Välismaalasele rahvusvahelise kaitse andmise seadus (VRKS)

§ 2. Use of terms in legislation of European common international protection system

This Act uses the terms defined in the legislation of the European common international protection system referred to in § 1 of this Act.

§ 3. Foreign national and third country national

(1) A foreign national is a third country national or a stateless person.

(2) A third-country national is a person who is a citizen of a country other than a Member State of the European Union, a Member State of the European Economic Area or the Swiss Confederation.

§ 4. Final decision and its appeal

(1) A final decision for the purposes of this Act is:

1) a decision refusing to grant international protection (hereinafter also the refusal decision) regarding an application for international protection (hereinafter also the application) or a decision to withdraw international protection, which has not been contested in an administrative court by the deadline for filing an appeal;

2) a negative decision on an application for international protection or a decision on the revocation of international protection that has not been contested in an administrative court within the statutory time limit for appeal;

3) a decision to recognise the applicant as a refugee or beneficiary of subsidiary protection and to grant them international protection.

(2) The international protection procedure terminates upon the making of a final decision.

(3) An appeal may be filed with an administrative court against a negative decision on the application.

§ 5. Temporary protection and beneficiary of temporary protection

(1) Temporary protection is a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of foreign nationals who are unable to return to their country of origin, immediate and temporary protection to foreign nationals, in particular where there is also a risk that the international protection system is unable to process this influx without adverse effects for its efficient operation in the interests of foreign nationals requesting temporary protection.

(2) A beneficiary of temporary protection is a foreign national who is forced to leave their country or region of origin, primarily as a result of an appeal by international organisations, or who has been evacuated from there, and who is unable to return safely and permanently due to the situation prevailing in that country, and who may fall within the scope of the provisions regulating international protection and:

1) who has fled an area of armed conflict or constant violence;

2) who is at serious risk of becoming, or who has become a victim of systemic or widespread violations of human rights.

(3) Mass influx is the arrival of a large number of foreign nationals from a specific country or geographical area, either spontaneously or as planned in an evacuation plan.

§ 6. Family member

(1) A family member of an applicant and beneficiary of international protection is:

1) their spouse or registered partner;

2) an unmarried and minor child of them or their spouse or registered partner;

3) an unmarried adult child of them or their spouse or registered partner in case the child is unable to cope independently due to a health condition or disability;

4) a parent or grandparent maintained by them or their spouse or registered partner where the country of origin does not provide support resulting from other family ties.

5) their parent or guardian where the applicant is a minor, unless their legal capacity has been extended for the purpose of marriage and their spouse is considered a family member;

6) their parent or guardian or other family member, where the applicant is an unaccompanied minor, unless this would be contrary to the rights and interests of the minor.

(2) For the purposes of this Act, a person who is not the spouse or registered partner of the applicant may also be considered a family member where:

1) they lived in a permanent cohabitation with the applicant in a common household before arriving in Estonia;

2) there is a genuine family relationship between them and the applicant;

3) the marriage or registration of a partnership between them and the applicant was not possible in their country of residence due to circumstances beyond their control;

4) the relationship between them and the applicant complies with the purpose of this Act to protect family and private life, and

5) the circumstances specified in clauses 1–4 of this subsection have been factually proven by the applicant and, upon assessing this evidence as a whole, it can be concluded that there is actual cohabitation.

(3) The Police and Border Guard Board does not consider the spouse of an applicant and a beneficiary of international protection as a family member where the marriage is manifestly incompatible with public policy.

(4) Family members are considered to be family where family existed before arrival in Estonia.

§ 7. Tasks of competent authorities

(1) The Police and Border Guard Board performs the functions of the competent authority provided in the legislation of the European Common International Protection System, unless otherwise provided by law, including:

1) is the determining authority referred to in clause 15 of Article 3 of Regulation (EU) 2024/1347 of the European Parliament and of the Council;

2) performs the tasks set out in subsections 1–3 of Article 4 of Regulation (EU) 2024/1348 of the European Parliament and of the Council;

3) is the authority determining the Member State responsible referred to in subsection 1 of Article 52 of Regulation (EU) 2024/1351 of the European Parliament and of the Council;

4) is a screening authority referred to in clause 10 of Article 2 of Regulation (EU) 2024/1356 of the European Parliament and of the Council;

5) performs the functions of the national contact point set out in Articles 3 and 24 of Regulation (EU) 2021/2303 of the European Parliament and of the Council on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, pp 1–54);

6) performs the tasks specified in Articles 60–65 and 67–69 of Regulation (EU) 2024/1351 of the European Parliament and of the Council.

(2) The Social Insurance Board (hereinafter also the guarantor of material reception conditions) organises the reception of a beneficiary of temporary protection and an applicant for international protection, unless otherwise provided in this Act.

(3) The Ministry of Culture organizes an adaptation programme.

(4) The Chancellor of Justice performs the task of monitoring fundamental rights referred to in subsection 4 of Article 43 of Regulation (EU) 2024/1348 of the European Parliament and of the Council and Article 10 of Regulation (EU) 2024/1356 of the European Parliament and of the Council.

§ 8. Cooperation with international organisations and European Union agencies, institutions and Member States

(1) In resolving the problems of applicants and beneficiaries of international protection, the Ministry of Culture, the Ministry of the Interior, the Ministry of Social Affairs, the Social Insurance Board and the Police and Border Guard Board cooperate with the Office of the United Nations High Commissioner for Refugees, assisting it in supervising the application of laws, international agreements and European Union legislation.

(2) The Ministry of Culture, the Ministry of the Interior, the Ministry of Social Affairs, the Social Insurance Board and the Police and Border Guard Board ensure the fulfilment of the obligations under the legislation specified in subsection 1 of this section and forward information and statistical data to the United Nations High Commissioner for Refugees regarding the following circumstances:

1) the situation of applicants for and beneficiaries of international protection;

2) the application of legislation;

3) legislation in force and to be established regarding applicants for and beneficiaries of international protection.

(3) Upon the proposal of the ministers in charge of the policy sector the Government of the Republic informs the Council of the European Union of the ability of Estonia to receive foreign nationals in need of temporary protection.

(4) The Ministry of Culture, the Ministry of the Interior, the Ministry of Social Affairs, the Social Insurance Board and the Police and Border Guard Board organise the exchange of information and, within the limits of their competence, cooperate with other countries and with the agencies and institutions of the European Union for the implementation of the legislation of the Common European System of International Protection and this Act.

(5) The Police and Border Guard Board may request assistance from the European Union Agency for Asylum in accordance with the procedure provided in Regulation (EU) 2021/2303 of the European Parliament and of the Council in order to perform the tasks provided in this Act.

(6) An official seconded by the European Union Agency for Asylum does not have the right to make a decision to grant international protection and a residence permit, to refuse to grant it, to withdraw international protection and to revoke a residence permit, nor to oblige the applicant to comply with restrictions on freedom of movement or alternatives to detention.

(7) An official seconded by the European Union Agency for Asylum has the competence and powers, when performing the tasks provided in this Act, in accordance with an international agreement or a European Union legal act.

(8) On the basis of an international agreement or a legislation of the European Union, the Police and Border Guard Board may be involved in the processing of an application for international protection in the territory of another state. The Police and Border Guard Board has competence and powers in the territory of another state in accordance with the international agreement or a legal act of the European Union.

§ 9. Protection of information in temporary protection and international protection proceedings

(1) Information on temporary protection and international protection procedures is for internal use in accordance with Article 7 of Regulation (EU) 2024/1348 of the European Parliament and of the Council and is retained for up to ten years in accordance with Article 72 of the same Regulation.

(2) The transfer of data collected about an applicant to a foreign state and the collection of data about an applicant from a foreign state is permitted for the purpose of fulfilling an obligation arising from an international agreement, European Union law or this Act. Upon transferring data to a foreign state, it is ensured that the information is not transferred to the country of origin of an applicant.

(3) Where data collected in the course of temporary protection and international protection proceedings are transferred to an institution other than that specified in this Act, the obligations provided in subsections 1 and 2 of this section also apply to the officials and employees of that institution.

§ 10. Processing of data

(1) In the procedures provided in this Act, the competent authorities specified in § 7 of this Act may process the data listed in § 104. The data of the proceedings conducted on the basis of this Act are processed in the register of granting international protection. The data of the background check of an applicant for international protection are processed in the database of foreign nationals staying and having stayed in Estonia without legal basis, and after the background check, the data are forwarded to the register of granting international protection.

(2) A foreign national is required to provide the data specified in § 104 of this Act to the competent authorities for the performance of the duties provided in this Act.

(3) Personal data obtained from a foreign state, or an international organization may be processed for the performance of obligations arising from an international agreement, a legislation of the European Union or other legislation.

(4) The right of a data subject to receive information and access to personal data collected about them, as well as the right to access information concerning them entered in the database, including the procedural file, may be restricted where it may:

1) obstruct or impair the prevention, detection or prosecution of an offence or the execution of a sentence;

2) damage the rights and freedoms of another person;

3) endanger the security of the Republic of Estonia, another Member State of the European Union, a Member State of the Schengen Convention or a Member State of the North Atlantic Treaty Organization;

4) jeopardize the protection of public order.

(5) The restriction on the disclosure of data specified in subsection 4 of this section applies to the following rights of the data subject:

1) to be informed about the processing of their personal data, including what personal data is being processed, as well as the manner, method, purpose, legal basis, scope and reason for the processing;

2) to be informed about the recipients of their personal data and the categories of personal data to be disclosed and whether their personal data are transferred to a foreign state or international organization;

3) to request the restriction of the processing of their personal data;

4) to object to the processing of their personal data;

5) to be informed of a breach related to their personal data.

(6) The restriction on the disclosure of data referred to in subsection 4 of this section may also be applied to the data received from a foreign state or an international organization.

(7) The restriction on the disclosure of data referred to in subsection 4 of this section does not apply to the data specified in clauses a–g and i of Article 17 of Regulation (EU) 2024/1356 of the European Parliament and of the Council.

(8) Where the basis for the restriction on the disclosure of data specified in subsection 4 of this section ceases to apply, the application of this restriction is terminated and the data subject is provided with information about the personal data collected about them, the data entered in the database and the procedural file and access to them is ensured.

§ 11. Resettlement and solidarity mechanism and deciding on their implementation

(1) Migration management measures comprise resettlement and the solidarity mechanism.

(2) Resettlement is the admission from a third country of a person who has been granted international protection and a residence permit, as provided in Regulation (EU) 2024/1350 of the European Parliament and of the Council.

(3) The Solidarity Mechanism is a set of measures set out in Regulation (EU) 2024/1351 of the European Parliament and of the Council to support Member States of the European Union under migratory pressure.

(4) The Government of the Republic decides on participation in resettlement and support through the solidarity mechanism of other Member States, coordinating the decisions with the European Union Affairs Committee of the Riigikogu.

(5) The decision on resettlement referred to in subsection 4 of this section specifies at least the limit number of persons to be resettled to Estonia, the country of origin and the year of resettlement.

(6) The decision on the solidarity mechanism specified in subsection 4 of this section determines:

1) the limit number and year for the admission of applicants for international protection or persons granted international protection to Estonia;

2) financial support or

3) alternative support measures in accordance with Regulation (EU) 2024/1351 of the European Parliament and of the Council.

(7) A foreign national may be resettled to Estonia after the Police and Border Guard Board has made a decision to recognise the person as a beneficiary of international protection.

(8) The procedures for requesting and allocating assistance from European Union Member States through the solidarity mechanism are determined by the minister in charge of the policy sector.

§ 12. Transfer of foreign national to responsible European Union Member State and appealing transfer decision

(1) In case the Police and Border Guard Board decides to initiate proceedings for the surrender of a foreign national in accordance with the procedure provided in Regulation (EU) 2024/1351 of the European Parliament and of the Council, the provisions of subsection 2 of Article 44 of the specified Regulation is applied to the detention of the foreign national.

(2) The Police and Border Guard Board formalises the decision to transfer a foreign national to the responsible European Union Member State (hereinafter also the decision on transfer) in writing.

(3) The Police and Border Guard Board may issue a transfer decision in the decision refusing to grant international protection.

(4) The Police and Border Guard Board may, in the decision on transfer, set a time limit of 7 to 30 days for the voluntary compliance with the obligation to leave.

(5) The Police and Border Guard Board may extend the time limit for voluntary compliance with the obligation to leave specified in the decision on transfer by up to 30 days.

(6) The Police and Border Guard Board may not specify a term for voluntary compliance with the obligation to leave in the decision on transfer in case there are grounds for the detention of a foreign national specified in subsection 2 of § 65 of this Act.

(7) The Police and Border Guard Board may apply restrictions on freedom of movement and alternatives to detention to a foreign national during the transfer procedure.

(8) The obligation to leave of a foreign national is enforced in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act.

(9) The transfer decision cannot be contested by means of a challenge procedure. A foreign national may file a complaint with an administrative court against the decision on transfer in accordance with the procedure provided in the Code of Administrative Court Procedure within 14 days as of the date of notification of the decision.

