A family member has the right to stay in Estonia together with an EU citizen on the basis of a valid travel document and a visa for up to three months. During that period the family member must either submit an application for a right of temporary residence, or leave Estonia. During this period he/she has no right to work in Estonia or operate as a self-employed person.
On August 1, 2006 the new Citizen of European Union Act entered into force which changed the terms for settling in Estonia of citizens of member states of the European Union and the European Economic Area and the Swiss Confederation (hereinafter "EU citizens") and their family members who are citizen third countries and the procedures necessary for it. The family members of EU citizens who resided in Estonia on August 1, 2006 on the basis of a temporary residence permit shall be considered as the family members of EU citizens who have the right of temporary residence in Estonia.
The following persons who are not EU or Estonian citizens are considered to be family members of EU citizens (hereinafter called "family members":
- a spouse of the EU citizen;
- a child under 21 years of age or a dependent adult child of the EU citizen;
- a dependent parent of the EU citizen or of his or her spouse;
- a person who is dependent on the EU citizen or has a shared household with him or her in the country of origin or a person who, due to his/her state of health, is taken care by the EU citizen.
The right of residence of family members can be either temporary or permanent. As a rule, a family member who has resided in Estonia permanently for five successive years on the basis of the right of temporary residence shall obtain the right of permanent residence.
Right of temporary residence
A family member shall have the right of temporary residence provided that the EU citizen with whom he/she wants to settle:
- is employed or self-employed in Estonia;
- he/she has sufficient legal income which ensures his/her own subsistence and that of his/her family member and he/she has a valid health insurance;
- studies in Estonia and he/she has sufficient legal income which ensures his/her own subsistence and that of his/her family member and he/she has a valid health insurance.
The preconditions for the right of temporary residence are the following:
- the EU citizen meets one the above-mentioned conditions;
- the EU citizen has the right of temporary or permanent residence;
- the applicant corresponds to the definition of a family member;
- there are no circumstances which allow to refuse to grant the right temporary residence.
A child under the age of one year of a family member who resides in Estonia on the basis of right of temporary residence is also entitled to the right of temporary residence.
Family members must register their residence within one month from the date of the granting of the right of temporary residence. In order to do so a local government authority nearest to their place of residence must be contacted.
The application for a right of temporary residence shall be submitted personally by a family member or his/her legal representative to a representation of the Republic of Estonia or to the customer service centre of the Citizenship and Migration Bureau (CMB).
The right of temporary residence of a family member shall be granted for up to five years but not for longer than the period the EU citizen resides in Estonia. After that the right of temporary residence of a family member can be extended if the following conditions are fulfilled:
- the EU citizen concerned meets one of the above-mentioned conditions;
- the EU citizen with whom the person who obtained the right of temporary residence settled has continually the right of residence in Estonia;
- an applicant has continually the right of temporary residence in Estonia;
- an applicants corresponds to the definition of a family member;
- the place of residence of an applicant has been registered;
- there are no other circumstances concerning the applicant which could be the basis for refusal to extend the right of residence.
A family member must submit an application for the extension of the right of temporary residence at least one month before the expiry of the right of temporary residence or leave Estonia within two months from the date of expiry of the right of temporary residence. The application for the extension of a right of temporary residence shall be submitted personally by a family member or his/her legal representative at the customer service centre of the CMB or by post.
The right for temporary residence of family members can be extended for the period of up to five years at a time but only for the period the EC citizen resides in Estonia.
Right of permanent residence
A family member who has resided in Estonia permanently for five successive years on the basis of the right of temporary residence shall obtain the right of permanent residence. The stay in Estonia for at least 183 days a year is considered as a permanent residence in Estonia. The period before August 1, 2006 during which a family member of an EU citizen resided in Estonia on the basis of a residence permit shall be included in the period required for granting the right of permanent residence.
If the right of permanent residence of an EU citizen has been registered, as an exception, before he/she has resided in Estonia for five years on the basis of the right of residence his/her family member also has the right of permanent residence.
A child under the age of one year of a family member who resides in Estonia on the basis of the right of permanent residence is also entitled to the right of permanent residence.
Family members must register their right of permanent residence at the CMB. The standard application must be submitted at the latest one month before the expiry of the right of temporary residence.
Application documents
Upon the application for the right of temporary residence and its extension the following documents must be submitted to the CMB:
- a standard application form " Application for the issue and extension of the right of temporary residence of a family member of an EU citizen";
- an additional form „ Family members of an applicant ";
- confirmation given by an EU citizen that he/she agrees with the settlement of the family member in Estonia ";
- an identity document of the applicant;
- a coloured photo sized 40x50 mm;
- a document certifying that the applicant is a family member of an EU citizen;
- a document certifying the payment of the state fee.
A person who performs acts for a minor child or for a person with restricted active legal capacity must present his/her identity document and a document which certifies that he/she has the right of representation of that person.
Upon the application for the registration of the right of permanent residence the following must be submitted to the CMB:
- a standard application form " Application for registration of right of permanent residence of EU citizen and his/her family member";
- an identity document of the applicant;
- a coloured photo sized 40x50 mm;
- a document certifying the payment of the state fee .
- A person who performs acts for a minor child or for a person with restricted active legal capacity must present his/her identity document and a document which certifies that he/she has the right of representation of that person.
An application for the registration of the right of permanent residence shall be submitted personally by a family member or his/her legal representative either to the customer service centre of the CMB or by post. Upon the registration of the right of permanent residence the CMB shall issue an identity card to EU citizens.
More information about the registration of your place of residence can be obtained at the local government authority nearest to your place of residence or on the homepage of the Ministry of Internal Affairs
Completing application
An application form must be completed in CAPITAL LETTERS in Estonian or English and it cannot contain corrections. All boxes foreseen for completion by the applicant must be filled in.
Documents in foreign languages added to an application must be translated either into Estonian or English and the authenticity of the translation must be certified. Documents issued abroad must be legalised or confirmed by a certificate (apostille), unless otherwise stipulated by an international agreement.
The application for the extension of a right of temporary residence and for the registration of a right of permanent residence can be submitted by post. In order to submit an application by post all the relevant documents must be sent in a sealed envelope at the following address:
Alalise elamisõiguse registreerimise taotlus
Politsei- ja Piirivalveamet
Sõle 61a
Tallinn
An application for the registration of the right of permanent residence for a minor under one year of age cannot be submitted by post.
There is no need to send the original document. A copy is adequate. An applicant must certify the compliance of the copy with the original with his/her signature on each page of the copy which bears any data. The signature must be supplemented by the applicant's name and the date of signing the copy.
Information about processing the application
In case of any deficiencies in the application the applicant shall be informed thereof at the contacts given by him/her on the application. The term for the procedure shall be suspended and the decision as to whether or not to grant the right of residence shall be made after the rectification of the deficiencies. If the applicant shall not rectify the deficiencies concerning the application or the documents added to it, or shall not submit the required documents the CMB shall not process his/her application.
The CMB makes a decision as to whether or not to grant the right of temporary residencewithin a period of 3 months. The CMB makes a decision as to whether or not to extend the right of temporary residence or to register the right of permanent residence within the period of one month but no later than at least 10 days before the expiry of the right of temporary residence. The data of the right of temporary or permanent residence are entered on identity cards.
