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Procedure For Application For, Issue, Extension And Revocation Of Temporary Residence Permit And Work Permit And Procedure For Application For, Issue, Restoration And Revocation Of Long-Term Residence Permit And Establishment Of Format For Long-Term Resid


Published: 2012-07-02

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Procedure for application for, issue, extension and revocation of temporary residence permit and work permit and procedure for application for, issue, restoration and revocation of long-term residence permit and establishment of format for long-term residence permit and work permit

Passed 30.06.2010 Annex 88
RT I 2010, 48, 293
Entry into force 01.10.2010

PassedPublishedEntry into force
14.12.2010RT I, 22.12.2010, 201.01.2011
12.05.2011RT I, 18.05.2011, 119.06.2011
22.12.2011RT I, 29.12.2011, 13801.01.2012
28.06.2012RT I, 29.06.2012, 6602.07.2012

This Regulation is established on the basis of paragraphs 224(1)1) and 6), paragraphs 250(1)1) and 7) and paragraphs 268(1)1) and 5) of the Aliens Act.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Submission and acceptance of application

 (1) An applicant applying for temporary residence permit, extension of temporary residence permit, work permit, extension of work permit, long-term residence permit and restoration of long-term residence permit shall submit a standard format application (hereinafter in this Chapter application), to which the documents prescribed in the Regulation are annexed.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (2) An application shall be accepted on the date of submission of the application at the Police and Border Guard Board. An application submitted by post or at a foreign representation of Estonia shall be accepted on the workday following the date of arrival thereof at the Police and Border Guard Board at the latest.
[ RT I, 29.12.2011, 138 – entered into force 01.01.2012]

 (3) If an applicant fails to present the required data in the application or fails to submit all the required documents or if the application does not meet the requirements stipulated in the Regulation or the application contains other deficiencies, the Police and Border Guard Board shall grant the application a reasonable term for the elimination of deficiencies, explaining that if deficiencies are not eliminated, the application will not be reviewed.
[ RT I, 29.12.2011, 138 – entered into force 01.01.2012]

 (4) The term of processing the application shall be suspended for the duration of the elimination of deficiencies.

§ 2.  Requirements for applications and documents and photos to be annexed to applications

 (1) A standard format application for temporary residence permit, extension of temporary residence permit, work permit and extension of work permit shall be completed in printed letters in Estonian, English or Russian. A standard format application for long-term residence permit and restoration of long-term residence permit shall be completed in printed letters in Estonian.

 (2) The application may not contain corrections and all the data provided for in the Regulation shall be presented. The application fields shall be completed in dark ink, which ensures the preservation of the presented data.

 (3) The photo annexed to the application shall meet the requirements established for the photos to be submitted upon application for documents by a regulation of the Government of the Republic on the basis of the Identity Documents Act.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (4) Upon submitting the application by post, a copy of the document stipulated in the Regulation may be submitted instead of the original.

 (5) If a copy of a document is annexed to the application, the applicant shall sign every data-bearing page of the copy, confirming that the copy corresponds to the original document, does not contain false information and has not been forged. The name of the applicant and the date of signature shall be added to the signature.

 (6) An applicant does not need to present the document certifying the existence of an actual residential space required by the Regulation if his or her place of residence is registered in the Population Register in accordance with the procedure provided for in the Population Register Act.
[ RT I, 18.05.2011, 1 – entered into force 19.06.2011]

 (7) If fingerprinting is temporarily impossible from any finger of an applicant due to his or her state of health or if the permanent state of health of the applicant does not allow fingerprinting, he or she shall annex to the application a certificate concerning the impossibility of fingerprinting due to the applicant’s state of health issued by his or her doctor providing treatment, following the standard format established by a Government of the Republic regulation on the basis of the Identity Documents Act. Upon submitting the application at a foreign representation of Estonia, the applicant may annex the relevant certificate of a doctor of the foreign country instead of the standard format certificate. The document certifying the temporary impossibility of fingerprinting shall remain valid for up to 6 months and the certificate certifying the permanent impossibility of fingerprinting shall remain valid for up to 5 years.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (8) If an applicant cannot be fingerprinted from one hand or both hands due to the absence of the distal phalanx of a finger, the certificate specified in subsection (7) need not be annexed. An official shall verify the absence of the distal phalanx of a finger.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

§ 3.  Specimen signature

 (1) An applicant of at least 15 years of age shall write his or her signature in his or her own hand in the specimen signature field. If an applicant is incapable of writing the specimen signature, the specimen signature field shall be left empty. The official who receives the application shall make a notation on the application concerning the reason for leaving the specimen signature field empty.

 (2) The specimen signature field of an applicant who is a person less than 15 years of age, an adult with restricted active legal capacity or a person incapable of giving a signature shall be left empty. An applicant of 7 to 14 years or an applicant who is an adult with restricted active legal capacity may write his or her signature in the specimen signature field of the application.

 (3) An applicant shall write his or her signature in the specimen signature field of the application in dark ink where the recommended diameter of the lines of the letter should be 0.85 mm. A specimen signature shall not extend the lines of the specimen signature field.

§ 4.  Payment of state fees

 (1) If payment of a state fee has been prescribed for the review of an application, a document certifying the payment of the state fee shall be annexed to the application upon submission thereof.

 (2) Instead of submitting a document certifying the payment of the state fee, the person may submit the following written data concerning payment of the state fee:
 1) the name of the person who paid the state fee;
 2) the name of the person for whom the state fee was paid;
 3) the name of the act for which the state fee was paid;
 4) reference number;
 5) the date on which the state fee was paid;
 6) the name of the credit institution and the account to which and from which the state fee was paid;
 7) the paid amount.

 (3) If a person is exempt from the payment of the state fee or the rate of state fee payable by the person has been reduced, the person shall annex to the application a document certifying the applicant’s exemption from the payment of the state fee or reduction of the rate of the state fee payable by the applicant, or shall annex information concerning the applicant’s exemption from the payment of the state fee or reduction of the rate of the state fee payable by the applicant (number and date of the decision and the name of the official who made the decision).

 (4) Subsection (2) does not apply in the case of submission of an application at a foreign representation of Estonia.

§ 5.  Announcement of procedures and administrative acts

  The procedures and administrative acts stipulated in this Regulation shall be announced immediately in accordance with the procedure stipulated in the Aliens Act.

Chapter 2 GRANT OF TEMPORARY RESIDENCE PERMIT 

§ 6.  Submission of application for temporary residence permit

 (1) An alien applying for temporary residence permit (hereinafter in this Chapter applicant) shall submit a standard format application for temporary residence permit (hereinafter in this Chapter application) to a foreign representation of Estonia, which shall, after establishing or verifying the identity of the person and, if required, capturing biometrical data, forward it to the Police and Border Guard Board for processing.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (2) An alien specified in subsection 216(1) of the Aliens Act may submit an application to the Police and Border Guard Board.
[ RT I, 29.12.2011, 138 – entered into force 01.01.2012]

 (3) Upon the submission of an application, the identity of the alien shall be established or verified and, if required, biometrical data shall be captured at an administrative authority, for which purpose the alien shall be summoned to the administrative authority in person, except in the case the alien submitted the application to the administrative authority in person.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (4) [Repealed - RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (5) An alien holding a long-term residence permit of a member state of the European Union, except Estonia (hereinafter in this Chapter Member State of the European Union) shall submit, upon applying for temporary residence permit, a document certifying his or her status as a long-term resident of a Member State of the European Union.

 (6) When applying for a temporary residence permit an alien holding a European Union Blue Card of a Member State of the European Union (hereinafter – an EU Blue Card) presents an EU Blue Card issued in another Member State of the European Union, and an alien holding a residence permit of a Member State of the European Union as a family member of a holder of an EU Blue Card presents a document certifying that he or she has a residence permit issued by another Member State of the European Union as a family member of a person holding an EU Blue Card.
[RT I, 18.05.2011, 1 – entered into force 19.06.2011]

§ 7.  Request for submission of application for temporary residence permit to Police and Border Guard Board as exception

 (1) An alien who cannot, with good reason, submit an application for temporary residence permit to a foreign representation of Estonia, with regards to whose arrival in Estonia a reasoned proposal has been made by a member of the Government of the Republic on the grounds that arrival of the alien in Estonia is necessary on the basis of public interest, shall submit a written request for submission of an application for temporary residence permit to the Police and Border Guard Board as an exception (hereinafter in this Chapter - request).
[RT I, 29.06.2012, 66 – entered into force 02.07.2012]

 (2) Upon the submission of the request, the identity of the alien shall be established or verified and, if required, biometrical data shall be captured at an administrative authority, for which purpose the alien shall be summoned to the administrative authority in person, except in the case the alien submitted the request to the administrative authority in person.

 (3) The identity of an alien detained at a detention facility shall be verified by an official of the detention facility. Upon the submission of the request by post, the detention facility shall annex to the cover letter a written confirmation of the verification of the identity of the alien and
the verification of the fact that the person depicted on the photo annexed to the application is the person who is imprisoned, held in custody or held under arrest.
[RT I, 18.05.2011, 1 – entered into force 19.06.2011]

 (4) In the request, the alien shall indicate the reason for his or her inability to submit an application for temporary residence permit to a foreign representation of Estonia, or the alien shall submit the reasoned proposal with regards to his or her arrival in Estonia made by a member of the Government of the Republic, and shall provide data on his or her given name and surname, citizenship, personal identification code or date of birth, place of birth, address of residence and the date and circumstances of his or her arrival in Estonia.
[RT I, 29.06.2012, 66 – entered into force 02.07.2012]

 (5) An alien shall annex to the request the documents certifying the circumstances indicated in the request.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (6) The Police and Border Guard Board shall assess the reasonability of the request on the basis of the data presented in the request and the documents annexed thereto.