(10) Upon contesting the transfer decision, a foreign national has the right to stay in Estonia for 14 days as of the date of delivery of the transfer decision or until the administrative court makes an order on their right to stay in Estonia specified in subsection 13 of this section.

(11) Upon contesting a transfer decision, a foreign national has the right to receive legal aid and representation in administrative court proceedings on the basis of the provisions of this Act concerning applicants for international protection.

(12) In case a foreign national wishes to contest a transfer decision and to obtain legal aid to represent themselves in administrative court proceedings and the right to remain in Estonia until the administrative court makes a decision regarding the transfer decision and to suspend the deadline of the transfer for that period, the relevant applications must be submitted to the administrative court together with the complaint.

(13) The administrative court resolves by a court order the applications for stay in Estonia specified in subsection 12 of this section together with the acceptance of the complaint against the transfer decision into proceedings.

§ 13. Designation of safe third country and safe country of origin

(1) The Police and Border Guard Board may establish a list of safe third countries and safe countries of origin.

(2) When establishing the list, the provisions of subsections 1 and 2 of Article 59 and subsections 1, 3 and 4 of Article 61 of Regulation (EU) 2024/1348 of the European Parliament and of the Council are taken into account.

(3) The Police and Border Guard Board examines and, where necessary, updates the list of safe third countries and safe countries of origin at least once a year.

(4) The Police and Border Guard Board notifies the European Commission and the European Union Agency for Asylum of the list of safe third countries and safe countries of origin and any amendments thereto in accordance with the procedure provided in subsection 4 of Article 64 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

§ 14. Representation of minor foreign national

(1) The provisions of Chapter 12 of the Family Law Act apply to the representation of a minor foreign national, taking into account the specifications provided in this Subchapter.

(2) It is assumed that a parent, guardian or other responsible adult residing in Estonia with a minor foreign national has the right of custody. At the request of the Police and Border Guard Board or the Estonian Internal Security Service a parent, guardian or another responsible adult person is required to prove the existence of the right of custody.

(3) Upon performing procedural acts with a minor foreign national, a responsible adult is present during the performance of procedural acts, unless, in the opinion of the Police and Border Guard Board, this is not in the interests of the minor in accordance with subsection 4 of o Article 22 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

(4) The provisions of this Act regarding the representation of a minor foreign national also apply to an adult applicant with limited legal capacity.

§ 15. Representation of unaccompanied minor foreign national

(1) The provisions of Chapter 12 of the Family Law Act are applied to the representation of an unaccompanied minor foreign national (hereinafter in this section unaccompanied minor), taking into account the specifications provided in this Subchapter. The Police and Border Guard Board notifies the Social Insurance Board of the need to represent an unaccompanied minor.

(2) A foreign national to whom a guardian who is a natural person has been appointed by the court in Estonia is not deemed to be an unaccompanied minor.

(3) The duties of a guardian of an unaccompanied minor may be performed by a person who is trustworthy and has the knowledge and skills necessary to represent the unaccompanied minor. The performance of the duties of a guardian is not assigned to a person whose interests are in conflict or may potentially conflict with the interests of the unaccompanied minor.

(4) In case the duties of a guardian of an unaccompanied minor are performed by a rural municipality or city government on the basis of the Family Law Act or the unaccompanied minor is represented by the Social Insurance Board in the cases provided in subsection 8 of this section, one natural person may represent up to 30 unaccompanied minor applicants at the same time. In an emergency caused by mass influx, up to 50 unaccompanied minor applicants may be represented at the same time.

(5) The person performing the duties of a guardian of an unaccompanied minor (hereinafter in this section the representative) must meet with the unaccompanied minor prior to any procedural acts requiring the participation of the minor. The representative is present during such procedural acts and takes into account the views of the unaccompanied minor regarding their needs.

(6) Information regarding the appointment of a representative and the possibility of filing an appeal against the representative in a safe and confidential manner with an administrative court is provided to the unaccompanied minor in a manner that ensures that the unaccompanied minor understands this information.

(7) The Police and Border Guard Board and other authorities that have information that a representative has not performed their duties properly or that the representative does not meet the requirements provided in subsection 1 of this section notify the rural municipality or city government performing the duties of a guardian and, in the cases provided in subsection 8, the Social Insurance Board thereof.

(8) In an emergency caused by mass influx or in another case where the rural municipality or city government cannot temporarily perform the duties of representing an unaccompanied minor due to an unforeseen large number of unaccompanied minors, the Social Insurance Board may, until a guardian is appointed under the Family Law Act, perform the duties related to representing an unaccompanied minor in procedural acts of the Police and Border Guard Board or enter into a contract for this purpose with a natural or legal person.

§ 16. Free legal aid

(1) The Police and Border Guard Board arranges the provision of free legal aid to a foreign national on the bases and in accordance with the procedure provided in this Act. For the provision of free legal aid, the Police and Border Guard Board enters into an agreement with one or more natural or legal persons.

(2) A foreign national has the right to receive free legal aid for their representation:

1) in international protection proceedings;

2) in administrative court proceedings, in case a foreign national contests a decision made on the basis of Regulation (EU) 2024/1347, (EU) 2024/1348 or (EU) 2024/1351 of the European Parliament and of the Council, and an administrative act imposing an obligation to leave and a ban on entry on a foreign national;

3) in administrative court proceedings, in case a foreign national contests a decision that restricted their material reception conditions, permission to leave the territory of the county of their accommodation was not granted, or restrictions on freedom of movement and alternatives to detention were applied;

4) in administrative court proceedings, in case a foreign national contests their detention on the basis provided in this Act.

(3) An application for free legal aid for representation in international protection proceedings is submitted by a foreign national to the Police and Border Guard Board together with the application for international protection. The Police and Border Guard Board does not provide free legal aid to a foreign national referred to in subsection 3 of Article 16 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

(4) The representative of a foreign national in international protection proceedings continues to provide legal aid in administrative court proceedings.

(5) In case a foreign national has not submitted an application to the Police and Border Guard Board for free legal aid in international protection proceedings and requests free legal aid in administrative court proceedings, the Police and Border Guard Board appoints a representative for the foreign national.

(6) The Police and Border Guard Board does not appoint a representative where:

1) the circumstances referred to in subsection 3 of Article 16 of Regulation (EU) 2024/1348 of the European Parliament and of the Council exist;

2) the circumstance referred to in clause a, c or d of subsection 2 of Article 17 of Regulation (EU) 2024/1348 of the European Parliament and of the Council occurs.

(7) When deciding to accept an appeal for processing, the administrative court terminates the provision of legal aid where the condition provided in subsection 2 of Article 17 of Regulation (EU) 2024/1348 of the European Parliament and of the Council exists.

(8) The court may, upon the request of the beneficiary of free legal aid or on its own initiative, remove a representative from the provision of free legal aid by an order in case the representative has shown themselves to be incompetent or negligent. The court may require the representative to provide an explanation in this regard. Where necessary, the court forwards the order on the removal of a representative to the Police and Border Guard Board for the appointment of a new free legal aid representative.

(9) In administrative court proceedings, free legal aid is provided upon contesting the decisions specified in clauses 2 and 3 of subsection 2 of this section until the administrative court has made a decision to dismiss the complaint filed by the foreign national. The free legal aid for contesting the detention of a foreign national is provided until the detention of the foreign national on the basis provided in this Act.

(10) An appeal may be filed with an administrative court against a decision of the Police and Border Guard Board refusing to provide free legal aid on the basis provided in clause b of subsection 2 of Article 17 of Regulation (EU) 2024/1348 of the European Parliament and of the Council within ten days as of the date of notification of the decision, in accordance with the procedure provided in the Code of Administrative Court Procedure.

(11) An appeal against an order of an administrative court dismissing an appeal, refusing to provide free legal aid or terminating the provision of free legal aid cannot be filed.

(12) A foreign national who has received free legal aid is not provided with state legal aid in the same matter at the same time, except in the case specified in subsection 13 of this section.

(13) In case a foreign national wishes to contest the decision in the Supreme Court and the person representing the foreign national under the free legal aid regime does not meet the requirements provided in subsection 2 of § 32 of the Code of Administrative Court Procedure, the foreign national has the right to submit an application for state legal aid in accordance with the procedure provided in the State Legal Aid Act.

§ 17. Representative of applicant in proceedings

(1) All rights and obligations provided in the common international protection acquis of the European Union apply to the representative of the applicant.

(2) During a personal interview, the representative of an applicant has the right to ask questions and make comments at the end of the interview.

§ 18. Rights of applicant

(1) An applicant for international protection is guaranteed the rights and freedoms arising from the Constitution, laws and other legislation of the Republic of Estonia, as well as international agreements, European Union legislation, generally recognised norms of international law and international customs.

(2) In the international protection procedure, an applicant has the rights provided in Regulation (EU) 2024/1348 of the European Parliament and of the Council and, where applicable, in Regulation (EU) 2024/1351 of the European Parliament and of the Council.

(3) In addition to the provisions of subsection 2 of this section, an applicant for international protection has the right:

1) to receive, at the first opportunity, but no later than three days after expressing the wish to submit an application for international protection, information on their rights and obligations in writing on the form of the European Union Agency for Asylum and, where necessary, orally or visually, and in a language or manner that they understand, including information on legal aid, assistance related to reception conditions, organisations providing information, the timetable for the international protection procedure and the consequences of failure to comply with obligations;

2) to stay in Estonia until a final decision is made concerning the application for international protection, except in the cases provided in this Act;

3) to receive assistance related to reception conditions, in particular access to healthcare services, the labour market and education to the extent and in accordance with the procedure provided in this Act;

4) to get support based on their special needs;

5) to communicate with family members, legal counsel, relevant competent state authorities, representatives of international or non-governmental organizations, and the United Nations High Commissioner for Refugees;

6) where necessary, to receive victim assistance services on the basis and in accordance with the procedure provided in the Victim Assistance Act;

7) to receive free legal aid for representation of themselves to the extent and in accordance with the procedure provided in this Act;

8) to be employed in Estonia where, within six months as of the registration of the application for international protection, no decision has been made concerning the application for reasons beyond their control, unless the substantive examination of the application has been expedited in accordance with clauses a–f of subsection 1 of Article 42 of Regulation (EU) 2024/1348. In such a case, the applicant is not granted access to the labour market, and the previously granted access is withdrawn.

(4) Unless otherwise provided by law, the rights of the applicant in the international protection procedure are guaranteed or are organised by the Police and Border Guard Board.

§ 19. Right of applicant to stay in Estonia

(1) An applicant for international protection has the right to stay in Estonia until a final decision is made on their application.

(2) An applicant for international protection does not have the right to stay in Estonia until a final decision is made where a decision specified in subsection 3 of Article 68 of Regulation (EU) 2024/1348 of the European Parliament and of the Council has been made regarding their application.

(3) Where a beneficiary of international protection has applied for a residence permit during the period of legal stay in Estonia and before a decision is made to withdraw international protection due to the end of international protection, they have the right to stay in Estonia until a decision is made regarding the application for a residence permit on the basis provided in the Foreign Nationals Act.

(4) In the case specified in subsection 2 of this section, an applicant for international protection has the right, within the term for contesting the decision of refusal, to apply to a court for the right to stay in Estonia until a final decision is made on their application.

(5) Where an applicant for international protection has contested the decision made regarding their application in court and has submitted to the court an application for the stay in Estonia specified in subsection 4 of this section, they may not be expelled from Estonia until the court has terminated the right of the applicant to stay in Estonia.

(6) The court resolves by an order the application for the stay in Estonia referred to in subsection 3 of this section together with the acceptance of the complaint filed against the decision of refusal to grant international protection.

(7) Where the applicant for international protection has not submitted the application specified in subsection 4 of this section, the court may, on its own initiative, permit the applicant for international protection to stay in Estonia based on and in accordance with clause 4 of Article 68 of Regulation (EU) 2024/1348.

(8) In the case of a first subsequent application for international protection, which was submitted solely to postpone the obligation to leave or to prevent its execution, the foreign national has the right to stay in Estonia until the Police and Border Guard Board has made a negative decision regarding their application. An application submitted to a court by a foreign national to stay in Estonia does not suspend their expulsion from Estonia. The submission of the second and further subsequent application for international protection does not give the applicant the right to stay in Estonia.

(9) An applicant for international protection does not have a legal basis for entering or staying in Estonia where:

1) The Police and Border Guard Board conducts a screening on them on the basis of and in accordance with the procedure provided in Regulation (EU) 2024/1356 of the European Parliament and of the Council;

2) their application is examined in the border procedure for international protection on the basis of and in accordance with the procedure provided in subsection 1 of Article 43 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

(10) During the conduct of screening and border procedure, the applicant for international protection stays at the location designated by the Police and Border Guard Board.

§ 20. Obligations of applicant

(1) The applicant is required to comply with the Estonian constitutional order and the Estonian legislation and to respect constitutional values and principles, the state based on freedom, justice and law, and the Estonian social order, the Estonian language and culture.

