Procedure For Registration Of Absence From Estonia


Published: 2012-01-01

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Procedure for registration of absence from Estonia

Passed 19.07.2010 Annex 31
RT I 2010, 57, 379
Entry into force 01.10.2010
Amended by the following legal instruments (show)

Passed
Published
Entry into force

22.12.2011
RT I, 29.12.2011, 72
01.01.2012

The Regulation is established under Subsection § 258 (1) clauses 1 and 2 of the «Aliens Act».

Chapter 1 GENERAL PROVISIONS 

§ 1.  Submission and acceptance of application

(1) A formal application for registration of absence from Estonia (hereinafter application) shall be submitted to the Police and Border Guard Board.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]
(2) An alien may submit the application by post.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]
(3) The application is accepted on the date of the submission thereof to the Police and Border Guard Board.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]
(4) If in the application the applicant fails to provide the required information, or does not present all the required documents, or if the application does not comply with the requirements set forth in the Regulation, or if the application contains other omissions, the Police and Border Guard Board shall provide the applicant a reasonable term for curing the omissions, explaining that if the omissions are not cured, the application will be dismissed.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]
(5) The time-limits of proceedings will be suspended for the period of curing the omissions.

§ 2.  Requirements set to application and documents appended thereto

(1) The Application shall be completed in capital letters in the Estonian, English or Russian language, and shall contain no corrections. The Application shall state all the data prescribed by the Regulation. The fields of the Application shall be completed in dark characters, which ensure the preservation of the data.
(2) In the event that the application is submitted by post, it is permissible to submit a copy of a document prescribed by the Regulation, instead of the original.
(3) If a copy of a document is appended to the application, the applicant shall confirm by his or her signature, written on every information-containing page of the copy, that the copy conforms to the original document, that it does not contain false information, and that it has not been counterfeited. The name and the date of the signatory shall be added to the signature.

§ 3.  Notification of proceedings and administrative acts

The applicant shall be notified forthwith of the granting or denying of the application for registration of absence from Estonia, of any omissions contained in the application, of revoking the registration, or dismissal of the application pursuant to the procedure set forth in the “Aliens Act".

Chapter 2 REGISTRATION OF ABSENCE FROM ESTONIA AND DOCUMENTS SUBMITTED FOR APPLICATION 

§ 4.  Term for registration of absence from Estonia

The Police and Border Guard Board may register an alien’s absence from Estonia for up to two years, depending on the intended duration and reasons of absence of the alien from Estonia, but not for any term exceeding the period of validity of the alien’s residence permit.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]

§ 5.  Documents submitted upon application

(1) The applicant shall submit:
1) the application;
2) the document evidencing of the reason and the circumstance for the absence from Estonia.
(2) If the application is submitted by post, a copy of the identity document containing the personal data shall be appended to the application.

§ 6.  Term for review of application for registration of absence from Estonia

(1) If the application is served personally to the Police and Border Guard Board, the Police and Border Guard Board shall review the application and shall decide on granting or denying thereof forthwith.
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]
(2) If the application is submitted by post, the Police and Border Guard Board shall review the application and shall decide on granting or denying thereof at the latest on the business day following the date of delivery of the application to the Police and Border Guard Board.

§ 7.  Denying of application for registration of absence from Estonia

The application shall be denied and the absence of the alien from Estonia is not registered in the following cases:
1) the applicant wishes to register the absence retroactively;
2) the applicant has already registered his or her absence from Estonia, and the reason and the circumstances constituting the grounds for registration of the absence have not changed.

§ 8.  Repealing of registration of absence from Estonia

The Police and Border Guard Board shall repeal the registration of an alien’s absence from Estonia in the following cases:
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]
1) the reason and the circumstances constituting the grounds for registration of the absence from Estonia have changed;
2) on the basis of a personal request of the alien.

Chapter 3 DATA PROVIDED FOR REGISTRATION OF ABSENCE FROM ESTONIA 

§ 9.  Data submitted in application

The application shall state the following data:
1) the personal data (Estonian personal identification code, given names, surname, former surnames, date of birth, place of birth, sex, citizenship);
2) the contact data (postal address, telephone, e-mail address);
3) the duration of absence from Estonia;
4) the reason of absence from Estonia;
5) the country of stay;
6) information pertaining to the travel documents of a foreign country (type, issuer, date of issue and date of expiry of the term of validity of the travel document);
7) information on the applicant’s legal representative.

Chapter 4 FINAL PROVISIONS 

§ 10.  Establishing of format

To establish the format “Application for registration of absence from Estonia” (appendix).

§ 11.  Entry into force of Regulation

The Regulation shall enter into force on 1 October 2010.
Appendix