Välismaalaste seadus (VMS)

§ 1. Scope of application

(1) This Act regulates the bases for the entry of foreign nationals into Estonia, their temporary stay, residence and employment in Estonia and their legal liability for violation of obligations provided for in this Act.

(2) The Citizen of the European Union Act provides for the legal bases of the temporary stay and residence in Estonia of citizens of the member states of the European Union, citizens of the member states of the European Economic Area or citizens of the Swiss Confederation and their family members.

(3) The Act on Granting International Protection to Foreign Nationals provides for the legal bases for the temporary stay, residence and employment in Estonia of applicants for international protection and of those who have been granted protection.

(4) The legal bases for the temporary stay, residence and employment in Estonia of the staff of diplomatic missions and consular posts of foreign states and their family members are provided by treaties and other instruments of international law.

(5) The National Defence Act provides for the legal bases for the entry into Estonia, temporary stay, residence and employment in Estonia of a foreign national entering Estonia in the framework of international military co-operation.

§ 2. Application of Act

(1) This Act is not applied to citizens of the member states of the European Union, citizens of the member states of the European Economic Area or citizens of the Swiss Confederation and their family members, who have a legal right for stay or residence in Estonia for the purposes of the Citizen of the European Union Act.

(3) The provisions of Subchapters 1 and 2 of Chapter 2 of this Act are applied to the proceeding of the legal bases for the temporary stay, residence and employment in Estonia of the staff of foreign diplomatic missions and consular posts and their family members.

(4) The provisions of this Act are applied taking account of the specifications provided for in a treaty binding on the Republic of Estonia.

§ 3. Foreign national

For the purposes of this Act, a foreign national is a person who is not an Estonian citizen.

§ 4. Minor child

For the purposes of this Act, a minor child is a person under 18 years of age. A person who is married, has a separate family or leads an independent life is not deemed to be a minor child for the purposes of this Act.

§ 5. Permanent resident

For the purposes of this Act, a permanent resident is an Estonian citizen residing in Estonia or a foreign national residing in Estonia who holds a long-term resident's residence permit in Estonia or a permanent right of residence.

§ 6. Permanent residence in Estonia

For the purposes of this Act, the permanent residence in Estonia of a foreign national is the stay in Estonia of a foreign national based on an Estonian residence permit or right of residence in case the habitual residence of the foreign national is in Estonia.

§ 7. Temporary stay in Estonia

For the purposes of this Act, the temporary stay in Estonia is the stay in Estonia of a foreign national without a residence permit or a right of residence in Estonia.

§ 8. Employment in Estonia

For the purposes of this Act, employment in Estonia is any activity in Estonia on the basis of an employment contract or another contract, as well as other activities for the benefit of another person where obtaining gain or any other proprietary benefit can be presumed regardless of the type or form of the contract on which such activity is based, or the location or the place of residence of the other party, unless otherwise provided by a treaty or law.

§ 9. Legal income

(1) Lawfully earned remuneration for work, parental benefits, unemployment benefits, income received from lawful business activities or property, pensions, scholarships, means of subsistence, benefits paid by a foreign state and the subsistence ensured by family members earning legal income are deemed to be legal income for the purposes of this Act unless otherwise provided for by this Act.

(2) The maintenance ensured by a family member includes:

1) maintenance of a minor child by a parent;

2) maintenance of an adult child by a parent if the child due to health condition or disability is not able to cope independently;

3) maintenance by a parent or grandparent of an adult child or grandchild studying in a basic school, upper secondary school or vocational educational institution or, on the basis of the state-recognised higher education curriculum in a vocational educational institution, an institution of professional higher education or a university;

4) maintenance by a spouse;

4¹) maintenance by a registered partner;

5) maintenance of a parent or grandparent by an adult child or grandchild if the parent or grandparent is not able to cope independently due to health condition or disability;

6) maintenance of a ward by a guardian.

§ 10. Rights of foreign nationals

(1) A foreign national staying in Estonia is guaranteed rights and freedoms equal to those of an Estonian citizen unless the Constitution, this Act, other legislation or a treaty binding on Estonia provides otherwise.

(2) A foreign national is guaranteed the rights and freedoms arising from the generally recognised standards of international law and international practice.

§ 11. Obligations of foreign national

A foreign national who is staying temporarily in Estonia or is residing in Estonia is required to observe the constitutional order of Estonia and comply with the legislation of Estonia, respect the constitutional values and principles, the state based on liberty, justice and the rule of law and the organisation of the Estonian society, the Estonian language and culture.

§ 12. Application of Administrative Procedure Act

(1) The provisions of the Administrative Procedure Act apply to the administrative proceedings provided for in this Act, taking account of the specifications of this Act.

(2) The provisions of the Administrative Procedure Act do not apply to visa procedures provided for in this Act unless otherwise provided in this Act.

§ 13. Purpose of procedure

(1) The purpose of the proceedings concerning the entry of a foreign national into Estonia, his or her temporary stay, residence and employment in Estonia and the obligation to leave Estonia of a foreign national is to guarantee that the entry into Estonia of a foreign national, the temporary stay and residence in Estonia and departure from Estonia of a foreign national would be in accordance with public interests and correspond to the need of the protection of public order and national security.

(2) The purpose provided for in subsection 1 of this section shall not preclude taking into account other facts or considerations in the proceeding.

§ 14. Facts relevant to proceedings

(1) The relevant rights of a foreign national, which at his or her own estimate require the entry into Estonia, the temporary stay, residence or employment in Estonia of a foreign national, are taken into account in the proceedings.

(2) Upon issue of an administrative act or performance of an act, relying on considerations for prevention of danger, uncertainties may be taken account of during proceedings in order to protect public order and national security.

§ 15. Evidence of relevant facts

(1) Upon evaluation and verification of potential future facts and the prevention of threats related to foreign nationals in the proceedings concerning the entry into Estonia of a foreign national, the temporary stay, residence and employment in Estonia and the obligation to leave from Estonia of a foreign national it is assumed that the occurrence of the fact is probable unless the occurrence of the fact is clearly precluded.

(2) Upon the issue of an administrative act or performance of an act the possibility of proving the facts relevant to the proceedings and the probability of the future change in them shall be taken into account.

(3) When an act was performed or an administrative act was issued taking account of the facts that may occur in future, the occurrence or non-occurrence of the facts shall have no impact on the legality of an act or administrative act.

§ 16. Competence of officials of administrative authority

The head of an administrative authority shall appoint competent officials within the organisation to perform procedural acts and issue administrative acts arising from this Act on behalf of an administrative authority unless otherwise provided for by law or regulation.

§ 17. Active legal capacity in administrative procedures

A minor of at least 15 years of age may perform the procedural acts arising from this Act and participate in the proceedings independently unless otherwise provided for in this Act.

§ 18. Obligation of cooperation

(1) A foreign national and other person concerned is obliged to cooperate in every way in the clarification of the facts relevant to the proceedings in the organisation of the entry into Estonia, the temporary stay, residence and employment in Estonia and the departure from Estonia of a foreign national.

(2) The obligation of cooperation also extends to the representative of a foreign national.

§ 19. Burden of proof

(1) A foreign national and other person concerned are required to prove the facts relevant to the granting, possession, extension and revocation of the legal basis for the temporary stay, residence and employment in Estonia of a foreign national in the proceedings concerning the organisation of the entry into Estonia, temporary stay, residence and employment in Estonia and the departure from Estonia of a foreign national.

(2) The burden of proof of a foreign national and other person concerned includes the obligation to provide written and oral explanations and the obligation to submit evidence.

§ 20. Notification obligation

(1) A foreign national and other person concerned have the obligation to notify an administrative authority of the change in and cessation of the facts relevant to granting, possession, extension and revocation of the legal basis for temporary stay, residence and employment in Estonia of a foreign national.

(2) The notification obligation includes, inter alia, the duty of a foreign national and other person concerned to notify an administrative authority during the conduct of the proceedings of the changes in facts, including the changes in his or her contact details or of a representative, which may affect the conduct of the proceedings.

§ 21. Obligation to participate in proceedings

(1) A foreign national and other person concerned is obliged to address an administrative authority in person at the summons of the administrative authority in order to carry out the procedural acts.

(2) A foreign national and other person concerned is obliged to participate in the performance of procedural acts.

(3) Upon a failure to perform an obligation to participate in the procedural acts a favourable administrative act shall not be issued or the procedural act that is applied for shall not be conducted.

§ 22. Performance of procedural acts in person

(1) In case the procedural acts, arising from the law or the nature of the procedural act, are required to be carried out in person, the person is required to appear before an administrative authority in person.

(2) If a person staying in Estonian is permanently unable to appear in person, for reason of health condition, before a competent administrative authority and the appearance in person is required, a competent administrative authority may, if possible, identify a person, verify the identity of a person, take biometric data of the person and carry out other procedural acts at his or her place of residence or stay in Estonia.

(3) If procedural acts shall be performed in person arising from the law or the nature of a procedural act, the party to a proceeding is not allowed to use a representative to perform the procedural act, to perform the procedural act by mail or electronically.

§ 23. Performance of procedural acts through representative

(1) A person may perform procedural acts arising from this Act through a representative unless otherwise provided for in this Act.

(2) If the procedural acts arising from this Act are performed through a representative, an administrative authority shall establish the identity of the representative or verify his or her identity.

(3) If the procedural acts arising from this Act are performed through a representative, he or she is obliged to submit evidence of the right of representation and an administrative authority shall establish the right of representation of the representative.

(4) An administrative authority may also obligate a person to perform procedural acts personally if using of a representative is allowed.

§ 24. Identification and verification of person's identity

(1) Upon performance of procedural acts arising from this Act an administrative authority is required to establish or verify the identity of a person.

(2) A person is required to enable identification and verification of his or her identity.

(3) A favourable procedural act shall not be issued or the procedural act applied for shall not be conducted if it is impossible to identify the person or verify the identity of a foreign national or other person concerned.

§ 25. Identification of a person on basis of identification document

(1) At the request of an administrative authority a person is required to submit an identification document for the identification and verification of the identity.

(2) A person shall be identified and his or her identity verified on the basis of a document provided for in subsection 2 of § 2 of the Identity Documents Act or a travel document issued by a foreign state.

(3) If a foreign national under 15 years of age has not been issued a document referred to in subsection 2 of this section, his or her identity shall be identified on the basis of the testimony of his or her legal representative and other evidence.

(4) If a foreign national does not hold a document referred to in subsection 2 of this section, then, if needed, his or her identity shall be identified or identity verified on the basis of other evidence.

§ 26. Identification of person on basis of biometric data

(1) Biometric data may be obtained from a foreign national or other person concerned and such data may be processed to identify a person and verify the identity of a person.

(2) At the request of an administrative authority the person is required to enable taking biometric data.

§ 27. Identification of person on basis of DNA data

(1) A DNA sample may be taken from a foreign national and the respective data processed to identify a person and verify the identity unless it is possible to identify a foreign national or verify the identity of a foreign national otherwise.

(2) A decision on taking a DNA sample from a minor shall, in particular, take account of the rights and interests of a minor.

(3) At the request of an administrative authority a person is required to enable a DNA sample being taken.

§ 28. Identification of person on basis of other evidence

An administrative authority may identify a person or verify the identity of a person on the basis of other data known to the administrative authority, not referred to in this Act, including the data collected in the course of proceedings concerning the person, carried out earlier, or the data being processed in the databases with regard to the person.

§ 29. Data submitted in application and evidence appended

(1) In order to apply for the issue of administrative acts or performance of procedural acts arising from this Act, a person shall have to submit an application.

(2) A person is required to submit all the data prescribed in the application.

(3) A person is required to append all the prescribed evidence to the application.

(4) A person may submit an application, and the evidence appended thereto in the Estonian or English language unless otherwise provided by this Act.

§ 30. Documents issued in foreign state

(1) A document issued in a foreign state in a foreign language must be translated into the Estonian or English language and the translation must be made by a sworn translator.

(2) A document that was issued in a foreign state must be legalised or certified with an apostille unless otherwise provided for in a treaty.

§ 31. Provision of additional data and evidence

(1) At the request of an administrative authority a person is required to submit additional or specifying data or evidence regarding facts that are relevant to the proceedings.

(2) If a person fails to submit the required evidence or data to an administrative authority and it is not possible for the administrative authority to obtain the evidence or data with reasonable effort or within a reasonable time, the administrative authority may dismiss the application or refuse to perform a procedural act.

§ 31¹. Collection of data by surveillance activities and enquiry to communications undertaking

(1) A competent authority specified in subsection 1 of § 126² of the Code of Criminal Procedure may, with the written consent of the person, collect data about him or her or evidence regarding the facts that are relevant to the proceedings by surveillance activities specified in subsection 1 of § 126³ of the Code of Criminal Procedure and by an inquiry to a communications undertaking concerning the information provided for in subsections 2 and 3 of § 111¹ of the Electronic Communications Act where that is needed for the issue of an administrative act or performance of an act.

(2) A person shall be notified about the conduct of surveillance activities with regard to him or her after the issue of an administrative act or performance of an act and the data collected by surveillance activities shall be submitted to him or her for examination at his or her request.

§ 32. Signing of application and evidence

(1) A person shall sign an application and the submitted evidence personally.

(2) A legal representative shall sign an application or provided evidence of a minor less than 15 years of age or of a person whose active legal capacity is restricted.

(3) By signing an application, a person confirms that he or she has not provided false information or added falsified evidence upon application for the visa.

(4) By signing an application and the provided evidence the person confirms that he or she is aware of the content of the personal data being processed with regard to him, of the purpose, extent, manner and admissibility of the disclosure to a third party of personal data.

(5) An administrative authority may require a person to sign documentary evidence or a copy thereof. By signing the documentary evidence or a copy thereof a person shall confirm that the submitted evidence is an original document, it does not include false data and has not been falsified. By signing a copy of the document, a person shall confirm that the copy corresponds to the original document.

(6) If a person is not able to sign an application or documentary evidence, an administrative authority shall make a notation on the application or documentary evidence about the absence of the signature and the reasons therefor. This is equal to signing the application or evidence.

(7) The provisions of this section also apply to applications submitted to commence proceedings and declarations submitted in the course of proceedings.

§ 33. Term for proceeding

(1) The term for the performance of proceedings arising from this Act is provided by regulations issued on the basis of this Act.

(2) If the term for the performance of proceedings has not been provided by a regulation, an administrative authority shall determine the term therefor.

(3) The term established or determined by an administrative authority shall not be longer than six months.

§ 34. Extension of term for proceeding

(1) An administrative authority may extend the term for the proceedings unless it is possible to clarify the facts relevant to the proceedings or to collect evidence within the term provided for proceedings.

(2) By the actual extension of the term for proceedings the new term for proceedings that is determined by an administrative authority shall not exceed the initial term for proceedings.

§ 35. Restoration of term for proceeding

(1) If a term for a proceeding is allowed to expire with good reason, an administrative authority may restore the term on its own initiative or at the request of a participant in the proceeding unless otherwise provided for in this Act.

(2) A reasoned application for the restoration of a term for a proceeding shall be submitted immediately after the circumstances impeding performance of a procedural act cease to exist.

(3) Neither the submission of an application for restoration nor restoration of a term for a proceeding shall make the stay of a foreign national in Estonia legal if a foreign national does not have a legal basis for a temporary stay or residence in Estonia.

§ 36. Notification

(1) A person shall be notified of administrative acts issued and acts performed on the basis of this Act if notification has been prescribed by this Act or a ruling has been issued on the basis thereof.

(2) A person shall be notified according to the contact details indicated in the request or application or at the address of the place of residence registered in Estonia if the person has not expressed a wish to receive information pursuant to other contact details or the details of the place of residence.

(3) A person shall be notified of the issue of a favourable administrative act or the performance of an act applied for on the basis of this Act via web page of an administrative authority electronically or in another appropriate manner without disclosing personal details.

(4) An encumbering administrative act can be delivered to a person electronically or by mail or at the location of an administrative authority.

(5) If a person is using a representative in the performance of proceedings, the obligation of an administrative authority to notify the person provided for in this section shall be deemed fulfilled by notification of the representative.

§ 37. Service of administrative act electronically or by mail

(1) An encumbering administrative act issued on the basis of this Act may be served to the person by registered mail or electronically if acknowledgment of receipt of the electronically transmitted document is ensured.

(2) In case of a failure to serve an administrative act in a manner referred to in subsection 1 of this section, an administrative authority may disclose the personal details of the addressee of the administrative act and of the operative part of the administrative act on the web page of the administrative authority. An administrative act is deemed to be served and to have entered into force when the operative part of an administrative act has been published on the web page of an administrative authority.

§ 38. Service of administrative act at location of administrative authority

(1) An administrative authority may appoint a date or term to a person for when he or she is required to appear before an administrative authority in order to receive the administrative act.

(2) In case a person, without any good reason, fails to appear before an administrative authority in person on the appointed date or within the set term, the administrative authority may publish the personal details of the addressee of the administrative act and the operative part of the administrative act on the web page of the administrative authority. An administrative act is deemed to be served and to have entered into force when the operative part of an administrative act has been published on the web page of an administrative authority.

§ 39. Notification of procedural documents

(1) In proceedings concerning the entry into Estonia of a foreign national, the temporary stay, residence and employment in Estonia and the requirement to leave from Estonia of a foreign national, a procedural document, including the summons to appear before an administrative authority, may be communicated to the person via the web page of the administrative authority without disclosing personal details, electronically, by mail, at the location of the administrative authority or in another appropriate manner. The administrative authority shall select the manner of communicating the procedural document.

(2) In case of a failure to serve the procedural document to a person in a manner referred to in subsection 1 of this section, which, according to the assessment of an administrative authority had to ensure the service of the procedural document with the highest probability, an administrative authority may publish the personal details of a party to the proceeding and the content of the procedural document on the web page of the administrative authority. A procedural document is deemed to be served to a person when the procedural document, including the content of the summons, has been published on the web page of the administrative authority.

§ 40. Service of procedural act if location of person is unknown

(1) If the address of the location of the person is unknown to an administrative authority and the administrative authority has failed to find out the location of the person within reasonable period of time or with reasonable effort, the personal details of the addressee of the administrative act and of the operative part of both a favourable and encumbering administrative act or a procedural document, including the content of the summons, may be published on the web page of the administrative authority.

(2) An administrative act is deemed to be served to a person and have entered into force and a procedural document to be served when the operative part of the administrative act or the content of the procedural document have been published on the web page of an administrative authority.

§ 40¹. Specifications for justification of administrative act

The reasons underlying the administrative act issued on the basis of this Act, including the data and evidence gathered in the proceedings, shall not be disclosed, including to the data subject, to the extent which is contrary to the objectives provided for in subsection 1 of § 279³ of this Act.

§ 40². Assessment of reliability

(1) The Police and Border Guard Board may provide an assessment of the unreliability of an employer, educational institution, internship provider or other person (hereinafter assessment) if a foreign national comes to a person or if the obligations of a sponsor provided for in this Act apply to the person (hereinafter in this section sponsor).

(2) The Police and Border Guard Board and a consular officer may take account of the assessment upon performing an act or issuing an administrative act in the proceedings of the following applications:

1) an application for registration of short-term employment;

2) an application for a long-term visa;

3) an application for extension of a visa or other period of stay in Estonia determined on a legal basis;

4) an application for a residence permit and an application for extension of a residence permit;

5) an application for registration of a change of employment.

(3) Violations of obligations imposed on the basis of this Act and other reasons on the basis of which there are reasonable grounds to doubt the reliability of the sponsor shall be taken into account upon providing the assessment.

(4) An assessment shall be issued for a period of validity of up to one year.

§ 41. State fee

(1) A state fee shall be paid according to the rate that is established in the State Fees Act for the performance of the following acts and review of applications for the issue of administrative acts:

1) a review of an application for a residence permit, extension of a residence permit and resumption of a residence permit;

4) a review of an application for visa and for the extension of the period of stay and;

5) a registration of short-term working.

6) a review of a challenge against the decision on refusal to issue a visa, annulment of a visa, revocation of a visa, refusal to extend the period of stay and premature termination of the period of stay;

7) a review of an application for the formalisation as a long-stay-visa of the right to stay in Estonia arising from the expiry of the period of validity of the temporary residence permit;

8) a review of a challenge against the decision on refusal to issue a travel authorisation, annulment of a travel authorisation and revocation of a travel authorisation.

(1¹) In case the state fee for reviewing an application for a temporary residence permit for employment or its extension is paid by the employer of a foreign national, it may not be collected from the foreign national.

(2) A state fee shall not be refunded in case of a refusal to review an application.

§ 42. Preservation of procedural documents

A person's request, application, evidence, record, data about sending the summons and service of the document and other procedural documents shall be preserved pursuant to the procedure prescribed in the legislation of the European Union, the Archive's Act and in the regulations issued on the basis thereof.

§ 42¹. Opinion of another administrative authority and person

(1) If the opinion of another administrative authority, a natural or legal person is needed for an administrative authority upon carrying out the proceedings provided for in this Act, the administrative authority may ask for the necessary opinion.

(2) If another administrative authority, natural or legal person has not provided the opinion thereof within the prescribed period or has not extended the time limit, the administrative authority shall carry out the proceeding without the opinion of another administrative authority, natural or legal person.

§ 44. Terms for temporary stay in Estonia

(1) A foreign national may stay in Estonia under the terms and conditions determined by visa.

(2) If an agreement has been entered into with a foreign state for visa-free travel or the visa requirement has been waived for the citizens of a foreign state, a citizen of such foreign state may stay in the member states of the Schengen Convention, including Estonia, for up to a total of 90 days within any period of 180 days unless otherwise provided for by the treaty.

(3) It is permitted to stay in Estonia on the basis of a residence permit or a long-stay visa issued by a competent agency of a member state of the Schengen Convention for up to a total of 90 calendar days within the period of 180 days.

(3¹) The intra-corporate transferee permit issued by a competent agency of another member state of the European Union allows staying in Estonia for the purpose of intra-corporate transfer during the period of validity of such residence permit.