(2) The applicant is required to contribute in every way to the establishment of the circumstances of the application for international protection. In addition to Article 9 of Regulation (EU) 2024/1348 of the European Parliament and of the Council and Article 17 of Regulation (EU) 2024/1351 of the European Parliament and of the Council, the applicant is obligated to:

1) notify the Police and Border Guard Board of any change in their marital status and of the birth of a child;

2) permit examination of their health condition for public health protection reasons;

3) comply with the restriction on the freedom of movement and the alternative to detention applied to them on the basis of subsection 1 of § 60 or subsection 2 of § 67 of this Act.

(3) The obligation to cooperate in international protection proceedings also extends to the representative of an applicant for international protection in case the representative has information or documents that contribute to the identification of the applicant for international protection and their citizenship, the verification of identity or the clarification of the circumstances of the application.

(4) Where, at the time of using the services related to the reception conditions provided in this Act, except for the provision of emergency care, an applicant for international protection had sufficient financial resources to pay for the specified services, the applicant is obliged to reimburse the expenses incurred.

(5) The procedure for reimbursement of services related to the reception conditions of applicants for international protection is established by a regulation of the minister in charge of the policy sector.

(6) During the international protection procedure, the applicant is not permitted to be employed in Estonia or engage in business in Estonia, except in the case provided in this Act. In the event of violation of the prohibition on employment or business, the provisions of the Foreign Nationals Act are applied.

§ 21. Assessment and consideration of special reception needs of applicant and need for special procedural guarantee

(1) In the international protection procedure, upon organising material reception conditions, applying restrictions on freedom of movement and alternatives to detention, and detaining an applicant, the special reception needs of the applicant and the special situation of an applicant requiring special procedural guarantees and the needs arising therefrom are assessed and taken into account.

(2) An applicant with special reception needs or in need of special procedural guarantees is, in particular, a minor, an unaccompanied minor, a disabled person, an elderly person, a pregnant person, a single parent with a minor child, a victim of human trafficking, a person with a serious illness, a person with a mental or behavioural disorder, a victim of torture or rape, a person who has been subjected to other psychological, physical or sexual violence, and a person who belongs to a minority group due to sexual orientation or gender identity.

(3) A person is considered to be an applicant with special reception needs or in need of special procedural guarantees where the Police and Border Guard Board or another administrative authority has identified such a need. In such a case, the specifications provided in Regulation (EU) 2024/1348 of the European Parliament and of the Council on special procedural guarantees and in this Act regarding special reception needs are applied to them and they are provided with appropriate support.

(4) The assessment of the special reception needs of an applicant and the need for special procedural guarantees are based primarily on visible physical characteristics, the statements or behaviour of the applicant or, where appropriate, on the statements of the parents of the applicant or an adult responsible for them or a person performing the duties of a guardian.

(5) Where necessary and with the consent of the applicant, a competent authority or expert is involved in identifying the special reception needs and the need for special procedural guarantees. The special reception needs and the need for special procedural guarantees are identified as soon as possible, but within 30 days after submitting the application for international protection.

(6) The Police and Border Guard Board records the assessment of the special reception needs of an applicant and the need for special procedural guarantees in writing and determines the special reception needs and need for special procedural guarantees to be granted to the applicant. The Police and Border Guard Board takes into account the assessment of the competent authority or expert specified in subsection 5 of this section. Where the applicant does not agree that the special reception needs and need for special procedural guarantees are identified by the competent authority or expert, the Police and Border Guard Board may decide that the person is not considered an applicant with special reception needs or need for special procedural guarantees.

(7) All administrative bodies and persons who come into contact with the applicant monitor the special reception needs of the applicant and the need for special procedural guarantees and take this into account throughout the entire international protection procedure, also taking into account the special reception needs and the need for special procedural guarantees that have emerged at a later stage of the international protection procedure.

(8) The Police and Border Guard Board forwards information on the special reception needs of the applicant and the need for special procedural guarantees to other administrative authorities and persons in contact with the applicant to the extent necessary to take into account the needs of the applicant. Where another administrative body identifies the special reception needs of the applicant or the need for special procedural guarantees or notices a circumstance indicating a possible special need or the need for special procedural guarantees, it immediately notifies the Police and Border Guard Board thereof either in an encrypted form that can be reproduced in writing or, where technically possible, through the data exchange platform X-tee.

(9) All officials and employees who come into contact with applicants for international protection must comply with competence requirements that enable them to monitor and take into account the special reception needs and the need for special procedural guarantees.

§ 22. Determination of legal capacity and age of applicant

(1) A minor foreign national has the right to submit an application for international protection on their own behalf, where their legal capacity has been extended, or through their parent, an adult responsible for them, or a person performing the duties of a guardian.

(2) In the international protection procedure, the active legal capacity under the law of the country of origin of the foreign national valid in the country of origin of the minor is not taken into account where it differs from the Estonian law.

(3) Where the age of a foreign national is unknown and there is good reason to believe that the person is less than 18 years of age, the foreign national is deemed to be a minor. The Police and Border Guard Board decides on treating an applicant as a minor or an adult.

(4) Where the Police and Border Guard Board has reasonable doubts about the accuracy of the information provided regarding the age of the applicant, the age of the applicant is assessed in accordance with the procedure provided in Article 25 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

(5) The Police and Border Guard Board may be guided by the assessment of the age of the applicant by the competent authority of another Member State.

(6) An assessment of age determination can only be contested together with the administrative act or procedure in the course of which the age was determined.

§ 23. Minor and unaccompanied minor applicant

(1) In the proceedings for the international protection of a minor and upon the admission of the minor, the rights and interests of the minor are taken into account first and foremost.

(2) Information about the rights and obligations of the unaccompanied minor in the international protection procedure, including information about reception conditions, is provided to the unaccompanied minor in a manner appropriate to their age, which ensures that the unaccompanied minor understands the information. The unaccompanied minor is provided with the specified information in the presence of a person performing the duties of a guardian.

(3) A minor applicant for international protection has the right:

1) to gain access to education in accordance with the procedure provided in the Basic Schools and Upper Secondary Schools Act within two months as of submitting an application for international protection, where they are subject to compulsory education obligation;

2) receive preparatory training, including language training, to ensure access to education.

(4) Access to upper secondary education is also guaranteed where a minor has reached the age of majority during the proceedings.

(5) An unaccompanied minor applicant for or beneficiary of international protection is placed in an accommodation centre for applicants for international protection or is referred to alternative care or to an adult relative. An unaccompanied minor is guaranteed the provision of the services specified in subsection 1 of 53 of this Act even where they are referred to alternative care or to an adult relative.

(6) The Police and Border Guard Board commences the search for family members of an unaccompanied minor as soon as possible after the submission of an application for international protection.

(7) The services specified in subsections 3–5 of this section are state functions performed by local governments for the purposes of the Local Government Organisation Act.

§ 24. Identification and verification of identity of foreign national and personal identification system

(1) When performing procedural acts arising from the legislation of the Common European Asylum System and this Act, an administrative body is required to identify a person or verify their identity.

(2) A person is obliged to allow the identification of their person and verification of their identity.

§ 25. Identification of person on basis of identity document

(1) A person is required to present an identity document at the request of an administrative authority for the purpose of identification of their person and verification of their identity.

(2) A person is identified and their identity verified based on a document provided in subsection 2 of § 2 of the Identity Documents Act or a travel document issued by a foreign state.

(3) The identity of a foreign national under the age of 15 is established on the basis of the statements of their legal representative and other evidence, unless the document specified in subsection 2 of this section has been issued to them.

(4) Where a foreign national does not have a document specified in subsection 2 of this section, where necessary, they are identified or their identity is verified based on other evidence.

§ 26. Identification of person based on biometric data

(1) In order to identify a person and verify their identity, and to transmit the data to the Eurodac system, the fingerprint and facial image data of a foreign national are processed.

(2) A person is required to allow the taking of fingerprints and a facial image at the request of an administrative authority.

§ 27. Identification of person based on other evidence

An administrative authority may identify a person or verify their identity based on other data known to the administrative authority not specified in this Act, including data previously collected in the previous proceedings conducted in respect of the person or processed in databases.

§ 28. Establishment of filiation of person based on DNA data

(1) In order to establish the filiation of a person, a DNA sample may be taken from the person and the data thereof may be processed provided that it is not otherwise possible to establish the filiation.

(2) In deciding to take a DNA sample from a minor, the rights and interests of the minor are taken into account first and foremost.

(3) A person is required to provide a DNA sample at the request of an administrative authority.

(4) When taking a DNA sample from a person, the procedure established based on subsection 5 of § 33 of the Law Enforcement Act is followed.

§ 29. Automated Biometric Identification System Database

The Automated Biometric Identification System database (hereinafter the ABIS database) is an electronic database, the purpose of which, for the purposes of this Act, is to process biometric data taken in the international protection procedure for the purpose of identifying and verifying the identity of a person and for transmitting biometric data to the Eurodac system and for comparing biometric data obtained from the Eurodac system in accordance with Regulation (EU) 2024/1358 of the European Parliament and of the Council.

§ 30. Processing of ABIS database data

(1) Data entered in the ABIS database based on the Identity Documents Act, Citizenship Act, Consular Act, Code of Criminal Procedure, Imprisonment Act, Foreign Nationals Act, Obligation to Leave and Prohibition on Entry Act and Code of Misdemeanour Procedure may be processed in the proceedings provided in this Act for identification of a person and verification of the identity of a person.

(2) Data entered into the ABIS database based on the acts specified in subsection 1 of this section may be processed for the purpose of ensuring public order and national security for the identification of a person and verification of their identity only in case it is not possible to identify the person or verify their identity based on the data entered into the ABIS database on the basis of this Act.

(3) The provisions of § 15⁵ of the Identity Documents Act apply to the processing of data entered into the ABIS database.

§ 31. Statutes of ABIS database

(1) The statutes of the ABIS database is established by a regulation of the Government of the Republic.

(2) The statutes of the ABIS database provides the procedure for maintaining the database, including:

1) data providers and data received from them;

2) precise data composition;

3) data exchange between databases;

4) tasks of the controller;

5) the processor and their tasks;

6) procedure for access to and issue of data;

7) more detailed data retention periods;

8) other organizational issues.

§ 32. Controller of ABIS database

The controller of the ABIS database is the Police and Border Guard Board.

§ 33. Retention of ABIS database data and restriction on access

(1) Data entered into the ABIS database based on this Act is stored for a maximum period of 50 years. The specific period for the retention of data is established in the statutes of the database.

(2) The data contained in the ABIS database is subject to access restrictions and has been classified as information intended for internal use.

§ 34. Submission of application

(1) Any request submitted in any manner by a foreign national to be recognized as a refugee or a beneficiary of subsidiary protection and to receive international protection is deemed to be an application.

(2) An application for international protection must be submitted to the Police and Border Guard Board immediately after arrival in Estonia.

(3) An application for international protection of a foreign national to be received within the framework of resettlement may be accepted by the Police and Border Guard Board in the territory of a foreign state.

(4) The Police and Border Guard Board may determine the locations where an application for international protection must be submitted.

(5) Where there are reasonable grounds to believe that foreign nationals staying in places of detention or at border crossing points at external borders, including in the transit zones, may wish to apply for international protection, the Police and Border Guard Board ensures that persons are informed of the options for submitting such an application.

(6) Where an applicant for international protection submits an application for international protection to the Police and Border Guard Board in another Member State of the European Union, the Police and Border Guard Board forwards the application to the competent authority of that Member State, unless otherwise provided in this Act.

(7) An application for international protection must be submitted to the Police and Border Guard Board in person.

§ 35. Language of international protection procedure

(1) The international protection procedure is conducted in Estonian. With the consent of the processing official the procedural act may be conducted in another language in which the foreign national is capable of making themselves understood orally.

(2) The Police and Border Guard Board arranges for interpretation and the translation of documents in the international protection procedure.

(3) The statements and documents submitted by the applicant may be translated using the information technology tools of the Police and Border Guard Board.

(4) The content of a procedural document or the operative part of an administrative act specified in this Act, together with a notice of appeal, is translated into a language that the foreign national understands. Translation may be performed using the information technology tools of the Police and Border Guard Board.

§ 36. Procedures for submitting an application for international protection and processing the application

(1) The Police and Border Guard Board performs the following actions after receiving an application for international protection and before registering the application:

1) provides the applicant with information about their rights and obligations in the international protection procedure and about the consequences of failure to comply with the obligations;

2) informs the Social Insurance Board of the need for accommodation of the applicant and, where necessary, for representation of the unaccompanied minor;

3) informs the person performing the duties of the guardian of an unaccompanied minor of the circumstances related to the minor.

(2) The Social Insurance Board notifies the rural municipality or city government of the habitual residence of the child of the need to represent an unaccompanied minor and notifies the Police and Border Guard Board of the person who performs the duties of the guardian of the unaccompanied minor.

