Procedure For Application For, Issue, Extension And Revocation Of Residence Permit Of Refugee And Beneficiary Of Subsidiary Protection, List Of Certificates And Data To Be Submitted Upon Application For Residence Permit And Procedure For Entry Of Residenc


Published: 2012-01-01

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Procedure for application for, issue, extension and revocation of residence permit of refugee and beneficiary of subsidiary protection, list of certificates and data to be submitted upon application for residence permit and procedure for entry of residence permit data on residence permit card
[RT I, 22.12.2010, 2 - entry into force 01.01.2011]

Passed 14.07.2006 Annex 162
RT I 2006, 34, 263
Entry into force 29.07.2006
Amended by the following legal instruments (show)

Passed
Published
Entry into force

22.09.2006
RT I 2006, 41, 316
02.10.2006

14.12.2006
RT I 2006, 57, 436
02.01.2007

23.07.2009
RT I 2009, 41, 277
30.07.2009

17.12.2009
RT I 2009, 65, 448
01.01.2010

17.06.2010
RT I 2010, 45, 272
01.10.2010

14.12.2010
RT I, 22.12.2010, 2
01.01.2011

22.12.2011
RT I, 29.12.2011, 138
01.01.2012

The Regulation is established on the basis of subsection 47(2) of the Act on Granting International Protection to Aliens.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Application of Administrative Procedure Act

The procedure stipulated in the Regulation shall be subject to the Administrative Procedure Act, with the specifications provided for in the Act on Granting International Protection to Aliens.

§ 2.  Performance of procedures

(1) The procedures stipulated in the Regulation shall be performed by an applicant for asylum, an applicant for refugee status or an applicant for extension of subsidiary protection and a family member of such applicants and a family member of a refugee or a beneficiary of subsidiary protection (hereinafter applicant) in person or through a legal representative. The procedures stipulated in the Regulation, which by their nature have to be performed in person, shall be performed by an applicant in person.
[RT I 2010, 45, 272 – entry into force 01.10.2010]
(2) On behalf of an applicant who is a minor of less than 18 years of age or an applicant with restricted active legal capacity, the procedures stipulated in the Regulation shall be performed by his or her parent or guardian, if they are in Estonia and it does not contradict the rights and interests of the applicant.
(3) [Repealed – RT I 2006, 41, 316 – entry into force 02.10.2006]
(4) Upon performing a procedure, the legal representative or authorised representative shall present a document certifying his or her identity and the right of representation.
(5) An unaccompanied minor may perform the procedures stipulated in this Regulation independently, if he or she becomes of age at least six months after the submission of an application for asylum or if he or she is or has been married.

§ 3.  Identification of person or verification of identity upon performance of procedures

[RT I 2009, 41, 277 – entry into force 30.07.2009]
(1) Upon the performance of the procedures stipulated in the Regulation, the identity of an applicant shall be verified on the basis of a document stipulated in subsection 2(2) of the Identity Documents Act or the person shall be verified on the basis of a foreign travel document.
[RT I 2009, 41, 277 – entry into force 30.07.2009]
(2) The person of an applicant of less than 15 years of age and an unaccompanied minor, who have not been issued the document specified in subsection (1), shall be identified on the basis of a birth certificate and the statements of a legal representative.
(3) If an application for asylum is submitted by a person, who does not have the documents specified in subsections (1) and (2), his or her person shall be identified or identity verified on the basis of other documentary evidence. In the absence thereof, the person shall be identified on the basis of his or her statements or the statements of a legal representative and the official accepting the application for asylum shall make a relevant note on the application.
[RT I 2009, 41, 277 – entry into force 30.07.2009]

§ 4.  Submission of application for asylum and residence permit and application for extension of residence permit

(1) An application for asylum and residence permit (hereinafter application for asylum) shall be submitted to the Police and Border Guard Board.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]
(2) An applicant for residence permit shall be reviewed within the framework of asylum proceedings.
(3) An application for extension of residence permit shall be submitted at least four months prior to the expiry of the validity period of a temporary residence permit.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]
(4) An applicant may submit an application for extension of residence permit by post.

