Eesti kodakondsus: how to obtain Estonian citizenship

Estonia has been a member of the European Union since 2004. And this is perhaps the main reason why foreigners seek to obtain Estonian citizenship. Local legislation provides for a number of ways to obtain an Estonian passport, but any of the chosen paths remains difficult even with a long stay in the country. At the same time, local legislation contains no surprises: any foreigner intending to naturalize in Estonia will first have to obtain a residence permit, permanent residence, and only then citizenship.

Benefits of obtaining Estonian citizenship

Let's find out immediately what Estonian citizenship gives. Access to the Baltic Sea, the dynamics of economic development, excellent conditions for starting a small business - these advantages can be used not only by Estonian citizens, but also by foreigners with the right of residence.

What is really valuable about an Estonian passport is:

• The right to unhindered and unrestricted movement, residence, employment, business in any of the 28 countries of the European Union and the Schengen area.
• Eligible for visa-free travel to the United States, Canada, New Zealand, most Latin American countries, and simplified India and Australia visas.
• Free residence on the territory of Estonia without registration: a residence permit requires mandatory confirmation of registration, and after obtaining Estonian citizenship there are no restrictions on time and place of residence.

The article “Residence permit, permanent residence, citizenship: concepts, features, differences” will introduce you to the differences in legal terminology.

• The right to receive citizenship by children, which is retained for them for life.
• Expansion of political rights: the ability to vote for the president, parliament (Riigikogu), be elected to these bodies, hold positions in the civil service, serve in the Defense Forces, practice law.
• The right to purchase agricultural land and in border areas.
• The right to types of social assistance not available to foreigners and tax benefits.

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Methods for obtaining Estonian citizenship

The Estonian Citizenship Act of 19.01.1995 (Kodakondsuse seadus) provides for several traditional methods for acquiring an Estonian passport. Among them:

1. Acquisition by birth (omandatakse sünniga). According to Art. 5 of the Law, children become Estonians if at least one of the parents at the time of their birth possesses an Estonian passport or children born after the death of their father, who was Estonian at the time of his death. Estonian citizenship by blood is also granted to children found on Estonian territory, whose parents are unknown. And children adopted by Estonians at the request of the adoptive parents, if such children have renounced foreign citizenship.
2. Acquisition by naturalization (saadakse naturalisatsiooni korras). In accordance with Art. 6 of the law, foreigners can naturalize:
   1. have reached 15 years of age;
   2. having a permanent residence permit;
   3. have lived in the country for at least 8 years (the last 5 - permanently);
   4. passed the language exam and the test of knowledge of the Constitution and legislation;
   5. registered at the place of residence;
   6. loyal to the Estonian state;
   7. have a legal permanent income;
   8. renounced their previous citizenship.
3. Restoration of citizenship, repatriation (kodakondsuse taastamise tingimused). According to Art. 16 of the law, foreigners and stateless persons who were deprived of Estonian citizenship as a minor, subject to their renunciation of foreign citizenship, have the right to it.
4. Acquisition for special merit (kodakondsuse saamine eriliste teenete eest). 10 of the Act, if a foreigner has special merits to Estonia in the field of science, culture and sports or any other field, no more than 10 people can obtain citizenship per year at the request of a member of the government.

Marriage with an Estonian citizen gives advantages only when obtaining a residence permit and is not a basis for simplified naturalization.

For information on the benefits and risks of marrying a foreigner, see the article “How to get married abroad in 2021”.

How to get an Estonian passport: stages of naturalization

Estonian citizenship for Russians in 2021 by naturalization, like for any other foreigners, requires passing a number of mandatory stages, including:

1. Entering the country. For a long stay in the country exceeding 90 days, a foreigner must apply for a national visa of category D. It is issued if there are sufficient grounds and will help to obtain a residence permit.
2. Obtaining a temporary residence permit (Tähtajalise elamisloa). Temporary residence permit is issued for up to 5 years and can be extended for up to 10 years. According to the Aliens Act (Välismaalaste seadus), the basis for obtaining it will be:
   1. marriage with an Estonian citizen;
   2. the presence in the country of close relatives (children, parents, guardians, grandfathers, grandchildren);
   3. intention to settle in Estonia on a permanent basis (residence permit for permanent residence);
   4. employment;
   5. education;
   6. Doing Business;
   7. participation in criminal proceedings at the request of the prosecutor's office. Temporary residence permit is issued within quotas that cannot exceed 0.1% of the permanent population of Estonia per year. Fingerprints are required to obtain a residence permit.
3. Obtaining a residence permit for a long-term resident (Pikaajalise elaniku elamisluba). This equivalent of traditional permanent residence is issued by Russian citizens under the following conditions:
   1. they have lived in Estonia on the basis of a residence permit for at least 5 years;
   2. have a valid residence permit at the time of the application;
   3. their place of residence is entered in the population register of Estonia;
   4. have sufficient legal income;
   5. are insured by the VMI of the Estonian Health Insurance Fund;
   6. have reached a level of knowledge of the Estonian language equivalent to level B1. The cost of the state fee when filing an application is 64 euros. Registration of both temporary and permanent residence permit is carried out in the Police and Border Guard Department at the place of residence of the foreigner.
4. Obtaining Estonian citizenship. If all the above conditions are met and have lived in Estonia for at least 8 years, the last 5 of which - on the basis of a long-term resident's residence permit, a foreigner will be able to apply for citizenship. The specifics of the procedure on how to obtain Estonian citizenship are discussed below.