(3²) It is permitted to stay in Estonia for the purposes of studies with a long-stay visa or a residence permit issued by a competent agency of a member state of the European Union specified in clause 10 of subsection 1 of § 43 of this Act for up to 360 days if the foreign national has been admitted to the professional higher education or bachelor's studies, the integrated curricula of Bachelor's and Master's studies or Master's or Doctoral studies.

(3³) It is permitted to stay in Estonia with a long-stay visa or residence permit issued by a competent agency of another member state of the European Union specified in clause 10 of subsection 1 of § 43 of this Act for the purposes of research during the period of validity of the visa or residence permit if the short-term employment of a foreign national has been registered in the Police and Border Guard Board.

(3⁴) If a competent agency of a member state of the European Union has issued a long-stay visa or residence permit for the purposes of research to a foreign national who is staying in Estonia under the conditions specified in subsection 3³ of this section, his or her family member may stay temporarily in Estonia during the period of validity of that visa or residence permit.

(4) A foreign national who is a crew member may be permitted to Estonia as a transit passenger if the purpose of the entry into Estonia is to commence or terminate employment as a crew member on board of a ship at an Estonian port or the commencement of employment on board of another ship at an Estonian port or in cases provided for in a treaty for transferring to a ship in another state or returning to the country of origin.

(5) In the case specified in subsections 2¹ and 2² of § 105 of this Act, a foreign national who is a crew member may stay on a ship sailing under the national flag of Estonia for the purpose of work.

(6) In the case specified in subsection 3³ of § 43 of this Act, an underage child who was born in Estonia may stay in Estonia as long as the parent of the child has a valid basis for a temporary stay in Estonia.

§ 45. Health insurance policy

(1) During the temporary stay in Estonia and applying for extension of the period of stay a foreign national is required to have a valid health insurance policy guaranteeing that any costs related to his or her medical treatment as a result of illness or injury during the period of stay in Estonia will be met.

(2) A foreign national need not have a health insurance policy:

1) if a foreign national is deemed to be a person covered by compulsory health insurance pursuant to the Health Insurance Act;

2) if a foreign national has an insurance policy guaranteeing that any costs related to his or her medical treatment as a result of illness or injury will be met to the same extent as for a person covered by health insurance;

3) in a case provided by a treaty or;

4) if any costs related to his or her medical treatment as a result of illness or injury shall be paid by another state or international organisation.

§ 45¹. Obligations of sponsor

The educational institution in which a foreign national commenced studies in Estonia on the basis of a long-stay visa or residence permit issued by a competent agency of another member state of the European Union specified in clause 10 of subsection 1 of § 43 of this Act shall have the obligations of a sponsor provided for in this Act.

§ 46. Conditions of extension of period of stay

(1) The period of stay in Estonia permitted on the legal basis for temporary stay in Estonia (hereinafter referred to as period of stay in this Subchapter) is generally not extended.

(2) As an exception, the period of stay may be extended up to ninety days if a circumstance has arisen of which a foreign national was unaware before entry into Estonia or a new circumstance has arisen after the entry of a foreign national into Estonia.

(3) At least one of the following reasons is deemed to be a circumstance specified in subsection 2 of this section that requires a continued temporary stay of a foreign national in Estonia or prevents his or her departure from Estonia:

1) force majeure;

2) a humanitarian ground;

3) a good occupational reason and

4) a good personal reason.

(4) The right or obligation to stay in Estonia directly arising from law, a judicial decision or an administrative act shall not be extended pursuant to this Act.

§ 47. Legal effect of application for extension of period of stay

If a foreign national has applied for the extension of the period of stay during the period of temporary stay, his or her stay in Estonia is deemed legal during the review of his or her application.

§ 48. Refusal to extend period of stay

(1) The extension of the period of stay is refused if:

1) a circumstance which is the basis for premature termination of the period of stay exists with regard to a foreign national;

1¹) where it is prescribed by the legislation imposing international sanctions or the sanctions of the Government of the Republic;

2) an application for the extension of the period of stay is not submitted within the specified term and the term is not restored;

3) upon application for the extension of the period of stay, false information or falsified documents have been submitted about the facts relevant to the proceedings;

4) a foreign national fails to submit information and evidence at the request of and within the term designated by an administrative authority;

5) there is doubt that the alleged purpose of the extension of the period of stay of a foreign national does not correspond to the actual purpose of the continued stay of a foreign national in Estonia;

6) an application for the extension of the period of stay submitted by a foreign national is not substantiated;

7) there is reason to doubt the trustworthiness of a foreign national;

8) the travel document of a foreign national does not comply with the established requirements;

9) a foreign national does not hold a valid travel document;

10) other facts which preclude the extension of the period of stay exist.

(2) If a legal basis for a foreign national to stay in Estonia is a residence permit issued by a competent agency of a member state of the Schengen Convention, upon the extension of the period of stay, the period of validity of the period of stay shall generally not exceed the period of validity of his or her residence permit.

§ 49. Grounds for refusal to extend period of stay

(1) Refusal to extend the period of stay shall not be substantiated.

(2) The reason for refusal to extend the period of stay or the information thereof shall not be disclosed to a foreign national or any other person.

§ 50. Competence to decide extension of period of stay

(1) The Police and Border Guard Board shall decide on extension or refusal to extend of the period of stay.

(2) The Ministry of Foreign Affairs shall decide on extension of or refusal to extend the period of stay permitted on the basis of a service card issued to the staff of a diplomatic mission and consular post of a foreign state and an agency of an international organisation accredited to Estonia, their family members and private staff.

§ 50¹. Contestation of decision to refuse to extend period of stay

(1) A challenge against the decision on refusal to extend a period of stay is submitted for review to the Police and Border Guard Board.

(2) The contestation of the decision on refusal to extend the period of stay is applied subdivisions 4 and 5 of Division 5 of Subchapter 2 of this Chapter, except § 100⁴.

§ 51. Premature termination of period of stay

(1) Premature termination of the period of stay is the shortening of the period of stay of a foreign national in Estonia, permitted on a legal basis for the temporary stay in Estonia of a foreign national, except by the visa issued on the basis of this Act.

(2) Upon premature termination of the period of stay on a legal basis specified in subsection 1 of this section, the period of stay shall be shortened once.

(3) The period of stay may be terminated prematurely at any time before entry of a foreign national into Estonia, at a border checkpoint or during the stay of a foreign national in Estonia.

§ 52. Bases for premature termination of period of stay

(1) The period of stay may be terminated prematurely if at least one of the following bases exists:

1) a foreign national does not hold a valid travel document;

2) the travel document of a foreign national or the entries in it are falsified;

3) there is doubt to believe that the alleged purpose of the entry into the territory of the member states of the Schengen Convention of a foreign national does not correspond to the actual purpose;

4) a foreign national has already stayed in the territory of the member states of the Schengen Convention for 90 days within a period of 180 days;

5) a foreign national lacks the sufficient means of subsistence, taking into consideration the duration and nature of the stay in the state, or the means necessary for his or her return to their country of origin or to a transit country.

6) a prohibition on entry applied by Estonia or a prohibition on entry applied by a member state of the Schengen Convention and entered into the Schengen information system according to the Schengen Convention, applies with regard to a foreign national and;

7) a foreign national may constitute a threat to public order, national security, international relationships or public health of any member state of the European Union;

8) a foreign national submits a personal application for that purpose;

9) the main reason for the stay in Estonia of a foreign national is employment and his or her employment contract or other contract or activity, where obtaining gain or any other proprietary benefit can be presumed, expires or has expired.

(2) There is reason to believe that the alleged purpose of the entry of a foreign national into the territory of member states of the Schengen Convention does not correspond to the actual purpose thereof for the purposes of clause 3 of subsection 1 of this section if, in particular:

1) there is doubt that a foreign national may not leave the territory of member states of the Schengen Convention after the expiry of the legal basis;

2) there is doubt that a foreign national may violate the conditions of the temporary stay in the territory of the member states of the Schengen Convention;

3) there is reason to doubt the trustworthiness of a foreign national or;

4) a foreign national does not comply with the conditions of the temporary stay in the territory of the member states of the Schengen Convention.

(3) The basis indicated in clause 5 of subsection 1 of this section is, in particular, applied as a basis for premature termination of the period of stay if:

1) a foreign national lacks the required sufficient funds to cover the costs of the stay in the territory of the member states of the Schengen Convention and of his or her departure therefrom or to ensure his or her accommodation or;

2) the health insurance policy of a foreign national shall expire before the end of the permitted period of stay.

(4) The basis indicated in clause 7 of subsection 1 of this section is, in particular, applied as the basis for premature termination of the period of stay if:

1) a foreign national has been punished for offence or

2) a circumstance which is the basis for application of a prohibition on entry exists with regard to a foreign national.

(5) The period of stay is not terminated prematurely if the temporary stay of a foreign national in Estonia is necessary for humanitarian grounds, on grounds of national interests or to fulfil international obligations.

§ 53. Grounds for premature termination of period of stay

(1) Upon premature termination of the period of stay a foreign national shall be notified of the legal basis for termination.

(2) The grounds for premature termination of the period of stay or the information thereof shall not be disclosed to a foreign national or any other person.

§ 54. Legal effects of premature termination of period of stay

(1) Upon premature termination of the period of stay before entry of a foreign national into Estonia or at a border checkpoint, a foreign national shall not be permitted into Estonia and shall be sent back pursuant to the procedure provided for in the State Borders Act.

(2) Upon premature termination of the period of stay, a foreign national is required to immediately leave Estonia. The obligation to leave may be immediately executed pursuant to the procedure provided for in the Obligation to Leave and Prohibition on Entry Act.

§ 55. Competence to decide on premature termination of period of stay

The Ministry of Foreign Affairs, the Police and Border Guard Board or the Estonian Internal Security Service shall prematurely terminate the period of stay.

§ 55¹. Contestation of decision to terminate period of stay prematurely

(1) A challenge against the decision on premature termination of the period of stay is submitted for review to the authority specified in § 55 of this Act.

(2) The contestation of the decision on premature termination of the period of stay is applied subdivisions 4 and 5 of Division 5 of Subchapter 2 of this Chapter, except § 100⁴.

§ 56. Visa

A visa is a permit issued to a foreign national for entry into the territory of the member states of the Schengen Convention, into Estonia or into the transit zone at the airport and for a temporary stay therein under the conditions determined by a visa unless otherwise provided for by law.

§ 57. Categories of visa

The categories of visas are:

1) an airport transit visa;

2) a short-stay visa and

3) a long-stay visa.

§ 58. Airport transit visa

An airport transit visa may be issued to a foreign national pursuant to Regulation (EC) No 810/2009 of the European Parliament and of the Council establishing a Community Code on visas (Visa Code) (OJ L 243, 15.09.2009, pp. 1-58) (hereinafter Visa Code).

§ 59. Short-Stay Visa

A short-stay visa may be issued to a foreign national on the bases provided for in the Visa Code.

§ 60. Long-Stay Visa

(1) A long-stay visa may be issued to a foreign national for single or multiple temporary stay in Estonia.

(2) A long-stay visa may be issued with a period of validity up to twelve months.

(3) A long-stay visa may be issued for the period of stay of up to 365 days within twelve consecutive months unless otherwise provided for by a treaty.

(6) The whole period of stay of a foreign national with a long-stay visa shall not be longer than 548 days within 730 consecutive days unless otherwise provided for by a treaty.

(7) Subsection 6 of this section shall not be applied with regard to a foreign national whose short-term employment has been registered on the basis of subsection 10 of § 106 of this Act if the foreign national has prior stayed in the state with a long-term visa for purposes other than seasonal work.

§ 61. Conditions determined by visa

(1) The following conditions shall be determined by a visa:

1) the period of validity – a period during which a visa is valid for single, double or multiple entries into the territory of the member states of the Schengen Convention, Estonia or the transit zone at the airport, for stay therein and departure therefrom;

2) the period of stay – the number of days during which a foreign national may stay in the territory of the member states of the Schengen Convention, in Estonia or in the transit zone at the airport during the period of validity of the visa;

3) the number of entries – the number of entries into the territory of the member states of the Schengen Convention, into Estonia or into the transit zone of the airport permitted to a foreign national during the period of validity of the visa;

4) the territorial validity – a territory of one or several member states of the Schengen Convention or the transit zone at the airport where a foreign national may stay on the condition that the visa area is entered and left through the territory of the state determined by the territorial validity.

(2) A foreign national is required to comply with the conditions determined by a visa upon entry into, stay in and departure from the territory of the member states of the Schengen Convention, Estonia or the transit zone of the airport.

§ 62. Conditions of issue of visas

(1) An airport transit visa and a short-stay visa may be issued to a foreign national under the conditions provided for in the Visa Code.

(2) A long-term visa may be issued to a foreign national:

1) who holds a valid travel document;

2) if the purpose of his or her application for the Estonian long-stay visa is justified;

3) he or she has sufficient financial resources to cover the costs of accommodation and stay during his or her stay in Estonia and to return to his or her country of origin or transit;

4) a foreign national has a valid health insurance policy which guarantees payment of medical treatment expenses of the foreign national due to their illness or injury during the validity of the visa.

(3) A health insurance policy is not required in the cases of a long-stay visa if a foreign national is deemed to be a person covered by compulsory health insurance pursuant to the Health Insurance Act or if the costs relating to the medical treatment of a foreign national are paid by another state or international organisation or in cases provided by a treaty.

§ 62¹. Issue of visa related to short-term employment of foreign national in Estonia

(1) Prior to application for a visa for short-term employment in Estonia a foreign national is required to register his or her short-term employment in Estonia with the Police and Border Guard Board.

(2) If a foreign national is issued a visa for short-term employment in Estonia, and the foreign national is a parent raising a minor child or the sole guardian of an adult child who is unable to cope independently due to the state of health or disability, a visa may be issued to, the child of a foreign national under the same conditions as to the specified foreign national.

(2¹) In case the short-term employment of a foreign national in Estonia is registered for the purpose of research and development, as an academic staff member or as an intra-corporate transferee on the basis of clause 2 of subsection 1⁴ or subsection 13 of § 106 of this Act, a visa may be issued to the foreign national’s spouse, registered partner, minor child and an adult child who is unable to cope independently due to their state of health or disability, for the period of stay of the foreign national in Estonia, taking account of the conditions of the issue of a visa.

(3) If the short-term employment of a foreign national in Estonia is registered and the foreign national has a legal basis for the temporary stay in Estonia, a short-term or long-term visa may be issued to a child of the foreign national who is a parent raising a minor child or the sole guardian of an adult child who is unable to cope independently due to the state of health or disability.

§ 62². Issue of visa related to commencement of studies of foreign national in Estonia

(1) A short-term or long-term visa for study may be issued to a foreign national admitted to a state-recognised basic school, upper secondary school, vocational educational institution or an institution of higher education.

(2) A visa may be issued for study at the level of higher education studies if the foreign national commences studies at the educational institution that is institutionally accredited.

(3) in case a foreign national who has been admitted to the studies in an educational institution at the fourth or fifth qualification level of vocational training, to professional higher education or Bachelor’s studies, to the studies based on the integrated curricula of Bachelor’s and Master’s studies or Master’s studies is issued a visa related to the commencement of studies in Estonia and they are a single parent raising an underage child, the underage child of the foreign national may be issued a short-term or long-term visa under the same conditions as to the specified foreign national.

(4) In case a foreign national who has been admitted to the Doctoral studies in an educational institution has been issued a visa related to the commencement of studies in Estonia, the foreign national’s spouse, registered partner, minor child and an adult child who due to their health status or disability is unable to cope independently may be issued a short-term or long-term visa respectively under the same conditions as to the specified foreign national.

§ 62³. Legal effect of application for long-stay visa

If a foreign national has applied for a long-stay visa pursuant to the procedure provided for in § 91¹ of this Act, his or her stay in Estonia is deemed legal during the review of his or her application.

§ 62⁴. Issue of visa related to start-up business

(1) A visa for engagement in start-up business may be issued if the stay of a foreign national in Estonia is related to foundation or development of a start-up company in Estonia. A foreign national may be issued a short-stay or long-stay visa for engagement in start-up business.

(2) A start-up company for the purposes of this Act is a business entity belonging to a company registered in Estonia, which is starting activity with the purpose to develop and launch such a business model with high global growth potential, innovative and replicable that shall significantly contribute to the development of the Estonian business environment.

(3) In case a foreign national is issued a visa for engagement in start-up business, a visa may be issued to the foreign national’s spouse, registered partner, minor child or an adult child who due to their health status or disability is unable to cope independently, under the same conditions as to the specified foreign national.

(4) In case a foreign national is issued a visa for engagement in start-up business, a short-stay or long-stay visa may be issued to the foreign national’s spouse, registered partner, minor child or an adult child who due to their health status or disability is unable to cope independently.

§ 62⁵. Issue of visa for teleworking

(1) A visa for teleworking may be issued to a foreign national whose purpose of temporary stay in Estonia is to perform work duties in Estonia as a location-independent employee.

(2) For the purposes of this Act, a location-independent employee is a foreign national whose work does not depend on location and who uses telecommunications technology to perform work duties as telework and who continues:

1) employment for the benefit of an employer registered in a foreign state with whom he or she has a contractual relationship;

2) business activities for the benefit of a company registered in a foreign state in which he or she has a holding;

3) the provision of services mainly to customers whose place of business is in a foreign state and with whom he or she has a contractual relationship.

(3) A visa for teleworking may be issued if a foreign national comes to Estonia at the invitation of a reliable intermediary who has assessed the compliance of the foreign national with the definition of a location-independent employee, or if the foreign national meets the definition of a location-independent employee in the opinion of the administrative authority.

(4) For the purposes of this Act, a reliable intermediary is a company recognized as reliable by the minister in charge of the policy sector, who assesses the compliance of a foreign national with the definition of a location-independent employee.

(5) A short-stay or long-stay visa may be issued to a foreign national for the performance of telework.

(6) In case a foreign national is issued a visa for teleworking, a visa may be issued to the foreign national's spouse, registered partner, minor child and an adult child who is unable to cope independently due to their health condition or disability under the same conditions as to the specified foreign national.

(7) In case a foreign national is issued a visa for teleworking, a short-stay or long-stay visa may be issued to the foreign national's spouse, registered partner, minor child and an adult child who is unable to cope independently due to their health condition or disability.

§ 63. Issue of visa at border checkpoint

(1) Generally, visas are not issued at border checkpoints.

(2) A short-stay visa may be issued at a border checkpoint on the grounds and conditions provided by the Visa Code.

(3) An airport transit visa and a long-stay visa is not issued at a border checkpoint.

§ 64. Information regarding issue of visa

The facts of the issue of a visa and information related thereto shall not be disclosed to a foreign national or any other person.

§ 64¹. Obligations of sponsor

(1) The educational institution to which a foreign national was issued a visa for the purpose of study has the obligations of a sponsor provided for in this Act.

(2) A trusted intermediary on the basis of whose confirmation a foreign national was issued a visa for teleworking has the obligations of a sponsor provided for in this Act.

§ 65. Bases for refusal to issue visa

(1) The issue of a short-stay visa and an airport transit visa shall be refused on the bases provided for by the Visa Code.

(2) The issue of a long-stay visa shall be refused if there exists at least one of the following grounds:

1) a foreign national does not hold a valid travel document;

2) the travel document of a foreign national or the entries in it are falsified;

3) there is reason to believe that the alleged purpose of the travel of a foreign national does not correspond to the actual purpose;

4) a foreign national lacks the sufficient means of subsistence taking into consideration the duration and nature of the stay in Estonia, or the necessary funds to cover the costs relating to his or her return to the country of origin or the transit country;

5) a prohibition on entry applied by Estonia is valid with regard to a foreign national or a Schengen prohibition on entry that is applied by a member state of the uniform visa area of the European Union and, pursuant to Schengen Convention, an alert has been entered in the Schengen Information System for the purposes of refusing him or her an entry;

5¹) where it is prescribed by the legislation imposing international sanctions or the sanctions of the Government of the Republic;

6) a foreign national may constitute a threat to public order, national security, international relations or public health;

7) there is reason to doubt the authenticity of the supplementary documents submitted by a foreign national or the correctness of their contents, the trustworthiness of the statements of a foreign national or his or her intention to leave Estonia before the expiry of the period of validity of a long-stay visa;

8) there are reasonable grounds to doubt the reliability of the employer, educational institution, internship provider or other person to whom the foreign national comes;

9) at least one of the conditions which is required for the issue of a visa is not fulfilled.

§ 66. Reasoning of refusal to issue visa

(1) In the case of the refusal to issue a visa a foreign national is notified of the legal basis for refusal.

(2) The reasons for refusal to issue a visa or the information thereof shall not be disclosed to a foreign national or any other person.

§ 67. Conditions of extension of period of stay determined by visa

(1) The period of stay determined by a visa (hereinafter in this Subchapter period of stay) is generally not extended.

(2) The period of stay determined by a short-stay visa and an airport transit visa is extended pursuant to the bases provided in the Visa Code.

(3) As an exception, the period of stay determined by a long-stay visa may be extended up to ninety days if a circumstance has arisen of which a foreign national was unaware before the entry into Estonia, or a new circumstance has arisen after the issue of a visa and the entry of a foreign national into Estonia.

(4) At least one of the following facts is considered a circumstance specified in subsection 3 of this section which requires the continued temporary stay of a foreign national in Estonia or prevents his or her departure from Estonia:

1) force majeure;

2) a humanitarian ground;

3) a good occupational reason and

4) a good personal reason.

(4¹) The period of stay determined by a long-stay visa shall be extended for short-term employment in Estonia, provided that the whole period of stay of a foreign national with a long-stay visa is no longer than 548 days within 730 consecutive days.

(4²) The period of stay determined by a long-stay visa shall be extended for engagement in start-up enterprise, provided that the whole period of stay of the foreign national with a long-stay visa is no longer than 548 days within 730 consecutive days.