§ 5.  Requirements established for application for asylum and application for extension of residence permit

(1) An application for asylum and an application for extension of residence permit shall be completed in legible writing in Estonian or another language, in which the applicant is able to make himself or herself understood. An application for asylum and an application for extension of residence permit shall contain all the data prescribed in this Regulation. The application fields shall be completed in dark ink, which ensures the preservation of the submitted data.
(2) The personal names shall be provided in an application according to the name format given in the personal identity document or travel document of the applicant, using the Latin alphabet.
(3) If a person who has submitted an application for asylum does not have the document specified in subsections 3(1) and (2), the personal names shall be provided in the application using the Latin alphabet.

§ 6.  Sample signature

(1) An applicant of at least 15 years of age shall write the specimen signature in the specimen signature field of the application in own hand. If the applicant is incapable of providing a specimen signature, the specimen signature field shall be left empty. The official accepting the application shall make a note 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 of less than 15 years of age, an adult with restricted active legal capacity or incapable of providing a signature shall be left empty. An applicant who is person of 7–14 years of age or an adult with restricted active legal capacity mat write a specimen signature in the specimen signature field of the application.
[RT I 2006, 57, 436 – entry into force 02.01.2007]
(3) An applicant shall write the specimen signature in the specimen signature field of the application in dark ink where the recommended diameter of the lines of the letters should be 0.85 mm. A specimen signature shall not extend the lines of the specimen signature field.

§ 7.  Confirmation of correctness of submitted data

(1) An applicant shall sign every page of the application, thereby confirming that he or she has not provided false data in the application or annexed falsified documents to the application.
(2) If an applicant is incapable of signing the application, the relevant fields shall be left empty. The official accepting the application shall make a not on the application concerning the reason for leaving the fields empty.

§ 8.  Documents to be submitted upon application for extension of residence permit

An applicant shall submit the following documents upon application for extension of residence permit:
1) a standard format application;
2) the applicant’s personal identity document;
3) a photo.

§ 9.  Requirements established for documents to be annexed to application for extension of residence permit

(1) Upon submitting an application for extension of residence permit by post, a copy of the document stipulated in this Regulation may be submitted instead of the original.
(2) If a copy of a document is annexed to an application for extension of residence permit, the applicant shall sign every data-bearing page of the copy, confirming that the copy corresponds to the original document. The name of the applicant and the date of signature shall be added to the signature.

§ 10.  Requirements established for photos

(1) An applicant shall be obligated to annex a photo to an application for extension of residence permit.
(2) The photo annexed to the application shall meet the requirements established for the photos to be submitted upon application for personal identity documents by the Government of the Republic on the basis of the Identity Documents Act.
[RT I 2006, 41, 316 – entry into force 02.10.2006]
(3) [Repealed – RT I 2009, 41, 277 – entry into force 30.07.2009]

§ 11.  Submission of data and documents

(1) An applicant shall upon the request of the Police and Border Guard Board be obligated to provide oral and written explanations, submit additional or specifying data and all the documents or certificates in the applicant’s possession, which are of importance in processing the application for asylum or the application for extension of residence permit.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]
(2) If an applicant fails to submit to the Police and Border Guard Board a document or certificate, which is of importance in processing the his or her application for asylum and which the applicant is in the absence thereof able to obtain, or if the applicant knowingly submits incorrect data during the processing of the application for asylum or provides incorrect explanations or knowingly neglects to submit data or provide explanations, the Police and Border Guard Board may terminate the proceeding of the application for asylum by a decision of rejection. The applicant shall be given immediate notice of the decision of rejection of the application for asylum.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]
(3) [ Repealed - RT I, 29.12.2011, 138 – entry into force 01.01.2012 ]
(4) Upon the invitation of the Police and Border Guard Board, an applicant shall be obligated to appear in person at the Police and Border Guard Board to provide written or oral explanations concerning the circumstances underlying the issue of residence permit or the extension of residence permit.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