 (7) If an alien has good reason for not being able to submit an application for temporary residence permit to an Estonian representation, or with regards to his arrival in Estonia a reasoned proposal has been made by a member of the Government of the Republic, the Police and Border Guard Board shall satisfy the request and notify the alien in accordance with the procedure stipulated in the Aliens Act of the obligation to appear in person at the Police and Border Guard Board for the submission of the application for temporary residence permit, taking into consideration the specifications stipulated in the Aliens Act.
[RT I, 29.06.2012, 66 – entered into force 02.07.2012]

 (8) If an alien can submit an application for temporary residence permit to a foreign representation of Estonia, the Police and Border Guard Board shall reject his or her request or the reasoned proposal with regards to his or her arrival in Estonia made by a member of the Government of the Republic, return the original documents annexed to the request to the alien and inform the alien thereof in accordance with the procedure stipulated in the Aliens Act.
[RT I, 29.06.2012, 66 – entered into force 02.07.2012]

 (9) The decision on satisfying or rejecting a request shall be made within 30 days from the date of submission of the request.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (10) The decision of satisfying a request shall remain valid for three months from the date of the decision.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

§ 8.  Documents to be submitted upon application for temporary residence permit for settling with spouse permanently residing in Estonia

 (1) Upon application for temporary residence permit for settling with a spouse permanently residing in Estonia on the basis of subsection 118(1) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) a document certifying the contraction of marriage, if the marriage has been contracted outside Estonia;
 4) a document certifying that the spouse, for settling with whom the residence permit is applied for, has an actual dwelling in Estonia, except when the application is submitted in the case specified in subsection 137(3) of the Aliens Act;
 5) documents certifying the legal income of the spouses during the six months preceding the submission of the application and indicating the size, regularity and sources of income;
 6) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance;
 7) a curriculum vitae.

 (2) Upon application for temporary residence permit, the applicant shall also submit a written explanation, providing the following data:
 1) personal data (given names, surname, date of birth, citizenship);
 2) personal data of the spouse (given names, surname, Estonian personal identification code, citizenship);
 3) the reasons for applying for settlement in Estonia and the reasons for unwillingness to settle or impossibility of settling in the country of location or country of citizenship of the applicant;
 4) data concerning the family members and dependants of the applicant;
 5) data concerning the living conditions of the applicant (size of residential space, number of rooms, number of persons living in the residential space);
 6) data concerning the place of study, employment or service of the applicant (name of institution, postal address, position, telephone, e-mail address);
 7) data concerning the sources, size and regularity of income of the spouses;
 8) contact details of the applicant (postal address, telephone, e-mail address);
 9) date and place of contraction of marriage;
 10) data concerning the previous marriages of the spouses;
 11) personal data (Estonian personal identification code or date of birth, given names, surname, citizenship) of the close relatives (parents, siblings, children) of the applicant;
 12) data concerning the family members and dependants of the spouse;
 13) data concerning the living conditions of the spouse (size of residential space, number of rooms, number of persons living in the residential space), except when the application is submitted in the case specified in subsection 137(3) of the Aliens Act;
 14) data concerning the place of study, employment or service of the spouse (name of institution, postal address, position, telephone, e-mail address);
 15) contact details of the spouse (postal address, telephone, e-mail address);
 16) personal data (Estonian personal identification code, given names, surname, citizenship) of the close relatives of the spouse (parents, siblings, children).

 (3) The spouse, for settling with whom the residence permit is applied for, shall submit to the Police and Border Guard Board or a prefecture a written invitation for an alien to settle in Estonia, containing the following data
[RT I, 29.12.2011, 138 – entered into force 01.01.2012]:
 1) personal data (given names, surname, Estonian personal identification code, citizenship);
 2) personal data of the alien invited (given names, surname, date of birth, citizenship);
 3) data concerning the family members and dependants of the spouse;
 4) data concerning the living conditions of the spouse (size of residential space, number of rooms, number of persons living in the residential space), except when the application is submitted in the case specified in subsection 137(3) of the Aliens Act;
 5) data concerning the place of study, employment or service of the spouse (name of institution, postal address, position, telephone, e-mail address);
 6) data concerning the sources, size and regularity of income of the spouses;
 7) contact details of the spouse (postal address, telephone, e-mail address);
 8) date and place of contraction of marriage;
 9) data concerning the previous marriages of the spouses;
 10) personal data (Estonian personal identification code or date of birth, given names, surname, citizenship) of the close relatives (parents, siblings, children) of the spouse;
 11) data concerning the family members and dependants of the invited spouse;
 12) data concerning the living conditions of the invited spouse (size of residential space, number of rooms, number of persons living in the residential space);
 13) data concerning the place of study, employment or service of the invited spouse (name of institution, postal address, position, telephone, e-mail address);
 14) contact details of the invited spouse (postal address, telephone, e-mail address);
 15) personal data (Estonian personal identification code or date of birth, given names, surname, citizenship) of the close relatives (parents, siblings, children) of the invited spouse;
 16) confirmation that the spouse is permanently residing in Estonia;
 17) the reasons for the impossibility of the spouses to settle in their joint country of residence, the country of citizenship or country of location of the spouse applying for residence permit or in another country.

§ 9.  Documents to be submitted upon application for temporary residence permit for child to settle with parent permanently residing in Estonia

 (1) Upon application for temporary residence permit for a child to settle with a parent permanently residing in Estonia on the basis of subsection 118(2) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the birth certificate of the child;
 4) the personal identity document of the child, if he or she holds a personal identity document;
 5) a document certifying the existence of an actual dwelling of the parent in Estonia, except if the child and the parent arrive in Estonia together.

 (2) The application shall be submitted together with an invitation from the parent, for settling with whom the residence permit is applied for, providing the following data:
 1) personal data of the parent (given names, surname, Estonian personal identification code);
 2) personal data of the child (given names, surname, Estonian personal identification code or date of birth, citizenship);
 3) the number and relation to the parent of the family members and dependants of both parents;
 4) data concerning the living conditions of both parents (size of residential space, number of rooms, number of persons living in the residential space), except if the child and the parent arrive in Estonia together;
 5) data concerning the place of study, employment or service of both parents (name of institution, postal address, position, telephone, e-mail address);
 6) data concerning the sources, size and regularity of income of both parents;
 7) contact details of both parents (postal address, telephone, e-mail address);
 8) the reasons for application for settling the child in Estonia.

 (3) Upon application for residence permit for an adult child, the following shall be submitted in addition to the documents specified in subsection (1):
 1) a document issued by a competent authority, certifying that the child is incapable of coping independently due to his or her health condition or disability;
 2) the parent’s confirmation that he or she shall be obligated to cover the care and medical expenses of the child;
 3) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered by health insurance;
 4) a curriculum vitae.

 (4) Upon application for residence permit for a minor child, the documents specified in subsection (1) shall be submitted together with a confirmation from the parent, for settling with whom the residence permit is applied for, that the settlement of the minor in Estonia will not damage his or her rights and interests and his or her legal, economic and social condition will not deteriorate in connection therewith.

§ 10.  Documents to be submitted upon application for temporary residence permit for parent or grandparent to settle with adult child or grandchild permanently residing in Estonia

 (1) Upon application for temporary residence permit for a parent or grandparent to settle with an adult child or grandchild on the basis of subsection 118(2) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) documents certifying the family relationship;
 4) the applicant’s confirmation of the fact that the applicant is unable to receive care/assistance in his or her country of location;
 5) a document certifying the state of health of the applicant, if the need for care arises from the state of health;
 6) the reasons why the applicant wishes to settle in Estonia
 7) a document certifying the existence of an actual dwelling of the child or grandchild in Estonia;
 8) a document certifying the legal income of the child or grandchild, for settling with whom the residence permit is applied for, during the six months preceding the submission of the application or the joint legal income of the child or grandchild and the applicant during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 9) an insurance contract that ensures that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance;
 10) a curriculum vitae.

 (2) The child or grandchild, for settling with whom the residence permit is applied for, shall submit to the Police and Border Guard Board or a prefecture an invitation containing the following data
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]:
 1) personal data of the child or grandchild (given names, surname, Estonian personal identification code);
 2) personal data of the parent or grandparent (given names, surname, Estonian personal identification code or date of birth, citizenship);
 3) information as to since when the applicant needs care and the type of care needed;
 4) the reasons why the applicant is unable to receive care in his or her country of citizenship or location;
 5) data concerning the type of assistance the applicant has applied for in his or her country of location or citizenship and the results of the application;
 6) data concerning the state of health of the applicant, of the need for care arises from the state of health of the applicant;
 7) data concerning earlier care, if the need for care has been long-term;
 8) data concerning the place of residence of the child of grandchild (street, house, city or village, rural municipality, county, postal code);
 9) data concerning the family members and dependants of the child or grandchild;
 10) data concerning the living conditions of the child or grandchild (size of residential space, number of rooms, number of persons living in the residential space);
 11) data concerning the place of study, employment or service of the child or grandchild (name of institutions, postal address, position, telephone, e-mail address);
 12) data concerning the sources, size and regularity of income of the child or grandchild;
 13) a confirmation that the child or grandchild undertakes to cover the care and medical expenses of the applicant;
 14) contact details of the child or grandchild (postal address, telephone, e-mail address);
 15) the reasons for applying for settling the parent or grandparent in Estonia.

§ 11.  Documents to be submitted upon application for temporary residence permit for person under guardianship to settle with guardian permanently residing in Estonia

 (1) Upon application for temporary residence permit for a person under guardianship to settle with a guardian on the basis of subsection 118(2) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) documents certifying the appointment of guardianship;
 4) a document certifying the existence of an actual dwelling of the guardian in Estonian, except in the case the person under guardianship and the guardian arrive in Estonia together;
 5) a document certifying the legal income of the guardian and the person under guardianship during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 6) an insurance contract that ensures that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

 (2) The guardian, for settling with whom the residence permit is applied for, shall submit to the Police and Border Guard Board or a prefecture an invitation containing the following data;
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]
 1) personal data of the guardian (given names, surname, Estonian personal identification code);
 2) personal data of the person under guardianship (given names, surname, date of birth, citizenship);
 3) data concerning the family members and dependants of the guardian;
 4) data concerning the place of residence of the guardian (street, house, city or village, rural municipality, county, postal code, country), except in the case the person under guardianship and the guardian arrive in Estonia together;
 5) data concerning the living conditions of the guardian (size of residential space, number of rooms, number of persons living in the residential space);
 6) data concerning the place of study, employment or service of the guardian (name of institution, postal address, position, telephone, e-mail address);
 7) data concerning the sources, size and regularity of income of the guardian;
 8) contact details of the guardian (postal address, telephone, e-mail address);
 9) a confirmation that the guardian undertakes to cover the care and medical expenses of the applicant;
 10) the reasons for applying for settling the person under guardianship in Estonia.