(4³) In case the period of stay determined by a long-stay visa of a foreign national is extended on the basis of subsection 4² of this section, the period of stay determined by a long-stay visa may be extended to the foreign national’s spouse, registered partner, minor child or an adult child who due to their health status or disability is unable to cope independently, under the same conditions as to the specified foreign national.

(5) Upon extension of the period of stay determined by a visa for longer than the period of validity of a visa, the period of validity of the visa shall extend until the expiry of the period of stay determined by the visa.

§ 68. Health insurance policy

(1) A foreign national applying for extension of the period of stay shall have a health insurance policy guaranteeing that any costs related to his or her medical treatment as a result of illness or injury during his or her temporary stay in Estonia will be met.

(2) A foreign national need not hold a health insurance policy:

1) if he or she is deemed to be a person covered by compulsory health insurance pursuant to the Health Insurance Act;

2) if he or she holds an insurance contract guaranteeing that any costs related to his or her medical treatment as a result of illness or injury will be met to the same extent as for the persons who are covered with health insurance;

3) in the cases provided by a treaty;

4) if the costs relating to the medical treatment as a result of illness or injury of a foreign national are met by another state or international organisation.

§ 68¹. Extension of period of stay related to short-term employment of foreign national in Estonia

(1) Prior to application for extension of the period of stay determined by a visa based on subsection 4¹ of § 67 of this Act a foreign national is required to register his or her short-term employment in Estonia with the Police and Border Guard Board.

(2) In case the period of stay of a foreign national is extended on the basis of subsection 4¹ of § 67 of this Act, the period of stay determined by a long-stay visa of the foreign national’s spouse, registered partner, minor child and an adult child who due to their health condition or disability is not able to cope independently, under the same conditions as to the specified foreign national.

§ 69. Legal effect of the application for extension of period of stay

If a foreign national has applied for the extension of the period of stay during the period of validity of a visa, his or her stay in Estonia is deemed legal during the review of his or her application.

§ 70. Refusal to extend period of stay

The extension of the period of stay is refused if:

1) a circumstance which is the basis for refusal to issue a visa exists in respect of a foreign national;

3) upon application for the extension of the period of stay false information or falsified documents have been submitted about the information which is relevant to the proceeding;

4) a foreign national fails to provide information and documentary evidence at the request of and within the term designated by the administrative authority;

5) there is doubt that the alleged purpose of the extension of the period of stay of a foreign national does not correspond to the actual purpose of the continued stay of a foreign national in the territory of the member states of the Schengen Convention or in Estonia;

6) an application for the extension of the period of stay submitted by a foreign national is not substantiated;

7) there is reason to doubt the trustworthiness of a foreign national;

8) the travel document of a foreign national does not comply with the established requirements;

9) a foreign national does not hold a valid travel document or;

10) other circumstances which preclude the extension of the period of stay exist.

§ 71. Reasoning of refusal to extend period of stay

(1) Upon refusal to extend the period of stay a foreign national shall be notified of the legal basis for refusal.

(2) A reason for refusal to extend the period of stay or the information related thereto shall not be disclosed to a foreign national or any other person.

§ 72. Expiry of single-entry visa

(1) The validity of a single-entry short-stay visa and an airport transit visa expires:

1) upon the expiry of the period of validity of a visa;

2) upon termination of the period of stay unless the period of validity of a visa expires earlier;

3) when a foreign national leaves the territory of the member states of the Schengen Convention or the airport transit zone;

4) upon annulment of a visa or

5) upon revocation of a visa.

(2) The validity of a single-entry long-stay visa expires:

1) upon the expiry of the period of validity of a visa;

2) upon termination of the period of stay unless the period of validity of a visa expires earlier;

3) when a foreign national leaves Estonia;

4) upon annulment of a visa;

5) upon revocation of a visa;

6) upon the issue of a residence permit by a competent Estonian agency.

§ 73. Expiry of validity of multiple-entry visa

(1) The validity of a multiple-entry short-stay visa and an airport transit visa expires:

1) upon the expiry of the period of validity of a visa;

2) upon expiry of the period of stay determined by a visa after all the entries into the territory of the member states of the Schengen Convention or into the airport transit zone permitted to a foreign national by the visa are used, unless the period of validity of the visa expires earlier;

3) upon expiry of the period of stay determined by a visa after all the entries into the territory of the member states of the Schengen Convention or into the airport transit zone permitted to a foreign national by the visa are used unless a foreign national departs from the territory of the member states of the Schengen Convention or the airport transit zone earlier;

4) upon departure of a foreign national from the territory of the member states of the Schengen Convention or the airport transit zone after all the entries into the territory of the member states of the Schengen Convention or into the airport transit zone permitted to a foreign national by a visa are used unless the period of stay or period of validity expires earlier;

5) upon annulment of a visa;

6) upon revocation of a visa.

(2) The validity of a multiple-entry long-stay visa expires:

1) upon the expiry of the period of validity of a visa;

2) upon expiry of the period of stay determined by a visa after all the entries into Estonia permitted to a foreign national by the visa are used unless the period of validity of the visa expires earlier;

3) upon expiry of the period of stay determined by a visa after all the entries into Estonia permitted to a foreign national by the visa are used unless a foreign national departs from Estonia earlier;

4) upon departure of a foreign national from Estonia after all the entries into Estonia permitted to a foreign national by a visa are used unless the period of stay or period of validity expires earlier;

5) upon annulment of a visa;

6) upon revocation of a visa;

7) upon the issue of a residence permit by a competent Estonian agency.

§ 74. Obligation of foreign national to leave territory of member states of Schengen Convention, Estonia and airport transit zone

A foreign national is required to leave the territory of the member states of the Schengen Convention, Estonia or the airport transit zone at the latest before the expiry of the validity of visa.

§ 75. Annulment and revocation of visa

The annulment and revocation of a visa for the purposes of the Visa Code is revocation of a visa for the purposes of the Administrative Procedure Act.

§ 76. Annulment of visa

(1) The annulment of a visa for the purposes of the Visa Code and this Act is revocation of a visa retroactively from the beginning.

(2) A visa shall be annulled when it becomes evident that the conditions of granting a visa had not been met during the time of granting the visa.

§ 77. Revocation of visa

(1) The revocation of a visa for the purposes of the Visa Code and this Act is revocation of a visa prospectively from the moment of making the decision.

(2) A visa shall be annulled when it becomes evident that the conditions necessary for the issue of a visa are no longer satisfied.

§ 78. Grounds for annulment and revocation of visa

(1) A short-stay visa and an airport transit visa shall be annulled and revoked on the bases provided for in the Visa Code.

(2) A long-stay visa shall be annulled and revoked if at least one of the following bases exists:

1) a foreign national does not hold a valid travel document;

2) the travel document of a foreign national or the entries therein are falsified;

3) there is reason to believe that the alleged purpose of the travel of a foreign national does not correspond to the actual purpose;

4) a foreign national lacks the sufficient means of subsistence taking into consideration the duration and nature of the stay in Estonia, or the funds necessary to cover the costs relating to his or her return to the country of origin or the transit country;

5) a prohibition on entry which is applied by Estonia or the Schengen prohibition on entry which is applied by a member state belonging to the uniform visa area of the European Union and an alert has been entered into the Schengen Information System pursuant to the Schengen Convention is valid with regard to a foreign national;

6) a foreign national may constitute a threat to public order, national security, international relations or public health and

7) there is reason to doubt the authenticity of the supplementary documents provided by a foreign national or the correctness of their contents, the trustworthiness of a foreign national’s statements or his or her intention to leave Estonia before the expiry of the period of validity of a long-stay visa;

8) a foreign national has submitted a request therefor;

9) the main reason for the stay in Estonia of a foreign national is employment and his or her employment contract or other contract or activity, where obtaining gain or any other proprietary benefit can be presumed, expires or has expired;

10) there are reasonable grounds to doubt the reliability of the employer, educational institution, internship provider or other person to whom the foreign national comes;

11) there is a circumstance which is the basis for refusal to issue a visa or to extend the period of stay specified in the visa.

§ 79. Reasoning of annulment and revocation of visa

(1) Upon annulment and revocation of a visa a foreign national shall be notified of the legal basis for annulment and revocation.

(2) The reasons for annulment and revocation of a visa or the facts related thereto shall not be disclosed to a foreign national or any other person.

§ 80. Obligation to leave of foreign national

(1) Upon annulment or revocation of a visa, a foreign national staying in the territory of the member states of the Schengen Convention is obliged to immediately leave the territory of the member states of the Schengen Convention unless a foreign national has a legal basis for the temporary stay or residence in the state.

(2) The obligation to leave provided in subsection 1 of this section may become immediately subject to compulsory execution pursuant to the procedure provided for by the Obligation to Leave and Prohibition on Entry Act.

§ 81. Competence for issue of visa at foreign mission of Estonia

A consular officer at a foreign mission of Estonia shall decide on the issue of a visa or the refusal to issue a visa.

§ 82. Coordination of issue of visa

(1) A consular officer is required to coordinate the issue of a visa with the authorities designated by the minister in charge of the policy sector.

(1¹) The Police and Border Guard Board are required to coordinate the issue of a visa in Estonia with an agency designated by the minister in charge of the policy sector.

(2) If an agency designated by the minister in charge of the policy sector refuses to approve the issue of a visa, a consular officer or the Police and Border Guard Board shall substantiate their decision in the visa register upon the issue of the visa.

(3) Information concerning coordination of the issue of a visa shall not be disclosed to a foreign national or any other person.

(4) The coordination of the issue of a visa is arranged via the visa register.

(5) In cases provided by the legislation of the European Union the issue of a visa shall be coordinated with the member states of the Schengen Convention.

§ 82¹. Competence for issue of visa in Estonia

The Police and Border Guard Board shall make a decision on the issue of or refusal to issue a visa in Estonia.

§ 83. Competence for issue of visa at border checkpoint

The Police and Border Guard Board shall make a decision on the issue of or refusal to issue a visa to a foreign national at a border checkpoint in exceptional cases.

§ 84. Competence for extension of period of stay

The Police and Border Guard Board shall make a decision on the extension of or refusal to extend the period of stay.

§ 85. Competence regarding annulment of visa

(1) The annulment of a visa shall be decided by the Ministry of Foreign Affairs, the Police and Border Guard Board or the Estonian Internal Security Service.

(2) The annulment of a visa of a foreign national who entered into the territory of the Estonian border, transit zone or temporary control line shall be decided by the Police and Border Guard Board.

§ 86. Competence regarding revocation of visa

The Ministry of Foreign Affairs, the Police and Border Guard Board or the Estonian Internal Security Service shall revoke a visa.

§ 87. Competence for deciding on exceptions to visa requirements and exemptions from visa requirements

The Government of the Republic may decide by an order to make an exception to the visa requirement and to waive the visa requirement in accordance with Regulation (EU) 2018/1806 of the European Parliament and of the Council, which lists the third countries whose nationals must be in possession of visas when crossing the external borders and those third countries whose nationals are exempt from that requirement. (OJ L 303, 28.11.2018, pp 39–58).

§ 88. Competence for conclusion of agreements relating to representation

The Government of the Republic may conclude agreements with foreign states on visa matters relating to the representation of the Republic of Estonia.

§ 89. Application for visa

(1) A foreign national shall submit his or her visa application to obtain a visa.

(2) A foreign national of at least 15 years of age residing permanently in a foreign country may independently submit his or her visa application. Upon submission of the visa application independently, an administrative authority may demand a notarially authenticated consent of the legal representative.

§ 90. Application for visa at foreign mission of Estonia

(1) The provisions of the Visa Code apply to application for a short-stay visa and an airport transit visa at a foreign mission of Estonia.

(2) A foreign national shall submit an application for a long-stay visa at a foreign mission of Estonia in person.

(3) A foreign national may send a long-stay visa application to a foreign mission of Estonia by mail, electronically or through a representative if he or she has been fingerprinted in the proceedings for visa or the extension of the period of stay and the fingerprints taken enable to identify the person and comply with the requirements established on the basis of clauses 5–7 of subsection 1 of § 101 of this Act.

§ 91. Application for visa at foreign mission of member state of the Schengen Convention

(1) A foreign national may submit a visa application for the issue of a short-stay visa and an airport transit visa to the foreign mission of a member state of the Schengen Convention if the Government of the Republic has concluded an agreement with this state on representing the Republic of Estonia in visa matters.

(2) The provisions of the Visa Code are applied with regard to the submission of an application for the issue of a short-stay visa or an airport transit visa at a foreign mission of a member state of the Schengen Convention.

§ 92. Application for visa at border checkpoint

The provisions of the Visa code are applied upon application of a short-stay visa at a border checkpoint.

§ 93. Application for extension of period of stay

(1) In order to apply for the extension of the period of stay an application for the extension of the period of stay shall be submitted.

(2) In order to apply for the extension of the period of stay, a foreign national is required to appear at the Police and Border Guard Board in person.

(3) A foreign national may submit an application for the extension of the period of stay to the Police and Border Guard Board by mail, electronically or through a representative if he or she has been fingerprinted in the proceedings for visa or the extension of the period of stay and the fingerprints taken enable to identify the person and comply with the requirements established on the basis of clauses 5–7 of subsection 1 of § 101 of this Act.

§ 95. Specifications of visa application proceedings

(2) Subsection 2 of § 41 of this Act does not apply to the state fees to be paid for the review of a visa application.

§ 96. Transfer of functions related to visa application proceeding to private legal entity

(1) The Ministry of Foreign Affairs may transfer the function related to the proceeding of a visa application on the basis of an administrative contract to a private legal entity that complies with the requirements established for an external service provider provided in the Visa Code.

(2) In the case of long-stay visa proceedings the functions provided in §§ 81, 82, 85 and 86, subsection 3 of § 90, subsection 2 of § 97 or Subdivision 4 of this Division may not be transferred.

(3) In the case of short-stay visa proceedings the functions may be transferred the transfer of which to an external service provider is allowed by the Visa Code

(4) A fee may be charged for the performance of the function related to the receiving of a visa application, taking biometric identifiers and the issue of a reply to the visa application. The applicant for visa shall have the obligation to pay the fee.

(5) The amount of the fee is agreed upon for at least one year by the administrative contract entered into with the Ministry of Foreign Affairs. Upon determining the fee, account is taken of the justified expenses which are related to the arrangement of the proceedings of the application for visa and forwarding the documents, and the reasonable business profit.

(6) The Ministry of Foreign Affairs shall exercise supervision over the compliance with the administrative contract.

§ 97. Refusal to review visa application and application for extension of period of stay

(1) An application for a short stay visa or an airport transit visa shall not be reviewed pursuant to the bases provided in the Visa Code.

(2) An application for a long-stay visa and application for the extension of the period of stay shall not be reviewed if a foreign national withdraws the application, the Police and Border Guard Board have given an assessment of the unreliability of the sponsor of the foreign national on the basis of subsection 1 of § 40² of this Act or there are other grounds for refusal to review the application, which are provided in the Administrative Procedure Act.

(3) An application for a long-stay visa and extension of the period of stay may be dismissed as long as the foreign national is an applicant for international protection for the purposes of the Act on Granting International Protection to Foreign Nationals.

§ 98. Formalisation of issue of visa

(1) The issue of a visa shall be formalised by entry of a visa-sticker in the travel document of a foreign national or on a loose-leaf of the travel document.

(2) The issue of a visa shall be formalised on a loose-leaf of the travel document of a foreign national if this travel document is not recognized in Estonia.

§ 99. Formalisation of extension of period of stay

(1) The extension of the period of stay shall be formalised by entry of a visa-sticker in the travel document or on a loose-leaf of the travel document of a foreign national.

(2) The extension of the period of stay shall be formalised on a loose-leaf of the travel document of a foreign national if this travel document is not recognized in Estonia.

(3) In order to formalise the extension of the period of stay, a foreign national or his or her representative shall appear in person before an administrative authority.

§ 99¹. Formalisation of right to stay arising from expiry of period of validity of temporary residence permit

(1) The right to stay in Estonia arising from the expiry of the period of validity of the temporary residence permit may be formalised as a long-stay visa.

(2) In order to formalise the right to stay arising from the expiry of the period of validity of the temporary residence permit a foreign national or his or her representative is required to appear at the Police and Border Guard Board in person.

§ 100¹. Contestation of decision on refusal to issue visa, annulment of visa, revocation of visa and refusal to extend period of stay

(1) In the decision on refusal to issue a visa, annulment of a visa, revocation of a visa and refusal to extend a period of stay (hereinafter collectively in this Division decision) a foreign national is notified of the possibility, place, term and procedure of the contestation of the decision.

(2) A foreign national may submit a challenge against the decision (hereinafter in this Division a challenge) within ten days as of the date of notification of the decision.

(3) The term for submission a challenge is not restored.

(4) In case, after the submission of a challenge a foreign national submits an application for a visa or an application for the extension of the period of stay permitted on the legal basis for a temporary stay, the application is dismissed until a final decision on the challenge has been made (hereinafter in this Division a challenge decision).

§ 100². Legal status of foreign national who submitted challenge

The submission of a challenge does not constitute a basis for the entry into and continued stay in the territory of a Member Sates of the Schengen Convention and does not postpone the performance of the obligation of a foreign national to leave the territory of the member state.

§ 100³. Submission of challenge and elimination of deficiencies

(1) A foreign national submits a challenge in writing:

1) at the seat of the challenge reviewer;

2) by mail or

3) electronically.

(2) A challenge is submitted in accordance with the procedure established based on clause 9 of subsection 1 of § 101 of this Act.

(3) In case the challenge does not comply with the requirements of the procedure established based on clause 9 of subsection 1 of § 101 of this Act, the challenge reviewer:

1) grants the foreign national a time limit for elimination of the deficiency;

2) explains that in case a foreign national fails to eliminate the deficiency within the time limit, the challenge reviewer may dismiss the challenge.

(4) In case a foreign national eliminates the deficiency within the time limit, the challenge is deemed to have been submitted within the time limit. In case the foreign national fails to eliminate the deficiency in the challenge within the time limit, the challenge reviewer may dismiss the challenge, notifying the foreign national thereof.

(5) The time limit for the review of the challenge is suspended until the foreign national has eliminated the deficiency.

§ 100⁴. Jurisdiction of challenge

(1) In case the decision has been made by the Police and Border Guard Board, the challenge is submitted for review to the Police and Border Guard Board.

(2) In case the decision on refusal to issue a visa, annulment of a visa or revocation of a visa has been made by the Estonian foreign mission, the challenge is submitted for review to the Ministry of Foreign Affairs, unless otherwise provided by an international agreement.

(3) In case the decision on annulment of a visa or revocation of a visa has been made by the Estonian Internal Security Service, the challenge is submitted for review to the Estonian Ministry of Foreign Affairs.

(4) In case the decision to refuse to issue a visa is based on the fact that the authority designated by the minister in charge of the policy sector did not approve the issue of the visa, the reviewer of the challenge involves in the review of the challenge the authority which:

1) verifies a failure to coordinate the issue of a visa;

2) where necessary, coordinates the issue of a visa.

(5) In case an agency within the area of government of the Ministry of the Interior designated by the minister in charge of the policy sector has not coordinated the issue of a visa because there was a ground for refusal to issue a visa to ensure national security as provided in clause 6 of subsection 2 of § 65 of this Act or in subclause vi of clause a of subsection 1 of Article 32 of the Visa Code, the challenge reviewer involves the Ministry of the Interior in the review of the challenge.

§ 100⁵. Review of challenge

(1) Upon examination of the challenge, the following is examined:

1) the challenge reviewer verifies the legality and expediency of the decision;

2) the authority involved under subsection 4 or 5 of § 100⁴ of this Act verifies the legality and expediency of the decision not to coordinate the issue of a visa.

(2) An authority involved under subsection 4 or 5 of § 100⁴ of this Act submits to the challenge reviewer:

1) the reasons for not coordinating the issue of a visa, or

2) the reasons for coordinating the issue of a visa in case, after verification of a failure to coordinate the issue of a visa, the reviewing authority coordinates the issue of the visa.

§ 100⁶. Authority of challenge reviewer

(1) The Police and Border Guard Board may, by a challenge decision:

1) grant the challenge, declare the decision invalid and make a new decision;

2) reject the challenge;

3) dismiss the challenge.

(2) The Ministry of Foreign Affairs may, by a challenge decision:

1) grant the challenge and declare the decision on refusal to issue a visa, annulment of a visa or revocation of a visa invalid and order the Estonian mission abroad to review the matter;

2) reject the challenge;

3) dismiss the challenge.

(3) The Estonian Internal Security Service may, by a challenge decision:

1) grant the challenge and declare the decision on annulment of a visa or revocation of a visa invalid;

2) reject the challenge;

3) dismiss the challenge.

§ 100⁷. Justification of challenge decision

(1) A challenge decision is not substantiated.

(2) A foreign national or any other person is not notified of the facts based on which the challenge decision is made, of the reason for making the challenge decision or the information related thereto.

§ 100⁸. Notification of challenge decision

A challenge decision is communicated to a foreign national, using the contact details provided in the challenge.

§ 100²⁰. Filing of appeal against decision and challenge decision with administrative court

(1) A foreign national may file an appeal with an administrative court against a decision and a challenge decision based on and in accordance with the procedure provided in the Code of Administrative Court Procedure, in case they have previously filed a challenge, and it has been rejected.

(2) An appeal may be filed with an administrative court against a decision and a challenge decision within ten days as of the date of notification of the challenge decision.

§ 100²¹. Right to stay in the country of foreign national who has filed an appeal against decision or challenge decision

The filing of an appeal against a decision or a challenge decision with an administrative court or its processing does not constitute a basis for the entry into or stay of a foreign national in the territory of a Member State of the Schengen Convention, nor does it postpone the performance of the obligation to leave.