§ 12.  Hearing and notification of decisions and procedures

(1) Notification of the procedures and administrative acts stipulated in the Regulation shall be given in accordance with the contact details provided by an applicant in the application. If the applicant has a representative, notification of the procedures and administrative acts stipulated in the Regulation shall be given in accordance with the contact details provided by the representative in the application.
(2) An applicant or his or her representative shall be notified of the decision of rejection of the application for asylum, issue of residence permit, extension of residence permit or refusal of issue or extension of residence permit in writing, by post or in another appropriate manner. If the applicant does not have a representative, the full text of the said decision shall be translated for the applicant in writing or orally.
(3) Prior to making the decisions specified in subsection (2), the Police and Border Guard Board shall give the applicant a chance to submit objections and opinions.
[RT I, 29.12.2011, 138 – entry into force 01.01.2012 ]
(4) The Police and Border Guard Board shall send to a refugee or an alien who has been granted subsidiary protection or issued a residence permit of a family member a written notice concerning the initiation of proceedings to revoke his or her residence permit. Prior to making the decision of revocation of residence permit, the Police and Border Guard Board shall give the alien a chance to submit objections and opinions.
[RT I 2010, 45, 272 – entry into force 01.10.2010]
(5) Notification of the decision of revocation of the residence permit of a refugee or an alien who has been granted subsidiary protection or a residence permit of a family member shall be given to the alien in writing in accordance with the place of residence data registered in the Population Register. If the alien has a representative, notification of the decision specified in this subsection shall be given to his or her representative in writing in accordance with the contact details submitted by the representative.
[RT I 2010, 45, 272 – entry into force 01.10.2010]
(6) Notification of the decisions specified in subsection (2) shall be considered given, when the applicant or his or her representative has been delivered a written notice to the postal address provided by the applicant or his or her representative in the application. Notification of the decision specified in subsection (5) shall be considered given, when the alien has been delivered a written notice in accordance with the place of residence data registered in the Population Register or when the representative of the alien has been delivered a written notice to the postal address submitted by the representative in the application.

