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Obtaining International Protection in Estonia

Anna Berest Anna Berest

Anna Berest

Obtaining International Protection in Estonia

Who is international protection intended for?

Obtaining international protection is a way to gain legal status in the Republic of Estonia for foreigners who fear for their lives and health due to persecution in their own country or who fear that they may be persecuted in the future due to their race, nationality, religion, membership in a particular social group, or political beliefs.

Anyone seeking asylum in the Republic of Estonia can apply for international protection regardless of their country of origin.

Estonia joined the 1951 Geneva Convention on the Status of Refugees and its 1964 New York Protocol in 1997. This means that Estonia has taken on the international obligation to protect foreigners who fall under the scope of these documents. In Estonia, the Police and Border Guard Board handles asylum seekers and collaborates with the United Nations High Commissioner for Refugees (UNHCR) for this purpose. The Ministry of Social Affairs also deals with persons seeking international protection. Since 2006, issues related to the provision of temporary asylum are regulated by the International Protection Act.

The status of international protection is a form of protection available to those who are already in the Republic of Estonia or are seeking international asylum at any border point of the Republic of Estonia.

An application for international protection is a statement made by a foreigner in any form, requesting recognition as a refugee or a person receiving subsidiary protection and seeking international protection.

Temporary protection for Ukrainian citizens and their family members

Temporary protection is a one-year residence permit that provides a person with a sense of security and social guarantees. After receiving temporary protection, war refugees have the same rights as residents of Estonia, such as the right to study, work, and receive health insurance. Ukrainian citizens and their family members who left Ukraine after the Russian military aggression that began on February 24, 2022, are granted a residence permit in Estonia based on temporary protection by the decision of the Estonian government. Temporary protection applications submitted from August 1, 2024, are valid until March 2026.

Who is recognized by law as a refugee or a person receiving subsidiary protection?

A refugee is a foreigner who meets the conditions defined in the 1951 Geneva Convention on the Status of Refugees and has been granted refugee status by the Police and Border Guard Board.

According to the convention, a refugee is a person who, "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country."

Thus, the Police and Border Guard Board recognizes as a refugee a foreigner who:

  • fears persecution in their homeland
  • this fear is justified by objective circumstances, and
  • is related to race, religion, nationality, membership of a particular social group, or political beliefs

What if you do not meet the criteria for a refugee?

In such a case, you have the right to receive subsidiary protection. The international protection procedure provides that if the applicant does not meet the criteria for refugee status, their right to subsidiary protection is considered during the ongoing process. A person receiving subsidiary protection is a foreigner who does not qualify for refugee status but for whom there are grounds to believe that their return or expulsion from Estonia to their country of origin poses a serious risk, including:

  • the application or enforcement of the death penalty against them, or
  • subjection to torture or inhuman or degrading treatment or punishment, or
  • a threat to their life or the lives of civilians in general, or violence against them or civilians as a result of an international or internal armed conflict.

What steps must an applicant take to receive international or subsidiary protection?

Submitting an application for international protection 

There are two ways to submit an application for international protection:

  • Before entering the country, an application for international protection can be submitted to a border guard officer at any border point of the Republic of Estonia. This option can be used if the foreigner does not have a valid visa, travel document, or residence permit in Estonia.
  • If the foreigner is already in Estonia, they need to contact the international protection service of the Police and Border Guard Board to submit an application for international protection.

Substantive review of the application

If Estonia is responsible for reviewing the application for international protection, the Police and Border Guard Board begins the substantive review of the application. The maximum duration for reviewing an application is 6 months. Each application is reviewed individually and objectively. When making a decision, the human rights situation in the applicant's country of origin, the applicant's explanations of persecution, and other circumstances related to the specific application are taken into account.

After reviewing the application 

A person under international protection is a foreigner who has been granted refugee status, is under subsidiary or temporary protection, and has been issued a residence permit in Estonia. An applicant who has been granted refugee status or subsidiary protection status and who is recognized as a refugee or a recipient of subsidiary protection is granted international protection and a temporary residence permit, provided there is no circumstance excluding their recognition as a refugee or recipient of subsidiary protection, or no reason to reject the application for international protection.

If you have lived in Estonia continuously for 5 years on the basis of a temporary residence permit and have acquired Estonian language proficiency at level B1, you can receive a long-term residence permit as a recipient of international assistance. Such a residence permit does not need to be extended.

Can a subsequent application be submitted?

The law provides for the possibility to submit a repeat application. If the applicant provides additional explanations or a repeat application, the Police and Border Guard Board reviews the additional explanations or documents accompanying the repeat application within the framework of the previous international protection application procedure, updating the previous application process. If new circumstances have been identified, or the applicant has submitted new documents or evidence that they could not provide or prove during the previous procedure for reasons beyond their control, and which significantly increase the likelihood that the applicant can be considered as meeting the requirements for receiving international protection, the application is reviewed again.

Persons planning to apply for international protection should understand that each case is unique. In some cases, additional documents and procedures may be required.

 If you need assistance in submitting an international protection application in the Republic of Estonia, you can contact a bureau and receive quick, qualified help with a personal approach to each client at every stage of the application review process.