§ 101. Organisation of visa affairs

(1) The minister in charge of the policy sector in coordination with the Minister of Foreign Affairs shall establish by a regulation the following:

1) the list and requirements for submission of the information to be provided upon application for issue of a long-stay visa and the extension of the period of stay and of the evidence to be appended to the application;

2) the terms for the issue and refusal to issue of a visa, for the extension of and refusal to extend the period of stay, the premature termination of the period of stay and for the annulment and revocation of a visa;

3) the procedure and terms for the grant of approval upon making decisions on the issue of visas;

4) the rate of funds which are sufficient to cover for the expenses of application for and holding of a visa;

5) the procedure for taking fingerprints of a foreign national who applies for issue of a visa or extension of the period of stay;

6) the minimum age limit under which the fingerprints of a person are not captured in long-stay visa proceedings;

7) a list of other persons or categories of persons whose fingerprints are not captured in the long-stay visa proceedings and

8) a list of authorities competent to process the VIS data in the visa information system established on the basis of Regulation (EC) No 767/2008 of the European Parliament and of the Council regarding the information exchange between the visa information system (VIS) and the member states relating to short-stay visas (VIS Regulation)(OJ L 218, 13.08.2008, pp. 60–81);

9) the procedure for submission of a challenge against a decision on refusal to issue a visa, annulment of a visa, revocation of a visa, refusal to extend the period of stay and premature termination of the period of stay, the list of information to be submitted in the challenge and the list of documents to be appended to the challenge, the form of the challenge and the deadline for reviewing the challenge.

(2) The minister in charge of the policy sector shall establish by a regulation:

1) a format for the list of students who are third-country nationals residing in a member state of the European Union and are participating in school trips, and the procedure for the completion and the guidelines for using thereof;

(3) The minister in charge of the policy sector shall establish by a regulation:

1) the terms for submission of an application for the extension of the period of stay;

2) a list of agencies which are competent to approve the issue of a visa;

3) a list of national notations entered in the data field of a visa sticker “COMMENTS”;

4) the requirements for the completion of an application for formalisation as a long-stay visa of the right to stay arising from the expiry of the period of validity of the temporary residence permit and the list and requirements for submission of the data, which are necessary for the establishment of identity and making the decision, to be submitted upon application;

5) the requirements and procedure for assessment of the compliance with the specifications of a start-up company or growth company upon application for a visa, the list of data and evidence to be submitted for that purpose and the requirements for the submission thereof.

(4) The minister in charge of the policy sector may establish by a regulation a list of authorities competent to organise the exchange of information relating to the uniform visa that is issued by a competent authority of a member state of the Schengen Convention.

(5) The minister in charge of the policy sector shall establish by a regulation the terms for submission of an application for the long-stay visa.

(6) The minister in charge of the policy sector may establish by a regulation the terms and conditions and procedure for the assessment of compliance with the definition of a location-independent employee, the list of information and evidence to be submitted therefor and the requirements for submission of them.

§ 102. Visa register

(1) The Visa Register is established by the Government of the Republic of Estonia and the statutes thereof shall be established by a regulation of the minister in charge of the policy sector.

(2) The purpose of maintaining the visa register is to ensure public order and national security through processing data of the legal bases and conditions of a temporary stay in Estonia of foreign nationals.

(3) For the purpose of maintaining the visa register and performing the tasks provided in the legislation, international agreement, law or regulation of the European Union, the following data are processed with regard to the procedure for the issue of a visa, revocation and annulment of a visa, as well as the procedure for the extension of the period of stay and early termination of a visa:

1) general data of the foreign national;

2) patronymic, place of birth and data of the identity document of the foreign national;

3) biometric data of the foreign national or data on the impossibility of taking biometric data;

4) marital status data of the foreign national;

5) data on the education and study of the foreign national;

6) data on the employment and business activities of the foreign national;

7) biographical data of the foreign national;

8) data on the health status of the foreign national;

9) data on the criminal conviction of the foreign national;

10) general data of the foreign national's representative, data on the right of representation and data on the identity document;

11) type of visa, country of destination, data on the planned stay or transit in the country of destination and data on the entry permit;

12) data on visas and residence permits issued within the last five years;

13) data on previous stays in Estonia and another Schengen Convention Member State and data on the extensions of the period of stay;

14) data on the permit of return to the country of residence;

15) information on travel and accommodation expenses and legal income;

16) general information on the person being visited;

17) general information and place of birth of a family member and close relative of the foreign national and relationship to the foreign national;

18) marital status data of the spouse or registered partner of the foreign national;

19) data on the service and employment of the foreign national in the military service, armed forces, as an active serviceman in the armed forces or in the intelligence or security service, data on participation in a military operation outside Estonia, and data on service and employment in a state or non-state armed organization or unit;

20) data on the membership of the foreign national in a criminal or terrorist organization or extremist group, data on staying in an area under the control of a terrorist organization or extremist group, data on the contact with a firearm or explosive material, and data on the commission of a crime against humanity or a war crime;

21) data on the procedural act and data on the decision and its contestation;

(3¹) Upon identification of a person and verification of the identity of the person for the purposes of § 15⁵ of the Identity Documents Act, the person’s identity data entered in the visa register may be processed.

(4) In private and public legal relations, the data of the visa register regarding the administrative acts issued and acts executed in the proceedings specified in subsection 3 of this section may be taken as a basis for the existence of the data regarding the legal basis of the temporary stay, residence and employment in Estonia of a foreign national and of the conditions of the temporary stay, residence and employment in Estonia.

(5) The data processed in the visa register are not public unless otherwise provided in this Act.

(6) The Police and Border Guard Board may enable verification of the validity of a visa on its public web page without disclosing the personal data of a foreign national thereby.

(7) The Visa Register is connected to the joint Visa Information System of the European Union according to the legislation of the European Union

(8) The joint controllers of the visa register are the Police and Border Guard Board, the Estonian Internal Security Service and the Ministry of Foreign Affairs.

(9) The statutes of the visa register provide the procedure for maintaining the vsa register, including:

1) data providers and the data received from them;

2) more detailed data composition;

3) data exchange between databases;

4) tasks of joint processors;

5) the authorized processor and its tasks;

6) the procedure for granting access to data and issuing data;

7) more precise deadlines for data retention;

8) other organizational issues.

(9¹) Data in the visa register are retained for a maximum of 60 years. More precise deadlines for data retention are provided in the statutes of the register.

(10) Biometric data processed for the purpose of identifying a person or verifying their identity are deleted from the visa register immediately after the performance of the comparative study.

§ 103. Organisation of exchange of information relating to uniform visa

The exchange of information relating to a uniform visa issued by a competent governmental authority of a member state of the Schengen Convention is organised, according to the competence, by the Ministry of the Interior or by an agency within the area of government of the Ministry of the Interior assigned by the minister in charge of the policy sector and the Ministry of Foreign Affairs.

§ 104. Legal bases for employment in Estonia of foreign national staying temporarily in Estonia

(1) A foreign national who is staying temporarily in Estonia may work in Estonia if his or her employer has registered his or her short-term employment in the Police and Border Guard Board or his or her right to work in Estonia arises directly from the law or a treaty ratified by the Riigikogu.

(2) A foreign national who is staying temporarily in Estonia is prohibited to take employment in Estonia if his or her employer has failed to register his or her short-term employment in the Police and Border Guard Board except in the cases prescribed in a treaty ratified by the Riigikogu or in the cases prescribed by law.

(3) A foreign national who is staying in Estonia without a legal basis, including who has been imposed an obligation to leave Estonia by an administrative Act or judicial decision, is prohibited to take employment in Estonia.

§ 105. Right to work in Estonia arising from law

(1) A foreign national who is a prisoner or a person in detention or custody and is staying in a custodial institution in Estonia is allowed to work in Estonia in the course of the period of stay in the custodial institution.

(2) A foreign national who is a member of a locomotive crew, or belongs to the service personnel of a locomotive or train, or is a driver of a motor vehicle engaged in the carriage of passengers or goods involving the crossing of the national border, or a member of an aircraft crew is permitted to work in Estonia although the foreign national does not have a residence in Estonia and his or her employer does not have a permanent establishment of the undertaking in Estonia but a legal basis exists for the temporary stay in Estonia of a foreign national.

(2¹) A foreign national is permitted to work on a sea-going ship sailing under the Estonian national flag, except on a passenger ship that makes regular international voyages from an Estonian port in case the ship has entered an Estonian port up to 25 times during the last 365 days.

(2²) A foreign national is permitted to work on a passenger ship sailing under the national flag of Estonia, which makes regular international voyages from an Estonian port, provided that the foreign national is paid remuneration that is at least equal to the salary rate agreed in the collective agreement for the corresponding post.

(2³) In case the entrepreneur has not entered into the collective agreement specified in subsection 2² of this section, a foreign national must be paid the average wage of the post corresponding to the salary rate agreed in the collective agreements of the shipping sector.

(2⁴) Foreign nationals who are crew members of ships making local coastal voyages do not have the right to work on a seagoing ship sailing under the national flag of Estonia arising from law provided in subsections 2¹–2³ of this section.

(3) A foreign national who has a legal basis for a temporary stay in Estonia may be permitted to stay in Estonia for the purpose of performing management or supervisory functions of a legal entity or a branch of a foreign company entered in the Estonian commercial register during the period of their temporary stay.

(4) A foreign national may take employment in Estonia without a residence permit issued for employment if he or she:

2) is a journalist accredited by the Ministry of Foreign Affairs and has a legal basis for the stay in Estonia;

3) who has a legal basis for the stay in Estonia, whose employment is of temporary nature and whose term of employment does not exceed five days within the period of 30 days;

4) who has the right to stay in Estonia arising from the expiry of the period of validity of the temporary residence permit;

5) has a long-stay visa or residence permit for the purposes of studies issued by a competent authority of a member state of the Schengen Convention specified in clause 10 of subsection 1 of § 43 of this Act on condition that such employment in Estonia does not interfere with the studies;

6) has a legal basis for the stay in Estonia, specified in clauses 1–4 and 6–8 of subsection 1 of § 43 of this Act who has been admitted to the studies in an educational institution at the fourth or fifth qualification level of vocational training, in professional higher education or Bachelor’s studies, to the studies based on the integrated curricula of Bachelor’s and Master’s studies or Master’s or Doctoral studies, on condition that such employment does not interfere with the studies;

7) has been issued a visa for the stay in Estonia based on § 62⁵ of this Act for the performance of telework and whose performance of work duties complies with the conditions of subsection 2 of the same section;

8) who has a legal basis for staying in Estonia and whose employment is related to the production in Estonia of such an audiovisual work, in accordance with the Copyright Act, which is produced in cooperation between Estonian and foreign film producers and which, according to the confirmation of the Ministry of Culture or the agency authorized thereby, facilitates the development of the Estonian culture and significantly supports the internationalization of Estonia and the international competitiveness of the Estonian film producers, provided that this work does not remain in Estonia and its beneficial owner for the purposes of the Money Laundering and Terrorist Financing Prevention Act is not located in Estonia;

9) who is staying in Estonia based on § 130 of this Act, on condition that they had a temporary residence permit based on clauses 1, 2, 3, 5, 6¹, 6², 7 or 9 of § 118 of this Act;

10) who is staying in Estonia based on § 130 of this Act, provided that they had a temporary residence permit for employment and they continue employment for the employer specified in that residence permit.

(5) A holder of the Blue Card of the European Union from another member state of the European Union may stay in Estonia for up to 90 days during a period of 180 days for the purpose of performing temporary work in the business interests of the employer, which is directly related to the job duties of the holder of the Blue Card of the European Union and involves attending a business meeting, conference or seminar, negotiating a business agreement, sales or marketing activities, exploring a business opportunity or attending training.

§ 106². Obligations of sponsor

(1) An employer and an internship provider with whom the short-term employment of a foreign national was registered shall have the obligations of a sponsor provided for in this Act.

(1¹) If the short-term employment of a foreign national is registered as employment of a posted employee under the conditions provided for in clause 10 of subsection 1² of § 107 of this Act, the obligations of the sponsor apply to the enterprise registered in Estonia to which the foreign national is posted for work.

(2) The obligations of the sponsor terminate for the provider of the internship provided for in subsection 1 of this section if the foreign national is granted a residence permit on another basis or 180 days after termination of the contract entered into with the intern.

§ 106³. Short-term employment in growth company

(1) For the purposes of this Act, a growth company is a company entered in the Estonian commercial register or a branch of a foreign company entered in the Estonian commercial register that is growing its activities, the purpose of which is further development of such a technology-based, innovative and replicable business model with high global growth potential, which significantly contributes to the development of the Estonian business environment, and which complies with the following conditions:

1) has been operating for at least ten years;

2) at least 50 employees work in Estonia;

3) has paid labour taxes in Estonia in the last year for at least one million euros.

§ 107. Requirements set to remuneration to be paid

(1) An employer is obliged to pay a foreign national whose short-term employment in Estonia has been registered a remuneration in the amount equal to at least the annual average gross monthly salary last published by Statistics Estonia.

(1¹) In the case specified in clause 3 of subsection 1⁴ of § 106 of this Act an employer is obliged to pay a foreign national whose short-term employment in Estonia has been registered, a remuneration in the amount at least equal to the annual average gross monthly salary and wages last published by Statistics Estonia, multiplied by a coefficient of 1.5.

(1²) The requirement to pay remuneration provided for in subsection 1 of this section shall not be applied in the following cases:

1) employment in a performing arts institution as person engaged in creative activities for the purposes of the Performing Arts Institutions Act;

2) employment as a teacher in Estonia in an educational institution which complies with the requirements established by legislation;

3) research work if a foreign national has appropriate professional training or experience therefor, or for employment as an academic staff member in Estonia in an educational institution which complies with the requirements established by legislation;

4) employment in the professional activities in the capacity of a sportsman, coach, referee or sports official by summons of a respective sports federation;

5) employment for the purposes of practical training;

6) employment within the framework of a youth project or program if the youth project or program is recognised by the Ministry of Education and Research;

7) employment as service personnel of a foreign mission with the approval of the Ministry of Foreign Affairs;

8) a foreign national who is a minister of religion, nun or monk, who is invited to Estonia by a religious association and this invitation has been approved by of the Ministry of the Interior;

9) a foreign national is entitled to the right of employment in Estonia arising from a treaty without holding a special permit therefor;

10) a foreign national is a posted worker for the purposes of the Working Conditions of Workers Posted in Estonia Act;

11) employment as a seasonal worker.

12) employment in a start-up company;

14) employment for the purposes of the provision of service in the case specified in subsection 17 of § 106 of this Act.

(1³) In the case specified in § 106³ of this Act, an employer is required to pay the foreign national, whose short-term employment in Estonia is registered, remuneration in the amount of at least 80 per cent of the Estonian average annual gross monthly salary last published by Statistics Estonia.

(3) Remuneration paid to a foreign national shall be, until the end of the short-term employment, in compliance with the data last published by Statistics Estonia during the application for registration of short-term employment.

(3¹) As a specification to the provisions of subsection 1 of this section, a company located outside a member state of the European Union with which a foreign national has entered into an employment contract may also pay the remuneration provided for in this Act to a foreign national whose short-term employment is registered on the basis of subsection 13 of § 106 of this Act as an employment of an intra-corporate transferee.

(3²) As a specification to subsection 1 of this section, the employer is required to pay the fee prescribed in subsections 2² and 2³ of § 105 of this Act to a foreign national who has been granted a residence permit to work on a ship sailing under the national flag of Estonia on international sea voyages.

(4) The Tax and Customs Board shall provide, at the request of the Police and Border Guard Board, the data regarding the remuneration paid to a foreign national.

§ 107¹. Legal effect of registration of short-term employment in Estonia

(1) In case an employer has submitted an application to the Police and Border Guard Board for registration of the short-term employment of a foreign national in Estonia, the short-term employment of a foreign national in Estonia is legal until the decision is adopted with regard to the application in the following cases:

1) in the cases specified in subsections 1⁴, 13 and 17 of § 106 of this Act an in § 106³;

2) employment as a seasonal worker under the conditions provided for in subsection 10 of § 106 of this Act if the foreign national has worked in Estonian as a seasonal worker for the last five years and his or her registration of short-term employment has not been revoked pursuant to the provisions of § 109 of this Act.

(2) In the cases not specified in subsection 1 of this section a foreign national may commence employment in Estonia from the same calendar day when the Police and Border Guard Board has made a decision on registration of the short-term employment of the foreign national.

§ 107². Refusal to review application for registration of short-term employment in Estonia

An application for registration of short-term employment in Estonia may be refused if the Police and Border Guard Board has made an assessment of the unreliability of the sponsor of a foreign national on the basis of subsection 1 of § 40² of this Act.

§ 108. Refusal to register short-term employment in Estonia

(1) The registration of the employment in Estonia of a foreign national is refused if:

1) at least one of the conditions which is required for registration of the short-term employment is not complied with;

2) the remuneration of a foreign national does not correspond to the conditions provided for in this Act;

3) a prohibition on entry applies with regard to a foreign national;

3¹) where it is prescribed by the legislation imposing international sanctions or the sanctions of the Government of the Republic;

8) there is doubt that the alleged purpose of the employment of the foreign national in Estonia does not correspond to its actual purpose;

9) a foreign national, employer, user undertaking or host entity has provided false information regarding the facts relevant in the proceedings, has used fraud or has submitted falsified documents.

(1¹) The registration of employment in Estonian of a foreign national may be refused if:

1) and foreign national, his or her employer or user undertaking has violated this Act and his or her his or her criminal record for the specified violence has not expired;

2) the employer or user undertaking has tax arrears and they have not been postponed;

3) the liquidation of the employer or user undertaking has been initiated, the court has accepted the bankruptcy petition filed against the employer or user undertaking and decided to appoint an interim trustee, the employer or user undertaking has been declared bankrupt, the bankruptcy proceedings filed against the employer or user undertaking end with abatement without being declared bankrupt or the employer or user undertaking has no actual economic activity;

4) a prohibition on business has been imposed with regard to a member of the management body, a partner of a general partnership or a general partner of a limited partnership of an employer or user undertaking which is a legal person or with regard to an employer or user undertaking who is a natural person;

5) there is reason to doubt the trustworthiness of a foreign national or his or her employer or user undertaking.

(2) If the employment in Estonia of a foreign national has been registered pursuant to subsection 1 of § 107¹ of this Act and the condition specified in subsection 1⁴, 13 and 17 of § 106 or clause 2 of subsection 1 of § 107¹ of this Act for registration of the short-term employment in Estonia is not met, the Police and Border Guard Board shall, instead of refusal to register short-term employment in Estonia, revoke the registration of the short-term employment of a foreign national pursuant to provisions of § 109 of this Act.

§ 109. Revocation of registration of short-term employment in Estonia

(1) The registration of employment in Estonia of a foreign national shall be revoked if a circumstance specified in subsection 1 of § 108 of this Act that constitutes a basis for the refusal of registration of employment in Estonia becomes evident.

(2) The registration of employment in Estonian of a foreign national may be revoked if a circumstance specified in subsection 1¹ of § 108 of this Act that constitutes a basis for the refusal of registration of employment in Estonia becomes evident.

(3) Subsection 2 of this section shall not be applied is a foreign national is employed in Estonian on the basis of subsection 13 of § 106 of this Act.

(4) The circumstances being the basis for the refusal to register the employment in Estonia specified in clauses 2, 3 and 8 of subsection 1 of § 108 and subsection 1¹ of § 108 shall not be applied if a foreign national is employed in Estonia on the basis of subsection 17 of § 106 of this Act.

§ 109¹. Termination of registration of short-term employment in Estonia

(1) The registration of the short-term employment in Estonia of a foreign national terminates upon the expiry of the temporary basis for their stay, issue of a residence permit, refusal to issue a visa to the foreign national and the foreign national does not have other legal basis for the stay and employment in Estonia or if the employer registers the termination of their employment in the employment register.

(2) Subsection 1 of this section shall not be applied during the review of the application of a foreign national if the foreign national is applying for the extension of the period of stay on the basis of subsection 4¹ or 4² of § 67 of this Act or for a long-stay visa on the basis of § 91¹ of this Act.

§ 110. Organisation of short-term employment in Estonia

(1) The minister in charge of the policy sector shall establish by a regulation the procedure and terms for registration of short-term employment in Estonia and the list of information to be presented in the application and of evidence to be appended to the application.

(1¹) The requirements set to private management companies specified in subsection 5 of § 106 of this Act or the list of private management companies shall be established by a regulation of the minister in charge of the policy sector.

(1²) The minister in charge of the policy sector establishes by a regulation the requirements and procedure for assessment of the compliance with the specification of a start-up company or a growth company upon registration of short-term employment and the list of data and evidence to be submitted for that purpose and the requirements for submission thereof.

(2) A visa that is issued for short-term employment in Estonia shall be formalised as a short stay or long-stay visa.

(3) The requirements for seasonal work and the list of the areas of activity dependent on a season shall be established by the regulation of the Government of the Republic.

§ 111. Database of registration of short-term employment of foreign national in Estonia

(1) The database of registering short-term employment of foreign nationals in Estonia (hereinafter in this section database) is established by the Government of the Republic and the statutes of the database are established by a regulation of the minister in charge of the policy sector.

(2) The objective of the maintenance of the database is to ensure public order and national security through processing data of the legal bases and conditions of short-term employment of foreign nationals in Estonia.

(3) For the purpose of maintaining the database and performing the task provided in the European Union legislation, international agreement, law or regulation, the following data are processed regarding the procedure for registering a short-term employment of a foreign national in Estonia and its revocation:

1) general data of the foreign national;

2) place of birth of the foreign national, data of the identity document and data of the risk profile;

3) biometric data of the foreign national or data on the impossibility of taking biometric data;

4) biographical data of the foreign national;

5) data on the employment and business of the foreign national;

6) data on the foreign national's accommodation and maintenance of the foreign national;

7) data on the foreign national's health insurance contract of the foreign national;

8) data on the visa, residence permit, right of residence or other permit or status for staying in Estonia of the foreign national;

9) religious affiliation of the foreign national, in case they start working as a minister of religion, nun or monk;

10) general data and risk profile data on the employer or other person to whom the foreign national comes;

11) general information and information on the right of representation of the employer's representative;

12) information on the procedural act and information on the decision and its contestation;

(3¹) Upon identification of a person and verification of a person's identity within the meaning of § 15⁵ of the Identity Documents Act, the person's identity data entered in the database may be processed.