Chapter 2 DATA TO BE SUBMITTED IN APPLICATION FOR ASYLUM AND APPLICATION FOR EXTENSION OF RESIDENCE PERMIT 

§ 13.  Data to be submitted in application for asylum

(1) An applicant shall submit the following data concerning himself or herself in the application for asylum:
1) personal data of the applicant (given names, surnames and other names, which the applicant uses or has used, sex, date of birth, age, if the exact date of birth is not known, personal identification code of Estonia and the country of origin, if assigned, country of birth, marital status);
2) data concerning the applicant’s citizenship or the absence thereof, and data concerning former citizenships;
3) data concerning the applicants nationality or membership in an ethnic group, and religion;
4) data concerning the applicant’s language skills (mother tongue and foreign languages);
5) the applicant’s place of residence and contact details in Estonia (postal address, telephone, e-mail address).
[RT I 2009, 41, 277 – entry into force 30.07.2009]
(2) An applicant shall submit the following data concerning his or her personal identity documents, departure from the country of origin, travel route and arrival in Estonia in the application for asylum:
1) data concerning personal identity documents or the absence thereof (name of document, the issuing country and authority, document number, beginning and end of validity period and the circumstances of obtaining the document);
2) data concerning the applicant’s last permanent place of residence in the country of origin (postal address and beginning and end of residence period);
3) data concerning the applicant’s departure from the country of origin (date of departure, means of transport used, place and manned of crossing the state border and problems related to the departure from home country);
4) data concerning the travel route to Estonia and stays and stops in other countries (time, means of transport used, place and manner of crossing the state border, legal basis, travel tickets);
5) data concerning the arrival in Estonia and stay in Estonia (date and legal basis of arrival, country, from where the applicant arrived in Estonia, place and manner of crossing the state border, means of transport used, objective of coming to Estonia, reasons for not submitting an application for asylum immediately after arrival in Estonia, if applicable);
6) data concerning previous stays in Estonia, and relatives and acquaintances residing in Estonia;
7) data concerning previous applications for asylum or other protection (applications previously submitted in Estonia or in other countries, date of application and reasons for application and the decisions made on those applications).
(3) An applicant shall submit the following data concerning the reasons for applying for asylum and the related circumstances in the application for asylum:
1) data concerning and description of departure from the country of origin and the reasons for applying for a residence permit, including the reasons, which prevent or may prevent the applicant’s return to the country of origin;
2) data concerning the applicant’s membership in organisations (name, date of and reason for becoming and member or participating in the organisation, the applicant’s position, functions and activities in the organisation);
3) data concerning the applicant’s punishment pursuant to criminal procedure and punishment by imprisonment;
4) data concerning the applicant’s military service, including service as a professional member of the armed forces of a foreign state;
5) information on whether the applicant is employed or has been employed by or has cooperated with an intelligence or security service of any country;
6) information on whether the applicant has received special training or professional training in landing operations or in diversion or sabotage activities;
7) information concerning the applicant's participation in punitive operations against civil population;
8) information on whether the applicant has participated in military operations in the territory of other countries;
9) other information or remarks, which the applicant considers necessary to add in his or her application.
(4) An applicant shall submit the following additional data in the application for asylum:
1) personal data of the applicant’s spouse or life partner (given names, surnames, other names the applicant’s spouse or life partner uses or has used, sex, date of birth, age, if the exact date of birth is not known, Estonian personal identification code, if assigned, country of birth, citizenship, nationality or ethnic group, mother tongue, other languages, which the spouse or life partner is proficient in, date of contraction of marriage or commencement of cohabitation, country of location, applications for asylum submitted, place of residence);
[RT I 2009, 41, 277 – entry into force 30.07.2009]
2) personal data of the applicant’s other family members (relation to the applicant, given names, surnames, sex, date of birth and death, age, if the exact date of birth is not known, country of birth, citizenship, marital status, number of children, country of location, applications for asylum submitted, place of residence);
3) data concerning the applicant’s education and employment (education obtained and area of specialisation, name of educational institution, date of graduation, profession, last place of employment and position);
4) the applicant’s curriculum vitae;
5) data concerning the applicant’s state of health and illnesses;
6) data concerning the documents and certificates annexed to the application, or data concerning the absence thereof (name of document or certificate, issuer, number and date of issue thereof, if possible).
(41) The family member of a an alien who has been granted refugee status or subsidiary protection shall submit the following data in the application for asylum:
1) the data listed in subsection (1), paragraphs (2)1), 2), 6) and 7) and subsection (3);
2) data concerning the date of arrival and legal basis of arrival in Estonia and the objective of coming to Estonia;
3) the personal data of the spouse of the family member (given names, surnames, sex, date of birth, age, if the exact date of birth is not known, Estonian personal identification code, if assigned, country of birth, citizenship, date of contraction of marriage) or the personal data of another family member (relation to the applicant, given names, surnames, sex, date of birth, age, if the exact date of birth is not known, country of birth, citizenship).
[RT I 2010, 45, 272 – entry into force 01.10.2010]
(5) In addition to the data specified in subsections (1) to (41), an official shall enter the following data in the application:
[RT I 2010, 45, 272 – entry into force 01.10.2010]
1) data concerning the application (date and time of registration, registration number of the application, authority accepting the application);
2) the applicant’s height in centimetres and the colour of eyes and hair, except in the case of the family member of an alien who has been granted refugee status or subsidiary protection;
[RT I 2010, 45, 272 – entry into force 01.10.2010]
3) a note on whether the applicant is an adult and whether the applicant arrived in Estonia and is staying in Estonia alone, without a parent, guardian or any other legal representative;
4) data concerning the procedures performed after the submission of the application for asylum (identification or verification of identity of the applicant, inspection of the applicant and his or her belongings, taking belongings and documents into custody, photographing, fingerprinting and forwarding fingerprint data to the State Register of Fingerprints and the central database of Eurodac pursuant to the European Union Council Regulation (EC) No 2725/2000, DNA sampling and forwarding DNA samples to the State Register of DNA, organisation of a health check and the date thereof);
[RT I 2009, 41, 277 – entry into force 30.07.2009]
5) the given name and surname and contact details (postal address, contact telephone and e-mail address)of the applicant’s representative, legal representative or another person present at the acceptance of the application;
6) the given name and surname and contact details (postal address, contact telephone and e-mail address)of the interpreter present at the acceptance of the application and a confirmation of the translation being correct;
7) [ repealed - RT I, 29.12.2011, 138 – entry into force 01.01.2012]
8) data concerning the official who accepted and completed the application (given name and surname, position).