(3) The Police and Border Guard Board registers and accepts an application for international protection in accordance with the provisions of Regulation (EU) 2024/1348 of the European Parliament and of the Council and performs the following procedural acts:

1) searches the person and their belongings;

2) takes items and documents into custody;

3) processes biometric data and transmits them to the Eurodac system in accordance with Regulation (EU) 2024/1358 of the European Parliament and of the Council;

4) takes a DNA sample where it is not otherwise possible to determine the filiation of the person;

5) organises a health check where this is necessary for reasons of public health protection;

6) organises an assessment of the special reception needs of the applicant and the need for special procedural guarantees;

7) organises a medical examination with the consent of the applicant, where this is necessary for the exam of the application;

8) provides the applicant with a document certifying the registration of the application;

9) issues a certificate of an applicant for international protection to the applicant within ten days as of the acceptance of the application.

(4) In case a screening is carried out on an applicant in accordance with the procedure laid down in Regulation (EU) 2024/1356 of the European Parliament and of the Council, the actions provided in subsections 1–3 of this section are carried out after the screening has been completed. In case the actions provided in subsection 3 of this section were carried out during the background check or in another case provided by law, they are not carried out again, unless repeating them is justified.

(5) Upon taking into custody the documents of an applicant for international protection, including the identity document, the Police and Border Guard Board provides the applicant with a copy of the document taken into custody together with a notation regarding the taking of the document into custody.

(6) Upon the submission of the application, an applicant for and a beneficiary of international protection, as well as a foreign national admitted under a resettlement or relocation procedure, certifies that they have been duly informed of their respective rights and obligations.

(7) Procedures related to resettlement to Estonia or the processing of an application for international protection may be conducted in the country where the foreign national is staying during the processing of the application.

(8) In the course of international protection proceedings and in the event of relocation, the Police and Border Guard Board may be guided by procedural acts performed in another Member State of the European Union.

(9) Data collected in offense proceedings may be used in international protection proceedings.

(10) Where the recording of a procedural act is mandatory or is deemed necessary by the Police and Border Guard Board, such procedural act may be recorded electronically. The record may be presented to the foreign national using the information technology means of the Police and Border Guard Board and the foreign national confirms the examination of the record by an electronic notation. At the request of the foreign national, the record of the procedural act is provided to them on paper.

§ 37. Granting and revocation of certificate of applicant for international protection

(1) Within ten days as of the submission of the application for international protection, the Police and Border Guard Board issues to the applicant a certificate of an applicant for international protection, which certifies that the foreign national is applying for international protection in Estonia.

(2) The certificate of an applicant for international protection is valid for up to one year.

(3) The Police and Border Guard Board revokes the certificate of an applicant for international protection in the following cases:

1) upon the ending of the international protection procedure;

2) in the event that the document itself or an entry or data contained therein are incorrect;

3) in case the document has become unusable or an entry contained therein has become illegible;

4) upon the death of the holder of the document;

5) in the event of loss or destruction of the document;

(4) Upon revocation of the certificate of an applicant for international protection, the Police and Border Guard Board takes it away from the foreign national, where possible.

(5) The form of the certificate of an applicant for international protection and the list of data to be entered on the form are established by a regulation of the minister in charge of the policy sector.

§ 38. Examination of application for international protection and decision on application for international protection

(1) The Police and Border Guard Board examines an application for which Estonia has been designated as the country responsible in accordance with Regulation (EU) 2024/1351 of the European Parliament and of the Council and makes a decision on the grounds and in accordance with the procedure provided in Regulations (EU) 2024/1347, (EU) 2024/1348 and (EU) 2024/1350 of the European Parliament and of the Council.

(2) When making a decision on a subsequent application for international protection, the Police and Border Guard Board may decide that the subsequent application was submitted for the sole purpose of delaying or preventing the enforcement of the obligation to leave.

(3) The Police and Border Guard Board may consider an application for international protection inadmissible and reject the application on the bases provided in subsection 1 of Article 38 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

(4) The Police and Border Guard Board may consider an application for international protection to be manifestly unfounded on the bases provided in subsection 4 of Article 39 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

(5) The Police and Border Guard Board issues a precept to the foreign national to leave Estonia (hereinafter the precept to leave) in the decision on the application or together with it in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act, unless the obligation to leave is fulfilled on another basis.

(6) The Police and Border Guard Board examines the application as soon as possible, but no later than the deadline set out in Article 35 of Regulation (EU) 2024/1348 of the European Parliament and of the Council.

(7) The Police and Border Guard Board may accelerate the substantive examination of the application based on clauses a–j of Article 42 of Regulation (EU) 2024/1348 and in accordance with the procedure provided in the specified clauses.

(8) An application subject to the border procedure is examined within 15 days as of the date of registration of the application with the Police and Border Guard Board.

(9) Where an administrative court has annulled a decision made by the Police and Border Guard Board in the international protection procedure and has ordered the re-examination of the application, the Police and Border Guard Board re-examines the application on a priority basis and issues a new decision within a time limit shorter than that provided in Article 35 of Regulation (EU) 2024/1348 of the European Parliament and of the Council. This subsection does not apply to a decision made in the border procedure.

§ 39. Procedures after examination of application for international protection and making decision

(1) Following the examination of the application for international protection and the making a decision, the Police and Border Guard Board performs the following procedural acts:

1) serves the decision on the application for international protection on the applicant, taking into account the provisions regarding the service set out in this Act;

2) notifies the detention centre or place where the applicant is accommodated of the operative part of the decision made on the application;

3) refers the beneficiary of international protection to participate in an adaptation programme.

(2) Where a foreign national has been granted international protection, the Social Insurance Board provides them with assistance, where necessary, in settling in a municipality in accordance with the provisions of this Act.

§ 40. Service of documents on foreign national

(1) A procedural document or administrative act issued in the proceedings provided in this Act are served on a foreign national.

(2) The Administrative Procedure Act is applied to the service of a procedural document or administrative act, taking into account the specifications provided in this Act.

(3) A procedural document or administrative act is issued to the applicant on paper upon their request.

(4) In case an administrative authority delivers a procedural document or administrative act using an information technology tool, the applicant may confirm having examined it by making an electronic note.

(5) In an emergency caused by mass influx and in case the location of a foreign national in Estonia is not known to the Police and Border Guard Board, the administrative authority may not apply other methods of service of a procedural document or administrative act and, taking into account the confidentiality obligation, may publish on its website only the number of the application for international protection and the title of the procedural document or decision made on the application. Upon publication on the website, the procedural document or administrative act is deemed to have been served on the foreign national.

§ 41. Contestation of decision made on application for international protection

(1) A decision made based on Regulation (EU) 2024/1347 of the European Parliament and of the Council and in accordance with the procedure provided in Regulation (EU) 2024/1348 of the European Parliament and of the Council, and a precept to leave, a ban on entry or a decision on a ban on entry issued together with it, may be contested in an administrative court within 14 days as of the date of notification of the decision.

(2) A decision made in an accelerated examination procedure or border procedure in accordance with Regulation (EU) 2024/1348 of the European Parliament and of the Council and a precept to leave, prohibition on entry or a decision on entry ban issued together with it may be contested in an administrative court within five days as of the date of notification of the decision.

(3) Where an applicant has withdrawn the application, they cannot contest the decision of refusing to grant international protection.

(4) The ending of international protection cannot be contested where the beneficiary of international protection:

1) has renounced international protection;

2) has acquired the citizenship of a Member State of the European Union;

3) has received international protection from a Member State of the European Union.

(5) Together with the appeal, an application must be submitted to the court to stay in Estonia until the final decision is made in case a decision specified in subsection 3 of Article 68 of Regulation (EU) 2024/1348 of the European Parliament and of the Council has been made regarding the application.

(6) The decisions specified in this section cannot be contested by way of challenge proceedings.

§ 42. Time limit for examination of appeal in administrative court

(1) An appeal is examined within a reasonable time, but within six months as of the date of submission of the appeal to the administrative court.

(2) An appeal filed against a decision made in border procedure is examined on a priority basis, but within 12 weeks as of the date of registration of the application with the Police and Border Guard Board.

§ 43. Granting residence permit

(1) The Police and Border Guard Board grants international protection and a temporary residence permit to a foreign national in respect of whom the Police and Border Guard Board has established a refugee status or subsidiary protection status and who is recognised as a refugee or a beneficiary of subsidiary protection, unless there are circumstances precluding recognition as a refugee or beneficiary of subsidiary protection or grounds for refusing to grant international protection.

(2) The requirements for the issue of a temporary residence permit must be met throughout the entire period of validity of the residence permit.

§ 44. Period of validity of residence permit and extension of residence permit

(1) A beneficiary of international protection is granted a temporary residence permit with the period of validity for up to five years.

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

(3) An application for the extension of a temporary residence permit must be submitted to the Police and Border Guard Board either in person or through self-service portal.

(4) When determining the period of validity of a temporary residence permit, the justification of the circumstances that form the basis for granting international protection or other circumstances that are relevant in the case and the probability of their changing during the period of validity of the residence permit to be granted are taken into account.

§ 45. Issue of long-term residence permit

A foreign national who has been issued a temporary residence permit is issued a residence permit for a long-term resident based on and in accordance with the procedure provided in the Foreign Nationals Act.

§ 46. Family reunification of beneficiary of international protection and temporary residence permit of family member

(1) In case a foreign national has been granted international protection, the Police and Border Guard Board issues a temporary residence permit to a family member specified in subsection 1 of § 6 of this Act based on subsection 1 of Article 23 of Regulation (EU) 2024/1347 of the European Parliament and of the Council, except where there is a basis specified in subsection 1 of § 47 of this Act.

(2) Where family reunification is possible in a third country or where the application for a temporary residence permit for a family member is submitted later than four months after receiving international protection, the Police and Border Guard Board may issue a temporary residence permit to the family member specified in subsection 1 of § 6 of this Act in case the following conditions are met:

1) when applying for a temporary residence permit for a family member, the beneficiary of international protection must have sufficient legal income for the purposes of § 9 of the Foreign Nationals Act that guarantees the maintenance of the family in Estonia;

2) the beneficiary of international protection must have a registered place of residence and an actual living space in Estonia, and

3) the family is required to have a valid health insurance contract that would guarantee the payment of medical expenses due to illness or injury for all family members during the period of validity of the residence permit, in which case the provisions of § 120 of the Foreign Nationals Act apply to the insurance coverage of the family.

(3) A beneficiary of international protection, for the purpose of settling with whom a residence permit is granted to a family member, or the residence permit of a family member living with the beneficiary is being extended, has the obligations of a sponsor provided in § 291 of the Foreign Nationals Act. In case a foreign national is an unaccompanied minor, they do not have the obligations of a sponsor before reaching the age of majority.

(4) The provisions of subsection 2 of this section and § 47 of this Act are applied to the extension of a temporary residence permit for a family member.

§ 47. Refusal to issue residence permit to family member of beneficiary of international protection and revocation of residence permit

(1) The Police and Border Guard Board refuses to grant or extend a temporary residence permit to a family member or revokes the residence permit on the grounds provided in subsections 3–5 of Article 23 of Regulation (EU) 2024/1347 of the European Parliament and of the Council and in case the international protection is withdrawn from the beneficiary of international protection.

(2) Where a foreign national has been granted international protection, the Police and Border Guard Board may refuse to issue a temporary residence permit to a family member provided that the conditions specified in subsection 2 of § 46 of this Act are not met.

(3) Where a family member is staying in Estonia or another Member State of the Schengen Convention or a Member State of the European Union, a precept to leave is issued to them in the decision to refuse to issue or extend a residence permit or to revoke a residence permit, or together with it, in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act.

§ 48. Application for residence permit for family member of beneficiary of international protection and for its extension

(1) The provisions of §§ 16 and 18–20, subsections 1 and 2 of § 21 , §§ 22–24, subsections 1–3 of § 29, subsection 1 of § 31, § 32 , subsections 1, 3 and 5–7 of §§ 33–35, subsections 1 and 1¹ of § 213 , § 215, subsection 1 of § 216 and subsection 2 of § 217¹ of the Foreign Nationals Act are applied to the application for a temporary residence permit for a family member and the application for its extension, taking into account the specifications provided in this Act and the acquis of the Common European International Protection System.

(2) An application for the extension of a temporary residence permit for a family member is submitted in person or through a self-service portal.

(3) The procedure for applying for, granting and withdrawing international protection and for applying for, granting, extending and revoking a residence permit for a beneficiary of international protection and their family member, as well as the list of evidence and data to be submitted upon applying for a residence permit, is established by a regulation of the minister in charge of the policy sector.

§ 49. Period of validity of residence permit for family member

(1) The Police and Border Guard Board issues a temporary residence permit to a family member with the period of validity that does not exceed the period of validity of the temporary residence permit issued to the beneficiary of international protection. The residence permit for a family member is extended for the same period of validity as the residence permit of the beneficiary of international protection.