(4) In private and public legal relationships, the data of the database regarding the administrative acts issued and the acts performed in the course of the proceedings specified in 3 of this section may be taken as a basis for the data of the existence of the legal basis of the employment of a foreign national in Estonia and of the conditions of employment in Estonia.

(4¹) The controller of the database is the Police and Border Guard Board.

(4²) The statutes of the database provide the procedure for maintaining the database, including:

1) data providers and data received from them;

2) more detailed data composition;

3) data exchange between databases;

4) tasks of the controller;

5) authorized processor and its tasks;

6) procedure for granting access to data and issuing data;

7) more precise deadlines for data retention;

8) other organizational issues.

(4³) Biometric data processed for the purpose of identification of a person or verification of a person’s identity shall be deleted from the database immediately after the performance of a comparative study.

(4⁴) The data in the database are retained for a maximum of 25 years. More precise deadlines for data retention are provided in the statutes of the database.

(5) The data processed d in the database shall not be public unless otherwise provided for in this Act.

(6) The Police and Border Guard Board may enable verification of the validity of the registration of short-term employment in Estonia on the public web page without disclosing the personal data of a foreign national thereby.

§ 111¹. Non-compliance levy for failure to comply with obligation to register employment in Estonia

(1) If the employer has not registered the short-term employment of a foreign national in the case specified in subsection 17 of § 106 of this Act, the Police and Border Guard Board may appoint a new term for registration and give a warning that a non-compliance levy may be applied in the case of a failure to register short-term employment.

(2) If the employer has not complied with the obligation imposed by an administrative act by the due term set out in the warning, he or she is required to pay the non-compliance levy set out in the warning. The Police and Border Guard Board shall present the claim for non-compliance levy to the obligated person by an order, shall determine the due date for payment and give a warning that in the case of a failure to pay the non-compliance levy within the time limit, the claim shall be compulsorily enforced pursuant to the procedure provided in the Code of Enforcement Procedure.

(3) To enforce performance of the registration of the short-term employment the non-compliance levy may not be over 3,300 euros, thereby it may not exceed 1,300 euros for the first event and 2,000 euros in the second event.

(4) The Police and Border Guard Board may submit to a foreign state a request for notification of a non-compliance levy if the employer has not complied with the claim for non-compliance levy, the performance thereof in Estonia is impossible and the due date for the contestation thereof has expired.

§ 112. Temporary residence permit

A temporary residence permit is a permit issued to a foreign national for settling and living in Estonia in compliance with the conditions provided for in this Act and specified with the residence permit.

§ 113. Immigration quota

(1) The immigration quota limits the number of foreign nationals who can settle in Estonia.

(2) The annual immigration quota is the quota for foreign nationals immigrating to Estonia, which shall not exceed 0.1 per cent of the permanent population of Estonia annually.

§ 114. Competence for establishment of immigration quota

(1) The immigration quota is established by a regulation of the Government of the Republic.

(2) Within the limits of the immigration quota, the minister in charge of the policy sector may, by a ruling, establish a distribution of the immigration quota according to the grounds for application and the basis for the issue of a residence permit, as well as the temporal distribution within a year.

§ 115. Calculation of fulfilment of immigration quota

The following persons are not included in calculating the fulfilment of the immigration quota:

1) an Estonian;

2) the spouse or registered partner of an Estonian citizen, an Estonian and a foreign national, who resides in Estonia on the basis of a residence permit, to whom a residence permit is issued to settle with the spouse or registered partner;

3) a minor and adult child, parent and grandparent and a ward of an Estonian citizen, an Estonian and a foreign national, who resides in Estonia on the basis of a residence permit, to whom a residence permit is issued to settle with the close relative;

4) a foreign national who is granted a residence permit for study;

5) a foreign national who is granted residence permit for employment with the purpose of research activities on condition that the foreign national has appropriate professional training and education, or as an academic staff member in Estonia in an educational institution which complies with the requirements established by the legislation;

6) a foreign national who is granted a residence permit for the participation in criminal proceedings;

7) a foreign national to whom the issue of a residence permit is justified and who does not present a threat to the interests of Estonia and who settled in Estonia before 1 July in the year 1990 and has not left to settle in another state after the indicated deadline;

8) a citizen of the United States of America;

9) a citizen of Japan;

9¹) a citizen of the United Kingdom;

10) a foreign national who has been granted the residence permit considering the fulfilment of immigration quota, and who thereafter has not left to settle in another state.

11) a foreign national who has been granted a residence permit for study if he or she is applying for a residence permit on any basis;

12) a foreign national who has been granted a residence permit on the basis specified in clause 2 or 3 of this section if he or she is applying for a residence permit on any basis;

13) a foreign national who is granted a residence permit for settling permanently in Estonia;

13¹) a foreign national who, as a former holder of the Blue Card of the European Union, holds a long-term resident’s residence permit of a member state of the European Union;

14) a foreign national who has been issued a residence permit for employment in a post in the field of speciality of information and communication technology;

15) a foreign national who has been issued a residence permit for employment in a start-up company;

16) a foreign national who has been issued a residence permit for engagement in business related to start-up business;

17) a foreign national who has been issued a residence permit for engagement in enterprise as a large investor.

18) a foreign national who has been issued a temporary residence permit for employment as a top specialist on the basis of clause 3 of subsection 2 of § 181 of this Act.

19) a foreign national who is granted a temporary residence permit for short-term employment on the basis of § 176² of this Act;

20) a foreign national who is granted a residence permit for employment in a growth company.

§ 116. Requirements for issue of temporary residence permit

(1) A foreign national may be issued a temporary residence permit if the conditions of issue of a residence permit have been met and there are no facts which would result in the refusal to issue a residence permit.

(2) The requirements for the issue of a temporary residence permit must continue to be met during the period of validity of the residence permit.

§ 117. Conditions of issue of temporary residence permit

(1) The general conditions of the issue of a temporary residence permit to a foreign national are the following:

1) the purpose of application for the Estonian temporary residence permit is justified;

2) the actual place of residence is Estonia;

3) sufficient legal income which would enable a foreign national and the family members of a foreign national the subsistence in Estonia and;

4) a medical expenses insurance contract in compliance with the requirements provided for in § 120 of this Act unless otherwise provided for in this Act.

(2) The general conditions for the issue of a temporary residence permit must be met for the issue of a residence permit on any basis.

(3) The supplementary conditions for the issue of a temporary residence permit on a specific basis have been provided for in this Act separately.

(4) If the issue of a temporary residence permit on a specific basis does not require that some of the general conditions of the issue of a temporary residence permit be met, it is provided for separately in this Act

§ 118. Bases for issue of temporary residence permit

A temporary residence permit may be issued to a foreign national:

1) to settle with a spouse or registered partner;

2) to settle with a close relative;

3) for study;

4) for employment;

5) for enterprise;

6¹) for participation in criminal proceedings;

6²) in case of substantial national interest.

7) on the basis of a treaty or;

9) for settling permanently in Estonia.

§ 119. Establishment of period of validity of temporary residence permit

(1) A temporary residence permit is issued with the period of validity of up to five years.

(2) The proof of facts that form the basis for the issue of the residence permit or of other relevant facts and the possibility that such facts may change during the period of validity of the residence permit to be issued are taken into account upon determination of the period of validity of a temporary residence permit.

§ 120. Insurance cover

(1) A foreign national who is applying for a residence permit or resides in Estonia is required to enter into the medical expenses insurance contract (hereinafter contract) in compliance with the following conditions:

2) an insured event is a sudden and unpredictable illness or accident which occurs during the period of insurance with a foreign national who has been insured on the basis of the insurance contract (hereinafter in this section insured person);

3) the insurer is required to compensate to the insured person to the extent of the insurance amount for the medically necessary treatment costs arising as a result of an illness or accident and expenses of out-patient examinations, which are made to establish the insured event and prescribe treatment;

4) the insurance amount for the annual period of insurance is at least 6,000 euros;

5) if the parties have agreed on the waiting period for the purposes of subsection 1 of § 558 of the Law of Obligations Act it may not exceed two months;

6) the contract shall enter into force as of the grant of the residence permit and terminate upon the expiry of the period of validity unless the parties have agreed otherwise;

7) the insurance cover is valid in Estonia.

(2) A foreign national is required to have the contract specified in subsection 1 of this section during the whole period of validity of the residence permit.

(3) The contract specified in subsection 1 of this section does not have to cover losses which:

1) are related to a chronic or congenital illness diagnosed before entry into force of this contract, except in the case of extraordinary exacerbation thereof;

2) are related to pregnancy, giving birth and the use of health services, dental services or health services fund related thereto that are not included in the list of health services of the Estonian Health Insurance Fund;

3) arise from a traffic accident and which is compensated for by the insurer of traffic insurance;

4) are usually precluded pursuant to the insurance conditions of the insurers concluding medical expenses insurance contracts due to international insurance and reinsurance practice.

(4) If an insured person becomes an insured person pursuant to the Health Insurance Act or a person considered equal to such person during the period of insurance, the insurer has no obligation to perform the contract to the extent in which the insured person has the right for medical expenses insurance benefit on the basis of the Health Insurance Act.

(5) If an insured person becomes an insured person on the basis of the Health Insurance Act or a person considered equal to such person during the period of insurance, the parties shall have the right to withdraw from the contract as from the creation of the insurance cover on the basis of the Health Insurance Act.

(6) The contract shall be applied the provisions of Chapter 27 of the Law of Obligations Act concerning the medical expenses insurance contract unless otherwise provided for in this section. During the period of validity of the residence permit the provisions of § 559, subsection 1 of § 561 and § 562 of the Law of Obligations Act shall not be applied to the contract.

(7) The requirement for compulsory insurance provided for in this section shall be performed by the health insurance or collective health insurance contract concluded by other person in which a foreign national is noted as an insured person and the insurance cover of medical expenses insurance based thereon is in compliance with the provisions of this section.

(8) If the object of health insurance is another type of health insurance in addition to the medical expenses insurance, that part of the contract shall not be regarded as compulsory insurance for the purposes of the Insurance Activities Act and the provisions of this section shall not be applied thereto.

(9) A foreign national is not required to conclude a contract provided for in this section in the case provided for in a treaty or in the case he or she is a person insured with the compulsory health insurance pursuant to the Health Insurance Act.

§ 121. Registration of place of residence in Population Register

(1) A foreign national is required to register his or her place of residence in the procedure prescribed by the Population Register Act within one month from the date of arrival into Estonia on the basis of the residence permit.

(2) A foreign national who is residing in Estonia during the issue of a residence permit is obliged to register his or her place of residence in the procedure prescribed by the Population Register Act within one month from the date of notification of the decision on the issue of the residence permit.

(3) A foreign national is required to have a place of residence registered in Estonia during the whole period of validity of the residence permit.

(4) The requirement of a registered place of residence shall not be applied to a foreign national during his or her stay in a prison or a custodial institution. A foreign national is obliged to register his or her place of residence within one month after he or she is released from prison or after a departure from the custodial institutions.

§ 121¹. Sending foreign national to participate in adaptation programme

(1) The Police and Border Guard Board refers a foreign national who has been granted a residence permit or whose residence permit has been extended to participate in the adaptation programme.

(2) The Ministry of Culture has the right to notify the person specified in subsection 1 of this section of the obligation to participate in the adaptation programme.

§ 122. Application of bases for refusal to issue temporary residence permit

(1) The issue of a temporary residence permit shall be refused on the bases specified in this Subdivision.

(2) The complementary bases for refusal to issue a temporary residence permit, in addition to the bases for refusal to issue a temporary residence permit specified in this Division, are provided for separately in this Act under the basis for the issue of a respective temporary residence permit.

(3) If the issue of a temporary residence permit is not refused on some of the bases specified in this Subdivision, this is provided for separately in this Act under the basis for the issue of a respective temporary residence permit.

§ 123. General bases for refusal to issue temporary residence permit

The issue of a temporary residence permit shall be refused if:

1) the basis for the issue of a residence permit has ceased to exist;

2) a foreign national does not comply with the requirements for the issue of a temporary residence permit;

3) the application for the issue of a residence permit is not justified;

4) the immigration quota has been fulfilled by the time of making the decision with regard to the application;

5) a person has committed to leaving the Republic of Estonia, has received a dwelling in a foreign state through an international aid programme or has received support for leaving Estonia;

6) it is prescribed by an international sanction or a legislation imposing a sanction of the Government of the Republic.

§ 124. Refusal to issue temporary residence permit for considerations of ensuring public order and national security and protection of public health

(1) The issue of a temporary residence permit may be refused if:

1) there is reason to believe that the entry into or the stay in Estonia of a foreign national may constitute a threat to public order;

2) a circumstance which is the basis for applying the prohibition on entry exists in respect of a foreign national;

3) there is reason to believe that the stay of a foreign national in Estonia may endanger the morality or the rights or interests of other persons;

4) there is reason to believe that the stay of a foreign national in Estonia may constitute a risk to public health;

5) a foreign national has been punished for an offence;

6) a foreign national has violated the conditions regarding the entry into Estonia, temporary stay in Estonia, residence in Estonia, departure from Estonia, employment in Estonia of foreign nationals or crossing the state border or the temporary control line of foreign nationals;

6¹) a foreign national has violated the obligation established in subsection 1 of § 11 or § 74¹ of the Act on Granting International Protection to Foreign Nationals;

7) there is reason to believe that the actual purpose of the application for temporary residence permit of a foreign national does not correspond to the alleged purpose;

8) there is reason to believe that a foreign national shall not depart from Estonia upon the expiry of the basis of stay or;

9) a foreign national has failed to pay for the costs of his or her stay in Estonia or the departure from Estonia.

(2) A temporary residence permit shall not be issued if:

1) a foreign national has submitted falsified documents or false information regarding the relevant matters in the proceeding, including information concerning his or her earlier activity upon application for a visa or a residence permit or work permit or upon application for extension of the residence permit or work permit or upon application for the citizenship of Estonia or for a personal identification document of the Estonian citizen;

2) a foreign national has violated the obligation established in § 11 of this Act;

3) the activity of a foreign national has been directed or is being directed or there is good reason to believe that such activity has been or is being directed against the Estonian state and the security thereof;

4) a foreign national has incited or is inciting or there is good reason to believe that a foreign national has incited or is inciting or may incite national, racial, religious or political hatred or violence;

5) a foreign national has served in a career position in the armed forces of a foreign state, has been assigned to the reserve forces thereof or has retired therefrom;

6) a foreign national is in the active service or in the contractual service of the armed forces of a foreign state;

7) a foreign national has committed a criminal offence for which he or she has been sentenced to imprisonment for a term for more than one year and his or her criminal record has not expired;

8) a foreign national has been repeatedly punished in Estonian for intentionally committed crime against the state and his punishment has not expired;

9) a foreign national has been repeatedly punished pursuant to criminal procedure for intentionally committed criminal offences;

10) there is information about a foreign national or a good reason to believe that he or she belongs to a criminal organisation, or is connected with the illegal conveyance of narcotics, psychotropic substances or persons across the border or the temporary control line, or he or she is a member of a terrorist organisation, or he or she has committed or there is a good reason to believe that he or she may commit an act of terrorism, or he or she is involved in financing or supporting terrorism or money laundering;

11) a foreign national is employed or has been employed in a foreign intelligence or security service or other force structure or is or has been related to a foreign intelligence or security service or other force structure;

11¹) there is good reason to believe that a foreign national is employed or has been employed by an intelligence or security service of a foreign state or another force structure, or is or has been related to a foreign intelligence or security service or other force structure;

12) a foreign national has received or there is good reason to believe that he or she has received special training or special preparation in landing operations, or in diversion or sabotage activities, or other special training, and the knowledge and skills acquired in the process of such training can be directly applied in the formation or training of illegal armed units;

13) a foreign national has participated or there is good reason to believe that he or she has participated in punitive operations against civil population or;

14) with regard to a foreign national there is good reason to believe that he or she has committed crimes against humanity or a war crimes.

(3) The facts listed in clauses 1–6 and 9–14 of subsection 2 of this section are considered as a threat to the national security. This does not preclude considering other facts as a threat to the national security.

(4) The provisions of subsections 1 and 2 of this section shall not preclude considering other facts as a threat to a public order.

(5) Clauses 5, 6 and 11 of subsection 2 of this section do not apply to the citizens of the member states of the NATO.

§ 125. Issue of temporary residence permit as exception

(1) If no other basis exists with regard to a foreign national for refusal to issue the residence permit due to the threat to public order and the national security specified in § 124 of this Act, the temporary residence permit may be issued as an exception if:

1) a foreign national has provided falsified documents or false information regarding the facts relevant in the proceedings, including information concerning his or her earlier activity upon application for a visa, a residence permit or work permit, or upon application for extension of the residence permit or work permit, or upon application for the citizenship of Estonia or a personal identification document of the Estonian citizen;

2) a foreign national has committed a criminal offence for which he or she has been sentenced to imprisonment for a term for more than one year and his or her criminal record has not expired;

3) a foreign national has been punished in Estonia for an intentionally committed crime against the state and his punishment has not expired;

4) a foreign national has been repeatedly punished pursuant to criminal procedure for intentionally committed criminal offences;

5) a foreign national has served in a career position in the armed forces of a foreign state or has been assigned to the reserve forces thereof or has retired therefrom;

6) a foreign national is in the active service of the armed forces of a foreign state or;

7) a foreign national has been employed or there is good reason to believe that the foreign national has been employed in a foreign intelligence or security service or other force structure, or has been related to or there is good reason to believe that the foreign national has been related to a foreign intelligence or security service or other force structure, and their age, rank or other circumstance precludes the foreign national from being called up to a foreign intelligence or security service, armed forces or other force structure.

(1¹) If a foreign national has committed to leaving the Republic of Estonia, has received a dwelling in a foreign state through an international aid programme or has received support for leaving Estonia, the foreign national may be issued a temporary residence permit as an exception if he or she is applying for a residence permit to settle with a close relative on the basis provided for in clause 3 of subsection 1 of § 150 of this Act.

(2) In case a foreign national is issued a temporary residence permit as an exception, the foreign national’s spouse, registered partner and minor child may also be issued a temporary residence permit as an exception.

§ 126. Refusal to issue temporary residence permit due to prohibition on entry

(1) The issue of a temporary residence permit shall be refused if the prohibition on entry applies with regard to a foreign national.

(2) The issue of a temporary residence permit shall be refused if the prohibition on entry into the Schengen area is applied with regard to a foreign national by a member state belonging to the common visa area of the European Union and the alert has been entered into the Schengen information system pursuant to Regulation (EC) No.1987/2006 of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, pp.4–23).

(3) As an exception, a foreign national indicated in subsection 2 of this section, may be issued a temporary residence permit if the entry of a foreign national into Estonia or his or her residence in Estonia is necessary on humanitarian grounds or for the performance of international obligations.

§ 127. Refusal to issue temporary residence permit to family member of foreign national

In case a foreign national is refused the issue of a temporary residence permit, generally the foreign national’s spouse, registered partner and minor child are also refused the issue of a residence permit.

§ 128. Requirements for extension of temporary residence permit

A temporary residence permit may be extended if the conditions of the extension of the residence permit are met and there is no basis for refusal to extend the residence permit.

§ 129. Conditions of extension of temporary residence permit

(1) The requirements for the extension of a temporary residence permit shall be met for the extension of the temporary residence permit on any basis.

(2) The conditions of the issue of a temporary residence permit must be continuously met for the extension of a temporary residence permit unless otherwise provided in this Act.

(3) A prerequisite for the extension of the temporary residence permit is the registration of the place of residence in Estonia in the Population Register.

(4) The additional conditions of the extension of a temporary residence permit are provided for separately in this Act under the basis for the issue of a respective temporary residence permit.

(5) If upon the extension of a temporary residence permit on a respective basis it is not required to meet some the general condition for the extension of a temporary residence permit, this is provided separately in this Act under the basis of the issue of a respective temporary residence permit.

§ 130. Stay of foreign national in country during application proceeding

If a foreign national has applied for the extension of a residence permit, for a new temporary residence permit or for a long-term resident's residence permit during the period of validity of the residence permit or during the term provided for in subsections 4 and 5 of § 43 of this Act, his or her stay in Estonia is deemed legal during the review of his or her application.

§ 131. Bases for refusal of extension of temporary residence permit

(1) The bases for refusal to issue a temporary residence permit are applied as the bases for refusal to extent a temporary residence permit unless otherwise provided in this Act.

(2) The additional bases for refusal to extend a temporary residence permit are provided separately in this Act under the basis for the issue of a respective temporary residence permit.

(3) If the extension of a temporary residence permit is not refused on some of the bases for the refusal to extend a temporary residence permit provided for in this Division, this is provided for separately in this Act under the basis for the issue of a respective temporary residence permit.

§ 132. Term for extension of temporary residence permit

(1) A temporary residence permit may be extended for up to ten years at a time.

(2) Upon determining the period of validity of the temporary residence permit to be extended, the proof of the facts forming the basis for the extension of a residence permit or proof of other facts relevant to the matter and the possibility of change during the period of validity of the residence permit shall be taken account of.

§ 133. Validity of temporary residence permit

A temporary residence permit is valid until the period of validity of the residence permit expires or until revocation of the residence permit.

§ 134. Expiry of period of validity of temporary residence permit

The period of validity of temporary residence permit expires:

1) on the date of expiry;

2) upon the grant of the Estonian citizenship to a foreign national or upon his or her resumption of the Estonian citizenship;

3) upon the death or declaration of death of a foreign national;

4) upon receipt of a long-term resident's residence permit or upon receipt of a new temporary residence permit or;

5) upon the grant of the citizenship of a member state of the European Union, a member state of the European Economic Area or the Swiss Confederation to a foreign national or upon his or her resumption thereof.