Procedure for obtaining Estonian citizenship

If the conditions for naturalization specified in Art. 6 of the Citizenship Law, foreign citizens can apply for citizenship. Beforehand, they will have to pass exams on knowledge of the Constitution of the Republic of Estonia and the Citizenship Act, as well as an exam on knowledge of the Estonian language. We will talk about them below.

After successfully passing the exams, the application and the set of required documents are sent to the local police and border guard department. Applicants can contact the migration authority:

1. Personally, for which it is necessary to make an appointment with the police (Department of Citizenship and Immigration Affairs) in advance through the reservation system. The booking calendar is open 3 months in advance.
2. By mail, by sending an application and a set of documents to the address: Рolitsei- ja Piirivalveamet, Pärnu mnt 139, 15060, Tallinn.
3. By e-mail to the address [email protected], with the title “Eesti kodakondsuse taotlemine” in the subject line. Instructions on how to fill out the digital application form for sending by e-mail can be found here.

After receiving the application, the local citizenship department forwards the documents to the Estonian government.When the responsible agency makes a decision, the applicant is notified by mail.

If necessary and if there are additional questions, the police department can call the applicant for an additional interview. If the result is a positive decision, the foreigner will receive an Estonian passport within 30 days.

Package of documents

When applying to the police to obtain citizenship, the applicant will need a basic package of documents, which includes:

• Application for Estonian citizenship. It can be filled in both by hand and in the form of an electronic document, and then printed. The instructions for filling out can be found here.
• Proof of legal income: salary certificates, scholarships, pensions, tax returns, bank statements, etc.
• Color photo 40x50 mm in size. If documents are submitted electronically, digital color photographs must have a minimum size of 480 × 600 pixels and in JPG format.
• A document confirming the payment by the applicant of the state duty.
• A document certifying that the applicant was deprived of the citizenship of another country or recognized as stateless. Such a document is not required if the applicant is a refugee or is under international protection on other grounds. If the application is submitted by a person aged 15–18 years, the written consent of his legal representative must also be submitted.
• Certificate of knowledge of the Constitution, the Citizenship Law, and the Estonian language.
• The decision of the commission, which exempts the applicant from all or part of the exams, if the state of health does not allow him to pass them.

Exams

Since it is impossible to become an Estonian citizen without knowing its language and the basics of legislation, Russians or other foreigners must pass exams before applying for citizenship.

Persons who have completed basic, secondary or higher education in Estonian are exempted from the language exam.

The exams are organized by SA Innove (Lõõtsa 4, Tallinn) - Estonian Center of Excellence in Education.

Exams for knowledge of the Constitution and the Citizenship Law are taken electronically. You can register for the exam on the state portal, on the website of the exam organizer, or submit an application in paper form at the regional examination points. The application is submitted with a copy of the passport or other identity document.

Exams are held throughout the year, registration for a specific date ends 15 days before passing the exam. The test includes 24 questions, lasts 45 minutes and is considered successful if the applicant gave at least 18 correct answers.

During the exam, you can use the Estonian text of the Constitution and the Citizenship Law, as well as a dictionary.

You can register for the Estonian language exam only through the state portal or directly at Innove, including at regional examination centers. The application form can be downloaded here and filled out independently, or received as a paper document at the place of filing.

Exams are held throughout the year, registration ends on the 1st of the month preceding the exam. Persons over 65 years of age are exempted from the written part of the exam.

In case of failure to appear without a valid reason or less than 35% of the required score, a second exam can be passed no earlier than six months after the primary one.

More information about the language exam can be found on the Innove website. You can also find useful training materials here.

The certificates for passing both exams are issued exclusively in electronic form. Certified printouts of electronic certificates can be obtained from the Innove customer service department at Tallinn, Lõõtsa 4.

The cost of printing 1 A4 sheet is 1 euro, payment is made only on the spot and only in cash.