(2) The period of validity of a temporary residence permit for a family member expires on the grounds specified in § 134 of the Foreign Nationals Act.

(3) Upon the expiration of the period of validity of a residence permit granted to a family member and provided that they have submitted an application for a new residence permit on the basis of and in accordance with the procedure provided in the Foreign Nationals Act or this Act, the applicant is permitted to stay in the country until the final decision is made on their application for a residence permit.

§ 50. Contesting decisions related to residence permit for family member

(1) A decision to grant, refuse to grant, extend, refuse to extend, revoke a residence permit to a family member, or dismiss the application without examination and a precept to leave issued with it, may be contested in an administrative court within 14 days as of the date of notification of the decision.

(2) The decisions specified in this section cannot be contested by way of challenge proceedings.

(3) Contesting the decisions specified in subsection 1 of this section does not postpone the deadline for the compulsory execution of the obligation to leave of the foreign national nor grant the foreign national a legal basis for staying in Estonia.

§ 51. Withdrawal of international protection

(1) The Police and Border Guard Board makes a decision to withdraw international protection where:

1) there is a ground for withdrawal provided in Articles 14 and 19 of Regulation (EU) 2024/1347 of the European Parliament and of the Council;

2) there is a ground for cessation provided in Articles 11 and 16 of Regulation (EU) 2024/1347 of the European Parliament and of the Council.

(2) The Police and Border Guard Board withdraws international protection and terminates the procedure without formalizing the decision, by making a corresponding entry in the register of granting international protection, where:

1) the beneficiary of international protection has renounced international protection;

2) the beneficiary of international protection has acquired the citizenship of a Member State of the European Union;

3) the beneficiary of international protection has received international protection in another Member State of the European Union.

(3) In the decision to withdraw international protection, or together with it, the residence permit granted to the foreign national is revoked and a precept to leave is issued to them in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act.

§ 52. Inadmissibility of expulsion and return

The Police and Border Guard Board adheres to the principle of inadmissibility of expulsion and return in accordance with European Union and international law.

§ 53. Accommodation centre for applicants and material reception conditions

(1) During the international protection procedure, the following services are provided to the applicant, where necessary:

1) accommodation in an accommodation centre for applicants for international protection or in another location adapted for the accommodation of applicants;

2) providing the applicant living in the accommodation establishment with food or catering, providing with essential clothing and other everyday items and hygiene products;

3) conducting a health check in case this is necessary for reasons of public health protection;

4) ensuring the availability of necessary health services and counselling and psychosocial support necessary for organizing daily life, together with the necessary translation services;

5) providing transportation necessary for procedural actions carried out on the basis of this Act;

6) adaptation programme services;

7) other essential services.

(2) An applicant residing outside an accommodation centre with the permission of the Police and Border Guard Board in accordance with subsection 4 of § 54 of this Act is provided, where necessary, the services specified in clauses 4 and 5 of subsection 1 of this section.

(3) The provision of the services specified in clauses 1–5 and 7 of subsection 1 of this section is organised by the Social Insurance Board. The adaptation programme specified in clause 6 of subsection 1 of this section is organised by the Ministry of Culture.

(4) The extent and procedure for the financing of the health examination of an applicant for international protection and necessary health services provided to them is established by the minister in charge of the policy sector.

(5) In case a final negative decision has been made on the application, the accommodation of the foreign national may, where necessary, be continued for up to 30 days as of the making of the final decision.

(6) The Social Insurance Board may, based on an administrative contract entered into in accordance with the procedure provided in the Administrative Co-operation Act, delegate the performance of the task of organising material reception conditions, to a self-employed person or a legal person. The tasks delegated based on an administrative contract are accompanied by the rights and obligations as well as the liability provided in this Act.

(7) The internal rules of the accommodation centre for applicants for international protection are established by a regulation of the minister in charge of the policy sector.

(8) The internal rules of the accommodation centre for applicants for international protection lay down at least:

1) the procedure for accommodating the applicant;

2) rules for staying on the premises and in the building and staying away from the accommodation centre, including the times of mandatory stay on the premises and in the building;

3) visitation rules;

4) rules for using the property and rooms;

5) list of items prohibited in the accommodation centre;

6) procedure for the submission of complaints;

7) procedure for payment of financial support.

(9) The internal rules of the accommodation centre for applicants for international protection are also applied in other locations adapted for the accommodation of applicants.

(10) An applicant for international protection is transferred from one accommodation facility to another where there is a justified need. In the event of a transfer, the provider of material reception conditions is obliged to notify the applicant for international protection of the new address and offer them the opportunity to notify the representative.

(11) The provisions of this section do not apply to an applicant subject to the border procedure for international protection.

§ 54. Stay of applicant in accommodation centre for applicants for international protection or in another location adapted for accommodation of applicants

(1) During the international protection procedure, the applicant is required to stay within the territory of the county where their accommodation facility is located. The accommodation is determined by the Police and Border Guard Board.

(2) An applicant may, with the permission of the provider of material reception conditions, stay outside the territory of the county specified in subsection 1 of this section where:

1) the provider of material reception conditions considers it necessary for the provision of services related to material reception conditions;

2) for family reasons;

3) for health reasons.

(3) Where it is necessary to leave the territory specified in subsection 1 of this section to appear before an administrative authority or court, the provider of material reception conditions must be notified thereof.

(4) An applicant may live outside the accommodation facility with the written permission of the Police and Border Guard Board where:

1) the accommodation and maintenance of an applicant is ensured by a person legally residing in Estonia, or

2) they have sufficient financial resources to ensure their own accommodation and maintenance.

(5) A person or applicant legally residing in Estonia is required to prove the circumstances specified in subsection 4 of this section. When granting the permit, the Police and Border Guard Board assesses the necessity of applying the restrictions on freedom of movement provided in this Act and notifies the provider of material reception conditions of the granting of the permit.

(6) The provisions of this section do not apply to an applicant who is subject to the border procedure for international protection, except in the case provided in subsection 4 of § 55 of this Act.

§ 55. Material reception conditions in screening and border procedures for international protection and return

(1) The Police and Border Guard Board arranges, where necessary, the provision of the following services to an applicant and a foreign national who is subject to a screening, border procedure for international protection or border procedure for return:

1) accommodation;

2) provision of food or catering and, where necessary, provision of essential clothing and other items of everyday necessity and hygiene products;

3) health check during background checks or, where necessary, for public health protection reasons;

4) ensuring access to necessary health services;

(2) The Director General of the Police and Border Guard Board approves by a directive the rules of accommodation in the accommodation facility designated by the Police and Border Guard Board, which provides at least:

1) the rules for staying at and being away from the accommodation, including the hours of mandatory presence at the accommodation;

2) visitation rules;

3) rules for using the property and rooms;

4) a list of items prohibited at the accommodation.

(3) The Police and Border Guard Board may delegate the performance of the task provided in subsection 1 of this section to a self-employed person or legal person based on an administrative contract concluded in accordance with the procedure provided in the Administrative Co-operation Act. The tasks delegated based on an administrative contract are accompanied by the rights and obligations as well as the liability provided in this Act.

(4) Where the accommodation of a foreign national specified in subsection 1 of this section in an accommodation facility designated by the Police and Border Guard Board is not possible or is significantly hindered due to security or other valid reasons, the foreign national may, in coordination with the provider of material reception conditions, be accommodated under the supervision of the Police and Border Guard Board in an accommodation centre for applicants for international protection or in another location adapted for the accommodation of applicants.

§ 56. Accommodation of minors and families

(1) Family members are accommodated together with their consent. The family privacy is ensured to the greatest extent possible.

(2) A minor child of an applicant or a minor applicant is accommodated together with their parent, unmarried minor sibling or guardian or other responsible adult, provided that it is in the best interests of the minor.

(3) When accommodating a minor, they are guaranteed the opportunity for leisure activities, including age-appropriate games and hobbies, as well as outdoor activities.

(4) An unaccompanied minor is accommodated separately from adults.

§ 57. Financial support and its rates

(1) The provision of food or catering, as well as the provision of essential clothing and other items of everyday necessity and hygiene products to an applicant residing in an accommodation facility, may be replaced with a financial support.

(2) The financial support paid to the applicant is equal to the subsistence limit established in the State Budget Act.

(3) When calculating the subsistence limit for family members, the limits established in subsections 4 and 5 of § 131 of the Social Welfare Act are used as a basis. Only the family members who are applicants are paid the support.

(4) Financial support is not paid:

1) to an applicant living outside the place of accommodation facility;

2) to an applicant living in the accommodation facility, who is employed.

§ 58. Restriction of material reception conditions for applicant

(1) The material reception conditions provided in this Act may be restricted where the applicant:

1) has absconded, in particular where they have left the territory of the county of their accommodation or the location determined for them based on subsection 2 of § 60 of this Act without permission or notification, or has otherwise become unreachable to the administrative authority;

2) does not cooperate with competent authorities;

3) has submitted a subsequent application;

4) has concealed the existence of financial resources;

5) has violated the internal rules of the accommodation centre for applicants for international protection;

6) does not participate in the adaptation programme;

7) is obliged to stay in another Member State of the European Union in accordance with the transfer decision.

(2) The restriction of reception conditions is decided on a case-by-case basis, taking into account the specific situation of the person, the need for special procedural guarantees, and specific reception needs.

(3) The reception conditions may be restricted to an extent equal to the principles of applicable principles of emergency social assistance. The provision of health services may not be restricted.

(4) The restriction of reception conditions is decided by the Police and Border Guard Board in coordination with the Social Insurance Board.

(5) Where a transfer decision is made in respect of an applicant, the Police and Border Guard Board, in coordination with the Social Insurance Board, may also restrict the reception conditions in the transfer decision.

(6) An appeal against the decision specified in subsections 4 and 5 of this section may be filed with an administrative court within 14 days as of the date of notification of the decision.

§ 59. Rights of applicant and material reception conditions in emergency

An applicant for international protection is guaranteed at least the following rights and services during their stay in Estonia in an emergency caused by mass influx:

1) accommodation;

2) provision of emergency medical care along with the necessary translation services;

3) catering;

4) provision of information of their rights and obligations;

5) where necessary, provision of essential clothing and other items of everyday necessity, and personal hygiene products;

6) upon the request of an applicant for international protection, enabling communication and meetings to the extent possible in an emergency;

7) free legal aid;

8) an unaccompanied minor applicant for international protection to have access to education in accordance with the provisions of this Act.

§ 60. Restriction on freedom of movement

(1) Restrictions on freedom of movement are:

1) residence in a designated place, taking into account the provisions of subsection 2 of this section;

2) appearing for registration at the Police and Border Guard Board at specified intervals, taking into account the provisions of subsection 4 of this section.

(2) The Police and Border Guard Board may decide that an applicant is permitted to reside only in one specific place adapted for the accommodation of applicants, either to ensure public order or in the event of a risk of absconding by the applicant.

(3) Freedom of movement is restricted primarily in cases where:

1) the applicant is required to stay in another Member State in accordance with subsection 4 of Article 17 of Regulation (EU) 2024/1351 of the European Parliament and of the Council, or:

2) the applicant has been transferred after absconding to another Member State, to the Member State in which the applicant is required to stay in accordance with subsection 4 of Article 17 of Regulation (EU) 2024/1351 of the European Parliament and of the Council.

(4) When making a decision to restrict freedom of movement, the special reception needs and special procedural guarantees must be taken into account.

(5) The restriction on the freedom of movement is notified to the applicant in writing, along with information on the consequences of a failure to comply with the restriction on the freedom of movement.

§ 61. Material reception conditions

(1) Where the freedom of movement of the applicant is restricted in accordance with § 60 of this Act, they are provided with material reception conditions only in case they live in the place designated on the basis of subsection 2 of § 60.

(2) The material reception conditions specified in subsection 1 of this section are:

1) accommodation;

2) food;

3) clothing;

4) personal hygiene products;

5) regular financial support.

(3) The material reception conditions specified in clauses 1–4 of subsection 2 of this section may be replaced by financial or non-financial support or vouchers.

§ 62. Leaving designated place of residence

(1) In case an applicant is required to live in a designated place based on subsection 2 of § 60 of this Act, they may leave it for family or health reasons, or for any other valid reason, with the permission of the Police and Border Guard Board.

(2) The permission specified in subsection 1 of this section must be granted on objective grounds. The refusal to grant permission must be justified.

(3) Where leaving the designated place of residence is necessary to appear before an administrative authority or a court, the Police and Border Guard Board must be notified thereof.

(4) In case the designated place of residence is an accommodation centre for applicants for international protection or any other location adapted for the accommodation of applicants, the Police and Border Guard Board notifies the provider of material reception conditions of the departure of the applicant.

§ 63. Appearance for registration

(1) The Police and Border Guard Board may require the applicant to appear for registration in order to ensure compliance with the restriction on the freedom of movement provided in subsection 1 of § 60 of this Act.

(2) The decision to apply the restriction specified in clause 2 of subsection 1 of § 60 of this Act states, among other things, the time and place for the applicant to appear for registration.