§ 135. General bases for revocation of temporary residence permit

(1) A temporary residence permit may be cancelled if:

1) a foreign national has failed to register his or her place of residence in the Population Register within the term provided by law;

2) a foreign national does not have an actual place of residence in Estonia;

3) a foreign national does not have an insurance contract provided for in § 120 of this Act guaranteeing that any costs related to his or her medical treatment as a result of illness or injury during the period of validity of the residence permit will be met or

4) a foreign national does not use the residence permit purposefully.

(2) A temporary residence permit shall be cancelled if:

1) a circumstance which is a prerequisite for the issue of a residence permit to a foreign national or extension thereof is not complied with;

2) a basis for refusal to issue or extend the temporary residence permit exists in respect of a foreign national;

3) the activity of a foreign national constitutes a threat to public order or national security;

4) the conditions of the issue of a residence permit have not been met during the period of validity of the temporary residence permit;

5) a foreign national submits a personal request therefor.

(3) An administrative authority that is competent to cancel the temporary residence permit may during the proceedings to cancel the temporary residence permit appoint a term to a foreign national for the elimination of the deficiencies specified in subsection 1 of this section.

(4) If a foreign national eliminates a deficiency indicated in subsection 1 of this section within the term appointed by an administrative authority, the temporary residence permit shall not be cancelled.

§ 136. Application of bases for revocation of temporary residence permit

(1) A temporary residence permit shall be cancelled pursuant to the bases for revocation of a temporary residence permit indicated in this Division.

(2) Additional bases for revocation of a temporary residence permit are provided for separately in this Act under the basis for the issue of a respective temporary residence permit.

(3) If some basis for the revocation of a temporary residence permit provided for in this Division is not applied upon revocation of a temporary residence permit issued on a respective basis, this is provided for separately in this Act under the basis for the issue of a respective temporary residence permit.

§ 137. Foreign national’s spouse or registered partner

(1) A temporary residence permit may be issued to a foreign national to settle with the foreign national’s spouse or registered partner who resides in Estonia and who is an Estonian citizen or of Estonian nationality or with the foreign national’s spouse or registered partner who is a foreign national residing in Estonia on the basis of a residence permit.

(2) The requirement for prior residence in Estonia is not applied to a spouse or registered partner who is an Estonian citizen or of Estonian nationality for the purposes of settling with whom the residence permit is applied for in case the family settles in Estonia together.

(2¹) In case of applying for a temporary residence permit to settle with the spouse or registered partner who is a foreign national, who has been granted a temporary residence permit for studies, the spouse or registered partner must have lived in Estonia based on a residence permit for at least two years.

(2²) Subsection 2¹ of this section does not apply to a foreign national whose spouse or registered partner, who is a foreign national, has been granted a temporary residence permit for Doctoral studies.

(2³) A temporary residence permit to settle with the spouse or registered partner is not granted in case the spouse or registered partner, who is a foreign national, has been granted a temporary residence permit on the basis of § 176² of this Act.

§ 138. Requirements for family life

(1) A residence permit may be issued to settle with the spouse or registered partner in case the spouses or registered partners share close economic ties and psychological dependence, the family is stable, and the marriage is not fictitious.

(2) The marriage or registered partnership is fictitious in case the marriage has been contracted with the purpose of getting a residence permit and there is no real family life between the persons.

§ 139. Requirement for legal income of family

In case a foreign national applies to settle with the spouse or registered partner who resides in Estonia, the foreign national’s spouse or registered partner is required to have permanent legal income that ensures the subsistence of the family in Estonia, or the joint permanent legal income of the spouses or registered partners must ensure the subsistence of the family in Estonia.

§ 140. Requirement for registered residence and actual dwelling

(1) In case a foreign national applies to settle with the spouse or registered partner who resides in Estonia, the family must have a registered place of residence and an actual dwelling in Estonia.

(2) The requirement for registered place of residence and actual dwelling is not applied as a requirement for the issue of a temporary residence permit to settle with the spouse or registered partner in case the spouse or registered partner for the purposes of settling with whom the residence permit is applied for has received a residence permit for enterprise or for employment in one of the following cases:

1) persons engaged in creative activities who work in a performing arts institution for the purposes of the Performing Arts Institutions Act;

2) for employment as a teacher in Estonia in an educational institution which complies with the requirements established by the legislation;

3) for research activities if a foreign national has appropriate professional training or experience therefor or employment as an academic staff member in Estonia in an educational institution which complies with the requirements established by the legislation;

4) for employment as a sportsman, coach, referee or sports official for professional activities on the basis of a summons from a respective sports federation;

5) employment as a member of the management body of a legal person entered in the Estonian commercial register with the task to perform management or supervisory functions;

6) for employment as an expert, adviser or consultant provided that a foreign national has appropriate professional training for such activities in the respective field;

7) for employment as a fitter of equipment or a skilled worker provided that a foreign national has the required professional training in the respective field;

8) for employment as a top specialist on the basis of clause 3 of subsection 2 of § 181 of this Act provided that a foreign national has appropriate professional training for such activities in this field;

9) employment in a start-up company.

(3) The requirement for registered place of residence and actual dwelling is not applied as a requirement for the issue of a temporary residence permit to settle with the spouse or registered partner in case the spouse or registered partner for the purposes of settling with whom the residence permit is applied for has received a residence permit for studies based on the integrated curricula of Bachelor’s and Master’s studies or Master’s or Doctoral studies, or in case the spouse or registered partner has been issued the residence permit for studies in professional higher education or Bachelor’s studies or in vocational training at the fourth or fifth qualification level within the framework of an international cooperation program or a treaty or an international cooperation agreement of an educational institution, or in case the foreign national has been designated a scholarship which is financed by the Estonian state or is internationally recognized.

§ 140¹. Specifications of requirements for issue and extension of residence permit

In case a foreign national is applying for a residence permit for the purpose of settling with the spouse or registered partner who holds a temporary residence permit issued to a large investor for engagement in business, the requirement for actual dwelling specified in subsection 1 of § 117 of this Act and for the place of residence registered in the population register specified in § 121 and subsection 3 of § 129 of this Act is not applied as a requirement for the issue and extension of a residence permit.

§ 141. Specifications of bases for refusal of issue of temporary residence permit

In case a foreign national applies for a temporary residence permit to settle with the spouse or registered partner, the fact that the stay of a foreign national in Estonia may endanger morality or rights or interests of other people is not applied as the basis for refusal to issue a residence permit.

§ 142. Unjustified application for issue of temporary residence permit to settle with spouse or registered partner

(1) An application for a residence permit to settle with the spouse or registered partner who is an Estonian citizen may be considered unjustified in case it is possible for the spouse or registered partner who resides in Estonia to settle in the country of nationality or the country of location of their spouse or registered partner or in case it is possible for the spouses or registered partners to settle in another country.

(2) An application for a residence permit to settle with a spouse who resides in Estonia and who is a foreign national is considered unjustified in case a foreign national who applies for a residence permit and the foreign national’s spouse or registered partner for the purposes of settling with whom the residence permit is applied for do not prove that it is not possible for them to settle in the country of their common nationality, or in the country of nationality or the country of location of a foreign national who applies for a residence permit.

(3) The provisions of subsections 1 and 2 of this section do not preclude considering the application for a residence permit to be unjustified under other facts.

§ 143. Period of validity of temporary residence permit to settle with spouse or registered partner

(3) In case a residence permit is issued to a foreign national to settle with the spouse or registered partner residing in Estonia on the basis of a temporary residence permit, the period of validity of the residence permit to be issued to a foreign national may not exceed the period of validity of a residence permit of the spouse or registered partner for the purposes of settling with whom the residence permit was issued.

§ 143¹. Establishment of period of validity of temporary residence permit issued to settle with spouse or registered partner

(1) Upon establishment of the period of validity of temporary residence permit issued to settle with the spouse or registered partner, the duration of the marriage between a foreign national and the spouse or registered partner for the purposes of settling with whom the residence permit is applied for is taken into account.

(2) The provisions of subsection 1 of this section do not preclude taking account of other relevant facts upon establishment of the period of validity of the residence permit.

§ 144. Additional bases for refusal to extend temporary residence permit to settle with spouse or registered partner

The extension of a temporary residence permit to settle with the spouse or registered partner is refused in case:

1) the basis or grounds for the issue of the residence permit has ceased to exist;

2) the marriage or registered partnership has been terminated;

4) the legal income of the spouse, registered partner or the income of the family does not ensure subsistence of the family in Estonia;

5) the family does not have a registered place of residence in Estonia or

6) the family does not have an actual dwelling in Estonia.

§ 145. Specifications of bases for refusal to extend temporary residence permit

(1) In case a foreign national applies for a temporary residence permit to settle with the spouse or registered partner, the circumstance that the stay of the foreign national in Estonia may endanger morality or rights or interests of other people is not applied as a basis for refusal to extend a residence permit.

(2) In case a foreign national has been issued a temporary residence permit to settle with the spouse or registered partner, who has a residence permit issued to a large investor for engagement in enterprise, the circumstance that the foreign national does not have a registered residence or actual dwelling in Estonia is not applied as a basis for the refusal to extend the residence permit.

§ 146. Additional bases for revocation of temporary residence permit issued to settle with spouse or registered partner

(1) A temporary residence permit to settle with the spouse or registered partner is cancelled in case:

1) the basis or grounds for the issue of the residence permit has ceased to exist;

2) the marriage or registered partnership has been terminated;

4) the legal income of the spouse or registered partner or the family does not ensure subsistence of the family in Estonia;

5) the family does not have a registered place of residence in Estonia or;

6) the family does not have an actual dwelling in Estonia.

(2) A temporary residence permit that was issued to settle with the spouse or registered partner is cancelled concurrently with the revocation of the residence permit of the spouse or registered partner for the purposes of settling with whom the residence permit was issued.

(3) A temporary residence permit that was issued to settle with the spouse or registered partner may be cancelled on the basis specified in subsection 1 of this section within three years as of the issue of the residence permit.

§ 147. Specifications of bases for revocation of temporary residence permit

(1) In case a foreign national has a temporary residence permit to settle with his or her spouse or registered partner, the circumstance that the stay of a foreign national in Estonia may endanger morality or the rights or interests of other people, shall not be applied as a basis for revocation of a residence permit.

(2) If a foreign national has been issued a temporary residence permit to settle with his or her spouse or registered partner, who has a residence permit issued to a large investor for engagement in enterprise, the circumstance that the foreign national does not have a registered residence or actual dwelling in Estonia shall not be applied as a basis for the revocation of the residence permit.

§ 147¹. Expiry of temporary residence permit issued for settling with spouse or registered partner

In case a foreign national has a temporary residence permit to settle with the spouse or registered partner due to the fact that the foreign national’s spouse or registered partner has a temporary residence permit for study and the spouse or registered partner has failed to complete the study program to the extent required to hold a residence permit for study or has interrupted studies, the validity of a foreign national's temporary residence permit expires 30 days after the spouse or registered partner has failed to complete the study program to the required extent or has interrupted studies.

§ 148. Obligations of sponsor

The spouse or registered partner for the purposes of settling with whom the residence permit was issued to a foreign national has the obligations of a sponsor provided for in this Act.

§ 149. Special rules for requirements regarding issue of residence permit to settle with spouse or registered partner

(1) In case a foreign national has been issued a temporary residence permit to settle with the spouse or registered partner and has lived for at least three years in Estonia on this basis thereof, the foreign national may be issued a temporary residence permit for settling permanently in Estonia without applying the provisions of § 210¹ and § 210² of this Act.

(2) In case a foreign national has been issued a temporary residence permit to settle with the spouse or registered partner and their marriage or registered partnership ends before three years have passed as of the issue of a residence permit but the obligation to leave Estonia of the foreign national would be clearly too burdensome for them, the foreign national may be issued a temporary residence permit for settling permanently in Estonia without applying the provisions of § 210¹ and § 210² of this Act.

§ 149¹. Special rules for legal status of foreign national applying for residence permit to settle with spouse or registered partner

The stay in Estonia of the spouse or registered partner of a foreign national who is a holder of the EU Blue Card of another member state of the European Union and is applying for the EU Blue Card in Estonia is legal until the decision with regard to the application is made in case they hold a residence permit issued by another member state of the European Union to a family member of the foreign national holding the European Union Blue Card and they are applying for a residence permit in Estonia to settle with the spouse or registered partner for the purpose of settling with the foreign national who is applying for the EU Blue Card.

§ 150. Close relative

(1) A temporary residence permit may be issued to a foreign national to settle with a close relative who is an Estonian citizen or who is a foreign national who resides in Estonia and holds a residence permit in one of the following cases:

1) to a minor child in order to settle with a parent who resides in Estonia;

2) to an adult child in order to settle with a parent who resides in Estonia if the child is unable to cope independently due to health reasons or a disability;

3) to a parent or grandparent in order to settle with his or her adult child or grandchild who resides in Estonia if the parent or grandparent needs care which he or she cannot receive in the country of his or her location or in another country and if the permanent legal income of his or her child or grandchild who legally stays in Estonia ensures the subsistence of him or her in Estonia and;

4) to a ward in order to settle with the guardian who resides in Estonia if the permanent legal income of the guardian ensures the subsistence of the ward in Estonia.

(2) In the case specified in clause 3 of subsection 1 of this section, a close relative for the purposes of settling with whom the residence permit is applied for is required to have a long-stay resident's residence permit.

(3) The requirement for prior residence in Estonia shall not be applied if:

1) the close relative has a temporary residence permit and a foreign national and the close relative, for the purposes of settling with whom the residence permit is applied for, enter into Estonia together;

2) the close relative has the EU Blue Card;

3) the close relative has been issued a temporary residence permit on the basis of § 210³ of this Act;

4) the close relative has a temporary residence permit for an intra-corporate transfer.

(4) The persons specified in clauses 3 and 4 of subsection 1 of this section are not granted a temporary residence permit in case the foreign national has been granted a temporary residence permit based on § 176² of this Act.

§ 150¹. Temporary residence permit issued to minor child who was born in Estonia

(1) A minor child, who was born in Estonia or who is settling in Estonia immediately after birth together with his or her parent or parents, shall be issued a temporary residence permit to settle with a parent who is residing in Estonia if the parent is holding the Estonian temporary residence permit during the birth of the child.

(2) On order to waive the residence permit issued on the basis of subsection 1 of this section in the case of joint legal custody the parents shall have the right to jointly submit the application before the child reaches one year of age.

§ 151. Requirement of registered place of residence and actual dwelling of close relative

(1) A close relative for the purposes of settling with whom a residence permit is applied for is required to have a registered place of residence and an actual dwelling in Estonia.

(2) Upon application of a residence permit to settle with close relative the requirement for a registered place of residence and an actual dwelling specified in subsection 1 of this section shall not be applied as a condition of the issue of a residence permit provided that a foreign national and the close relative for the purposes of settling with whom the residence permit is applied for enter into Estonia together.

§ 151¹. Specifications of requirements for issue and extension of residence permit

If a foreign national is applying for residence permit for the purpose of settling with the close relative who holds a temporary residence permit issued to a large investor for enterprise, the requirement for actual dwelling specified in subsection 1 of § 117 of this Act and for the place of residence registered in the population register specified in § 121 and subsection 3 of § 129 of this Act shall not be applied as a requirement for the issue and extension of a residence permit.

§ 152. Requirement for covering maintenance and treatment costs

If the residence permit has been issued to an adult child in order to settle with a parent who resides in Estonia, to a parent or grandparent in order to settle with his or her adult child or grandchild who resides in Estonia, to a ward in order to settle with the guardian who resides in Estonia, the close relative for the purposes of settling with whom the residence permit is issued is required to cover the maintenance and treatment costs of a foreign national.

§ 153. Specifications of bases for refusal to issue temporary residence permit

If a foreign national applies for a temporary residence permit to settle with his or her close relative, the circumstance that the stay of a foreign national in Estonia may endanger morality or the rights or interests of other people shall not be applied as a basis for the refusal to issue a residence permit.

§ 154. Consideration of rights and interests of child

(1) Upon the issue of a temporary residence permit to a minor child to settle with his or her parent the rights and interests of the child shall be taken into consideration in particular.

(2) A temporary residence permit shall not be issued if the settling of the child in Estonia damages his or her rights and interests and if the legal, financial or social status of him or her may deteriorate as a result of settling in Estonia.

(3) Under joint legal custody the consent of the other parent is required for issue of a residence permit.

(3¹) Under joint legal custody the consent of the other parent is not required for issue, to a minor child who was born in Estonia, of a temporary residence permit provided for in subsection 1 of § 150¹ of this section.

(4) The residence permit of a minor child shall not be cancelled and extension thereof shall not be refused if this does not correspond to the rights and interests of the child.

(5) If a minor child has been issued a residence permit to settle with a close relative and reaches the age of majority during the period of validity of the residence permit, his or her residence permit shall be valid until its expiry.

(6) Upon reaching the age of majority a foreign national who has been issued a temporary residence permit to settle with a close relative as a minor may be issued a residence permit under the conditions and with the period of validity which are not related to the close relative for the purposes of settling with whom the residence permit is issued. In that case the conditions and requirements for the issue of a residence permit that are to be met for the issue of a temporary residence permit on any basis shall be applied upon the issue of a temporary residence permit to a foreign national.

§ 155. Period of validity of temporary residence permit issued to settle with close relative

If a temporary residence permit is issued to settle with a close relative who holds a temporary residence permit, the period of validity of the residence permit issued to a foreign national shall not exceed the period of validity of the residence permit of the close relative for the purposes of settling with whom the residence permit was issued.

§ 155¹. Specifications of extension of temporary residence permit issued to settle with close relative

(1) If a minor child has been issued a temporary residence permit to settle with a parent residing in Estonia on the basis of clause 1 of subsection 1 of § 150 or subsection 1 of § 150¹ of this Act and the temporary residence permit of the parent is extended or he or she is issued a new temporary residence permit, the period of validity of the residence permit of a minor child is extended until the expiry of the period of validity of the residence permit of the parent.

(2) Under joint legal custody the consent of the other parent is not required for the extension of the period of validity of the temporary residence permit in the case specified in subsection 1 of this section.

§ 155². Expiry of temporary residence permit issued for settling with close relative

If a foreign national has a temporary residence permit to settle with a close relative due to the fact that their close relative has a temporary residence permit for study and the close relative has failed to complete studies to the extent required to obtain a residence permit for study or interrupted studies, the validity of a foreign national's temporary residence permit expires 30 days after the close relative has failed to complete the study program to the required extent or has interrupted studies.

§ 156. Additional bases for refusal to extend temporary residence permit issued to settle with close relative

The extension of a temporary residence permit to settle with a close relative residing in Estonia shall be refused if:

2) the close relative for the purposes of settling with whom the residence permit was issued cannot guarantee the subsistence of a foreign national in Estonia for no good reason or;

3) the close relative for the purposes of settling with whom the residence permit was issued fails to have a registered place of residence or an actual dwelling.

§ 157. Specifications of bases for refusal to extend temporary residence permit

(1) If a foreign national holds a temporary residence permit to settle with his or her close relative, the circumstance that the stay of a foreign national in Estonia may endanger morality or the rights or interests of other people shall not be applied as a basis for refusal to issue a residence permit.

(2) If a foreign national was issued a temporary residence permit as a minor child to settle with a parent, the extension of his or her residence permit shall not be refused due to his or her reaching the age of majority if he or she is a dependant of his or her parent.

(3) If a foreign national has been issued a residence permit to settle with a close relative who holds a temporary residence permit issued to a large investor for enterprise, the circumstance that the foreign national does not have a registered place of residence or dwelling in Estonia shall not be applied as a basis for refusal to extend the residence permit.

§ 158. Additional bases for revocation of the temporary residence permit issued to settle with close relative

(1) The temporary residence permit which was issued to settle with a close relative who resides in Estonia shall be cancelled if:

2) the close relative for the purposes of settling with whom the residence permit was issued fails to ensure, for no good reason, the subsistence of a foreign national in Estonia;

3) the close relative for the purposes of settling with whom the residence permit was issued fails to have a registered place of residence or the actual dwelling.

(2) A temporary residence permit that was issued to settle with a close relative shall be cancelled concurrently with the revocation of the residence permit of the close relative for the purposes of settling with whom the residence permit was issued.

§ 159. Specifications of bases for revocation of temporary residence permit

(1) If a foreign national holds a temporary residence permit to settle with his or her close relative, the circumstance that the stay of a foreign national in Estonia may endanger morality or the rights or interests of other people shall not be applied as the basis for revocation of the residence permit.

(2) If a foreign national was issued a temporary residence permit as a minor child to settle with a parent, his or her residence permit shall not be cancelled after he or she has reached the age of majority.

(3) If a foreign national has been issued a residence permit to settle with a close relative who holds a temporary residence permit issued to a large investor for engagement in business, the circumstance that the foreign national does not have a registered place of residence or dwelling in Estonia shall not be applied as a basis for revocation of the residence permit.

§ 160. Obligations of sponsor

The close relative for the purposes of settling with whom the residence permit was issued to a foreign national has the obligations of a sponsor provided for in this Act.

§ 161. Specifications of requirements for residence permit issued to settle with close relative

If a foreign national who has been issued a temporary residence permit to settle with his or her close relative and the basis or grounds for the issue of the residence permit have ceased to exist but the obligation of a foreign national to leave Estonia would be clearly too burdensome for him or her, the foreign national may be issued a temporary residence permit for settling permanently in Estonia without applying the provisions of § 210¹ and § 210² of this Act.

§ 161¹. Specifications of legal status of foreign national applying for residence permit to settle with close relative

The stay in Estonia of a close relative of a foreign national who is a holder of the EU Blue Card of another member state of the European Union and is applying for the EU Blue Card in Estonia is legal until making the decision with regard to the application if he or she holds a residence permit issued to a family member of a foreign national holding the European Union Blue Card by another member state of the European Union and he or she is applying for a residence permit in Estonia to settle with close relative for the purpose of settling with a foreign national who is applying for the EU Blue Card.