§ 12.  Documents to be submitted upon application for temporary residence permit for study

 (1) Upon application for temporary residence permit for study on the basis of subsection 118(3) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) data certifying the alien’s sufficient proficiency in the language of study in accordance with the Regulation of the Minister of Education and Research established on the basis of subsection 168(3) of the Aliens Act;
 4) the applicant’s written justification of why the alien wishes to study in Estonia;
 5) a written confirmation of the educational institution or student organisation concerning the alien’s studies;
 6) a copy of the practical training agreement concluded between the applicant and the institution conducting the practical training, if the objective of study is to participate in practical training;
 7) a copy of the volunteer service agreement concluded between the applicant and a youth association, if the objective of study is to participate in volunteer service in the framework of a youth project or youth programme recognised by the Ministry of Education and Research;
 8) a document certifying the legal income of the family members of the applicant during the six months preceding the submission of the application, if the applicant himself or herself does not have a legal income, indicating the size, regularity and sources, except in the case the objective of study is to participate in volunteer service in the framework of a youth project or youth programme recognised by the Ministry of Education and Research;
 9) a document certifying the legal income of the family members of the applicant during the six months preceding the submission of the application, indicating the size, regularity and sources, except in the case the objective of study is to participate in volunteer service in the framework of a youth project or youth programme recognised by the Ministry of Education and Research;
 10) an insurance contract that ensures that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance;
 11) a curriculum vitae, except in case the applicant is less than 15 years of age.

 (2) An educational institution or student organisation shall submit to the Police and Border Guard Board or a prefecture a confirmation of the alien commencing studies, providing the following data
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]:
 1) the name, registration code, address, telephone, fax and e-mail address of the educational institution or student organisation, and the date of accreditation of the curriculum and the number of the education license of the educational institution;
 2) data concerning the alien (given names and surname, Estonian personal identification code or date of birth, citizenship), the name of the area of specialisation, course or practical training course where the alien is to commence studies and the length of the nominal period of study of the area of specialisation or course or practical training course and the expected date of commencement of studies or practical training;
 3) ) information concerning the living conditions in Estonia (information on whether the educational institution or student organisation will ensure residential space for the alien, address of the residential space, size of the residential space, number of rooms, number of persons living in the residential space).
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

 (3) The confirmation of an educational institution or student organisation shall remain valid for submitting an application for residence permit for two months from the date of issue of the confirmation.

§ 13.  Documents to be submitted upon application for temporary residence permit for employment

 (1) Upon application for temporary residence permit for employment on the basis of subsection 118(4) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the applicant’s written justification of why the alien wishes to settle and work in Estonia;
 4) a document certifying the existence of an actual dwelling of the applicant in Estonia;
 5) a curriculum vitae.

 (2) An employer who wishes to employ an alien shall submit to the Police and Border Guard Board or a prefecture a confirmation of employing the alien for obtaining a residence permit for employment and the permission of the Estonian Health Insurance Fund for filling the position by employing the alien.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

 (21) An employer who wishes to employ an alien applying for a temporary residence permit for working on the basis of Article 1901 of the Aliens Act, shall submit to the Police and Border Guard Board, in addition to the documents specified in subsection (2), the contract of employment with duration of at least one year, or the job offer where the employer expresses his wish to be legally bound by the contract to be concluded and undertakes to employ the alien for at least one year in a job or position that requires higher qualification, as designated in the concluded contract or submitted job offer.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

 (22) An employer who wishes to employ an alien applying for a temporary residence permit for working on the basis of Article 1901 of the Aliens Act, does not have to submit to the Police and Border Guard Board the permission of the Estonian Health Insurance Fund for filling the position by employing the alien, as stipulated in subsection (2), if the alien has been living in Estonia on the basis of an EU Green Card for at least two consecutive years and holds a valid EU Blue Card.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

 (3) In the employer’s confirmation of employing an alien, the employer shall present the following data:
 1) personal data of the alien (Estonian personal identification code or date of birth, given names, surname);
 2) education, acquired area of specialisation or profession of the alien;
 3) data concerning the place of work (address, telephone, fax, e-mail address);
 4) data concerning the employer (name of the employer who is a legal person or given names and surname of the employer who is a natural person, registration code/Estonian personal identification code, the employer’s area of activity, address, telephone, fax, e-mail address);
 5) data concerning the work and contract (date of the alien commencing work, end date of duties of employment, type of contract, position, remuneration).

 (4) The employer’s confirmation of employing an alien shall remain in force for submitting an application for residence permit for two months from the date of issue of the confirmation.

 (5) For the purposes of being exempted from the application of section 177 and subsections 178(1) and (2) of the Aliens Act, an alien specified in subsection 181(1) of the Aliens Act shall in addition to documents specified in subsection (1) submit the following documents or data:
 1) a minister of religion, a nun or monk – an invitation from a religious association;
 2) a journalist accredited by the Ministry of Foreign Affairs – a document certifying the accreditation by the Ministry of Foreign Affairs;
 3) an alien whose right to work in Estonia without a work permit arises from an international agreement – data concerning the international agreement forming the basis for working in Estonia;
 4) an alien engaged in creative activities in Estonia – documents or data certifying the applicant’s qualification or experience in the area of specialisation;
 5) for working as a teacher or lecturer at an educational institution meeting the requirements established by legal acts in Estonia – an invitation from the educational institution and documents certifying the applicant’s qualification in the area of specialisation;
 6) an alien engaged in research activities in Estonia – documents or data certifying the applicant’s qualification in the area of specialisation and a copy of the hosting agreement concluded between the research institution and the alien;
 7) an alien working as a member of a management body of a legal person registered in Estonia, with the duty to perform directing or supervisory functions – a confirmation from the legal person, containing the data specified in subsection (3)
[RT I, 29.06.2012, 66 – entry into force 02.07.2012];
 8) an athlete, coach, sports referee or sports official engaging in activities in his or her area of specialisation – a confirmation from the sports federation and employer, containing the data specified in subsection (3);
 9) a posted worker – – the contract of employment of a foreign state, an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance, and documents certifying the assignment.
[RT I, 29.06.2012, 66 – entry into force 02.07.2012]

 (6) An alien specified in subsection 181(2) of the Aliens Act, in case of non-application of section 177 and subsection 179(2) of the Aliens Act, shall in addition to the documents specified in subsection (1) present the following documents or data:
 1) and expert, advisor or consultant – a document certifying professional training;
 2) an alien working for a legal person governed by private law and for a branch of a foreign company registered in Estonia (hereinafter – legal person governed by private law), with the duty to perform directing or supervisory functions – a confirmation from the legal person, containing the data specified in subsection (3), and documents certifying activities of the legal person.
[RT I, 29.06.2012, 66 – entry into force 02.07.2012]

 (7) In the invitation specified in paragraph 1) of subsection (5), a religious association shall provide the following data:
 1) personal data of the alien (Estonian personal identification code or date of birth, given names, surname);
 2) an explanation of the reasons for inviting the alien to Estonia;
 3) contact details of the inviter (address, telephone, fax, e-mail address);
 4) data concerning the inviter (name and registration code of the inviter);
 5) data concerning the legal income of the alien during the term of validity of the residence permit applied for;
 6) information on whether the inviter ensure residential space and maintenance for the alien.

 (8) The copies of the documents specified in paragraphs (1) to (9) of subsection (5) or the certificates certifying the circumstances arising from subsection (5), as well as the invitation, confirmation and written explanation specified in subsection (5) shall remain valid for submitting an application for temporary residence permit for two months from the date of issue of the said documents.
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

 (9) An alien who applies for a temporary residence permit for working on the basis of section 1901 of the Aliens Act, submits, in addition to the documents specified in subsection (1), an assessment of a competent agency or a decision concerning recognition of the high qualification of the alien, or documents certifying the alien’s professional working experience of at least five years.
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

 (10) An assessment of a competent agency or a decision concerning recognition of the high qualification of the alien specified in subsection (9) can be submitted to the Police and Border Guard Board by the employer who wishes to employ an alien who applies for a temporary residence permit for working on the basis of section 1901 of the Aliens Act.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

§ 14.  Application for permission of Estonian Unemployment Insurance Fund

 (1) Upon application for the permission of the Estonian Unemployment Insurance Fund, an employer shall submit to the Estonian Unemployment Insurance Fund a written application together with the following documents:
 1) a copy of the personal identity document of the alien;
 2) documents certifying the education, area of specialisation and work experience of the alien.

 (2) The following data shall be provided in an application for the permission of the Estonian Unemployment Insurance Fund:
 1) data concerning the employer (name of the employer who is a legal person or the given names and surname of the employer who is a natural person, registration code / Estonian personal identification code, postal address);
 2) personal data of the alien (Estonian personal identification code or date of birth, given names, surname);
 3) the reasons why the employer wishes to employ the alien;
 4) information on how long the employer has been seeking a suitable employee in Estonia;
 5) information on which institutions involved in employment mediation the employer has turned to and where the employer has published the job offer;
 6) information on the duties of employment, for the performance of which job seekers did not have the suitable education, qualification or work experience;
 7) data concerning the vacant position and the requirements established for the employee.

 (3) If an employer submits copies of the documents specified in subsection (1), the copies shall be confirmed in accordance with the procedure stipulated in subsection 2(5).

 (4) The Estonian Unemployment Insurance Fund shall grant a motivated permission or refuse to grant a permission for employing an alien to fill the vacant position within seven workdays from the date of submission of the relevant application.

 (5) The permission of the Estonian Unemployment Insurance Fund shall remain valid for submitting an application for residence permit for two months from the date of issue of the permission.