§ 14.  Data to be submitted in application for extension of residence permit

(1) An applicant shall submit the following data in the application for extension of residence permit:
1) personal data of the applicant (given names, surnames, sex, date of birth, Estonian personal identification code, country of birth, citizenship);
2) data concerning the applicant’s place of residence and contact details (postal address, contact telephone and e-mail address);
3) data concerning personal identity documents or absence thereof (name of document, issuing country and authority, document number, beginning and end of validity period and circumstances related to obtaining the document);
4) data concerning the circumstances related to the extension of residence permit (acceptance of protection from the country of citizenship, application for citizenship and residence permit and receipt thereof from another country, restoration of a previous citizenship, return to the country of origin);
5) data concerning the bases for granting refugee status and subsidiary protection and data concerning the reasons, which prevent or may prevent the applicant’s return to the country of origin;
6) data concerning the applicant’s punishment pursuant to criminal procedure;
7) other information or remarks, which the applicant considers necessary to add to his or her application for extension of residence permit.
[RT I 2010, 45, 272 – entry into force 01.10.2010]
(2) The family member of an alien who has been granted refugee status or subsidiary protection shall submit the following data in the application for extension of residence permit:
1) the data listed in paragraphs (1)1) to 3), 6) and 7);
2) data concerning the circumstances related to the extension of residence permit (return to the country of origin, application for residence permit from another country);
3) data concerning the marriage of the family member (given name and surname and date of birth of the spouse, date of contraction of marriage).
[RT I 2010, 45, 272 – entry into force 01.10.2010]

Chapter 3 ACCEPTANCE AND REVIEW OF APPLICATION 

§ 15.  Acceptance of application

(1) An application for asylum shall be accepted for processing at the Police and Border Guard Board on the day of submission of the application. An application for extension of residence permit received by post shall be accepted for processing on the workday following the day of arrival thereof at the Police and Border Guard Board at the latest.
[RT I 2009, 65, 448 – entry into force 01.01.2010]
(2) The Police and Border Guard Board shall grant an alien applying for extension of residence permit a reasonable term for eliminating deficiencies, if:
[RT I 2009, 65, 448 – entry into force 01.01.2010]
1) the required data has not been submitted in the application;
2) the required documents have not been annexed to the application;
3) the applicant has failed to register his or her place of residence in Estonia in the Population Register;
4) the application does not meet the requirements stipulated in the Regulation;
5) the application contains other deficiencies.
(3) In the case stipulated in subsection (2), the Police and Border Guard Board shall explain to the applicant that in the event of failure to eliminate the deficiencies by the given term the application shall not be reviewed.
[RT I 2009, 65, 448 – entry into force 01.01.2010]
(4) The term of the proceedings shall be suspended for the duration of the elimination of deficiencies.
(5) If the alien fails to eliminate the deficiencies by the given term, the Police and Border Guard Board shall refuse to review the application.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

§ 16.  Reinstatement of term for submission of application

(1) If the term for the submission of an application for extension of residence permit has been missed for god reason, the Police and Border Guard Board may upon its own initiative or the person’s request reinstate the term.
[RT I 2009, 65, 448 – entry into force 01.01.2010]
(2) A justified request for the reinstatement of the term for the submission of an application for extension of residence permit shall be submitted within two weeks after the lapse of the circumstances obstructing the submission of the application. The request for the reinstatement of the term for the submission of an application for extension of residence permit shall be submitted together with the application for extension of residence permit and other documents prescribed in this Regulation.

