Staying in and outside Estonia based on temporary and permanent residence permit.
If there were a term of ‘’migration literacy’’, we would highlight the following rules related to the legal aspect of immigration as its cornerstones:
1. Always keep your national passport and/or travel document valid for the entire duration of your stay abroad. Expired documents can lead to legal complications, travel restrictions, or difficulties in extending your residence permit.
2. Comply with the residency rules of the country you are currently living in. Each country has specific regulations regarding visa duration, residence permits, and permitted absence. Staying informed and adhering to these rules helps avoid legal issues, fines, or even revocation of your residency status.
In this article, we cover some basic questions related to the staying in and outside Estonia based on a temporary residence permit (hereinafter – TRP) and a residence permit for long-term resident – permanent residence permit (hereinafter –PRP). The question of staying relates to foreigners from non-EU countries and is regulated by Estonian Aliens Act (Välismaalaste seadus).
When TRP or PRP is issued, it is assumed that a foreigner will reside in the issuing country under the conditions corresponding to the terms and purpose of TRP or in accordance with the requirements for residing with PRP. This is a simple and logical concept, yet it is not always obvious to everyone in practice. Some permit holders suggest that once their residency status is granted, they can freely travel or live abroad without restrictions. However, Aliens Act sets clear conditions for how long residents can be absent from Estonia without jeopardizing their Estonian resident status.
Temporary residence permit and absence from Estonia
TRP allows a person to legally reside in Estonia for the validity period of the permit. It also provides the right to travel and stay in other countries, but with some points to keep in kind:
- Leaving Estonia for short-term trips is allowed and does not affect your residency status;
- If you travel outside Estonia, the conditions for staying in the destination country apply.
If you return to your home country, your stay is not restricted with time frames, and you can be there according to the purpose of your travel.
If you travel to another Schengen country, the maximum stay is 90 days within a 180-day period unless you obtain a local visa or residence permit.
The Estonian Police and Border Guard Board (PBGB) calculates the period of stay outside Estonia based on the following considerations: residence in Estonia on the basis of temporary residence permit carries with it the prospect of obtaining a permanent residence permit. Therefore, the rules for calculating the period of staying in Estonia are as follows:
- A foreigner has to have resided in Estonia on a temporary residence permit for at least five years before applying for PRP;
- Absences from Estonia should not exceed 6 consecutive months at a time and a total of 10 months within the last 5 years before applying for PRP.
Nevertheless, a formal breach of a term of permitted absence specified above does not automatically lead to the TRP revocation. If a foreigner exceeds the six-month or ten-month absence limit, the time outside Estonia may still be counted towards a residency period, if PBGB considers this absence as justified.
What can be qualified as a justified absence?
- Medical treatment or maternity leave abroad
- Business obligations or assignments
- Unforeseen personal circumstances
Therefore, if a foreigner anticipates being away from Estonia for an extended period, it is advisable to inform the PBGB in advance and provide supporting documents.
Permanent residence permit and absence from Estonia
For permanent residents, there are stricter absence rules than for temporary residence permit holders. Aliens Act sets clear time limits that could lead to revocation of a PRP:
- If a foreigner stays outside the member states of the European Union for 12 consecutive months;
- if the stay of a foreigner outside Estonia has lasted no less than 6 consecutive years.
Nevertheless, violating the allowed absence periods does not automatically lead to a revocation of a PRP. The PBGB evaluates each case individually and may consider your absence as justified.
If a foreigner’s absence exceeds the allowed period, then he/she has to be prepared to provide documentation and an explanation when returning to Estonia. As the same with TRP, it is advisable to inform the PBGB in advance and provide supporting documents.
Key takeaways
For TRP holders:
- If you plan to apply for PRP, ensure that your absences do not exceed six months consecutively or ten months over five years;
- keeps these terms in mind to have an opportunity for extension of your TRP;
- If your absence exceeds these limits, be ready to justify it to the authorities. It is a good idea to do it in advance.
For PRP holders:
- Stay within the 12-month absence limit outside the EU and 6-year absence limit within the EU not to lose your PRP;
- If you plan to be away for a longer period, it is a good idea to inform the PBGB in advance.
If you need legal assistance with your residence permit, contact us. Our lawyers can help you navigate the complexities of immigration law, renewals, and compliance issues.