§ 162. Requirements for educational institution and voluntary service

(1) A temporary residence permit for study may be issued to a foreign national:

1) for study in a basic school, gymnasium or vocational educational institution or, on the basis of the state-recognised higher education curriculum, in a vocational educational institution, an institution of applied higher education or a university;

2) for participation in a traineeship at a state-recognised basic school or gymnasium for pedagogical or other study purposes

3) for participation in foundation courses offered by institutions of vocational education and applied higher education or a university recognised by the state.

4) for participation in traineeship intermediated by a state-recognised institution of vocational education institution or applied higher education institution or university or an international student organisation or;

5) for voluntary service within the framework of a youth project or program recognised by the Ministry of Education and Research.

6) for study in an educational institution founded on the basis of a treaty or an educational and training institution supported by the Ministry of Foreign Affairs.

(2) A temporary residence permit for study at a higher education level in an institutionally accredited educational institution specified in subsection 1 of this section may be granted:

1) for completing a first or second cycle curriculum full-time for the purposes of § 14 of the Higher Education Act;

2) for completing doctoral studies for the purposes of § 8 of the Higher Education Act.

§ 163. Requirement of proof of commencement of studies

Upon application for a residence permit for studies, the relevant educational institution or international student organisation shall submit an invitation to the Police and Border Guard Board.

§ 164. Requirements for traineeship

A temporary residence permit for study may be issued for participation in traineeship that is intermediated by a state-recognised vocational education institution, institution of applied higher education, university or an international student organisation under the following conditions:

1) the traineeship is related to the education to be acquired;

3) a contract of traineeship has been concluded between a foreign national and the institution conducting the traineeship.

§ 165. Additional requirements for voluntary service

A temporary residence permit for study may be granted for voluntary service within the framework of a youth project or program recognised by the Ministry of Education and Research under the following conditions:

1) the activity of a foreign national in the framework of a youth project or program shall not be employment for the purposes of this Act, including that a foreign national shall not get remuneration for the activity;

2) an institution or organisation within the framework of whose youth project or program a foreign national is applying for residence permit for voluntary service activities shall bear the subsistence costs of a foreign national during his or her residence in Estonia;

3) an institution or organisation within the framework of whose youth project or program a foreign national is applying for residence permit for voluntary service activities has entered into an insurance contract which would cover all medical costs caused by illness or injuries of a foreign national and;

4) a contract of voluntary service has been concluded between a foreign national and the institution or organisation within the framework of whose youth project or program a foreign national is applying for residence permit for voluntary service activities.

§ 166. Requirements for voluntary service contract

The contract of voluntary service entered into between a foreign national and the institution or organisation within the framework of whose youth project or program a foreign national is applying for residence permit for voluntary service activities shall reflect the following information:

1) the duties of a foreign national;

2) the tutoring conditions related to performance of the duties;

3) working time of a foreign national;

4) means for covering travelling, subsistence and accommodation costs and for allowances during the whole stay in Estonia and

5) the training provided to a foreign national for better performance of voluntary service if necessary.

§ 168. Requirement for language proficiency in language of instruction

(1) A temporary residence permit for study may be issued if the purpose of the stay of a foreign national in the country is to study on the basis of a higher education curriculum or the curriculum of an educational institution established on the basis of a treaty or in-service training of a training institution supported by the Ministry of Foreign Affairs and his or her proficiency in the language of instruction is sufficient.

(2) The proficiency in the language of instruction of a foreign national is considered to be sufficient if it corresponds to the minimum requirements set by the educational institution for language of instruction or if a foreign national commences in-depth studies in the national language.

(3) The procedure for submitting evidence of conformity to the requirements set to the proficiency in the language of instruction shall be established by a regulation of the minister in charge of the policy sector.

§ 168¹. Specifications of requirement for legal income

The requirement of sufficient legal income for the issue of a residence permit for study, for holding and extension thereof may also be complied with the income not specified in § 9 of this Act.

§ 169. Requirement for submission of evidence of holding long-term resident's residence permit of member state of European Union

A foreign national who is holding a long-term resident's residence permit of a member state of the European Union and who is applying for a temporary residence permit for study shall submit additional documentary evidence of holding the long-term resident's residence permit of the European Union.

§ 170. Period of validity of temporary residence permit for study

(1) A temporary residence permit for study may be issued to a foreign national with a period of validity until the end of the nominal study period but for no longer than the estimated duration of studies.

(2) A temporary residence permit for study may be extended until the end of the nominal study period or, if the nominal study period has terminated, until the end of the estimated duration of studies.

§ 171. Right of representation of foreign national

The educational institution for commencement of study wherein a foreign national was granted a residence permit for study has the right of representation of a minor foreign national in the proceedings related to his or her stay in Estonia and the departure from Estonia if the legal representative of a foreign national does not stay in Estonia.

§ 172. Health insurance

Clauses 2 and 5 of subsection 4 of § 5 of the Health Insurance Act shall not be applied with regard to a foreign national who has been issued a temporary residence permit for study.

§ 172¹. Additional basis for refusal to issue temporary residence permit for study

The issue of a temporary residence permit for study may be refused if there is a reason to doubt the trustworthiness of the educational institutions for the purpose of study in which the temporary residence permit is applied for, of the international student organisation that intermediates the traineeship of a foreign national in Estonia or of an agency or association for voluntary service within the framework of a youth project or program the temporary residence the permit is applied for.

§ 173. Additional basis for annulment of temporary residence permit for study

(1) A temporary residence permit for study is annulled if a foreign national has failed to perform to a significant extent an obligation arising from this Act or another Act.

(2) A failure to complete the curriculum provided in subsection 1 of this section to the required extent is not applied as a basis for revocation of the residence permit with regard to a foreign national who has been issued a temporary residence permit for Doctoral studies.

§ 173¹. Expiry of temporary residence permit issued for study

If a foreign national holds a temporary residence permit for study and has failed to complete the study program to the extent required to hold a residence permit for study or has interrupted studies, the validity of their temporary residence permit expires 30 days after failure to complete the study program to the required extent or interruption of studies.

§ 174. Obligations of sponsor

(1) The educational institution where a foreign national who was granted a temporary residence permit for study, the institution conducting the traineeship, the international student organisation that intermediated the traineeship of a foreign national in Estonia and an institution or organisation within the framework of whose youth project or programme a foreign national was issued a temporary residence permit for voluntary service activities shall have the obligations of a sponsor provided for in this Act.

(2) If a foreign national has been issued a temporary residence permit for the purpose of participation in practical training on the basis of clause 2 or 4 of subsection 1 of § 162 of this Act, the obligations of a sponsor terminate when the foreign national is granted residence permit on another basis or after 180 days as of the termination of the contract entered into with the trainee.

§ 175. Conditions of employment in Estonia on basis of temporary residence permit for study

A foreign national who has been issued a residence permit for study may take employment in Estonia without a specific permit on condition that such employment does not interfere with the studies.

§ 176. Purpose of temporary residence permit for employment and additional conditions for granting

(1) The purpose of the granting of a temporary residence permit is to further the development of the Estonian economy, research, education or culture by creating a possibility to employ foreign nationals with the necessary knowledge and skills in Estonia.

(2) In order to take employment on the basis of a temporary residence permit a foreign national is granted the right to stay in Estonia and be employed by an employer who is entered in the Estonian commercial register under the conditions determined in the residence permit.

(3) The requirement for entry in the Estonian commercial register provided in subsection 2 of this section does not apply in the following cases:

1) the employer is a legal person governed by public law;

2) the foreign national is a posted worker for the purposes of the Act on the Working Conditions of Workers Posted to Estonia.

(4) The employer for the employment with whom a temporary residence permit is applied for must have had actual economic activity in Estonia for at least six consecutive months immediately prior to the submission of the application for a residence permit.

(5) The requirement for actual economic activity provided in subsection 4 of this section does not apply in the following cases:

1) the foreign national is a posted worker for the purposes of the Act on the Working Conditions of Workers Posted to Estonia;

2) the foreign national starts working as a teacher, academic employee or researcher in an educational institution or research and development institution that complies with the Estonian legislation.

§ 176¹. Temporary agency work

(1) A temporary residence permit for employment may be issued to a foreign national also for employment as a temporary agency worker in the user undertaking for the purposes of subsection 5 of § 6 of the Employment Contracts Act.

(2) A temporary residence permit for employment as a temporary agency worker may be issued in case:

1) the employer is entered in the Estonian commercial register or is a company registered in another Member State of the European Economic Area;

2) the employer is engaged in the mediation of temporary agency work;

3) the employer has had actual economic activity in Estonia or another Member State of the European Economic Area for at least six consecutive months immediately prior to submitting the application for a temporary residence permit.

§ 176². Temporary residence permit for short-term employment

(1) A temporary residence permit for short-term employment may be granted to a foreign national for up to two years in case:

1) the foreign national with a temporary basis of stay has been employed in Estonia for at least nine months on the basis of the registration of short-term employment immediately before applying for a residence permit;

2) employment continues with the employer who has registered short-term employment, and who has registered the short-term employment of the foreign national with a temporary basis of stay before applying for a temporary residence permit;

3) the employer is reliable;

4) the employer has paid the foreign national remuneration in compliance with the requirements provided in § 107 of this Act during the period of registered short-term employment.

(2) The provisions of § 180 of this Act apply to the assessment of the reliability of the employer.

§ 177. Requirement for permission of Estonian Unemployment Insurance Fund

(1) A temporary residence permit for employment may be issued to a foreign national for employment with an employer who is entered in the Estonian commercial register in a place of employment, filling of which with a foreign national has been permitted by the Estonian Unemployment Insurance Fund because it is impossible to fill the vacant position by employing an Estonian citizen or a citizen of the European Union or a foreign national residing in Estonia on the basis of a residence permit, who would comply with the requirements for qualification and professional skills for such position and filling the place of employment with a foreign national is justified taking account of the labour market and based on the data of the Estonian Unemployment Insurance Fund.

(1¹) The permit specified in subsection 1 of this section is not related to the person of a foreign national and it is issued for filling one or several positions with a foreign national at an employer who is entered in the Estonian commercial register.

(1²) In case a foreign national is applying for temporary residence permit for employment as a temporary agency worker, the conditions provided in subsection 1 of this section are applied to filling a place of employment in the user undertaking entered in the Estonian commercial register.

(3) The requirement for the permission of the Estonian Unemployment Insurance Fund is not applied upon extension of the temporary residence permit for employment.

(4) The requirement for the permission from the Estonian Unemployment Insurance Fund shall not apply if a foreign national changes jobs with the same employer on the basis of subsection 2 of § 184² of this Act.

(4¹) The requirement for the permission from the Estonian Unemployment Insurance Fund is not applied in case a foreign national has worked in Estonia based on a temporary residence permit for employment for at least 12 consecutive months and changes:

1) the employer based on subsection 1 of § 184² of this Act or

2) a job with the same employer based on subsection 1 of § 184² of this Act.

§ 178. Requirements for remuneration to be paid

(1) An employer is required to pay to a foreign national a remuneration that is at least equal to the annual average gross salary in Estonia last published by Statistics Estonia regardless of the agreed working time.

(1¹) An employer is required to pay remuneration to a foreign national who has been issued a residence permit for employment on the basis of clause 3 of subsection 2 of § 181 of this Act in the amount at least equal to the annual average gross monthly salary and wages in Estonia, last published by Statistics Estonia, multiplied with the coefficient 1.5.

(1²) With regard to a foreign national who has acquired vocational education at the fourth or fifth level of vocational training or who has acquired a higher education in Estonia in the professional higher education or Bachelor's studies, in the studies based on the integrated curricula of Bachelor's and Master's studies, in Master's or Doctoral studies, the rate of remuneration specified in subsections 1 and 1¹ of this section shall not apply.

(1³) The employer is required to pay to a foreign national, who has been issued a residence permit for employment on the basis of clause 4 of subsection 2 of § 181 of this Act, remuneration in the amount of at least equal to the annual average gross monthly salaries and wages in Estonia last published by Statistics Estonia by an order of the Government of the Republic issued on the basis of subsection 8 of § 181 of this Act in the specified area.

(1⁴) The employer is required to pay a foreign national who has been granted a residence permit for employment in a growth company remuneration equal to 80 per cent of the average gross monthly salary in Estonia last published by Statistics Estonia.

(2) The amount of remuneration to be paid to a foreign national shall be in compliance with the data last published by Statistics Estonia, valid at the moment of commencement of proceedings of an application for a temporary residence permit; this shall be adjusted upon the extension of the temporary residence or application for a new temporary residence permit.

(2¹) As a specification to the provisions of subsection 1 of this section, a company located outside a member state of the European Union with which a foreign national has entered into an employment contract may pay the remuneration provided for in this Act also to the foreign national, who has been granted a residence permit for employment as an intra-corporate transferee on the basis of § 190¹⁴ of this Act.

(2²) As a specification to subsection 1 of this section, an employer is required to pay the remuneration prescribed in subsections 2² and 2³ of § 105 of this Act to a foreign national who has been granted a residence permit to work on a ship sailing under the national flag of Estonia on international sea voyages.

(3) The Tax and Customs Board shall provide at the request of the Police and Border Guard Board the data concerning the remuneration paid to a foreign national.

(4) In case of the issue of a temporary residence permit for employment, the salary or wages earned by a foreign national must be sufficient for his or her subsistence in Estonia.

§ 179. Requirements to foreign national

(1) For the issue of a temporary residence permit for employment a foreign national is required to have the requisite qualifications, training, state of health, work experience and the necessary professional skills and knowledge to assume such position.

(2) If a foreign national complies with the conditions specified in subsection 1 of this section and the employer submits a confirmation about employment of a foreign national, the Police and Border Guard Board may issue a temporary residence permit to a foreign national or employment for commencement of work in the position for filling of which the Estonian Unemployment Fund has granted approval to the employer.

(3) A foreign national who is applying for a temporary residence permit for employment and who has prior resided in Estonia for at least five years on the basis of the temporary residence permit for employment is required to have the Estonian language proficiency at least at the language proficiency level A2.

(4) The requirement for the Estonian language proficiency specified in subsection 3 of this section shall not be applied to a foreign national who is applying for:

1) a temporary residence permit for employment with the purpose of research activities on the basis of § 182 of this Act;

2) the EU Blue Card on the basis of § 190¹ of this Act;

3) a temporary residence permit for an intra-corporate transferee on the basis of § 190¹⁴ of this Act, or

4) a temporary residence permit for employment as an academic staff member in Estonia in an educational institution which complies with the requirements established by legislation.

§ 180. Trustworthiness of employer

(1) The issue of a temporary residence permit for employment shall be refused if the employer or user undertaking or host entity has been punished for a criminal offence provided for in §§ 133–133³ § 175 or § 260¹ of the Penal Code and whose data concerning punishment have not expunged from the criminal records database pursuant to the Criminal Records Database Act.

(1¹) The issue of a temporary residence permit for employment is refused in case the employer enterprise, user enterprise or host entity is established or operates with the main purpose of facilitating the arrival of foreign nationals in Estonia.

(2) The issuing of a temporary residence permit for employment may be refused if:

1) the salary or wages of a foreign national does not guarantee his or her subsistence in Estonia;

2) the employer or user undertaking or host entity has tax arrears;

3) the employer or user undertaking or host entity has a criminal record for the misdemeanour provided for in §§ 300–302 of this Act;

4) the employer or user undertaking or host entity has failed to perform the notification obligation provided for by law;

4¹) the liquidation of the employer or user undertaking has been initiated, the court has accepted the bankruptcy petition filed against the employer or user undertaking and decided to appoint an interim trustee, the employer or user undertaking has been declared bankrupt, the bankruptcy proceedings filed against the employer or user undertaking end with abatement without being declared bankrupt or the employer or user undertaking has no actual economic activity;

5) there is a ground to doubt the trustworthiness of the employer or user undertaking or host entity for any other reason.

§ 181. Specifications of conditions of issue of temporary residence permit for employment

(1) A temporary residence permit for employment may be issued without meeting the requirement for permission of the Estonian Unemployment Insurance Fund and without meeting the requirement for the amount of remuneration to be paid to a foreign national in one of the following cases:

1) to a foreign national who is a minister of religion, nun or monk, who is invited to Estonia by a religious association and this invitation has been approved by of the Ministry of the Interior;

2) to a foreign national who is a journalist accredited by the Ministry of Foreign Affairs;

3) to a foreign national whose right to take employment in Estonia without a specific permit arises from a treaty;

4) a foreign national who works in a performing arts institution as a person engaged in creative activities for the purposes of the Performing Arts Institutions Act;

5) for employment as a teacher in Estonia in an educational institution which complies with requirements established by the legislation;

6) research activities if a foreign national has appropriate professional training or experience and the research and development institution has signed a hosting agreement with the foreign national, or employment as an academic staff member in Estonia in an educational institution which complies with requirements established by the legislation;

7) for employment as a sportsman, coach, referee or sports official for professional activities on the basis of a summons from a respective sports federation;

8) for employment for the purposes of performing directing or supervisory functions of a legal person governed by public law registered in Estonia;

9) a foreign national is a posted worker for the purposes of the Working Conditions of Workers Posted in Estonia Act;

10) a foreign national has been issued a long-term resident's residence permit of a member state of the European Union;

11) a foreign national has acquired vocational education in Estonia at the fourth or fifth level of vocational training or a higher education in professional higher education or Bachelor's studies, in the studies based on integrated curricula of Bachelor's and Master's studies, in Master's or Doctoral studies;

12) employment in a start-up company.

(2) A temporary residence permit for employment may be issued without meeting the requirement of the permission of the Estonian Unemployment Insurance Fund:

1) for employment as an expert, adviser or consultant provided that a foreign national has appropriate professional preparation for such activities;

2) for the purpose of performing management or supervisory functions of a legal person governed by private law and a branch of a foreign company (hereinafter in this subdivision a legal person governed by private law) entered in the Estonian commercial register;

3) for employment as a top specialist provided that a foreign national has appropriate professional preparation for such activities.

4) for employment in an area specified in the order of the Government of the Republic issued on the basis of subsection 8 of this section.

5) for employment as an intra-corporate transferee on the basis of § 190¹⁴ of this Act;

6) for employment in a growth company;

7) for short-term employment based on subsection 1 of § 176² of this Act.

(3) For the purpose of performing management or supervisory functions of a legal person governed by private law entered in the Estonian commercial register, specified in clause 2 of subsection 2 of this section, a temporary residence permit for employment may be given to a partner of a general partnership or a general partner of a limited partnership, a member of the management board or supervisory board of a private limited company, public limited company, foundation and commercial association, a member of the management board of a non-profit association, a procurator, liquidator, trustee in bankruptcy, auditor, financial inspector, member of the audit committee and manager of a branch of a foreign company.

(4) For the purposes of clause 3 of subsection 2 of this section a top specialist is a foreign national who has acquired appropriate professional training in any field to whom an employer entered in the Estonian commercial register undertakes to pay remuneration for professional work in the amount at least equal to the annual average gross monthly salary in Estonia, last published by Statistics Estonia, and multiplied by a coefficient of 1.5.

(5) On the basis specified in clause 3 of subsection 2 of this section a residence permit for employment may be issued in case the company where a foreign national commences employment has been entered in the Estonian commercial register for at least 12 months and at least one of the following conditions is complied with:

1) the company has at least 65,000 euros of the paid-in equity capital for which immovable property, machinery and equipment has been acquired in Estonia and has been accounted for as fixed assets, or for which investment has been made in another company registered in Estonia which has actual business activity in Estonia or in an investment fund created or established on the basis of the Investment Funds Act;

2) the sales revenue of the company is at least 200,000 euros per year;

3) the social tax paid in Estonia monthly for persons employed in the company is, in the case of remuneration in the amount of five times the annual average gross monthly salary in Estonia, at least equal to the social tax paid in Estonia monthly.

(5¹) The requirement established in subsection 5 of this section that a company is required to be entered in the Estonian commercial register for at least 12 months is not applied in case the parent company has been operating for at least 12 months and the annual turnover of the parent company amounts to at least ten million euros.

(5²) The company specified in subsection 5¹ of this section is required to, after one year as of the day of issue of the residence permit, perform at least one of the conditions provided for in clauses 1–3 of subsection 5 of this section.

(7) A residence permit for employment may be issued on the basis of clause 3 of subsection 2 of this section in case the company where the foreign national commences employment has been entered in the Estonian commercial register for less than 12 months and commences operation with the support of the state or with the support of private investments, having received investment or loan from the state or a private fund management company licenced by the Financial Supervision Authority or a support from a public support measure.

(8) A temporary residence permit for employment may be issued without meeting the requirement for permission of the Estonian Unemployment Insurance Fund for employment in the field in which it is necessary to reduce the shortage of labour in Estonia and employ in Estonia foreign nationals with the necessary knowledge and skills in order to facilitate the development of the Estonian economy, science, education or culture. The Government of the Republic may establish by an order a list of the fields with the shortage of labour for up to two years.

(9) A new temporary residence permit specified in § 176² of this Act may be issued one year after the expiry of the period of validity of the previous temporary residence permit specified in § 176².

§ 181¹. Additional conditions for temporary residence permit for employment for purposes of performing directing or supervisory functions of legal person governed by private law

(1) A temporary residence permit for employment for the purposes of performing directing or supervisory functions of a legal person governed by private law may be granted if the following conditions are met:

1) the legal person governed by private law has been entered in the Estonian commercial register for at least six months before the submission of an application for the residence permit;

2) the legal person governed by private law has been engaged in activities in Estonia for at least six months before the decision is made with regard to the application for the residence permit;

3) for the purposes of performing directing or supervisory functions of the legal person governed by private law the activities of the legal person governed by the private law and the settling of a foreign national in Estonia shall significantly contribute to achieving the purpose of the grant of a temporary residence permit for employment.

(2) A company or a branch of a foreign company for the purpose of performing management or supervisory functions of which the temporary residence permit for employment is applied for is required to have been engaged in actual economic activities in Estonia for at least six months before the submission of an application for the residence permit.