§ 15.  Documents to be submitted upon application for temporary residence permit for enterprise

  Upon application for temporary residence permit for enterprise on the basis of subsection 118(5) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) a document certifying the alien’s capital investment in Estonia and the size of the capital controlled by the alien;
 4) a document certifying the education, acquired area of specialisation or profession of the applicant;
 5) the applicant’s written justification of why his or her settlement in Estonia is essential and necessary for enterprise on the basis national interest in the development of the Estonian economy;
 6) a description of the business plan, indicating at least the business idea (planned activities, potential customers and suppliers, development plans, as well as fixed assets, circulating capital and employees at the company’s disposal); financial forecast for the two following financial years (income forecast, balance sheet, cash turnover forecast) and curricula vitae of the persons performing directing or supervisory functions;
[RT I, 29.06.2012, 66 – entry into force 02.07.2012]
 7) a document certifying the existence of an actual dwelling of the applicant in Estonia;
 8) a document certifying the legal income of the applicant during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 9) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance;
 10) a curriculum vitae.

§ 16.  Documents to be submitted upon application for temporary residence permit in case of sufficient legal income for subsistence in Estonia

  [Repealed - RT I, 29.06.2012, 66 – entry into force 02.07.2012]

§ 17.  Documents to be submitted upon application for temporary residence permit if application for residence permit is based on international agreement

 (1) Upon application for temporary residence permit, if the application is based on an international agreement on the basis of subsection 118(7) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the applicant’s written justification of why the alien wishes to settle in Estonia, containing a reference to the provision of the international agreement, on which the application is based;
 4) documents certifying the circumstances forming the basis for application for residence permit;
 5) a document certifying the existence of an actual dwelling of the applicant in Estonia;
 6) a document certifying the legal income of the applicant or the family member ensuring his or her subsistence during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 7) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance;
 8) a curriculum vitae.

 (2) If a person who has settled in Estonia before 1 July 1990 and has not left to settle in another country after the said term:
 1) has no actual dwelling, he or she shall provide information on his or her factual place of residence or stay in Estonia;
 2) has no legal income, he or she shall provide proof of other means of subsistence or submit a written confirmation of the absence of means of subsistence;
 3) has no insurance contract, he or she shall submit a written confirmation of being unable to obtain the said document.

§ 18.  Invitation to be submitted upon application for residence permit

  The invitation specified in subsection 8(3), 9(2), 10(2) and 11(2) of the Regulation shall be signed by the inviter and annexed to the application by the applicant upon submitting the application. The invitation shall remain valid for submitting an application for residence permit for two months from the submission of the invitation to the Police and Border Guard Board.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

§ 19.  Additional documents to be submitted upon application for temporary residence permit for minor child

 (1) Upon application for temporary residence permit for a minor child, the consent of the parent, who does not intend to settle in Estonia or permanently resides in a foreign country, for the settlement of the minor child in Estonia shall be submitted. The consent shall bear the said parent’s signature notarised or officially authenticated at a foreign representation of Estonia and remain valid for submitting an application for residence permit for two months after the issue of the consent.
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

 (2) The consent specified in subsection (1) does not have to be submitted if the parent who does not intend to settle in Estonia or permanently resides in a foreign country submits the application for residence permit for the minor child or is present upon submission of the application at the Police and Border Guard Board and issues his written consent upon submission of the application.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

§ 20.  Additional documents to be submitted upon application for temporary residence permit by person punished pursuant to criminal procedure

  Upon application for temporary residence permit, a person punished pursuant to criminal procedure shall in addition to the documents stipulated in the Regulation submit a document certifying the punishment pursuant to criminal procedure, if the person has been punished by a law enforcement authority (court) of a foreign state.

§ 21.  Additional documents to be submitted upon application for temporary residence permit by alien connected to intelligence or security service of foreign state

 (1) An applicant who is or has been employed by or has served in an intelligence or security service of a foreign state shall in addition to the documents required upon application for a temporary residence permit as stipulated in the Regulation submit the following:
 1) a document certifying his or her employment and service;
 2) the consent of a competent authority of the applicant’s country of citizenship for the applicant to settle in Estonia, if the applicant is or has been employed by an intelligence or security service of that country;
 3) a document certifying the rank of the applicant if the applicant holds a rank;
 4) a document certifying that the applicant has been assigned to reserve forces or has retired, if the applicant has been assigned to reserve forces or has retired;
 5) a document certifying the marital status of the applicant.

 (2) The spouse or minor child of the alien specified in subsection (1) shall in addition to the documents required upon application for temporary residence permit as stipulated by the Regulation submit the following:
 1) the curriculum vitae of the alien specified in subsection (1);
 2) a document certifying the family relationship or marital status.

 (3) An applicant who is a citizen of a NATO member state is not required to submit the documents specified in subsection (1).

 (4) An applicant whose spouse or parent is a citizen of a NATO member state is not required to submit the documents specified in subsection (2).

§ 22.  Additional documents to be submitted upon application for temporary residence permit by alien connected to armed forces of foreign state

 (1) An applicant who is in the active or contractual service of the armed forces of a foreign state, or has served as a professional member of the armed forces of a foreign state and has been assigned to reserve forces thereof shall in addition to the documents stipulated in the Regulation submit the following upon application for temporary residence permit:
 1) the consent of a competent authority of the applicant’s country of citizenship for the applicant to settle in Estonia, if the applicant is in the active or contractual service of the armed forces of that country or has served in the armed forces of that country and has been assigned to reserve forces thereof;
 2) a document certifying his or her employment and service;
 3) a document certifying his or her rank;
 4) a document concerning the assignment of the applicant to reserve forces, if he or she has been assigned to reserve forces;
 5) a document certifying the marital status of the applicant.

 (2) An applicant who has served as a professional member of the armed forces of a foreign state and has retired therefrom, shall in addition to the documents required upon application for temporary residence permit as stipulated in the Regulation submit the following:
 1) a document certifying his or her employment and service;
 2) a document certifying his or her rank;
 3) a document certifying his or her retirement;
 4) a document certifying the marital status of the applicant.

 (3) An alien, who is included in the list referred to, specified and accepted by Estonia under clause 3 of Article 2 of the Agreement between the Republic of Estonia and the Russian Federation concerning social guarantees for the military pensioners of the Russian Federation staying on the territory of the Republic of Estonia, who has served in the armed forces of a foreign state and has retired therefrom, shall in addition to the documents required upon application for temporary residence permit as stipulated in the Regulation submit the following:
 1) a document certifying his or her employment and service;
 2) a document certifying his or her marital status.

 (4) An applicant who is a citizen of a NATO member state is not required to submit the documents specified in subsections (1) to (3).

 (5) The spouse, widow/widower, adult child or minor child of the alien specified in subsections (1) to (3) shall in addition to the documents required upon application for temporary residence permit as stipulated in the Regulation submit the following:
 1) a curriculum vitae of the alien specified in subsections (1) to (3);
 2) a document certifying the family relationship or marital status;
 3) a copy of the death certificate of the alien specified in subsection (3).

 (6) An applicant whose spouse or parent is a citizen of a NATO member state is not required to submit the documents specified in subsection (5).

§ 23.  Additional documents to be submitted upon application for temporary residence permit by alien staying in Estonia for prolonged periods

  An applicant who settled in Estonia before 1 July 1990 and has not left to settle in another country after the said date and wishes to be exempted from the application of the immigration quota on the basis of subsection 115(7) of the Aliens Act, shall in addition to the documents required upon application for temporary residence permit as stipulated in the Regulation submit the data and documents certifying the said circumstances.

§ 24.  Additional documents to be submitted upon application for temporary residence permit by alien of Estonian nationality

 (1) An alien of Estonian nationality who wishes to be exempted from the application of the immigration quota shall in addition to the documents required upon application for temporary residence permit as stipulated in the Regulation submit a document certifying his or her Estonian nationality.

 (2) The document specified in subsection (1) shall contain data concerning the nationality of the applicant or his or her parent or grandparent.

 (3) If an applicant submits a document concerning the Estonian nationality of his or her parent or grandparent, the applicant shall also add a document certifying his or her descent from the said person of Estonian nationality.

§ 25.  Term for reviewing applications for temporary residence permit

  An application shall be reviewed and the decision on the issue or refusal to issue a temporary residence permit shall be made within two months from the date of acceptance of the application or the date of elimination of deficiencies specified in subsection 1(3).

Chapter 3 EXTENSION OF TEMPORARY RESIDENCE PERMITS 

§ 26.  Submission of application for extension of temporary residence permit

 (1) An alien applying for extension of temporary residence permit (hereinafter in this Chapter applicant) shall submit a standard format application for extension of temporary residence permit (hereinafter in this Chapter application) to the Police and Border Guard Board.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

 (11) An application may be submitted to the Police and Border Guard Board by post in the cases stipulated in section 277 of the Aliens Act and in case no more than two years have passed from applicant’s last fingerprinting performed in the course of a residence permit or work permit procedure, right of residence procedure or issue of personal identity document procedure and the biometric data have not changed.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

 (2) An alien holding a long-term residence permit of a European Union Member State shall upon application for extension of temporary residence permit additionally submit a document certifying the status of a long-term resident of a European Union Member State.

 (3) An applicant shall submit the application not later than two months before the expiry of the validity term of the residence permit.

§ 27.  Documents to be submitted upon application for extension of temporary residence permit for settlement with spouse permanently residing in Estonia

 (1) Upon application for extension of residence permit for settlement with a spouse permanently residing in Estonia issued on the basis of subsection 118(1) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the applicant’s written confirmation of the fact that the spouses permanently reside in Estonia;
 4) a document certifying that the spouse, the extension of the temporary residence permit issued for settling with whom is applied for, has an actual dwelling in Estonia;
 5) a document certifying the legal income of the spouses during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 6) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

 (2) Upon application for extension of residence permit, an applicant shall also submit a written explanation containing the following data:
 1) the reasons why the spouses are unable to settle in their joint country of citizenship, the applicant’s country of citizenship or another country;
 2) data concerning the family members and dependants of the applicant;
 3) data concerning the living conditions of the applicant (size of residential space, number of rooms, number of persons living in the residential space);
 4) data concerning the place, work or service of the applicant (name of institution, postal address, position, telephone, e-mail address);
 5) contact details of the applicant (postal address, telephone, e-mail address).