§ 64. Monitoring and contesting restriction on freedom of movement

(1) The Police and Border Guard Board assesses the need for the continued application of the restriction on the freedom of movement provided in subsection 1 of § 60 of this Act where two months have passed since its application.

(2) The Police and Border Guard Board and the Estonian Internal Security Service have the right to verify compliance with the restriction provided in subsection 1 of § 60 of this Act at any time.

(3) The applicant may file an appeal against the decision on the application of the restriction on the freedom of movement to an administrative court in accordance with the procedure provided in the Code of Administrative Court Procedure within 14 days as of the date of notification of the decision.

§ 65. Grounds for detention of applicant

(1) An applicant for international protection may be detained on the grounds set out in subsection 2 of this section where the restriction on the freedom of movement provided in subsection 1 of § 60 and the alternative to detention provided in subsection 2 of § 67 of this Act cannot be applied effectively.

(2) An applicant for international protection may be detained:

1) for establishing or verifying the identity and citizenship of a person;

2) to determine the facts on which the application for international protection is based, particularly where there is a risk of absconding;

3) in case they have not complied with the obligation to reside in a designated place and there is still a risk of absconding;

4) to decide, within the context of the border procedure and in accordance with Article 43 of Regulation (EU) 2024/1348 of the European Parliament and of the Council, on their right to enter the territory of Estonia;

5) where the person has been detained in proceedings related to a return order and there is reasonable cause to believe that they have submitted an application for international protection solely to delay the obligation to leave or to obstruct its enforcement;

6) to ensure public order or national security;

7) for the purpose of their transfer on the basis of and in accordance with the procedure laid down in Article 44 of Regulation (EU) 2024/1351 of the European Parliament and of the Council.

(3) A risk of absconding specified in this section is deemed to exist where:

1) a circumstance specified in § 6⁸ of the Obligation to Leave and Prohibition on Entry Act exists, taking into account the procedural specificities established in the acquis of the common international protection of the European Union.

2) the applicant has not complied with the restriction on the freedom of movement or the alternative to detention specified in subsection 1 of § 60 or subsection 2 of 6 of § 7 of this Act.

3) the applicant has left the territory of the county where their accommodation facility is located without the permission or notification of the authorities;

4) the applicant has not appeared at the Police and Border Guard Board for procedural acts.

(4) The bases for detention provided in subsection 2 of this section do not restrict the detention of a person on other bases provided by law.

(5) When detaining an applicant with special reception needs or a need for procedural special guarantees, the mental and physical health of the applicant must be taken into account. The applicant is not detained in case it could seriously endanger their mental or physical health.

(6) The detention of an applicant for international protection is recorded.

(7) When an applicant for international protection is detained, they are informed immediately in writing in a language they understand of the reason for their detention, as well as of their right to contest the detention and to apply for free legal aid to contest it.

§ 66. Decision on and extension of detention of applicant

(1) The Police and Border Guard Board and the Internal Security Service may, by their decision, detain an applicant for international protection without an administrative court authorization for up to 48 hours, on the grounds provided in subsection 2 of § 65 and taking into account the conditions specified in subsection 1 of this Act.

(2) In case an applicant for international protection needs to be detained for longer than 48 hours on the basis provided in subsection 2 of § 65 of this Act and taking into account the conditions specified in subsection 1, the Police and Border Guard Board or the Estonian Internal Security Service apply to the administrative court, in accordance with the procedure provided in subsection 7 of § 23 of the Obligation to Leave and Prohibition on Entry Act, for permission to detain the applicant for international protection for up to four months.

(3) In case a foreign national submits an application for international protection during the procedure of the obligation to leave, the Police and Border Guard Board or the Estonian Internal Security Service requests permission within 48 hours as of the submission of the application to detain them for up to four months.

(4) The administrative court extends the term provided in subsection 2 of this section, considering the conditions specified in subsection 1 of § 65 of this Act, by up to four months at a time where there is a basis provided in subsection 2 of § 65.

(5) Where the administrative court has granted permission to detain a foreign national based on the Obligation to Leave and Prohibition on Entry Act, and the foreign national has submitted a subsequent application for international protection, the Police and Border Guard Board and the Internal Security Service may continue the detention of the foreign national until the expiry of the detention period specified in the permit of the administrative court, provided there is a ground for the detention of an applicant for international protection as provided in subsection 2 of § 65 of this Act.

(6) Subsection 5 of this section is applied to the detention of a foreign national who has submitted their first subsequent application for international protection, provided that the Police and Border Guard Board makes a negative decision on the application within 48 hours as of its submission and additionally decides that the application was submitted solely to delay or obstruct the execution of the obligation to leave.

(7) The detention of an applicant for international protection and the extension of the detention period is decided by an administrative court in accordance with the procedure provided in Chapter 27 of the Code of Administrative Court Procedure.

§ 67. Alternatives to detention and their application

(1) The Police and Border Guard Board may decide to apply an alternative to detention instead of detention, where there is a basis for detention specified in subsection 2 of § 65 of this Act.

(2) An alternative to detention is:

1) the restriction on the freedom of movement specified in subsection 1 of § 60 of this Act;

2) depositing a foreign travel document or other personal identification document with the Police and Border Guard Board;

(3) When making the decision to apply an alternative to detention, the provisions of subsections 4 and 5 of § 60 of this Act are followed. The justification for the measure applied is stated in the decision.

§ 68. Arrangement of detention of applicant for international protection

(1) The detention of an applicant for international protection is subject to the provisions on the detention of a foreign national staying in Estonia without a legal basis, taking into account the specificities provided in this Act.

(2) When detaining an applicant for international protection, special measures of state supervision provided in the Obligation to Leave and Prohibition on Entry Act regarding the detention of a foreign national staying in Estonia without grounds for stay, as well as direct coercion, special equipment and weapons may be applied on the grounds and in accordance with the procedure provided in the Law Enforcement Act.

(3) Applicants for international protection are, where possible, accommodated in the detention centre separately from foreign nationals staying in Estonia without a legal basis.

(4) When detaining an applicant with special reception needs or in need of special procedural guarantees, the Police and Border Guard Board ensures their regular supervision as well as timely and adequate support.

(5) Upon the detention of an applicant for international protection, they have the right to communicate with family members, a representative, relevant competent state authorities, representatives of international and non-governmental organizations, and the Office of the United Nations High Commissioner for Refugees (UNHCR) in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act.

§ 69. Detention of minor and unaccompanied minor applicant

(1) A minor may be detained in exceptional cases, as a measure of last resort, and only after an individual assessment has established that:

1) the restriction on the freedom of movement specified in subsection 1 of § 60 of this Act or the alternative to detention specified in subsection 2 of § 67 cannot be effectively applied, and

2) in accordance with the provisions of subsection 2 of this section, detention is necessary for the well-being and safety reasons of the minor and is in the best interests of the minor.

(2) Detention may be in the best interests of the minor:

1) in the case of an accompanied minor, where the parent or primary caregiver of the minor is detained;

2) in the case of an unaccompanied minor, where detention ensures their safety.

(3) A minor is detained for the shortest appropriate period. A minor foreign national is not placed in a prison or a house of detention.

(4) In case a minor foreign national is detained in a detention centre, they are provided with opportunities for leisure activities, including age-appropriate games and hobby activities, as well as outdoor activities.

(5) In case an unaccompanied minor is placed in a detention centre, they are accommodated separately from adults.

§ 70. Ensuring family unity of applicant

(1) Upon the detention of family members, the family is provided with accommodation separate from other detained applicants.

(2) Male and female family members are accommodated, with their consent, in a room adapted for the accommodation of family members.

§ 71. Release of applicant from detention centre

(1) In case the grounds for detention cease to exist, the applicant is released from the detention centre immediately.

(2) In case the applicant is taken into custody as a suspect or an accused person in a criminal proceeding, they are released from the detention centre based on the order on taking into custody.

§ 72. Examination of application for detention

(1) The detention of the applicant is decided by the administrative court in accordance with the procedure provided in Chapter 27 of the Code of Administrative Court Procedure.

(2) Where an exceptionally large number of applications for the detention of applicants for international protection have been submitted to the court, and the court cannot, due to an objective obstacle, examine the detention application on the basis of and in accordance with the procedure provided in Chapter 27 of the Code of Administrative Court Procedure, or the examination is significantly impeded, the court may make an order on the detention of the applicant for international protection without the descriptive and reasoning parts.

(3) In case the applicant for international protection wishes to contest the detention, which the court issued on the basis of subsection 2 of this section as an order without a descriptive and reasoning part, the court provides the applicant with the descriptive and reasoning part at the earliest opportunity.

§ 73. Accommodation and detention of applicant in emergency

(1) In an emergency caused by mass influx, the exceptions provided in this section may be applied to the accommodation and detention of the applicant.

(2) Upon the detention of an applicant for international protection In an emergency, the detention report documents at least the name(s) of each applicant for international protection, the legal and factual basis and justification for the detention, the date, time and location, as well as the name of the administrative authority and the name of the official who made the report.

(3) In an emergency, an applicant for international protection may be detained outside a detention centre. A foreign national is placed outside the detention centre based on an administrative court decision or a detention report.

(4) Family members detained in an emergency are accommodated together as soon as practicable, unless the separate detention of a family member is required for the protection of other persons, public health, public order, or national security. The family privacy is ensured to the greatest extent possible.

(5) The authority in charge of the emergency management determines the effective start and end dates for the application of exceptional measures and immediately informs the European Commission thereof.

(6) In an emergency caused by mass influx, the court may conclude judicial proceedings after the termination of the emergency in accordance with the provisions of subsections 2 and 3 of § 72 of this Act.

§ 74. Temporary protection and decision on its application

(1) Temporary protection is a procedure aimed at providing immediate and temporary protection, in the event of a mass influx or imminent mass influx, to displaced persons from third countries who cannot return to their country of origin, particularly where there is a risk that the international protection system is unable to process the specified influx without prejudice to its efficient operation in the interests of the persons concerned and of other persons seeking protection.

(2) The decision to admit foreign nationals from a crisis zone or a Member State of the European Union to Estonia is made by the Government of the Republic based on an implementing decision of the Council of the European Union on temporary protection and upon the proposal of the competent government authorities.

(3) The Government of the Republic may decide to extend the categories of persons listed in the Council of the European Union decision specified in subsection 2 of this section to other persons, provided that they have been displaced for the same reasons and originate from the same country or region, and immediately informs the Council of the European Union and the European Commission thereof.

(4) Based on a decision by the Government of the Republic, temporary protection is applied to foreign nationals specified in the decision, where there are no grounds for refusal to apply temporary protection as provided in subsection 1 of § 78 of this Act.

§ 75. Term of temporary protection

(1) The term of temporary protection is one year.

(2) Unless the term of temporary protection is terminated by the Council of the European Union, it may be extended by six months at a time by up to one year.

(3) Where reasons for the application of temporary protection remain justified, the Council of the European Union may extend the terms provided in subsections 1 and 2 of this section by up to one year.

§ 76. Application for residence permit based on temporary protection

(1) The provisions of Subchapter 1 of Chapter 2 of this Act are applied to the identification and verification of the identity of an applicant for a residence permit under temporary protection.

(2) The beneficiary of temporary protection submits an application for a residence permit to the Police and Border Guard Board immediately after arriving in Estonia.

(3) Where a beneficiary of temporary protection present at a border crossing point lacks a legal ground for entry into Estonia as provided in the Foreign Nationals Act, and intends to apply for a residence permit in Estonia based on temporary protection, they submit the specified application to the Police and Border Guard Board without delay.

(4) A beneficiary of temporary protection apprehended directly after an illegal border crossing, who intends to apply for a residence permit in Estonia based on temporary protection, submits the respective application to the Police and Border Guard Board.

(5) An application for a residence permit must be submitted in person.

(6) When applying for a residence permit a beneficiary of temporary protection is required to submit the following data and documentation, provided they possess them:

1) data on family ties to establish the right to family reunification

2) documents certifying identity and citizenship, and other documents that may facilitate the establishment of identity and citizenship;

3) visas and residence permits, or decisions to refuse a visa or residence permit and their underlying documents, and other documents proving border crossings;

4) documents certifying family relationships.

(7) The biometric data of an applicant for a residence permit under temporary protection is transmitted to the Eurodac system in accordance with Regulation (EU) 2024/1358 of the European Parliament and of the Council.

(8) The Police and Border Guard Board issues a certificate to a beneficiary of temporary protection for the period of the processing of their residence permit, which confirms that their application for a residence permit is pending.

(9) The procedure for applying for, granting and extending, and revoking the residence permit of a beneficiary of temporary protection and their family member, the list of evidence and data to be submitted when applying for the residence permit, and the list of data to be submitted upon transfer to another Member State are established by a regulation of the minister in charge of the policy sector.

§ 77. Granting residence permit to beneficiary of temporary protection and extension thereof

(1) The Police and Border Guard Board grants a temporary residence permit to a foreign national subject to temporary protection.

