The new Aliens Act to enter into force as of today

04.10.2010

The new Aliens Act entering into force as of 1 October this year will establish more thorough regulations on the studying and working activities of foreigners in Estonia and impose liability for violation of the Act.

The new Act does not entail significant changes for foreigners themselves – the procedural acts and the requirements set forth in the former Aliens Act remain largely the same. Above all, the main changes concern the responsibilities of education institutions and employers, and cross-border passenger transport.

Minister of the Interior Marko Pomerants: “Compared to the former Aliens Act, the new regulation is considerably more thorough and its clear structure and wording will allow both institutions and foreigners to find the necessary information much more efficiently.”

According to the new Act, applications for a temporary residence permit can in Estonia be submitted to the Police and Border Guard Board by foreigners staying in the country legally (e.g. on the basis of a visa) and is applying for a residence permit in order to study under a nationally recognised curriculum in master’s or doctor’s studies.

In cross-border passenger transport, the new Act obligates both natural and legal person carriers to check, before accepting a foreigner onto their transport vehicle, whether the foreigner is carrying a document required for border-crossing and has legal basis for entering Estonia or being in the transit zone.

A general requirement deriving from the new Act is the obligation to prove the existence of actual dwelling space upon applying for a temporary residence permit. Upon inviting a foreigner to Estonia, employers, educational institutions and the persons providing accommodation for the foreigner will now be obligated to check, whether the foreigner they have invited to Estonia has legal basis for staying in Estonia.

In regards to foreigners studying and working in Estonia, the Act extends the notification obligation of educational institutions and employers. For instance, educational institutions will be obligated to notify the Police and Boarder Guard Board of the conclusion and termination of training contracts with foreigners. From now on, notification also has to be given in case foreigners, who have been granted a temporary residence permit for studying, fail to commence their studies.

As an important aspect, the new Act sipulates penalties for various violations.
A fine of up to 300 fine units and, in case of legal persons, a fine of up to 50,000 EEK will be imposed on employers for allowing a violation of the requirements for foreigners working in Estonia, including for allowing the foreigners to work in conflict with the requirements established by law. The same applies to employers paying a salary to foreigners for working in Estonia below the rates established by law, or not paying a salary or failing to fulfil the notification obligation.

“The Act does, indeed stipulate and provide for penalties, but no one will bother proper foreigners. How does one distinguish proper foreigners? Their documents are in order,” the Minister of the Interior added.

The Aliens Act stipulates the grounds for the arrival, temporary stay and employment of foreigners in Estonia and the liability for violating the obligations set forth by the Act.

Furthermore, as of 1 October 2010, it is possible to check the registration of temporary employment and the validity of the visa of foreigners on the homepage of the Police and Border Guard Board.

 

Information concerning the necessary travel documents and the legal basis for staying in Estonia is available on the homepage of the Police and Border Guard Board at www.politsei.ee <http://www.politsei.ee/>

 

For information on the obligations arising from the Aliens Act and on the application of documents, please contact the Police and Border guard Board’s client help line 612 3000 (Mon-Fri 8:00-18:00).

 

Aliens Act: https://www.riigiteataja.ee/ert/act.jsp?id=13331195

 

 



Ministers of the Interior of Estonia and Bulgaria signed an inter-ministerial cooperation agreement

22.09.2010

On 21st September a cooperation agreement between the Ministries of the Interior of the two countries was signed by the Minister of the Interior Marko Pomerants and the Deputy Prime Minister and Minister of the Interior of Bulgaria Tsvetan Tsvetanov.

The aim of the agreement is to ensure cooperation of the ministries in order to facilitate the fight against crime in both countries by exchanging information and experience in border management and police sectors.

“The cooperation agreement concluded today is a basis for everyday practical cooperation between national security authorities in both countries and for making long-term strategic decisions”, said the Minister of the Interior Marko Pomerants.

Within the framework of cooperation information and experience necessary for fighting crime will be exchanged: experts from both countries will be involved, meetings and joint training sessions arranged and crime prevention programs implemented.

The Deputy Prime Minister and Minister of the Interior of Bulgaria Tsvetan Tsvetanov also believes that the agreement is very important. In addition to the signing of the agreement the Bulgarian minister has also noted that an overview of the Estonian IT solutions received during the visit was useful. “In the area of electronic services Estonia might be a model for other European states”, said the Bulgarian minister.

“I will definitely tell my colleagues about what I saw here and will recommend them to learn from Estonian experience”, added the Bulgarian minister while talking about IKT Demonstration Center, e-police and ID-cards.

The Deputy Prime Minister and Minister of the Interior of Bulgaria Tsvetan Tsvetanov arrived in Estonia with a two-day visit in order to sign an inter-ministerial cooperation agreement and to discuss Estonian candidature as a location of a new IT Agency of the European Union. During the visit the Bulgarian minister also had a meeting with Prime Minister Andrus Ansip.

Bulgarian delegation received an overview of the Estonian IT solutions and work of police force by visiting Police and Border Guard Board and Police Coordination Center.

 



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