 (3) In addition to the documents specified in subsection (1), the spouse for residing with whom the extension of residence permit is applied for, shall submit a written explanation concerning the following circumstances in case these circumstances have changed after the submission of the application for residence permit or the previous application for extension of residence permit:
 1) data concerning his or her family members and dependants;
 2) data concerning his or her living conditions (size of residential space, number of rooms, number of persons living in the residential space);
 3) data concerning his or her place of study, employment or service (name of institution, postal address, position, telephone, e-mail address);
 4) his or her contact details (postal address, telephone, e-mail address);
 5) the reasons why the spouses are unable to settle in their joint country of citizenship, the country of citizenship or country of location of the spouse applying for extension of residence permit or another country.

 (4) If the data specified in subsections (2) and (3) have not changed, the applicant and the spouse, for residing with whom the extension of residence permit is applied for, shall submit a joint written confirmation of the fact that the circumstances specified in subsections (2) and (3) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit.

§ 28.  Documents to be submitted upon application for extension of temporary residence permit for child to settle with parent permanently residing in Estonia

 (1) Upon application for extension of temporary residence permit for a minor child to settle with a parent permanently residing in Estonia issued on the basis of subsection 118(2) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the personal identity document of the child, if he or she holds a personal identity document;
 4) a document certifying that the parent, for residing with whom the extension of temporary residence permit is applied for, has an actual dwelling in Estonia.

 (2) The application shall be submitted together with the written explanation of the parent, for residing with whom the extension of residence permit is applied for, indicating the following data:
 1) the number and relationship to parent of the family members and dependants of both parents;
 2) data concerning the living conditions of both parents (size of residential space, number of rooms, number of persons living in the residential space);
 3) data concerning the place of study, employment or service of both parents (name of institution, postal address, position, telephone, e-mail address);
 4) data concerning the sources, size and regularity of income of both parents;
 5) contact details of both parents (postal address, telephone, e-mail address).

 (3) Upon application for extension of residence permit for an adult child, the following shall be submitted in addition to the documents specified in subsection (1):
 1) a certificate from a competent authority, certifying that the applicant is unable to cope independently due to his or her state of health or disability;
 2) the parent’s confirmation of continuing to cover the care and medical expenses of the child;
 3) the parent’s confirmation of the fact that he or she and the child permanently reside in Estonia;
 4) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

 (4) Upon application for extension of residence permit for a minor child, the parent’s written confirmation of the fact that the continued residence of the child in Estonia does not damage his or her rights and interests and his or her legal, economic and social status has not deteriorated in connection with settling in Estonia shall be submitted in addition to the documents specified in subsection (1).

§ 29.  Documents to be submitted upon application for extension of temporary residence permit for parent or grandparent to settle with adult child or grandchild permanently residing in Estonia

 (1) Upon application for extension of temporary residence permit for a parent or grandparent to settle with an adult child or grandchild permanently residing in Estonia issued on the basis of subsection 118(2) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) a written confirmation of the child or grandchild undertaking to cover the care and medical expenses of the parent or grandparent;
 4) a written confirmation of the parent or grandparent of the fact that he or she and his or her child or grandchild permanently reside in Estonia;
 5) a document certifying that the child or grandchild, for residing with whom the extension of residence permit is applied for, has an actual dwelling in Estonia;
 6) a document certifying the legal income of the child or grandchild, for residing with whom the extension of residence permit is applied for, during the six months preceding the submission of the application or the joint legal income of the child or grandchild and the applicant during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 7) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

 (2) In addition to the documents specified in subsection (1), the child or grandchild, for residing with whom the extension of residence permit is applied for, shall submit a written explanation concerning the following circumstances in case these circumstances have changed after the submission of the application for residence permit or the previous application for extension of residence permit:
 1) data concerning the type of care needed by the applicant;
 2) the reasons why the applicant is unable to receive care in his or her country of citizenship or country of location;
 3) the reasons why the applicant wishes to reside in Estonia;
 4) data concerning the applicant’s state of health, if the need for care arises from the applicant’s state of health;
 5) data concerning the place of residence of the child or grandchild (street, house, city or village, rural municipality, county, postal code, country);
 6) data concerning the family members and dependants of the child or grandchild;
 7) data concerning the living conditions of the child or grandchild (size of residential space, number of rooms, number of persons living in the residential space);
 8) data concerning the place of study, employment or service of the child or grandchild (name of institution, postal address, position, telephone, e-mail address);
 9) contact details of the child or grandchild (postal address, telephone, e-mail address).

 (3) If the data specified in subsection (2) have not changed, the child or grandchild, for residing with whom the extension of residence permit is applied for, shall submit a written confirmation of the fact that the circumstances specified in subsection (2) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit.

§ 30.  Documents to be submitted upon application for extension of temporary residence permit for person under guardianship to settle with guardian permanently residing in Estonia

 (1) Upon application for extension of temporary residence permit for a person under guardianship to settle with a guardian permanently residing in Estonia issued on the basis of subsection 118(2) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the guardian’s written confirmation of undertaking to cover the care and medical expenses of the person under guardianship;
 4) the guardian’s written confirmation of the fact that he or she and the person under guardianship permanently reside in Estonia;
 5) a document certifying that the guardian has an actual dwelling in Estonia;
 6) a document certifying the legal income of the guardian or the guardian and the person under guardianship during the six months preceding the submission of the application, indicating the sources, size and regularity of income;
 7) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

 (2) In addition to the documents specified in subsection (1), the guardian, for residing with whom the extension of residence permit is applied for, shall submit a written explanation concerning the following circumstances in case these circumstances have changed after the submission of the application for residence permit or the previous application for extension of residence permit:
 1) data concerning the family members and dependants of the guardian;
 2) data concerning the place of residence of the guardian (street, house, city or village, rural municipality, county, postal code, country);
 3) data concerning the living conditions of the guardian (size of residential space, number of rooms, number of persons living in the residential space);
 4) data concerning the place of study, employment or service of the guardian (name of institution, postal address, position, telephone, e-mail address);
 5) contact details of the guardian (postal address, telephone, e-mail address).

 (3) If the data specified in subsection (2) have not changed, the guardian, for residing with whom the extension of residence permit is applied for, shall submit a written confirmation of the fact that the circumstances specified in subsection (2) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit.

§ 31.  Documents to be submitted upon application for extension of temporary residence permit for study

 (1) Upon application for extension of temporary residence permit for study issued on the basis of subsection 118(3) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) data certifying the alien’s sufficient proficiency in the language of study in accordance with the Regulation of the Minister of Education and Research established on the basis of subsection 168(3) of the Aliens Act;
 4) the applicant’s written justification of why the alien wishes to continue studies in Estonia;
 5) a written confirmation of the educational institution or student organisation concerning the alien’s studies;
 6) a copy of the practical training agreement concluded between the applicant and the institution conducting the practical training, if the objective of study is to participate in practical training;
 7) a copy of the volunteer service agreement concluded between the applicant and a youth association, if the objective of study is to participate in volunteer service in the framework of a youth project or youth programme recognised by the Ministry of Education and Research;
 8) a document certifying the legal income of the applicant during the six months preceding the submission of the application, indicating the size, regularity and sources, except in the case the objective of study is to participate in volunteer service in the framework of a youth project or youth programme recognised by the Ministry of Education and Research;
 9) a document certifying the legal income of the family members of the applicant during the six months preceding the submission of the application, if the applicant himself or herself does not have a legal income, indicating the size, regularity and sources, except in the case the objective of study is to participate in volunteer service in the framework of a youth project or youth programme recognised by the Ministry of Education and Research;
 10) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

 (2) An educational institution or student organisation shall submit to the Police and Border Guard Board a confirmation of the alien’s studies, providing the following data concerning the continuation of studies
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]:
 1) the name, registration code, address, telephone, fax and e-mail address of the educational institution or student organisation, and the date of accreditation of the curriculum and the number of the education license of the educational institution;
 2) data concerning the alien (given names, surname, Estonian personal identification code, citizenship), the name of the area of specialisation, course or practical training course where the alien is studying, indicating the date of commencement of studies, and the length of the nominal period of study of the area of specialisation or course or practical training course;
 3) information concerning the living conditions in Estonia (information on whether the educational institution or student organisation will ensure residential space for the alien, address of the residential space, size of the residential space, number of rooms, number of persons living in the residential space).
[RT I, 18.05.2011, 1– entered into force 19.06.2011]

 (3) The confirmation of an educational institution or student organisation shall remain valid for submitting an application for extension of residence permit for two months from the date of issue of the confirmation.

§ 32.  Documents to be submitted upon application for extension of temporary residence permit for employment

 (1) Upon application for extension of temporary residence permit for employment, if an alien has been issued a residence permit on the basis of subsection 118(4) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the applicant’s written justification of why the alien wishes to continue working in Estonia;
 4) a document certifying the existence of an actual dwelling of the applicant in Estonia.

 (2) An employer who wishes to continue to employ an alien shall submit to the Police and Border Guard Board a confirmation of the employment of the alien.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

 (3) In the employer’s confirmation of the continued employment of an alien, the employer shall present the following data:
 1) personal data of the alien (Estonian personal identification code, given names, surname);
 2) education, acquired area of specialisation or profession of the alien;
 3) data concerning the place of work (address, telephone, fax, e-mail address);
 4) data concerning the employer (name of the employer who is a legal person or given names and surname of the employer who is a natural person, registration code/Estonian personal identification code, the employer’s area of activity, address, telephone, fax, e-mail address);
 5) data concerning the contract concluded with the alien (date on which the alien commenced work, end date of the contract, type of contract, position, remuneration).
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

 (4) The employer’s confirmation of the continued employment of an alien shall remain in force for submitting an application for extension of residence permit for two months from the date of issue of the confirmation.

 (5) An alien specified in subsection 181(1) of the Aliens Act shall in addition to the documents specified in subsection (1) submit the data or documents specified in subsection 13(5) upon application for extension of temporary residence permit for employment.

 (6) An alien specified in subsection 181(2) of the Aliens Act shall in addition to the documents specified in subsection (1) submit the document specified in subsection 13(6) upon application for extension of temporary residence permit for employment.

