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Estonia to toughen regulation on working, study by foreigners

BC, Tallinn, 10.09.2020.Print version
The Estonian government on September 10th gave its nod to a draft legislation to amend several laws that would toughen the regulation concerning employment and study by foreigners in Estonia, informs LETA/BNS.

The purpose of the bill is to put in order the regulation concerning working by foreigners in Estonia and the terms for the stay, study and taking up of residence by foreigners in Estonia, taking into consideration the constantly changing environment and the new needs it entails, as well as keeping in mind the goals set forth in various national development plans, the government's communication office said. 


Interior Minister Mart Helme said in a press release that the current regulation of study related migration must be changed as it fails to sufficiently take into account the needs of ensuring public order and the security of the state.


According to the proposals for amendments related to study related migration, in the future long-term visas would not be issued to the family members of foreigners studying in Estonia on the same basis as to the people who arrive here for the purpose to study, the Interior Ministry said.


A foreigner who has obtained a residence permit for the purpose of study will in the future be able to invite their spouse to join them in Estonia not earlier than two years after the commencement of studies in Estonia.  


Foreigners who have taken up residence in Estonia for the purpose of study and have discontinued their studies will in the future not be able to apply for a residence permit for permanently taking up residence in Estonia. In accordance with the proposed amendment, the period of time stayed in Estonia studying on the basis of a fixed-term residence permit would not count as part of the residency period required for the application for a residence permit.


Permanent taking up of residence in Estonia must be preceded by residing in Estonia on a different basis -- either on a residence permit for the purpose of employment or for the purpose of business. An exception to this rule is provided to foreigners who have completed doctoral studies.


If a foreigner holds a fixed-term residence permit for the purpose of study and they have not completed their curriculum to the extent required for the possession of a residence permit for the purpose of study, or have discontinued their studies, the validity of their residence permit would expire 30 days after the discontinuation of studies. 


Also the residence permit of a family member of such foreigner would expire 30 days after their spouse or parent discontinues their studies. 


According to the ministry, 30 days is a sufficient period of time for a foreigner to arrange for their leaving or obtaining a new legal basis for stay in Estonia.  


In accordance with the planned changes to the rules on work related migration, only foreigners holding a long-term visa, or D visa, would be entitled to enter short-term employment in Estonia in the future.  


The interior minister pointed out that a major increase in the registration of instances of short-term employment has taken place in Estonia in recent years. Where in 2017, 8,376 applications for the registration of short-term employment were filed with the Police and Border Guard Board, in 2019 that number was as big as 34,853. 


"The purpose of the valid set of rules concerning the employment of foreigners in Estonia is to protect the Estonian labor market. The current set of rues is unable to fulfill its purpose and hence has to be updated," the minister said. 


In addition, the regulations concerning seasonal work in Estonia will change. Where to date foreigners have been able to work in Estonia seasonally for 270 days during a 365-day period, according to the proposed amendment, registration of short-term employment as seasonal work would be permitted for 183 days during a 365-day period, meaning a period of six months within a single year.  


In the future a remuneration consistent with a wage criterion must be paid to foreigners doing seasonal work. The pay level for such people must equal at least the average monthly gross wage for a full year in the corresponding seasonal activity, according to the latest information published by Statistics Estonia, and 80 percent of the average monthly gross wage in the case of unskilled seasonal work.  


In addition, the government gave its nod to an amendment whereby a foreigner who has arrived in Estonia for the purpose of employment can be hired only full-time, no matter whether the person is hired for a short term or a long term based on a residence permit.   


"With said legislative amendment we direct employers towards giving preference to Estonian residents as workforce and reducing scheming by employers with terms of employment and wage criteria to gain an unfair competitive advantage," Helme said. 


The minister said that bringing a foreigner to Estonia is not justified if the foreigner works here only part-time, especially considering that a foreigner working in Estonia must support both  themselves and their family. 


Just like with study related migration, long-term visas would not be issued to the family members of foreigners in short-term employment in Estonia on the same terms as to the persons who have arrived here for the purpose of employment. The exceptions to this rule are single parents and family members of people working in the sphere of research and development. 


Family members will be able to apply for a visa on their own if necessary, and can visit the family member working or studying in Estonia in the meantime. A visa is a temporary basis of stay, and upon the expiry of a visa the foreigner who was issued the visa and their family members must leave Estonia, the ministry said. 


The bill to amend the Aliens Act, the Higher Education Act and the Study Allowances and Study Loans Act still needs to be passed by the Riigikogu. 






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