§ 17.  Review of applications for asylum

(1) An application for asylum shall be reviewed, if the Republic of Estonia is responsible for the review thereof pursuant to the European Union Council Regulation (EC) No 323/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national. The Member State responsible for the review of an application for asylum shall be determined by the Police and Border Guard Board.
(2) The Police and Border Guard Board shall review an application for asylum and decide on the refection of the application for asylum, the issue or refusal of issue of a residence permit within six months from the date of submission of the application for asylum.
(3) In the event of justified need, the Police and Border Guard Board may extend the term stipulated in subsection (2), if the verification of the data submitted in the application for asylum, the correctness of the documents annexed to the application and the conformity of the applicant with the requirements established by law takes longer than the term stipulated for the review of applications.
(4) Upon the extension of the term for reviewing an application for asylum, the new term may not exceed the original term stipulated in this Regulation. The Police and Border Guard Board shall notify the applicant or his or her representative of the extension of the term for reviewing the application for asylum, the reasons thereof and the new term for making a decision in writing to the postal address or e-mail address indicated in the application.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

§ 18.  Review of applications for asylum submitted at border

(1) If the bases for rejection stipulated in subsection 20(1) and paragraph 21(1)2) of the Act on Granting International Protection to Aliens are determined, the application for asylum shall not be reviewed and a decision of rejection of the application for asylum shall be made at the border.
(2) If the basis for rejection stipulated in subsection 20(2) of the Act on Granting International Protection to Aliens is determined, the application for asylum shall be reviewed and a decision of rejection of the application for asylum shall be made at the border.
(3) [ Repealed - RT I, 29.12.2011, 138 – entry into force 01.01.2012]

§ 19.  Review of applications for extension of residence permit

(1) The Police and Border Guard Board shall make a decision of extension or refusal of extension of residence permit within three months from the date of submission of the application, but not later than 10 days before the expiry of the validity period of the temporary residence permit.
(2) The Police and Border Guard Board may extend the term stipulated in subsection (1), if the verification of the data submitted in the application for extension of residence permit, the correctness of the documents annexed to the application and the conformity of the applicant with the requirements established by law takes longer than the term stipulated for the review of applications.
(3) Upon every extension of the term for reviewing an application for extension of residence permit, the new term cannot exceed the original term stipulated in this Regulation. The Police and Border Guard Board shall notify the applicant or his or her representative of the extension of the term for reviewing the application, the reasons thereof and the new term in writing to the postal address or e-mail address indicated in the application.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

Chapter 4 ENTRY OF RESIDENCE PERMIT DATA ON RESIDENCE PERMIT CARD  
[RT I, 22.12.2010, 2 - entry into force 01.01.2011]

§ 20.  Entry of residence permit data of refugee or beneficiary of subsidiary protection on residence permit card

(1) A residence permit of a refugee or a beneficiary of subsidiary protection or their family member shall be drawn up by entering the data on a residence permit card.
(2) Residence permit data shall be entered on a residence permit card on the basis of the data contained in the decision of issue or extension of residence permit.
[RT I, 22.12.2010, 2 – entry into force 01.01.2011]

§ 21.  Entry of personal name contained in residence permit data on residence permit card

If a personal name contains foreign letters, the residence permit data 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 – entry into force 01.01.2011]

Chapter 5 FINAL PROVISIONS 

§ 22.  Protection of personal data

The data stipulated in the Regulation shall be processed, and the decisions made and procedures performed in accordance with the procedure for processing personal data pursuant to the Personal Data Protection Act and the Public Information Act.
[RT I 2009, 41, 277 – entry into force 30.07.2009]

§ 23.  Storage of application and documents

The submitted applications and the documents annexed thereto shall be stored in accordance with the procedure stipulated in the Archives Act and the legal acts established on the basis thereof.

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