Cost and terms of obtaining citizenship

When applying for citizenship, the applicant must pay a state fee, the amount of which is 13 euros. The exams are free.

Obviously, the costs of obtaining citizenship can be many times higher if the applicant uses the services of legal support of the process and the services of intermediaries in the preparation of documents.

The term for consideration of the application from the date of submission of documents to the receipt of a response by mail is 6 months.

Electronic citizenship of Estonia

Electronic residence - Estonian know-how. Over the past 5 years, Estonia has been developing an e-society and digitalization, spending 1% of GDP annually on converting most public services into digital. Now anyone can obtain an electronic citizenship of Estonia and receive government services in a simplified form.

What is E-residence

Let's clarify right away: the virtual residence has nothing to do with the political and legal relationship between individuals and the state and does not provide any advantages when obtaining a residence permit or an Estonian passport.

It is rather a privilege for foreign businessmen - by registering an E-residence, foreigners receive the same rights as Estonian citizens, but only in the field of entrepreneurship.

Given the favorable conditions for doing business in Estonia and the possibility of legal entry into the EU market, e-citizenship is a convenient and simple way to develop projects at the international level.

The applicant receives an electronic identity card in the form of a plastic card with a chip, which contains the main biometric data of the holder. With its help, a foreigner can:

• register a business in Estonia and pay taxes and other mandatory payments, as well as submit financial statements online;
• organize remote company management and document flow;
• use any digital services of Estonian government services;
• sign any documents with a dedicated electronic signature;
• receive state privileges in doing business on an equal basis with Estonian companies.

How to register an E-residence

Any foreigner can become an electronic resident; registration is carried out online. This requires:

1. Fill out an application on the police website. Indicate personal data, information about the place of residence and citizenship, details of documents and additional information in accordance with the application form.
2. Pay a fee of 100 euros. Individual country residents may be subject to an additional service charge. For example, the additional fee in Seoul will be 28.5 euros, in Tokyo - 30 euros.
3. Get tested by the Police Department and Border Guard.
4. Receive an invitation and come to Tallinn for a face-to-face interview with authorized employees, submit fingerprints and other biometric data.
5. Receive a digital ID card at your location in Estonia or by post at your place of residence.

Reasons for refusing citizenship

The reasons why the Estonian government may refuse to grant citizenship are determined by Art. 21 of the Law "On Citizenship". Among such reasons:

• provision of false information, forged documents, concealment of facts that prevent obtaining an Estonian passport;
• creating threats to the constitutional order of the Republic;
• non-compliance of the candidate with the requirements of the legislation or the Constitution of Estonia;
• incrimination in actions directed against the interests of the Republic and its security;
• commission of a crime for which the candidate was imprisoned for a period of 1 year or more, if the conviction has not been canceled, or repeated criminal prosecution for intentional crimes;
• being in service in foreign armed forces or special services.

The decision to refuse citizenship is sent to the candidate within the same time frame as the positive decision.If the applicant does not agree with the conclusions of the government, he has the right to appeal such a decision to the Administrative Court within 30 days from the date of receipt.

After six months, a foreign citizen has the right to again apply to the competent authorities to obtain citizenship. The number of calls is not limited.

Second and dual citizenship

Both the second and dual citizenship in Estonia are illegal. 1 of the Citizenship Law, an Estonian citizen cannot be a citizen of another state at the same time.

One of the prerequisites for acquiring an Estonian passport is the refusal of a foreign indigenous person. It will not be possible to preserve Russian citizenship.

Read about the attitude to the status of bipatride of the state of Russia in the article “Is dual and multiple citizenship allowed in the Russian Federation”.

A similar rule applies to children in international couples. Thus, acquiring at the same time two indigenous people by birth due to the origin of their parents, a child who has reached the age of 18 is obliged to renounce either Estonian or foreign citizenship. But no one can force a person to do this: according to Art. 5 of the law, there is immunity - no one can be deprived of Estonian citizenship by birth.

This does not apply to naturalized Estonians. 28 of the law, they may be deprived of their Estonian citizenship if, being Estonians, they accepted an indigenous person of a foreign state and did not surrender their Estonian passport.

Conclusion

Estonian citizenship is attractive to everyone who intends to leave their homeland and move to one of the European countries. However, Estonian legislation is harsh on foreigners who do not have Estonian roots, and imposes rather strict conditions on their naturalization.

In addition to fulfilling all the prerequisites for residency, income and integrity, Estonian candidates must also pass 2 compulsory exams, after which they will be able to apply for citizenship.

Bipatrism is prohibited in the country, and therefore, before obtaining Estonian citizenship, you will have to renounce a foreign one. Therefore, if the main goal of naturalization is entrepreneurship and entering the European market, it is much more logical to use the E-residence program and get an electronic residence.