Procedure For Registration Of Alien’S Short-Term Employment In Estonia, And Establishing Of Formats Of Application For Registration Of Alien’S Short-Term Employment In Estonia


Published: 2012-01-01

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Procedure for registration of alien’s short-term employment in Estonia, and establishing of formats of application for registration of alien’s short-term employment in Estonia

Passed 14.07.2010 Annex 24
RT I 2010, 61, 436
Entry into force 01.10.2010
Amended by the following legal instruments (show)

Passed
Published
Entry into force

09.11.2010
RT I, 25.11.2010, 3
01.01.2011

22.12.2011
RT I, 29.12.2011, 72
01.01.2012

The Regulation is established under Subsection 110 (1) of the «Aliens Act».

Chapter 1 GENERAL PROVISIONS 

§ 1.  Applying for registration of short-term employment

In order to apply for the registration of short-term employment the employer, who wishes to invite an alien for short-term employment in Estonia (hereinafter employer) or a person authorised by him or her, shall submit to the Police and Border Guard Board a standard format application for registration of the short-term employment (hereinafter application). If the corporate documents of the employer, being a legal person, stipulate a joint right of representation, the additional form of the application shall be completed as well.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]

§ 2.  Requirements set to completing the application

(1) The Application shall be completed legibly and unambiguously in the Estonian language, and shall contain no corrections.
(2) All fields of the Application shall be completed in dark characters, which ensure the preservation of the data.
(3) All data fields of the application set forth by this Regulation must be filled in.
(4) The personal names indicated in the Application must match the name in the identity document or the travel document of the alien written in Roman letters.

§ 3.  Signing of application

(1) The application shall be signed personally by the employer who is a natural person.
(2) An application submitted by a legal person shall be signed by the person who is authorised to represent such legal person.
(3) An application submitted by a state or local government authority shall be signed by the head of the state or local government authority.
(4) If the employer uses services of a representative for performing any actions connected with submitting the application, the representative shall write his or her handwritten signature in the field intended for the signature of the representative.

§ 4.  Requirements established to documents and photographs appended to application

(1) In the event that the application is submitted by post, it is permissible to submit a copy of the document prescribed by Section 5 and 6 of this Regulation, instead of the original.
(2) If a copy of any document, other than the travel document of the alien, is appended to the application, the person signing the application shall confirm by his or her signature, written on every information-containing page of the copy, that the copy conforms to the original document, that it does not contain false information, and that it has not been counterfeited. The name and the date of the signatory shall be added to the signature.
(3) The photograph appended to the application shall comply with the requirements set for photographs submitted with identity document applications, established by the Government of the Republic under «Identity Documents Act».
(4) At the time of applying for the registration of short-term employment the alien’s travel documents must be effective for at least six months following the expiry of the registration of the short-term employment being applied for.

Chapter 2 REGISTRATION OF SHORT-TERM EMPLOYMENT IN ESTONIA AND DOCUMENTS SUBMITTED FOR APPLICATION 

§ 5.  Documents submitted upon applying for registration of short-term employment

The following documents shall be submitted upon applying for registration of short-term employment:
1) the application;
2) the alien’s photograph;
3) a document evidencing payment of the state fee or information regarding payment of the state fee;
4) a copy of the page of the alien’s travel document containing personal data;
5) a copy of the page of the identity document of the person submitting the application containing personal data, if the application was not submitted personally by the employer.