§ 181². Specifications of employment in Estonia of foreign national who has been granted temporary residence permit for employment

(1) A foreign national who has been granted a temporary residence permit for employment may be employed by several employers concurrently following the conditions determined in the residence permit for employment.

§ 181³. Specifications of employment in Estonia of foreign national who has been granted temporary residence permit for employment as temporary agency worker

A foreign national who has been granted a temporary residence permit for employment as a temporary agency worker may commence work for another user undertaking instead of the user undertaking determined in the residence permit or concurrently for the user undertaking determined in the residence permit and also for another user undertaking following the conditions determined in the residence permit for employment.

§ 182. Temporary residence permit for employment as researcher

(1) A temporary residence permit for employment for the purposes of research shall be issued if a foreign national has appropriate professional preparation or experience for such activities and if:

1) the research and development activities of a research and development institution, university or institution of applied higher education have been positively evaluated in at least one area or

2) the educational institution has a valid institutional accreditation or

3) the principal activity of the institution entered in the state register of state and local government authorities is research and development and

4) a hosting agreement for the purpose of conducting research or study has been concluded between the foreign national and the institution specified in clauses 1–3 of this subsection.

(2) There is no need to conclude a hosting agreement if upon entering into the employment contract between a foreign national and the research and development institution the conditions provided for in subsection 1 of § 183 of this Act are followed and the employment contract includes the data prescribed in the regulation established on the basis of clause 8 of subsection 1 of § 224 of this Act.

§ 183. Conditions of concluding hosting agreement

(1) The research and development institution may conclude a hosting agreement if:

1) a foreign national has a permanent legal income for subsistence in Estonia;

2) a foreign national has a valid insurance policy which guarantees that any costs related to his or her medical treatment as a result of illness or injury will be met to the same extent as for a person covered by health insurance during the period of validity of the residence permit applied for, if exemption from the holding thereof does not arise from law or a treaty and;

3) there are finances for research work for the purpose of which the residence permit of a foreign national is applied for.

(2) Upon conclusion of the hosting agreement the research and development institution shall undertake the obligations of an employer provided for in this Subdivision.

§ 184¹. Change of employer

(1) A foreign national may change employer during the period of validity of a temporary residence permit for employment where:

1) the new employer has submitted an application for registration of the change of employment to the Police and Border Guard Board before the foreign national starts working, and

2) the Police and Border Guard Board has verified that employment with the new employer meets the conditions for granting a residence permit provided for in §§ 176–181³, 182, 183 and 190¹–190⁷ of this Act and has registered the change of employment.

(2) Change of the employer provided in subsection 1 of this section during the period of validity of a temporary residence permit is not permitted to a foreign national where:

1) the foreign national has a temporary residence permit for an intra-company transfer, or

2) the foreign national is a posted worker within the meaning of the Working Conditions of Employees Posted to Estonia Act.

(3) Employment with a new employer does not have to meet the conditions for granting a residence permit provided in clauses 1, 2 and 4 of subsection 1 of § 176² of this Act in case the foreign national has a temporary residence permit for short-term employment and continues employment with the new employer on the same basis.

(4) The Police and Border Guard Board does not register a change of employment where:

1) the conditions of subsection 1 of this section are not met or

2) the foreign national is taken into account in calculating the immigration quota and this has been reached before the decision on the application for registration of the change of employment is made.

(5) The Police and Border Guard Board may not review the application for registration of the change of employment where it has assessed the sponsor of the foreign national as unreliable on the basis of subsection 1 of subsection 40² of this Act.

§ 184². Change of employment with the same employer

(1) A foreign national may change a job with the same employer during the period of validity of a temporary residence permit for employment in accordance with § 184¹ of this Act.

(2) Section 184¹ of this Act is not applied where:

1) the conditions specified in the temporary residence permit for employment other than the job do not change, and

2) the new job has the same professional and qualification requirements.

§ 185. Conditions determined in temporary residence permit for employment

(1) The conditions of employment of a foreign national in Estonia are determined in the temporary residence permit for employment, including at least an employer, the location of employment and the position.

(2) If a foreign national is a posted worker in Estonia for the purposes of the Working Conditions of Workers Posted in Estonia Act, a natural or legal person for whom the service is provided in Estonia shall be determined in the temporary residence permit for employment in addition to the conditions provided for in subsection 1 of this section.

(2¹) If a foreign national is applying for temporary residence permit for employment as a temporary agency worker, in addition to the conditions provided for in subsection 1 of this section also the user undertaking is determined in the temporary residence permit issued for employment.

(2²) If a foreign national is applying for a temporary residence permit for an intra-corporate transfer, the host entity registered in Estonia shall be determined in the temporary residence permit in addition to the conditions provided for in subsection 1 of this section.

(3) A foreign national who has been issued a temporary residence permit for employment is allowed to work in Estonia only under the conditions determined in the residence permit unless otherwise provided for in this Act.

(5) In case a foreign national changes employer based on subsection 1 of § 184¹ of this Act, the employment conditions specified in the temporary residence permit issued for employment are replaced by the employment conditions for the new employer.

(6) In case a foreign national changes employment with the same employer based on subsection 1 of § 184² of this Act, the employment conditions specified in the temporary residence permit for employment are replaced by the employment conditions for the new job.

§ 186. Period of validity of temporary residence permit issued for employment

(3) By way of derogation from the time-limit provided in §§ 119 and 132 of this Act, a temporary residence permit for employment for the purposes of performing directing or supervisory functions of a legal person governed by private law can also be issued for a shorter period than for up to five years in the case provided in § 189¹ of this Act and can be extended for a length of the period which is shorter than ten years.

(5) On the basis of § 176² of this Act, a temporary residence permit for short-term employment is granted with the period of validity of up to two years and is not extended.

§ 187. Additional conditions of extension of temporary residence permit for employment

(1) A temporary residence permit for employment may be extended if the current activities of a foreign national have been so far in compliance with the conditions of the issue of a residence permit.

(2) Upon the extension of a temporary residence permit for employment the applicant is required to have the Estonian language proficiency at least at the language proficiency level A2.

(3) The requirement for the Estonian language proficiency specified in subsection 2 of this section shall not be applied to a foreign national who is applying for the extension of:

1) a temporary residence permit for employment with the purpose of research activities on the basis of § 182 of this Act;

2) the EU Blue Card on the basis of § 190¹ of this Act;

3) a temporary residence permit for an intra-corporate transferee on the basis of § 190¹⁴ of this Act, or

4) extension of a temporary residence permit for employment as an academic staff member in Estonia in an educational institution which complies with requirements established by the legislation.

§ 188. Additional bases for refusal to extend temporary residence permit issued for employment

(1) The extension of a temporary residence permit for employment shall be refused if:

1) a foreign national has not fulfilled an obligation related to the temporary stay, residence or employment in Estonia of a foreign national arising from this Act or other legislation or

2) a condition of employment determined in the residence permit has changed.

(2) The following cases are not considered as changes in the employment conditions specified in clause 2 of subsection 1 of this section:

1) a foreign national starts employment for several employers at the same time based on subsection 1 of § 181² of this Act;

2) a foreign national changes employer based on subsection 1 of § 184¹ of this Act;

3) a foreign national changes jobs with the same employer based on §184² of this Act;

4) a foreign national starts working for another user undertaking instead of the user undertaking specified in the residence permit or simultaneously for both the user undertaking specified in the residence permit and the other user undertaking based on § 181³ of this Act;

5) a foreign national is transferred to a host entity of another Member State of the European Union during the period of validity of a temporary residence permit for an intra-corporate transfer;

6) a foreign national is without employment during the period specified in subsection 1, 2 or 3 of § 189³ of this Act.

§ 189. Additional bases for annulment of temporary residence permit for employment

(1) A temporary residence permit for employment shall be revoked if:

1) a foreign national has not fulfilled an obligation related to the temporary stay, residence or employment in Estonia of a foreign national arising from this Act or other legislation or

2) a condition of employment determined in the residence permit has changed.

(2) The following cases are not considered as changes in the employment conditions specified in clause 2 of subsection 1 of this section:

1) a foreign national starts employment for several employers at the same time on the basis of subsection 1 of § 181² of this Act;

2) a foreign national changes employers based on subsection 1 of 184¹ of this Act;

3) a foreign national changes jobs with the same employer based on § 184² of this Act;

4) a foreign national starts employment with another user undertaking instead of the user undertaking specified in the residence permit or simultaneously for both the user undertaking specified in the residence permit and the other user undertaking on the basis of § 181³ of this Act;

5) a foreign national is transferred to a host entity of another Member State of the European Union during the period of validity of a temporary residence permit for an intra-corporate transfer;

6) a foreign national is without employment during the period specified in subsection 1, 2 or 3 of § 189³ of this Act.

§ 189¹. Additional bases for refusal to grant or extend and revocation of temporary residence permit for employment for purposes of performing directing or supervisory functions of legal person governed by private law

The grant or extension of a temporary residence permit for employment which is granted for the purposes of performing the directing and supervisory functions of a legal person governed by private law may be refused or the residence permit revoked if:

1) a foreign national does not provide evidence of the trustworthiness of the current and planned activities of the legal person governed by private law, the partners thereof or the sources of financing;

2) the explanations of the foreign national about the current and planned activities of the legal person governed by private law are not convincing or are controversial;

3) a foreign national does not provide evidence that his or her stay in Estonia on the basis of the residence permit would significantly contribute to the achievement of the purpose of the temporary residence permit granted for employment;

4) a foreign national does not provide evidence of how the activities of a legal person governed by private law would contribute to the achievement of the purpose of the temporary residence permit granted for employment;

5) the current activities of a foreign national or a legal person governed by private law are not in accordance with the purpose of the temporary residence permit granted for employment;

6) a foreign national has failed to comply with the obligation related to the temporary stay, residence or employment of a foreign national in Estonia arising from this Act or any other law.

§ 189³. Unemployment

(1) A foreign national may be unemployed during the period of validity of a temporary residence permit for employment for a total of:

1) up to three months, in case the foreign national has held such a residence permit for less than two years;

2) up to six months, in case the foreign national has held such a residence permit for at least two years.

(2) In case a foreign national is unemployed for more than three months, they must have sufficient legal income to support themselves in Estonia.

(3) A foreign national may be unemployed during the period of validity of a temporary residence permit for employment for a total of:

1) up to three months, in case the foreign national is a victim in the criminal proceedings concerning a criminal offence provided in §§ 133, 133¹, 133², 133³, 138, 138¹, 139, 140 or 175 of the Penal Code or in clause 5 of subsection 1 of § 260¹;

2) during the review of an application for registration of a change of employment, where it is submitted during the period of unemployment specified in subsection 1 of this section;

3) during the review of an application for a permit from the Estonian Unemployment Insurance Fund, in case it is submitted during the period of unemployment specified in subsection 1 of this section.

(4) A foreign national who holds a temporary residence permit for an intra-corporate transfer or who is a posted worker for the purposes of the Working Conditions of Employees Posted in Estonia Act may be unemployed for up to three months during the period of validity of such a residence permit where the employer terminates the employment contract exceptionally for economic reasons in accordance with subsection 1 or 2 of § 89 of the Employment Contracts Act.

(5) The start of unemployment is deemed to be the day following the date of termination of the foreign national's employment relationship.

§ 190. Obligations of sponsor

(1) The employer for the purposes of whose employment the temporary residence permit has been issued to a foreign national has the obligations of a sponsor provided for in this Act.

(1¹) Where a foreign national changes employer based on subsection 1 of § 184¹ of this Act, the obligations of the sponsor are applied to the new employer as of the date on which the foreign national starts employment for the employer.

(2) The obligations of a research and development institution as a sponsor for the purposes of employment for whom a foreign national is issued a residence permit for carrying out science or research work shall terminate after 180 days from the performance by the research and development institution of the notification obligation of the research and development institution provided for in this Act or from expiry of the hosting agreement.

§ 190¹. European Union Blue Card

The Blue Card of the European Union is a residence permit for employment that is issued to a foreign national for residence and employment in Estonia in a position or job that requires higher qualification.

§ 190². Employment that requires higher qualification

For the purposes of this Act employment that requires higher qualification is employment the knowledge and skills for performance of which are attested by a higher professional qualification.

§ 190³. Higher professional qualification

(1) For the purposes of this Act, a higher professional qualification is a qualification which is required for applying for the Blue Card of the European Union, the acquisition of which requires a nominal period of study of at least three years, and which is attested by a document certifying a higher education or higher-level professional skills.

(1¹) Higher education specified in subsection 1 of this section must comply with at least the first level of higher education for the purposes of the Higher Education Act or the sixth level of the European Qualifications Framework.

(1²) The higher-level professional skills specified in subsection 1 of this section are knowledge, skills and competence acquired in the profession, which is confirmed by the required years of professional work experience deemed to be equivalent to the knowledge, skills and competence corresponding to a document certifying higher education when applying for the Blue Card of the European Union. The profession specified in Annex I of Directive (EU) 2021/1883 of the European Parliament and of the Council is considered a profession.

(2) If a foreign national applies for a EU Blue Card for settling to work in a regulated position or profession, the professional qualification of a foreign national shall be assessed on the basis of the Recognition of Foreign Professional Qualifications Act.

(3) If a foreign national applies for a EU Blue Card for settling to work in an unregulated position or profession, the compliance of the document attesting his or her higher education shall be assessed on the basis of subsection 2 of § 28¹ of the Education Act pursuant to the conditions and procedure established by a regulation of the Government of the Republic for the assessment and academic recognition of documents attesting education completed in a foreign state and for the use of a title of qualification acquired in the educational system of a foreign state by an agency competent to assess foreign and cross-border qualifications that enable access to higher education and attestation thereof and the study periods.

(4) The documents, appended to the application for the EU Blue Card by a foreign national, that provide proof of work experience which is required to provide proof of a higher professional qualification shall be assessed by the Police and Border Guard Board.

(5) In the case specified in subsection 2 of this section a foreign national or his or her employer shall submit an application for the assessment of the documents attesting a higher professional qualification to the specified competent agency on the basis of the Recognition of Foreign Professional Qualifications Act regulating.

(6) In the case specified in subsection 3 of this section a foreign national or his or her employer shall submit an application for the assessment of documents attesting a higher education of a foreign national on the basis of subsection 2 of § 28¹ of the Education Act, pursuant to the conditions and procedure established by a regulation of the Government of the Republic for the assessment and academic recognition of documents attesting education completed in a foreign state and for the use of a title of qualification acquired in the educational system of a foreign state, by an agency competent to assess foreign and cross-border qualifications that enable access to and attestation of higher education and the study periods.

(7) In the case specified in subsections 2 and 3 of this section the compliance of the qualification of a foreign national with the requirements is assessed prior to the submission of an application for the EU Blue Card by a foreign national.

§ 190⁴. Provisions applied with regard to EU Blue Card

Upon the issue, extension and revocation of the EU Blue Card a regulation regarding a residence permit for employment is applied, taking into account the specifications of this Subdivision.

§ 190⁵. Specifications of requirements regarding foreign nationals

(1) The Blue Card of the European Union may be issued to a foreign national only for employment in such a position which requires a higher professional qualification.

(2) A holder of the Blue Card of the European Union from another member state of the European Union may commence employment at the latest 30 days after submitting an application for the Estonian Blue Card of the European Union.

(3) In case there are deficiencies in the application specified in subsection 2 of this section, the holder of the Blue Card of the European Union from another member state of the European Union may commence employment at the latest 30 days after the deficiencies have been eliminated.

§ 190⁶. Specifications of requirements for issue of residence permit

For the issue of the Blue Card of the European Union an employer must enter into an employment contract with a foreign national for the period of at least six months before the lodging of an application for residence permit, or make a job offer by which the employer expresses their will to be legally bound with the employment contract to be concluded and undertakes to employ the foreign national for the period of at least six months in a position requiring a higher qualification which is determined in the contract entered into or in the job offer made.

§ 190⁷. Specifications of requirements regarding payment of remuneration

(1) An employer is required to pay remuneration to a foreign national during the period of validity of an EU Blue Card the amount of which is at least equal to 1.5 times the annual average gross monthly salary, as last published by Statistics Estonia.

(2) An employer is required to pay remuneration to a foreign national during the period of validity of an EU Blue Card the amount of which is at least equal to 1.24 times the annual average gross monthly salary, as last published by Statistics Estonia, in the following cases:

1) employment as a top specialist or a supervisor;

2) employment as a top specialist in natural or technical science;

3) employment as a top specialist in health service;

4) employment as a specialist in pedagogics;

5) employment as a specialist in business or administration;

6) employment as a specialist in information or communication or

7) employment as s specialist in legal, cultural or social sphere.

§ 190¹⁰. Specifications of bases of refusal to extend and revocation of Blue Card of European Union

(1) The Blue Card of the European Union is revoked in case the employer company is established or operates with the main purpose of facilitating the arrival of foreign nationals in Estonia.

(3) In case the holder of the Estonian Blue Card of the European Union applies for the Blue Card of the European Union in another member state of the European Union, the Estonian Blue Card of the European Union is not revoked until the other member state of the European Union has made a decision regarding the issue of the Blue Card of the European Union.

§ 190¹¹. Specifications of period of validity of temporary residence permit for employment

(1) If a foreign national is issued an EU Blue Card, the period of validity thereof is determined for three months longer than the period of employment guaranteed by an employer taking into account that the period of validity of an EU Blue Card cannot exceed two years and three months.

(2) An EU Blue Card may be extended for up to four years and three months at a time.

§ 190¹². Specifications of bases for refusal to extend temporary residence permit for employment and revocation thereof

(1) The extension of the Blue Card of the European Union is refused, or it is revoked in case:

1) during the first 12 months of the period of validity of the Blue Card of the European Union, its holder has commenced employment for another employer, who did not have permission from the Estonian Unemployment Insurance Fund to fulfil the position with a foreign national.

(2) The extension of the Blue Card of the European Union may be refused or revoked in case the holder of the Blue Card of the European Union has been granted subsistence allowance during the period of its validity period.

(3) When applying subsection 2 of this section, the sufficiency of the legal income of the holder of the Blue Card of the European Union is assessed based on its type and regularity, as well as the number of family members and their contribution to the household income.

(4) Before the refusal to extend or revocation of the Blue Card of the European Union on the grounds that the employer complies with the basis provided in clause 2 or 3 of subsection 2 of § 180 of this Act or the holder of the Blue Card of the European Union does not comply with the requirement for a higher professional qualification provided in subsection 1 of § 190³ or the conditions agreed in the collective agreement are not met, the Police and Border Guard Board notifies the holder of the Blue Card of the European Union thereof and provides the holder with the following to find a job which meets the requirements of this Act:

1) a period of at least three months, in case the holder of the Blue Card of the European Union has worked for up to two years;

2) a period of at least six months, in case the holder of the Blue Card of the European Union has worked for at least two years.

(5) The Blue Card of the European Union may be extended or not revoked temporarily but for a maximum length of 12 months, due to illness, disability or parental leave in case:

1) the holder of the Blue Card of the European Union does not have an employment contract for highly qualified employment;

2) the remuneration of the holder of the Blue Card of the European Union does not comply with the provisions of § 190⁷ of this Act.

§ 190¹³. Specifications regarding legal status of foreign national applying for EU Blue Card

If a foreign national who holds an EU Blue Card issued by another member state of the European Union is applying for an EU Blue Card in Estonia, his or her stay in Estonia is legal until the making of a decision with regard to the application.

§ 190¹⁴. Temporary residence permit for intra-corporate transfer

A temporary residence permit for an intra-corporate transfer is a residence permit for employment which is issued to a foreign national who is transferred for the purposes of employment or practice within the company into Estonia from a company located outside a member state of the European Union into a host entity.

§ 190¹⁵. Application for temporary residence permit issued for intra-corporate transfer

(1) A foreign national whose residence is outside a member state of the European Union shall submit an application for an issue of an intra-corporate transferee permit into Estonia in the case the intended period of stay in Estonia is the longest out of the whole period of the intra-corporate transfer intended in the European Union.

(2) If the intended period of stay in Estonia is at least equal to the period of employment intended in another member state of the European Union, a foreign national may submit an application in Estonia if Estonia is the first member state where the intra-corporate transferee commences employment.

§ 190¹⁶. Provisions applied to temporary residence permit issued for intra-corporate transfer

(1) The regulation of a residence permit for employment shall be applied upon the issue, extension and revocation of a temporary residence permit for intra-corporate transfer, taking account of the specifications provided for in this Subdivision.

(2) The rights, obligations and responsibility of an employer arising from this Act shall extend to a host entity.

(3) A contract with regard to work relations entered into in a foreign state shall be deemed an employment contract if it is in compliance with the provisions of the Employment Contracts Act with regard to the employment contract.

(4) The Private International Law Act shall be applied in the choice of the law applicable to the contract entered into with regard to the work relations of an intra-corporate transferee.

§ 190¹⁷. Additional requirements for foreign national

A temporary residence permit for an intra-corporate transfer may be issued to a foreign national who is employed in a company in the framework of an intra-corporate transfer:

1) as a specialist if he or she has expertise in the areas of activity, working techniques or management of the host entity and the corresponding qualification;

2) as an executive if he or she is subject to the control of the management or supervisory board of the host entity and is in charge of a company, department or its subdivision established in Estonia;

3) as a trainee employee if he or she holds an academic degree and the purpose of the practice is to undergo training related to the organisation or methods of the company.

§ 190¹⁸. Additional requirements for issue of temporary residence permit for intra-corporate transfer

A temporary residence permit for an intra-corporate transfer may be issued if:

1) the host entity belongs to the same group with a company or is a branch of a company located outside a member state of the European Union;

2) an intra-corporate transferee holds an employment contract with a company located outside a member state of the European Union on the basis of which the host entity undertakes to employ the person according to the conditions determined in the employment contract;

3) an intra-corporate transferee has been employed just before the transfer of the company in a company or branch of a company belonging to the same group with the company as an executive or specialist for at least 12 consecutive months and as a trainee employee for at least six consecutive months.