least one month before it ends (ELKS § 29 lg 1) [22].
5. After five consecutive years, register your permanent right of residence with the Police and Border Guard Board (ELKS § 40 lg 1; ELKS § 41 lg 1) [4] [14].

Frequently asked questions

Does an EU citizen have to renew the right of residence every five years?

No. The temporary right of residence is automatically extended by five years if the residence is still registered in Estonia and the right has not expired or been terminated (ELKS § 13 lg 2) [2]. The identity card, however, is issued with a validity of up to five years (ITDS § 20 lg 1) [25].

May a family member work in Estonia?

To work or be self-employed in Estonia, a family member must have a right of residence (ELKS § 2 lg 4) [16]. A family member staying in Estonia on the basis of a right of stay may not work or be self-employed (ELKS § 10 lg 6) [15].

What happens to a family member's right of residence on divorce?

The temporary right of residence of the spouse or registered partner ends, except for example where the marriage or registered partnership had lasted at least three years before the proceedings began, including one year while using a temporary right of residence in Estonia, where under a court judgment or agreement they have custody of the EU citizen's child, or where special circumstances justify allowing them to keep using the right, such as having been a victim of domestic violence during the marriage or registered partnership (ELKS § 38 lg 1 p 1, 2 and 4) [26]. In addition, they must work or be self-employed in Estonia, or have sufficient funds and be an insured person (ELKS § 38 lg 2) [26].

Can the permanent right of residence be lost?

Yes. An EU citizen's permanent right of residence is terminated (ELKS § 43 lg 1) [27]:

• at their own request;
• if they have been away from Estonia for at least two consecutive years;
• if there is a serious threat to public order or a threat to national security.

A UK citizen's permanent right of residence ends because of absence only after at least five consecutive years away from Estonia (ELKS § 43 lg 1¹) [27]. The permanent right of residence is terminated by a decision of the Police and Border Guard Board (ELKS § 43 lg 2) [27].

What must I notify the Police and Border Guard Board about?

An EU citizen with a right of residence must notify, among other things, acquiring a right of residence in another member state, becoming unemployed and retiring (ELKS § 53 lg 1) [28]. The notification must be made within three months of the event (ELKS § 53 lg 4) [28].