(2) The Police and Border Guard Board extends the residence permit of a beneficiary of temporary protection based on their application, unless there are circumstances that serve as a basis for the revocation of the residence permit provided in subsection 1 of § 79 of this Act.

(3) Where the temporary protection of the person has not expired and they have received a residence permit under temporary protection and have exercised their right to voluntary return, the application for a new residence permit under temporary protection is processed on a priority basis, taking into account the situation in the country of origin of the person.

(4) The residence permit for a beneficiary of temporary protection is issued with the period of validity of up to three years.

§ 78. Refusal to grant and extend residence permit for beneficiary of temporary protection

(1) The Police and Border Guard Board may refuse to apply temporary protection and to grant and extend a residence permit to a foreign national:

1) in respect of whom there is a reasonable suspicion of having committed a crime against peace, a crime against humanity or a war crime as provided by law or international legislation.

2) in respect of whom there is reasonable suspicion that they have committed a serious non-political crime outside Estonia prior to their admission to Estonia as a foreign national receiving temporary protection;

3) in respect of whom there is a reasonable suspicion that they are guilty of committing an act contrary to the purposes and principles of the United Nations;

4) who, on the basis of a reasonable suspicion, may pose a threat to the security of Estonia, or who has been convicted by a final judgment of committing a particularly serious crime and is therefore a danger to society;

5) who is not a beneficiary of temporary protection.

(2) A serious non-political crime specified in clause 2 of subsection 1 of this section includes, among other things, a first-degree criminal offence allegedly committed for a political purpose. This provision is applied to the principal offender and accomplice.

(3) A beneficiary of temporary protection who is refused a residence permit or whose residence permit is refused extension, is issued a precept to leave in the same decision or together with it, in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act, unless the foreign national has been obliged to leave Estonia on another basis.

(4) An appeal against a decision to refuse a residence permit or to refuse the extension of a residence permit to a beneficiary of temporary protection may be filed with an administrative court within 14 days as of the date of notification of the decision. The specified decisions cannot be contested by way of a challenge procedure.

§ 79. Revocation of residence permit of beneficiary of temporary protection

(1) The Police and Border Guard Board revokes the residence permit of a beneficiary of temporary protection on one of the following grounds:

1) the term of temporary protection expires;

2) the beneficiary of temporary protection is transferred to another Member State of the European Union for the purpose of family reunification;

3) the beneficiary of temporary protection takes up residence in another country;

4) a circumstance arises in respect of the beneficiary of temporary protection which constitutes a basis for the refusal of the grant and extension of a residence permit provided in subsection 1 of section 78 of this Act.

(2) As a basis for revoking the residence permit of a beneficiary of temporary protection, the grounds provided in clause 3 of subsection 1 of this section are applied, in particular, where the beneficiary of temporary protection has been absent from Estonia for more than 90 days in any 180-day period, or where another European Union Member State has granted them a residence permit under temporary protection.

(3) A precept to leave is issued to a beneficiary of temporary protection whose residence permit is revoked in the same decision or together with it in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act.

(4) Subsection 3 of this section is not applied to a beneficiary of temporary protection who is transferred to another Member State of the European Union for family reunification, who has a legal basis for staying in Estonia provided in the Foreign Nationals Act, or who has been granted a residence permit under temporary protection by another Member State of the European Union.

§ 80. Residence permit of family member of beneficiary of temporary protection

The provisions of §§ 46–50 and 85 of this Act are applied to application for, granting, revocation and contesting a temporary residence permit for a family member of a beneficiary of temporary protection.

§ 81. Rights and obligations of beneficiary of temporary protection

(1) A beneficiary of temporary protection is guaranteed, within the proceedings of the application for a residence permit, rights and freedoms arising from the Constitution of the Republic of Estonia, its laws and other legislative acts, as well as international agreements, legislation of the European Union, generally recognized principles of international law, and international customs.

(2) A beneficiary of temporary protection has the right:

1) to obtain, as soon as practicable after submitting the application for a residence permit, information on their rights and obligations on an information sheet or electronically and, at the request, orally in a language they understand, including information on free legal aid, assistance related to reception conditions, information-providing organizations, the timeline of the procedure for applying for a residence permit under temporary protection, and the consequences of failing to fulfil obligations;

2) to receive support according to their special need, the determination of which is subject to the provisions of § 21 of this Act concerning the special need at reception and the need for procedural special guarantees;

3) to receive legal aid in the procedure for applying for a residence permit on the basis of temporary protection and for contesting the decision made on the application, in order to represent oneself in accordance with the procedure provided in this Act.

(3) A beneficiary of temporary protection is required to:

1) observe the Estonian constitutional order and Estonian legislation, to respect constitutional values and principles, the state based on freedom, justice and law, as well as the Estonian societal order, the Estonian language and culture;

2) submit, by the deadline set by the Police and Border Guard Board, all data and documents in their possession, as well as any other evidence relevant to the processing of the application for a residence permit under temporary protection;

3) contribute to the collection of data required for identification and verification of themselves;

4) permit the inspection of belongings and oneself, and the taking into custody of the belongings and documents, including an identity document;

5) permit checking the health condition on the grounds of the protection of public health.

§ 82. Representation of beneficiary of temporary protection in proceedings of application for residence permit

(1) A beneficiary of temporary protection has the right to use a representative in the procedure for applying for a residence permit, except when giving explanations and in other procedural acts which, due to their nature, must be performed in person.

(2) The provisions regarding the representation of a minor and an unaccompanied minor applying for international protection are applied to the representation of a beneficiary of temporary protection who is a minor or an unaccompanied minor.

§ 83. Material reception conditions and financial support for beneficiary of temporary protection

During their stay in Estonia, a beneficiary of temporary protection is guaranteed at least the rights and services provided in § 59 of this Act.

§ 84. Staying of applicant for residence permit under temporary protection in designated place

(1) During the processing of the application for a residence permit, a beneficiary of temporary protection is required to live in the accommodation facility assigned to them by the Police and Border Guard Board.

(2) An applicant for a residence permit under temporary protection may live outside of the accommodation centre with the written permission of the Police and Border Guard Board where:

1) the accommodation and maintenance of an applicant is ensured by a person legally residing in Estonia, or

2) the applicant has sufficient financial resources to ensure their accommodation and maintenance.

(3) When granting the permit specified in subsection 2 of this section, the Police and Border Guard Board assesses the need to apply the restriction on the freedom of movement and the alternative to detention provided in subsection 1 of § 60 or subsection 2 of § 67 of this Act, and notifies the provider of material reception conditions of the granting of the permit.

(4) The Police and Border Guard Board revokes the authorisation of a beneficiary of temporary protection to live outside an accommodation facility where the circumstances that were the basis for granting the authorization no longer exist.

(5) When living in the accommodation facility, the beneficiary of temporary protection is obliged to follow the internal rules of the accommodation centre for applicants for international protection.

§ 85. Family member of beneficiary of temporary protection and family reunification

(1) A family member of a beneficiary of temporary protection is:

1) a person specified in subsections 1 and 2 of § 6 of this Act;

2) a close relative not specified in clause 1 of this subsection, who lived together with them in the country of origin and was dependent on them.

(2) The Police and Border Guard Board decides on the reunification of families separated under the circumstances of mass influx, taking into account the following circumstances:

1) where family members enjoy temporary protection in different Member States of the European Union, the wishes of the family member specified in clause 1 of subsection 1 of this section is taken into consideration when reuniting the family member concerned.

2) where family members enjoy temporary protection in different Member States of the European Union, the reunification of the family members referred to in clause 2 of subsection 1 of this section may be decided, taking into account the specific circumstances of each individual case;

3) where a foreign national enjoys temporary protection in Estonia and a family member specified in clause 1 of subsection 1 of this section is not present in Estonia, they are permitted to reunite in Estonia;

4) where a foreign national enjoys temporary protection in Estonia and a family member specified in clause 1 of subsection 2 of this section is not present in Estonia, they may be reunited in Estonia, taking into account the specific circumstances of each individual case.

(3) When reuniting families, the rights and best interests of the minor are taken into account first and foremost.

(4) An appeal against the decision to refuse family reunification may be filed with the administrative court within 14 days as of the date of notification of the decision. The specified decision may not be contested by way of challenge procedure.

§ 86. Transfer of beneficiary of temporary protection to another Member State

(1) Where a beneficiary of temporary protection consents to their transfer to another Member State of the European Union for the purpose of family reunification, the Police and Border Guard Board cooperates with the respective Member State for their transfer and, where necessary, issues the documentation required for the transfer of the person to the other Member State.

(2) An application for the transfer of a beneficiary of temporary protection to another Member State of the European Union is transmitted to the other Member State, and the European Commission and the United Nations High Commissioner for Refugees is notified thereof. Where another Member State submits a respective request to Estonia, Estonia notifies the requesting Member State of its capacity to accept the transfer of the person concerned.

(3) In the event that a person enjoying temporary protection is transferred to another Member State, the residence permit issued to the person in Estonia is revoked, provided that the other Member State has granted temporary protection to the specified person.

§ 87. Readmission of beneficiary of temporary protection

Unless otherwise provided in an implementing decision of the Council of the European Union or in an international agreement, Estonia is under an obligation to readmit a beneficiary of temporary protection, who holds a valid residence permit issued by Estonia and who is staying illegally in another Member State of the European Union or who has illegally entered another Member State of the European Union.

§ 88. Temporary protection and procedure for granting international protection

(1) A beneficiary of temporary protection has the right to submit an application for international protection at any time.

(2) An application for international protection referred to in subsection 1 of this section is accepted for processing, but the processing thereof is suspended. The proceedings of an application for international protection are continued three months before the expiry of the period of validity of temporary protection upon the request of the foreign national. Where a foreign national does not wish to pursue the processing of an application for international protection, or where the foreign national has departed from Estonia, the proceedings for international protection are terminated.

(3) An application for international protection referred to in subsection 1 of this section may be processed during the period of validity of temporary protection where there is a good reason for doing so.

(4) During the period of validity of temporary protection, the provisions of this Chapter are applied exclusively, regardless of the fact that the beneficiary of temporary protection has submitted an application for international protection. Upon the expiry of temporary protection, the provisions governing applicants for international protection apply, provided that the foreign national lodges or has lodged an application for international protection.

(5) The Estonian Police and Border Guard Board accepts for proceedings for and processes an application for international protection submitted by a beneficiary of temporary protection who is staying in Estonia.

§ 89. Termination of temporary protection

(1) Temporary protection terminates:

1) upon expiry of the maximum term of protection or

2) at any time in accordance with a decision of the Council of the European Union on the termination of temporary protection.

(2) Upon the transfer of a beneficiary of temporary protection to another Member State of the European Union, the obligations of the Republic of Estonia arising from temporary protection terminate in respect of the specified foreign national.

(3) In the event of the expiration of temporary protection, the Police and Border Guard Board revokes the residence permit.

§ 90. Stay of foreign national in Estonia after termination of temporary protection

(1) In the event of the termination of temporary protection, the stay of the beneficiary of temporary protection and their family member in Estonia is lawful during the processing of an application for international protection or an application for a residence permit submitted in accordance with the procedure provided in the Foreign Nationals Act.

(2) The application for a residence permit referred to in subsection 1 of this section must be submitted no later than three months before the expiry date of the period of validity of the residence permit granted under temporary protection.

(3) After the expiry of temporary protection and the revocation of a residence permit, a foreign national is required to leave Estonia in case they have not submitted a an application for a residence permit referred to in subsection 1 of this section or an application for international protection, or where there is no basis for extending the term specified in a precept to leave provided in subsection 5 of § 7² of the Obligation to Leave and Prohibition on Entry Act, or a basis for suspending expulsion provided in subsection 5 of § 14.

§ 91. Organisation of reception

(1) Foreign nationals who have been granted a residence permit on the basis of international protection or temporary protection (hereinafter in this Chapter the beneficiary of protection) may reside in accommodation facilities until their resettlement within the municipality.

(2) The Estonian Social Insurance Board supports the beneficiary of international protection upon leaving the accommodation centre for applicants for international protection and establishing residence within the municipality, taking into account the health status of the beneficiary of protection, the place of residence of their relatives and next of kin, and other material circumstances, including employment and housing opportunities. The beneficiary of protection takes part in finding a suitable place of residence.

(3) The Social Insurance Board coordinates the settlement of a beneficiary of protection into a municipality within four months as of the date of granting a residence permit to a foreign national based on international protection or temporary protection.

(4) The Social Insurance Board organizes the departure of the beneficiary of international protection from the accommodation centre for applicants for international protection and provides them with assistance, where necessary.

1) when finding accommodation;

2) upon being provided with translation services;

3) upon obtaining information about their rights and obligations;

4) upon resolving other issues and referring to services.

(5) The Social Insurance Board enters into an administrative contract with a local authority or a legal person in private law for the reception of a beneficiary of protection and for the provision of the services listed in subsection 4 of this section to them.