§ 33.  Application for permission of Estonian Unemployment Insurance Fund for continuing filling position by employment of alien

  [Repealed RT I, 18.05.2011, 1 – entry into force 19.06.2011].

§ 34.  Documents to be submitted upon application for extension of temporary residence permit for enterprise

  Upon application for extension of temporary residence permit for enterprise, if an alien has been issued a residence permit on the basis of subsection 118(5) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) a document certifying the size of the alien’s capital investment in Estonia or the size of the alien´s company return on sales;
[RT I, 29.06.2012, 66 – entry into force 02.07.2012]
 4) a document certifying the education, acquired area of specialisation or profession of the applicant;
 5) the applicant’s written justification of why his or her continued residence in Estonia is essential and necessary for enterprise on the basis national interest in the development of the Estonian economy;
 6) a description of the business plan, indicating at least the business idea (planned activities, potential customers and suppliers, development plans, as well as fixed assets, circulating capital and employees at the company’s disposal); financial forecast for the two following financial years (income forecast, balance sheet, cash turnover forecast) and curricula vitae of the persons performing directing or supervisory functions;
[RT I, 29.06.2012, 66 – entry into force 02.07.2012]
 7) a document certifying the existence of an actual dwelling of the applicant in Estonia;
 8) a document certifying the legal income of the applicant during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 9) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

 (2) In case the information specified in clause (1) 6) has not changed, the applicant submits a written confirmation certifying that the circumstances specified in clause (1) 6) have not changed after the submission of the application for residence permit or the application for extension of the previous residence permit.
[ RT I, 18.05.2011, 1 entry into force 19.06.2011]

§ 35.  Documents to be submitted upon application for extension of temporary residence permit in case of sufficient legal income for subsistence in Estonia

  Upon application for extension of temporary residence permit in case of sufficient legal income for subsistence in Estonia issued on the basis of subsection 118(6) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the applicant’s written justification of why he or she wishes to continue residing in Estonia;
 4) a document certifying the existence of an actual dwelling of the applicant in Estonia;
 5) a document certifying the legal income of the applicant or the family member ensuring his or her subsistence during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 6) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

§ 36.  Documents to be submitted upon application for extension of temporary residence permit if application for residence permit is based on international agreement

 (1) Upon application for extension of temporary residence permit, the application for which was based on an international agreement and which was issued on the basis of subsection 118(7) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the applicant’s written justification of why the alien wishes to continue residing in Estonia, containing a reference to the provision of the international agreement, on which the application is based;
 4) documents certifying the circumstances forming the basis for application for extension of residence permit;
 5) a document certifying the existence of an actual dwelling of the applicant in Estonia;
 6) a document certifying the legal income of the applicant or the family member ensuring his or her subsistence during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 7) an insurance contract that ensures the payment of the medical expenses arising from the illness or injury of the applicant during the validity term of the residence permit applied for in the same extent with persons covered under health insurance.

 (2) If a person who has settled in Estonia before 1 July 1990 and has not left to settle in another country after the said term:
 1) has no actual dwelling, he or she shall provide information on his or her factual place of residence or stay in Estonia;
 2) has no legal income, he or she shall provide proof of other means of subsistence or submit a written confirmation of the absence of means of subsistence;
 3) has no insurance contract, he or she shall submit a written confirmation of being unable to obtain the said document.

§ 37.  Additional documents to be submitted upon application for extension of temporary residence permit for minor child

 (1) Upon application for extension of temporary residence permit for a minor child, the consent of the parent who does not intend to settle in Estonia or permanently resides in a foreign country for the continued residence of the minor child in Estonia shall be submitted, if the consent issued upon application for temporary residence permit was given for a fixed term. The consent shall bear the said parent’s signature notarised or officially authenticated at a foreign representation of Estonia and remain valid for submitting an application for extension of residence permit for two months after the issue of the consent.
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

 (2) If submission of an application for temporary residence permit was based on the provisions of subsection 19 (2), and the issued written consent of the parent who does not intend to settle in Estonia or permanently resides in a foreign country was issued for a fixed term, the consent of the parent who does not intend to settle in Estonia or permanently resides in a foreign country corresponding to the provisions of subsection (1) is annexed to the application for extension of temporary residence permit.
[RT I, 18.05.2011, 1 – entry into force 19.06.2011]

§ 38.  Additional documents to be submitted upon application for extension of temporary residence permit by person punished pursuant to criminal procedure

  Upon application for extension of temporary residence permit, a person punished pursuant to criminal procedure shall in addition to the documents stipulated in the Regulation submit a document certifying the punishment pursuant to criminal procedure, if the alien has been punished by a law enforcement authority (court) of a foreign state after the submission of the application for residence permit or the previous application for extension of residence permit.

§ 39.  Additional documents to be submitted upon application for extension of temporary residence permit by alien connected to intelligence or security service of foreign state

 (1) An applicant who is or has been employed by or has served in an intelligence or security service of a foreign state shall in addition to the documents stipulated in the Regulation submit the following documents, if the relevant circumstances have changed after the submission of the application for residence permit or the previous application for extension of residence permit:
 1) a document certifying his or her employment and service;
 2) a document certifying the rank of the applicant if the applicant holds a rank;
 3) a document certifying that the applicant has been assigned to reserve forces or has retired, if the applicant has been assigned to reserve forces or has retired after the issue of residence permit;
 4) a document certifying the marital status of the applicant.

 (2) If the circumstances specified in subsection (1) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit, the applicant shall submit a written confirmation of the fact that the circumstances specified in subsection (1) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit.

 (3) An applicant who is a citizen of a NATO member state is not required to submit the documents specified in subsections (1) and (2).

§ 40.  Additional documents to be submitted upon application for extension of temporary residence permit by alien connected to armed forces of foreign state

 (1) An applicant who is in the active or contractual service of the armed forces of a foreign state, or has served as a professional member of the armed forces of a foreign state and has been assigned to reserve forces thereof shall in addition to the documents stipulated in the Regulation submit the following documents upon application for extension of temporary residence permit, if relevant circumstances have changed after the submission of the application for residence permit or the previous application for extension of residence permit:
 1) a document certifying his or her employment and service;
 2) a document certifying his or her rank;
 3) a document concerning the assignment of the applicant to reserve forces, if he or she has been assigned to reserve forces;
 4) a document certifying the marital status of the applicant.

 (2) If the circumstances specified in subsection (1) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit, the applicant shall submit a written confirmation of the fact that the circumstances specified in subsection (1) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit.

 (3) An applicant who has served as a professional member of the armed forces of a foreign state and has retired therefrom, shall in addition to the documents required upon application for extension of temporary residence permit as stipulated in the Regulation submit a document certifying his or her marital status, if the said circumstances have changed after the submission of the application for residence permit or the previous application for extension of residence permit.

 (4) An alien, who is included in the list referred to, specified and accepted by Estonia under clause 3 of Article 2 of the Agreement between the Republic of Estonia and the Russian Federation concerning social guarantees for the military pensioners of the Russian Federation staying on the territory of the Republic of Estonia, who has served in the armed forces of a foreign state and has retired therefrom, shall in addition to the documents required upon application for extension of temporary residence permit as stipulated in the Regulation submit a document certifying his or her marital status, if the said circumstances have changed after the submission of the application for residence permit or the previous application for extension of residence permit.

 (5) An applicant who is a citizen of a NATO member state is not required to submit the documents specified in subsections (1) to (4).

 (6) A family member of an alien who has retired from the armed forces of a foreign state as specified in subsection (3) shall in addition to the documents required upon extension of temporary residence permit as stipulated in the Regulation submit a document certifying his or her marital status, if his or her marital status has changed after the submission of the application for residence permit or the previous application for extension of residence permit, as well as the curriculum vitae of the person who has retired from the armed forces of a foreign country, if the alien has married the said person after the submission of the application for residence permit or the previous application for extension of residence permit.

 (7) An applicant whose spouse is a citizen of a NATO member state is not required to submit the documents specified in subsection (6).

§ 41.  Term for reviewing applications for extension of temporary residence permit

 (1) The decision on the extension of a residence permit or refusal to extend a residence permit shall be made not later than ten days before the expiry of the validity term of the temporary residence permit.

 (2) If an application contains deficiencies specified in subsection 1(3), the decision on the extension of a residence permit or refusal to extend the residence permit shall be made within two months from the date of elimination of the deficiencies.

 (3) If the date of an application for extension of residence permit is reinstated, the decision on the extension of the residence permit or refusal to extend the residence permit shall be made within two months from the date of submission of the application for extension of residence permit.

Chapter 4 ISSUE OF WORK PERMIT 

§ 42.  Submission of application for work permit

 (1) An alien wishing to receive a work permit (hereinafter in this Chapter applicant) shall submit a standard format application for work permit (hereinafter in this Chapter application) to the Police and Border Guard Board.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

 (2) Upon application for a work permit simultaneously with application for a temporary residence permit, an applicant may submit an application together with the application for temporary residence permit to a foreign representation of Estonia, who shall forward it to the Police and Border Guard Board for processing.

§ 43.  Documents to be submitted upon application for work permit

 (1) Upon application for work permit, if an alien has been issued a residence permit on the basis of subsection 118(3) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the consent of an educational institution for the alien to work;
 4) the applicant’s written justification of the necessity of working;
 5) data concerning the place of work (data concerning the employer, registration code / Estonian personal identification code, area of activity of the employer, address, telephone, fax and e-mail address of the employer);
 6) a description of the work;
 7) data concerning the contract (type of contract, the volume of the alien’s working hours per month, the expected date of commencement of work and end date of the contract, position, remuneration).

 (2) In the consent of an educational institution for an alien to work, the educational institution shall provide the following data:
 1) the name, registration code and address of the educational institution;
 2) data concerning the time and volume of lectures sand practical training on the basis of the organisation of studies.

 (3) The consent specified in subsection (1) shall remain valid for submitting an application for work permit for two months from date of issue of the consent.

§ 44.  Term for reviewing applications for work permit

 (1) If an applicant holds a residence permit, the application shall be reviewed and the decision on the issue of a work permit or refusal to issue a work permit made within one month from the date of acceptance of the application or the date of elimination of the deficiencies specified in subsection 1(3).