§ 6.  Additional documents appended to application

(1) A document evidencing of the professional training or experience shall be submitted to apply for registration of a short-term employment under Subsection 106 (1), clause 1 of the “Aliens Act” of a person, who is engaged in creative activities in a performing arts institution for the purposes of the Performing Arts Institutions Act.
(2) A document evidencing of the professional training or experience shall be submitted to apply for registration of short-term employment under Subsection 106 (1), clause 3 of the “Aliens Act” of a person engaged research work in Estonia.
(3) A certificate issued by the vocational educational institution, the student organisation or the educational institution, placing the alien shall be submitted to apply for registration of a short-term employment under Subsection 106 (1), clause 5 of the “Aliens Act” for vocational training purposes by way of field training through the mediation of a foreign educational institution or a student organisation, or by means of school placement by a foreign educational institution if it is a part of the training program.
(4) A copy of the voluntary service contract entered into by the alien and a youth association shall be submitted to apply for registration of a short-term employment under Subsection 106 (1), clause 6 of the “Aliens Act” within the framework of a youth project or program if the youth project or programme is recognised by the Ministry of Education and Research.
(5) A permit issued by the Ministry of Foreign Affairs shall be submitted to apply for registration of a short-term employment under Subsection 106 (1), clause 7 of the “Aliens Act” as service personnel of a diplomatic representation of a foreign state.
(6) A document evidencing of the professional training or experience shall be submitted to apply for registration of a short-term employment under Subsection 106 (1), clause 9 of the “Aliens Act” as an expert, adviser or consultant, provided that the alien has appropriate professional training for such activities.
(7) A document evidencing of the professional training or experience shall be submitted to apply for registration of a short-term employment under Subsection 106 (1), clause 10 of the “Aliens Act” as an installer of equipment or a skilled worker if the alien has acquired the relevant professional training.
(8) A document evidencing of the compliance with the terms and conditions of the international agreement, constituting the basis for registration of short-term employment, shall be submitted to apply for registration of a short-term employment under Subsection 106 (2) of the “Aliens Act” under an international agreement.

§ 7.  Registration of short-term employment

(1) Police and Border Guard Board shall carry out registration of the short-term employment or issues a refusal to register the same within 10 business days as of the day following the acceptance of the application.
(2) If in the application the applicant fails to provide the required information, or does not present all the required evidence, or if the application does not comply with the requirements set forth in the Regulation, or if there are any other omissions present, the Police and Border Guard Board shall provide the applicant a reasonable term for curing the omissions, explaining that if the omissions are not cured, the application will be dismissed.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]
(3) The employer shall be notified of the registration of the short-term employment, of the refusal to register the same, of revocation of the registration or dismissal of the application in accordance with the procedure set forth in the “Aliens Act”.
(4) A written confirmation shall be executed on the registration of the short-term employment. The confirmation shall be issued to the employer in accordance with the procedure set forth in the “Aliens Act”.

Chapter 3 DATA PROVIDED FOR REGISTRATION OF SHORT-TERM EMPLOYMENT IN ESTONIA 

§ 8.  Data submitted in application

(1) The application shall contain the following information about the employer:
1) if the employer is a natural person, the personal data of the employer (given name and surname, Estonian personal identification code or date of birth);
2) if the employer is a legal person, the name or designation and registry code of the employer;
3) if the employer is a legal person, the personal data of person(s) having the right to represent the employer (given name and surname, Estonian personal identification code or date of birth, and the basis of the right of representation);
4) the type of the legal person (public or private);
5) the contact information (postal address, telephone, fax, e-mail address);
(2) The application shall contain the following information about the alien for whom the registration of a short-term employment is applied:
1) the personal data (given names, surname, date of birth, country and place of birth, sex, citizenship);
2) the education (pre-school, basic, general secondary, vocational secondary, higher education, other);
3) the area of specialisation, profession acquired or being acquired;
4) the travel document data (type of document, document number, date of issue, last date of validity, issuing country);
5) information on the place of residence in the foreign state (street, building, apartment, town or village, rural municipality, county, postal code, country);
6) information on the place of residence or stay in Estonia (street, building, apartment, town or village, rural municipality, county, postal code);
7) the previous stay in Estonia and links to Estonia;
8) the contact information (telephone, e-mail address).
(3) The application shall contain the following information about the short-term employment:
1) the intended start and end date of employment in Estonia;
2) information on the workplace in Estonia (postal address, telephone, fax, e-mail address);
3) the type of short-term employment;
4) information on the amount of remuneration paid to the alien;
5) information on the position that the alien is recruited to.
(4) The application shall contain the following information on the person authorised to submit the application:
1) the personal data (given name and surname, Estonian personal identification code or date of birth);
2) the contact information (telephone, fax, e-mail address);
(5) In the application the employer shall indicate the manner of issuing the notices referred to in Subsection 7 (3) of this Regulation, and the confirmation referred to in Subsection 7 (4) of this Regulation.

Chapter 4 FINAL PROVISIONS 

§ 9.  Establishing of Formats

To establish:
1) Format “Application for short-term employment of an alien in Estonia” (Appendix 1);
2) Format “Additional form to for short-term employment of an alien in Estonia” (Appendix 2)

§ 10.  Entry into force of Regulation

The Regulation shall enter into force on 1 October 2010.
Appendix 1 Application for short-term employment of an alien in Estonia
Appendix 2 Additional form to for short-term employment of an alien in Estonia