(6) The following expenses incurred by a local authority or a legal person in private law are covered from the state budget:

1) expenses related to the entry into one-time lease agreement for the residential premises provided for the use of the beneficiary of protection during the first four months following the granting of protection.

2) the cost of translation services provided to a beneficiary of international protection during up to two years.

(7) The period for the reimbursement of expenses provided in subsection 6 of this section may be extended based on a reasoned application of a local authority or a legal person in private law.

(8) A beneficiary of international protection who refuses to settle in the residence provided within the municipality is required to independently find accommodation and bear all related costs. The beneficiary of protection is provided with accommodation in an accommodation centre for asylum seekers for up to two months as of the specified refusal, except in case where the beneficiary of protection is not actively looking for a residence.

(9) Where the beneficiary of protection had sufficient financial resources to pay for the services specified in subsection 6 of this section at the time of their use, they are obligated to reimburse the local authority for the expenses incurred.

§ 92. Rates of covering expenses incurred when beneficiary of protection settles within local authority

The covering of expenses for services provided to a beneficiary of protection to a local authority or a legal person in private law is based on the following rates:

1) costs related to the conclusion of a one-off residential lease agreement – up to six subsistence levels per household.

2) cost of the translation service – up to eight subsistence limits per person or up to 16 subsistence limits per household.

§ 93. Obligations of beneficiary of protection

The beneficiary of protection is obligated to observe the Estonian constitutional order and Estonian legislation, respect constitutional values and principles, the state based on freedom, justice and law, as well as the Estonian social order, the Estonian language and culture.

§ 94. Social rights of beneficiary of protection

During their stay in Estonia, a beneficiary of protection has the right to education, employment, social security benefits, subsistence allowance, and health care and labour market services on the grounds provided in legislation on equal terms with an Estonian citizen.

§ 95. Objective of adaptation programme

The objective of the adaptation programme is to support the migration process and integration of foreign nationals, as well as the acquisition of the Estonian language.

§ 96. Organisation of adaptation programme

(1) The state administers the adaptation programme through a foundation established to support the integration of persons with diverse linguistic and cultural backgrounds into Estonia and the Estonian cultural space, including support to adaptation and language learning. The founder's rights of the foundation are exercised by the Ministry of Culture.

(2) The adaptation programme activities are not provided to a foreign national specified in subsections 1 and 2 of § 98 of this Act in case such implementation is rendered impossible due to objective impediments arising from an emergency caused by mass influx.

(3) The minister in charge of the policy sector establishes, by a regulation, the adaptation programme for foreign nationals, the conditions and procedure for referral to participate in the adaptation programme, and for participation therein.

§ 97. Supervision

The Ministry of Culture exercises supervision over the foundation referred to in subsection 1 of § 96 of this Act.

§ 98. Participation of foreign national in adaptation programme

(1) The Police and Border Guard Board refers applicants for international protection to participate in the adaptation programme unless their application is being processed in an international protection border procedure.

(2) In accordance with subsection 1 of § 121¹ of the Foreign Nationals Act, the Ministry of Culture refers a foreign national who has been granted international protection or temporary protection to participate in the adaptation programme.

(3) The Ministry of Culture has the right to inform a foreign national of the obligation to participate in the adaptation programme.

§ 99. Content of adaptation programme

(1) The adaptation programme for an applicant for international protection consists of an orientation/settling-in thematic module and Estonian language training at the A1 level.

(2) The adaptation programme for a beneficiary of international protection consists of an international protection thematic module and Estonian language training at A1, A2, and B1 levels.

(3) The adaptation programme for a beneficiary of temporary protection consists of a temporary protection thematic module and Estonian language training at the A1 level.

(4) A foreign national specified in subsections 1 and 2 of § 98 of this Act, who is acquiring basic, secondary or higher education in the Estonian language, is not required to participate in the Estonian language training.

(5) Where a foreign national specified in subsections 1 and 2 of § 98 of this Act has completed the language proficiency training of the adaptation programme, or they have completed language training of the mandatory level funded from the state budget or from foreign funds within the past five years, such foreign national is not entitled to participate in the language proficiency training of the adaptation programme at the same level free of charge.

§ 100. Completion of adaptation programme

(1) A foreign national of working age from 18 years up to the statutory pensionable age, as specified in subsections 1 and 2 of § 98 of this Act, is required to complete the adaptation programme to the extent and in the manner provided by the regulation established based on subsection 3 of § 96.

(2) A foreign national who is incapable of fully completing the adaptation programme due to their state of health, participates in the adaptation programme to such an extent and in such a manner as their state of health permits.

§ 101. Reimbursement of adaptation programme costs

(1) A beneficiary of temporary protection or a beneficiary of international protection residing in Estonia may be required to reimburse the expenditures incurred for their language training where they have not acquired the language proficiency level in the Estonian language provided in the Language Act by the date of expiry of the period of validity of their residence permit:

1) in respect of a beneficiary of temporary protection, at least during the period of validity of the application of temporary protection, but no later than within three years as of the date on which temporary protection was granted;

2) in respect of a beneficiary of international protection, at least B1 level within five years as of the date of granting international protection.

(2) The organizer of the adaptation programme issues a notice of language training expenditures to a foreign national, on the basis of which the foreign national is required to reimburse the training expenditures. The notice of language study expenditures is an enforcement document or the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure.

§ 102. Processing of data relating to organization of adaptation programme

Data concerning the organization of the adaptation programme is processed in the adaptation programme database established based on the Foreign Nationals Act. Data concerning referral to and participation in the adaptation programme are processed in the register of granting international protection.

§ 103. Objective of registry of granting international protection

The objective of the Registry of Granting International Protection (hereinafter in this Chapter the registry) is to ensure public order and national security through the processing of data concerning applications submitted by applicants for international protection and for a residence permit on the basis thereof, applicants for a residence permit on the basis of temporary protection, refugees, beneficiaries of subsidiary protection, and beneficiaries of temporary protection, as well as by their family members.

§ 104. Data of registry and its processing

(1) For the purpose of maintaining the registry and fulfilling duties provided in the legislation of the Common European Asylum System, other European Union legislation, international agreements, acts and regulations, the following data concerning a foreign national is processed in the registry regarding temporary protection, the residence permit provided in this Act, and the extension and revocation thereof, international protection and the procedure for the transfer of a foreign national to a Member State of the European Union, and administrative acts issued and actions performed in the proceedings, as well as actions related to background checks, detention, and the adaptation programme:

1) general data;

2) data concerning gender identity, gender expression, and sexual orientation;

3) social media accounts data;

4) pseudonyms and previous names;

5) previous citizenships;

6) patronymic, place of birth, race, nationality or ethnic group, and language skills;

7) fingerprints and facial image, and data on taking of them or information on the impossibility of taking them;

8) information on the identity document and travel document;

9) civil status data;

10) biographical data;

11) health data;

12) data on the need for special procedural guarantees and special reception needs;

13) education and learning data;

14) employment and business data;

15) maintenance and legal income data;

16) religious affiliation and political views;

17) data on membership in a social group and organization;

18) data related to threats to public order;

19) data on the country of origin, travel itinerary, arrival in Estonia and stay in Estonia;

20) general data on the spouse, registered partner or partner, other relatives and acquaintances, data on pseudonyms, place of birth, language skills, previous citizenships, marital status and legal income, as well as other information that the foreign national deems necessary to submit about themselves.

21) data on the application for international protection, including previous or other applications for protection;

22) the grounds for applying for international protection, including the minutes of the personal interview, the transcript, and the audio recording;

23) the grounds for applying for a residence permit and data concerning the residence permit of a foreign national or right of residence issued by another state;

24) data on service and employment within conscription, the armed forces, as an active serviceman, or in an intelligence or security service, data on participation in a military operation outside Estonia, and data on service and employment in a governmental or non-governmental armed organization or unit.

25) data concerning membership in a criminal organization or a terrorist organization or an extremist group; data concerning presence in a territory controlled by a terrorist organization or an extremist group; data concerning exposure to or handling of firearms or explosive materials; and data concerning the commission of a crime against humanity or a war crime;

26) general data of the representative;

27) accommodation data;

28) data concerning the alternative to the restriction on the freedom of movement and detention applied on the basis of subsection 1 of § 60 or subsection 2 of § 67 of this Act as well as the contestation thereof;

29) the data referred to in Articles 12 and 14–18 of Regulation (EU) 2024/1356 of the European Parliament and of the Council concerning the conduct of the screening, its summary and completion;

30) The personal data referred to in subsection 2 of Article 3, subsection 1 of Article 13 and Article 25 of Regulation (EU) 2024/1358 of the European Parliament and of the Council, and information enabling the comparison of data and the identification of the person;

31) data related to the detention, including the place of detention, legal and factual basis, time, the name of the court that authorized the detention and the date of the court decision, as well as data on the contestation of the detention;

32) data concerning referral to and participation in the adaptation programme;

33) data concerning the procedural act, and data concerning the decision and its contestation;

34) any other material information concerning a foreign national or their application that the foreign national deems necessary to submit.

(2) When establishing the identity of a person and verifying their identity for the purposes of § 15⁵ of the Identity Documents Act, the general personal data and biometric data of the person entered in the register may be processed.

(3) The controller of the registry is the Police and Border Guard Board.

§ 105. Statutes of the registry

(1) The statutes of the registry is established by a regulation of the minister in charge of the policy sector.

(2) The statutes of the registry prescribes the procedure for the maintenance of the registry, including:

1) data providers and data received from them;

2) precise data composition;

3) data exchange between databases;

4) tasks of the controller;

5) the processor and their tasks;

6) rules on access to data and data provision;

7) more specific data retention periods;

8) other organizational issues.

(3) The data of the registry is retained for a period not exceeding 50 years. The precise retention periods for the underlying data and logs of the registry are prescribed in the statutes of the registry.

(4) Biometric data processed for the purpose of establishment or verification of the identity of a person is deleted from the registry immediately after the comparative analysis is performed.

(5) In private and public law relations, registry data concerning administrative acts issued and actions performed within the proceedings referred to in subsection 1 of section 104 of this Act may be taken as a basis for data regarding the existence of a legal basis for the temporary stay, residence and employment of a foreign national in Estonia, as well as the conditions for their temporary stay, residence and employment in Estonia.

§ 106. State supervision

(1) The Police and Border Guard Board and the Estonian Internal Security Service have the right to verify whether an applicant for international protection, a refugee, a beneficiary of subsidiary protection, a beneficiary of temporary protection and a family member thereof stays, resides and is employed in Estonia in accordance with the requirements provided in this Act and complies with the obligations and conditions provided herein.

(2) In accordance with the provisions of subsection 1 of this section, the Internal Security Service exercises state supervision over the circumstances of the stay, residence, and employment in Estonia of applicants for international protection, refugees, beneficiaries of subsidiary protection, beneficiaries of temporary protection, and their family members, in the performance of the duties arising from the Security Authorities Act for the prevention of crime.

§ 107. Special measures of state supervision

(1) When exercising state supervision over the circumstances of the stay, residence, and employment in Estonia of an applicant for international protection, a beneficiary of international protection, a beneficiary of temporary protection, and their family members, as well as a foreign national to be relocated, resettled or transferred to another Member State, organizing their detention in accordance with the procedure provided in the Obligation to Leave and Prohibition on Entry Act, and conducting a background check in respect of an applicant for international protection, the Police and Border Guard Board and the Estonian Internal Security Service may apply the special measures of state supervision provided in §§ 30–33 and 45–53 of the Law Enforcement Act, taking into account the specifications provided in the European Union acquis on international protection and in this Act.

(2) The Internal Security Service may apply the provisions concerning the processing of personal data laid down in the Security Authorities Act for the conduct of state supervision provided in this Act.

(3) The measures specified in §§ 50 and 51 of the Law Enforcement Act may only be applied where there is a well-founded suspicion that, without applying the specified measures, the prevention of the presumed illegal stay or employment in Estonia of a foreign national would be ineffective, and provided that other measures have been exhausted.

(4) When exercising state supervision, the Estonian Internal Security Service may apply direct coercion on the grounds and in accordance with the procedure provided in the Law Enforcement Act.

§ 108. Examination of previously submitted applications and requests

Applications and requests submitted before the entry into force of this Act are examined under the conditions and in accordance with the procedures in force at the time of the submission of the application or request.

§ 109. Specification for application of subsection 2 of § 98 of this Act

Until the commencement of the use of the adaptation programme database, the Police and Border Guard Board refers the person specified in subsection 2 of § 98 of this Act to participate in the adaptation programme.

§ 131. Entry into force of Act

(1) This Act enters into force on 12 June 2026.

(2) Clause 3 of § 114 of this Act enters into force on the date determined by the European Commission in the decision adopted in accordance with subsection 1 of Article 88 of Regulation (EU) 2018/1240 of the European Parliament and of the Council for the implementation of the European Travel Information and Authorisation System.

(3) Clause 2 of § 110 and clauses 4 and 9 of § 125 of this Act enter into force on 31 October 2029.