 (2) In the case specified in subsection 42(2), the decision on the issue of a work permit or refusal to issue a work permit shall be made in conjunction with the decision on the issue of a temporary residence permit or refusal to issue a temporary residence permit.

Chapter 5 EXTENSION OF WORK PERMIT 

§ 45.  Submission of application for extension of work permit

  An alien applying for extension of work permit (hereinafter in this Chapter applicant) shall submit a standard format application for extension of work permit (hereinafter in this Chapter application) to the Police and Border Guard Board not later than two months before the expiry of the validity term of the work permit.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

§ 46.  Documents to be submitted upon application for extension of work permit

 (1) Upon application for extension of work permit, if an alien has been issued a residence permit on the basis of subsection 118(3) of the Aliens Act, the following shall be submitted:
 1) an application;
 2) a photo;
 3) the consent of an educational institution for the alien to work;
 4) the applicant’s written justification of the necessity of working;
 5) data concerning the place of work (data concerning the employer, registration code / Estonian personal identification code, area of activity of the employer, address, telephone, fax and e-mail address of the employer);
 6) a description of the work;
 7) data concerning the contract (type of contract, the volume of the alien’s working hours per month, the expected date of commencement of work and end date of the contract, position, remuneration).

 (2) In the consent of an educational institution for an alien to work, the educational institution shall provide the following data:
 1) the name, registration code and address of the educational institution;
 2) data concerning the time and volume of lectures sand practical training on the basis of the organisation of studies.

 (3) The consent specified in subsection (1) shall remain valid for submitting an application for extension of work permit for two months from date of issue of the consent.

§ 47.  Term for reviewing applications for extension of work permit

 (1) An application shall be reviewed and the decision on the extension of the work permit or refusal to extend the work permit made within one month from the date of acceptance of the application or the date of elimination of the deficiencies specified in subsection 1(3).

 (2) If an alien has submitted an application for extension of temporary residence permit, the decision on the extension of the work permit or refusal to extend work permit shall be made in conjunction with the decision on the extension of the temporary residence permit or refusal to extend the temporary residence permit.

Chapter 6 APPLICATION FOR LONG-TERM RESIDENCE PERMIT AND RESTORATION THEREOF 

§ 48.  Submission of application for long-term residence permit and restoration of long-term residence permit

 (1) An alien applying for a long-term residence permit or the restoration of a long-term residence permit (hereinafter in this Chapter applicant) shall submit a standard format application for long-term residence permit and restoration of long-term residence permit (hereinafter in this Chapter application) to the Police and Border Guard Board not later than two months before the expiry of the validity term of the temporary residence permit.
[ RT I, 29.12.2011, 138 – entry into force 01.01.2012]

 (11) An application may be submitted to the Police and Border Guard Board by post in the cases stipulated in section 277 of the Aliens Act and in case no more than two years have passed from applicant’s last fingerprinting performed in the course of a residence permit or work permit procedure, right of residence procedure or issue of personal identity document procedure and the biometric data have not changed.
[ RT I, 22.12.2010, 2 – entry into force 01.01.2011]

 (2) An application for a child less than one year of age, who has previously not been issued a residence permit in Estonia, shall be submitted in person by the legal representative of the child less than one year of age.
[ RT I, 22.12.2010, 2 – entry into force 01.01.2011]

§ 49.  Documents to be submitted upon application for long-term residence permit and restoration of long-term residence permit

 (1) Upon application for long-term residence permit, an applicant shall submit the following documents:
 1) an application;
 2) a photo;
 3) the applicant’s personal identity document;
 4) a document certifying the applicant’s regular and legal income during the six months preceding the submission of the application, indicating the size, regularity and sources of income, except in case the applicant’s subsistence is ensured by his or her family member;
 5) an Estonian language proficiency examination certificate or data concerning the existence thereof, if the certificate has been prepared electronically, except in case the applicant is exempted from the fulfilment of integration requirements or is not required to take the Estonian language proficiency examination.
[ RT I, 22.12.2010, 2 – entry into force 01.01.2011]

 (2) Upon application for restoration of long-term residence permit, an applicant shall submit the documents specified in paragraphs (1)1) to 4).

 (3) An applicant who is an adult with restricted active legal capacity exempted from the fulfilment of integration requirements shall submit a court order concerning the restriction of active legal capacity instead of the document specified in paragraph (1)5).

 (4) An applicant who has acquired basic, secondary or higher education in Estonian, may submit a document certifying the acquisition of basic, secondary or higher education in Estonian instead of the document specified in paragraph (1)5).

 (5) An applicant who is permanently unable to take the Estonian language proficiency examination due to his or her state of health shall submit the decision of an expert committee concerning the full exemption of the applicant from taking the proficiency examination instead of the document specified in paragraph (1)5).

 (6) Upon application for a long-term residence permit for a child less than one year of age, the following documents shall be submitted:
 1) an application;
 2) a photo;
 3) the personal identity document of the child, if he or she holds a personal identity document;
 4) the birth certificate, if the birth of the child has been registered in a foreign country.

 (7) If the subsistence of an applicant is ensured by a family member, the following shall be submitted in addition to the documents specified in subsection (1):
 1) a document certifying family relationship or marriage;
 2) a document certifying the regular and legal income of the family member ensuring the subsistence of the applicant during the six months preceding the submission of the application, indicating the size, regularity and sources of income;
 3) the confirmation of the family member ensuring subsistence of ensuring subsistence.

 (8) If the need to provide subsistence for an applicant arises from the applicant’s state of health or disability, due to which he or she is unable to cope independently, a document certifying the said circumstances shall be annexed.

 (9) If the need to provide subsistence for an applicant arises from the applicant’s full-time studies, a document certifying the said circumstances shall be annexed.

§ 50.  Term for reviewing applications for long-term residence permit and restoration of long-term residence permit

 (1) An application shall be reviewed and the decision on the issue of a long-term residence permit or refusal to issue a long-term residence permit or restoration of a long-term residence permit or refusal to restore a long-term residence permit made within three months from the date of submission of the application, but not later than ten days before the expiry of the validity term of the temporary residence permit.

 (2) If the date of submission of an application is reinstated, the application shall be reviewed and the decision on the issue of a long-term residence permit or refusal to issue a long-term residence permit or restoration of a long-term residence permit or refusal to restore a long-term residence permit made within three months from the date of submission of the application.

Chapter 7 REVOCATION OF RESIDENCE PERMIT AND WORK PERMIT 

§ 51.  Revocation of residence permit and work permit

 (1) An alien shall be sent a written notice concerning the initiation of the procedure for revocation of residence permit or work permit.

 (2) An alien shall immediately be sent a written notice concerning the revocation of residence permit and work permit.

Chapter 8 DATA TO BE SUBMITTED IN APPLICATIONS 

§ 52.  Data to be submitted in applications for temporary residence permit

  In an application for temporary residence permit, the following data shall be submitted:
 1) personal data (Estonian personal identification code, if the applicant holds one; given names, surname, former surnames, date of birth, place of birth, sex, citizenship);
 2) reason for application for temporary residence permit (for employment; to study; for enterprise; to settle with a spouse; to settle with a parent, child, grandchild or guardian; on the basis of an international agreement);
[RT I, 29.06.2012, 66 – entry into force 02.07.2012]
 3) data concerning the place of residence in Estonia (street, house, apartment, city or village, rural municipality, county, postal code);
 4) data concerning the place of residence in a foreign country (street, house, apartment, city or village, rural municipality, county, postal code, country);
 5) contact details (postal address, telephone, e-mail address);
 6) level of education of the applicant (primary, basic, general secondary, vocational secondary, higher education or other);
 7) marital status of the applicant (single, married, divorced, widowed);
 8) profession (area of specialisation or vocation);
 9) data concerning the applicant’s repeated punishment pursuant to criminal procedure;
 10) data concerning the applicant’s imprisonment;
 11) data concerning the applicant’s intentional offence against the state;
 12) data concerning the applicant’s service as a professional member of the armed forces of a foreign state, assignment to reserve forces thereof and retirement therefrom;
 13) information on whether the applicant is a spouse, parent or minor child of a person who serves in the armed forces of a foreign state, has been assigned to reserve forces thereof or retired therefrom;
 14) data concerning the applicant’s employment or service in an intelligence or security service of a foreign state;
 15) information on whether the applicant is a spouse, parent or minor child of a person who is or has been employed by an intelligence or security service of a foreign state;
 16) information on whether the applicant has received special training or professional training in landing operations or in diversion or sabotage activities;
 17) information on whether the applicant is a spouse, parent or minor child of a person who has received special training or professional training in landing operations or in diversion or sabotage activities;
 18) information concerning the applicant's participation in punitive operations against civil population;
 19) information on whether the applicant is a spouse, parent or minor child of a person who has participated in punitive operations against civil population;
 20) information on receiving residential space through an international aid programme in a foreign country or receiving support for leaving Estonia;
 21) data on holding a residence permit in other countries (type, country and validity term);
 22) place of issue of the document.
[ RT I, 22.12.2010, 2 – entry into force 01.01.2011]

§ 53.  Curriculum vitae and data to be submitted on close relatives, spouse, family members and dependants of applicant

 (1) Upon application for temporary residence permit, an applicant shall submit his or her curriculum vitae and the following data on his or her close relatives, spouse, family members and dependants:
 1) personal data (Estonian personal identification code or date of birth, given names, surname, citizenship);
 2) relationship to the applicant (spouse, mother, father, sister, brother, daughter, son);
 3) marital status of the applicant (single, married, divorced, widowed);
 4) dependants.

 (2) Upon application for temporary residence permit for a minor child, the submission of curriculum vitae is not required.

