Avalehe pilt
Temporary residence permit to participate in a criminal proceedings
09/26/2017

A residence permit and an extension of residence permit for an alien to participate in criminal proceedings shall be applied for by a prosecutor by post on the basis of a written application of the Prosecutor’s Office and on written consent of the alien.

An alien shall be notified about the possibilities and conditions for granting temporary residence permitto participate in criminal proceedings by the prosecutor’s office or by an investigating institution on the basis of an order by the prosecutor’s office.

Upon decision of prosecutor’s office a cooling-off period of 30 to 60 calendar days is granted to an alien from the moment when he/she is notified about the possibilities and conditions for granting temporary residence permitto participate in criminal proceedings, so that an alien can make a decision whether he/she wishes to assist in ascertainment of the circumstances of subject of proof of the criminal offense.

A prosecutor’s office may cancel the decision for granting a cooling-off period to an alien ahead of time, if the alien has voluntarily and in his/her own initiative renewed contacts with the persons being suspected or accused in committing the criminal offense, or if the alien prefigures a threat to public order or national security.
Cancellation of the decision for granting a cooling-off period is not motivated.

Upon cancellation of the decision for granting a cooling-off period to an alien the alien’s obligation to leave is immediately executed according to the rules prescribed in the Obligation to Leave and Prohibition on Entry Act.

Required documents


The prosecutor shall certify the compliance of the copies with their originals with his/her signature.

Decision on granting or refusal of residence permit
An alien may be granted temporary residence permit to participate in criminal proceedings for assistance in ascertainment of the circumstances of subject of proof of a criminal offense, if:

  • he/she is a victim or a witness in a criminal procedure, an object of which is a criminal offense related to trafficking in persons in the meaning of the 2002/629/JHA: Council Framework Decision of 19 July 2002 on combating trafficking in human beings (OJ L 203, 1.8.2002, p. 1–4);
  • he/she has previously assisted in ascertainment of the circumstances of subject of proof of the criminal offense or has given a consent on doing so, and
  • he/she has ruptured all relations with the persons being suspected or accused in committing the criminal offense.


Granting or refusal of temporary residence permit shall be decided within 10 working days from the acceptance of the application. The alien shall be involved in the proceeding as a third person.

An alien who is granted a residence permit for the participation in criminal proceedings shall not be included in the immigration quota and the residence permit shall be granted for the term stated in the request by Prosecutor's Office for at least six months up to one year. A temporary residence permit to participate in criminal proceedings is extended if the grounds for granting such a residence permit have remained.

An alien, who has been granted a temporary residence permit to participate in criminal proceedings, is entitled to work in Estonia without a work permit.

A legal basis for stay in Estonia after the expiry of the residence permit
If the residence permit of an alien expires upon the lapse of the period of validity, the stay in Estonia shall be legal for the 90 days following the expiry date of the period of validity of the residence permit. You may read more about the legal bases for stay in Estonia from here.