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Aliens Act Amendment Act

Passed on 24 September 1997

(RT I 1997, 73, 1202),

entered into force 26 October 1997.

The Aliens Act (RT I 1993, 44, 637; 1994, 41, 658; 1995, 57, 981; 1997, 19, 306; 53, 837) is amended as follows:

§ 1. Section 6 (1) is amended and worded as follows:

"(1) The annual immigration quota is the quota for aliens immigrating to Estonia which shall not exceed 0.05 per cent of the permanent population of Estonia annually. The immigration quota shall be established by the Government of the Republic taking into account the proposals of the local governments. In individual cases, the Government of the Republic may exceed the valid immigration quota in the case of a specific person out of the immigration quota for the following year. Persons who have the right to settle in Estonia outside of the immigration quota or to whom the immigration quota does not apply are not included in calculating fulfilment of the immigration quota. "

§ 2. Subsection (3) is added to § 6 worded as follows:

"(3) The immigration quota does not apply to citizens of the European Union, Norway, Iceland and Switzerland. "

§ 3. Subsection 12 (3) is amended and worded as follows:

"(3) A permanent residence permit may be issued to an alien who has resided in Estonia on the basis of a temporary residence permit for at least three years within the last five years and who has a residence and employment in Estonia or other legal income for subsistence in Estonia, unless otherwise provided by this Act. A permanent residence permit shall not be issued to an alien who has received a residence permit in Estonia pursuant to clause (1) 1) or 2) of this section or to an alien who has received a residence permit as an exception pursuant to subsection (5) of this section. "

§ 4. Subsection (6) is added to § 12 worded as follows:

"(6) Issue of a residence permit shall be refused due to fulfilment of the immigration quota. "

§ 5. Subsection (3) is added to section 14 worded as follows:

"(3) A residence permit is revoked:

1) on the basis of a personal application of an alien;

2) if an alien settles in a foreign state and stays outside Estonia for more than a total of 183 days in a year and does not register his or her absence under the conditions and pursuant to the procedure established by the Government of the Republic of Estonia. "

§ 6. Section 20 is amended and worded as follows:

"§ 20. Legal guarantees for aliens who applied for residence permit before 12 July 1995

(1) Aliens who applied for a residence permit before 12 July 1995 and to whom a residence permit has been issued and who are not among the aliens specified in subsection 12 (4) of the Aliens Act retain the rights and duties provided for in earlier legislation of the Republic of Estonia.

(2) An alien specified in subsection (1) of this section does not require a work permit in order to work in Estonia during the period of validity of his or her temporary residence permit; he or she has, under the conditions provided by law, the right to vote in local government council elections on the same grounds as an alien staying in Estonia on the basis of a permanent residence permit and has the right to apply for a permanent residence permit as of 12 July 1998 under the conditions and pursuant to the procedure established by the Government of the Republic, but not after the expiry of his or her residence permit. "

§ 7. Section 21 is repealed.