The Procedure And Terms For The Grant Of Approval Upon Making Decisions On The Issue Of Visas


Published: 2010-10-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The procedure and terms for the grant of approval upon making decisions on the issue of visas

Passed 17.06.2010 Annex 84

The Regulation is established on the basis of clause 101 (1) 3) of the Aliens Act.

§ 1.  Submission for approval

(1) A consular officer obtains approval for the issue of a visa from an agency within the area of Government of the Ministry of the Interior, which is designated by the Minister of the Interior.
(2) A consular officer submits the visa application to an agency within the area of government of the Ministry of the Interior for approval, together with all the data that the alien has presented for application for the visa, as well as other relevant information.
(3) A consular officer submits the visa application for approval again, if the applicant for a visa submits additional data or corrects the previously submitted data before the visa is issued, or if the consular officer changes the data regarding the applicant, that has been previously entered into the visa register.
(4) A visa application is submitted for approval electronically via the visa register.
(5) A consular officer obtains approval for the issue of a visa from other member states of the Schengen Convention pursuant to procedures provided for in Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July, 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.09.2009, pp. 1–58) (hereinafter – “Visa Code”), and other legislation of the European Union.

§ 2.  Grant and term of approval

(1) An agency within the area of Government of the Ministry of the Interior verifies the submitted data related to visa application according to the competence of this agency.
(2) An agency within the area of Government of the Ministry of the Interior verifies the data submitted by the applicant for a visa, consulting databases to which it has access and taking into consideration other circumstances known to the agency.
(3) An agency within the area of Government of the Ministry of the Interior grants approval to issue a visa or refuses to grant approval to issue a visa no later than three days following the day of submission of application for approval to issue a visa.
(4) In exceptional cases an agency within the area of Government of the Ministry of the Interior can prolong the term stated in subsection 3 for a period of up to seven calendar days following the day of submission of application for approval to issue a visa, except for cases provided for by the Visa Code.
(5) In cases of issue of a visa at border checkpoints and simplified issue of short-stay visas under an agreement which is binding upon the Republic of Estonia, an agency within the area of Government of the Ministry of the Interior approves the issue of a visa within one business day if necessary. The visa is submitted for approval by prefecture.
(6) If an agency within the area of Government of the Ministry of the Interior does not submit grant of approval or refusal to grant approval within the prescribed term, nor does it prolong the term for grant of approval, the approval of the issue of a visa is considered as granted.
(7) Grant of approval or refusal to grant approval is submitted electronically via the visa register.
(8) Refusal to grant approval is submitted together with the grounds for refusal to issue a visa pursuant to the provisions of subsection 65 (2) of the Aliens Act or the Visa Code.
(9) An agency within the area of government of the Ministry of the Interior describes all the activities carried out in the system in the course of approval of the issue of a visa in a user-friendly way.
(10) An agency within the area of Government of the Ministry of the Interior records in exceptional cases only the number of visa application, as well as the citizenship and the data related to residence of the applicant for a visa, obtained from the visa register on the basis of the request for approval.

§ 3.  Entry into force of Regulation

The Regulation enters into force on 1 October, 2010.

Tõnis LUKAS
Minister of Education and Research in the capacity of Prime Minister
Marko POMERANTS
Minister of Interior
Heiki LOOT
State Secretary