§ 54.  Data to be submitted in applications for extension of temporary residence permit

 (1) In an application for extension of temporary residence permit, the following data shall be submitted:
 1) personal data (Estonian personal identification code, given names, surname, former surnames, date of birth, place of birth, sex, citizenship);
 2) the reason for extension of temporary residence permit (for employment to study; for enterprise; to settle with a spouse; to settle with a parent, child, grandchild or guardian; in case of sufficient legal income; on the basis of an international agreement);
 3) data concerning the place of residence in Estonia (street, house, apartment, city or village, rural municipality, county, postal code);
 4) data concerning the place of residence in a foreign country (street, house, apartment, city or village, rural municipality, county, postal code, country);
 5) contact details (postal address, telephone, e-mail address);
 6) marital status of the applicant (single, married, divorced, widowed);
 7) data on holding a residence permit in other countries (type, country and validity term);
 8) place of issue of the document.
[ RT I, 22.12.2010, 2 – entry into force 01.01.2011]

 (2) In an application for extension of temporary residence permit, the following data shall be additionally submitted, if these data have changed after the submission of the application for residence permit or the previous application for extension of residence permit:
 1) level of education of the applicant (primary, basic, general secondary, vocational secondary, higher education or other);
 2) profession (area of specialisation or vocation);
 3) data concerning the applicant’s repeated punishment pursuant to criminal procedure;
 4) data concerning the applicant’s imprisonment;
 5) data concerning the applicant’s intentional offence against the state;
 6) data concerning the applicant’s service as a professional member of the armed forces of a foreign state, assignment to reserve forces thereof and retirement therefrom;
 7) information on whether the applicant is a spouse, parent or minor child of a person who serves in the armed forces of a foreign state, has been assigned to reserve forces thereof or retired therefrom;
 8) data concerning the applicant’s employment or service in an intelligence or security service of a foreign state;
 9) information on whether the applicant is a spouse, parent or minor child of a person who is or has been employed by an intelligence or security service of a foreign state;
 10) information on whether the applicant has received special training or professional training in landing operations or in diversion or sabotage activities;
 11) information on whether the applicant is a spouse, parent or minor child of a person who has received special training or professional training in landing operations or in diversion or sabotage activities;
 12) information concerning the applicant's participation in punitive operations against civil population;
 13) information on whether the applicant is a spouse, parent or minor child of a person who has participated in punitive operations against civil population;
 14) information on receiving residential space through an international aid programme in a foreign country or receiving support for leaving Estonia.

§ 55.  Additional data to be submitted as exception upon application for issue or extension of temporary residence permit

 (1) An alien specified in paragraphs 124(2)5) and 6) and 11) to 13) of the Aliens Act shall in addition to the data stipulated in the Regulation submit the following upon application for temporary residence permit and extension of temporary residence permit:
 1) data concerning military or special rank (date on which the rank was conferred, basis for conferring the rank), composition thereof;
 2) an alias and the period of use thereof;
 3) data concerning study in specialised schools or on specialised courses (name of school or course, address, period of study and area of specialisation);
 4) information on receiving special training or professional training in landing operations or in diversion or sabotage activities;
 5) data concerning participation in military operations in the territory of other countries (name of country, dates of participation, positions, duties);
 6) date of assignment to reserve forces;
 7) date of retirement;
 8) data concerning service and employment (names of institutions and numbers of military units, addresses, positions, dates of service and employment, duties and directions of activity in all positions, components of forces).

 (2) If the circumstances specified in subsection (1) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit, the applicant shall submit a written confirmation of the fact that the circumstances specified in subsection (1) have not changed after the submission of the application for residence permit or the previous application for extension of residence permit.

 (3) The spouse or minor child of a person specified in paragraphs 124(2)5) and 6) and 11) to 13) of the Aliens Act shall submit the data specified in subsections (1) or (2) respectively on his or her spouse or parent.

§ 56.  Additional data to be submitted upon application for temporary residence permit for employment

  An applicant for temporary residence permit applying for a residence permit for employment or the extension thereof shall submit the following additional data in the application:
 1) data concerning the employer (name of the employer who is a legal person or given names and surname of the employer who is a natural person, registration code/Estonian personal identification code, postal address);
 2) data concerning the employer in a foreign country (name of the employer who is a legal person or given names and surname of the employer who is a natural person, registration code, postal address), if the applicant for residence permit is subject to paragraph 181(1)9) of the Aliens Act;
 3) data concerning the place of work (address, telephone, fax, e-mail address);
 4) position;
 5) date of commencement of work;
 6) salary.
[ RT I, 18.05.2011, 1 – entry into force 19.06.2011]

§ 57.  Additional data to be submitted upon application for temporary residence permit to study

  An applicant for temporary residence permit applying for a residence permit to study or the extension thereof shall submit the following additional data in the application:
 1) the name, registration code and address of the educational institution, student organisation or youth association;
 2) the name of the area of specialisation, course, practical training course or youth project or programme and the expected date of commencement of studies, the date of commencement of the practical training course or youth project or programme;
 3) the duration of the nominal study period of the area of specialisation or course or the duration of the practical training course or youth project or programme;
 4) [Repealed - RT I, 18.05.2011, 1 – entry into force 19.06.2011]

§ 58.  Additional data to be submitted upon application for temporary residence permit for enterprise

  An applicant for temporary residence permit applying for a residence permit for enterprise or the extension thereof shall submit the following additional data in the application:
 1) data concerning the company or sole proprietor (name of the company or sole proprietor, registration code, area and region of activity);
 2) data concerning the place of activity (address, telephone, fax, e-mail address).

§ 59.  Data to be submitted upon application for work permit and extension thereof

  Upon application for work permit and the extension thereof, personal data (Estonian personal identification code, given names, surname), data concerning the travel document of a foreign country (type of travel document, number, issuer, date of issue and date of expiry of validity term) and data concerning the place of issue of the document shall be submitted.
[ RT I, 22.12.2010, 2 – entry into force 01.01.2011]

§ 60.  Data to be submitted upon application for long-term residence permit and restoration of residence permit

 (1) In an application for long-term residence permit and restoration of residence permit, an application shall submit the following data:
 1) personal data (Estonian personal identification code, given names, surnames, date of birth, place of birth (country), sex, citizenship);
 2) contact details (postal address, telephone, e-mail address);
 3) information on what is applied for
[ RT I, 18.05.2011, 1 – entry into force 19.06.2011]
 4) place of issue of the document.

 (2) In an application for long-term residence permit and restoration of residence permit, an applicant shall submit the following data concerning the compliance with the requirements for long-term residence permits or the restoration thereof:
 1) the applicant’s legal and permanent residence in Estonia on the basis of a residence permit for at least five years immediately prior to the submission of the application for long-term residence permit;
 2) the applicant’s legal and permanent residence in Estonia on the basis of a temporary residence permit for at least two years immediately prior to the submission of the application for restoration of long-term residence permit;
 3) the existence of the applicant’s valid temporary residence permit;
 4) the existence of the applicant’s permanent legal income for subsistence in Estonia;
 5) the applicant’s insurance cover in the meaning of the Health Insurance Act;
 6) data concerning the language skills necessary for the fulfilment of integration requirements.

 (3) Upon application for long-term residence permit and restoration of residence permit, an applicant shall submit the following additional data:
 1) data concerning the applicant holding the status of a long-term resident in another European Union Member State;
 2) data concerning the punishment of the applicant pursuant to criminal procedure;
 3) data concerning the applicant’s connections with an intelligence or security service of a foreign state;
 4) data concerning the applicant’s connections with organisations possessing weapons or organisations of military order or organisations engaged in military exercises;
 5) data concerning the applicant’s membership in Estonian or foreign organisations;
 6) data concerning the applicant’s study, employment and service in the past five years;
 7) data concerning the applicant’s legal representative;
 8) data concerning the applicant’s family members.

 (4) Upon application for a residence permit for a child less than one year of age, the following data shall be submitted in addition to the data specified in subsections (1) to (3):
 1) personal data of the parents of the child of less than one year of age (Estonian personal identification code, given names, surnames, date of birth, citizenship, sex);
 2) contact details of the parents of the child less than one year of age (postal address, telephone, e-mail address).

 (5) An applicant who owns an EU Blue Card, upon application for residence permit for a long-term resident submits instead of the data specified in clause (2) 1) the data on whether he or she has permanently resided for at least five years in the Member States of the European Union on the basis of an EU Blue Card immediately prior to application for residence permit for a long-term resident, including residence for the last two years on the basis of an EU Blue Card in Estonia .
[ RT I, 18.05.2011, 1 – entry into force 19.06.2011]

§ 61.  Additional data to be submitted in applications

 (1) Upon the submission of an application for temporary residence permit, extension of temporary residence permit, work permit, extension of work permit, long-term residence permit and restoration of long-term residence permit, an applicant shall be fingerprinted in accordance with the procedure for fingerprinting in residence and work permit procedure established by a Government of the Republic regulation on the basis of the Identity Documents Act.

 (2) If an application for temporary residence permit, extension of temporary residence permit, work permit, extension of work permit, long-term residence permit and restoration of long-term residence permit is submitted by the legal representative, persons less than 15 years of age or persons with restricted active legal capacity shall be fingerprinted in accordance with the procedure for fingerprinting in residence and work permit procedure established by a Government of the Republic regulation on the basis of the Identity Documents Act.

 (3) A citizen of a foreign country shall upon application for in accordance with the procedure for fingerprinting in residence and work permit procedure established by a Government of the Republic regulation on the basis of the Identity Documents Act submit data concerning his or her citizenship and travel document of the foreign country (type of travel document, number, issuer, date of issue and date of expiry of validity term).
[ RT I, 22.12.2010, 2 – entry into force 01.01.2011]

Chapter 9 FORMATS FOR RESIDENCE PERMIT AND WORK PERMIT 

§ 62.  Preparation of residence permit and work permit

 (1) A residence permit and work permit shall be prepared on the basis of the decision to issue or extend the residence permit or work permit by way of entering the residence permit and work permit data on the residence permit card.

 (2) If a person’s name contains foreign letters, the person’s name shall be entered on a residence permit card according to the transcription rules of the International Civil Aviation Organization (ICAO) and, if possible, the original letters shall be retained.
[ RT I, 22.12.2010, 2 – entered into force 01.01.2011]

§ 63. – § 64. [Repealed – RT I, 22.12.2010, 2 – entry into force 01.01.2011]

Chapter 10 FINAL PROVISION 

§ 65.  Entry into force of Regulation

  The Regulation shall enter into force on 1 October 2010.