| Citizenship Act kodakondsuse seadus | |
|---|---|
 | |
| Riigikogu | |
| Citation | RT I 1995, 12, 122 |
| Territorial extent | Estonia |
| Passed by | 7th Riigikogu |
| Passed | 19 January 1995 |
| Commenced | 1 April 1995 |
| Status: Amended | |
|
|---|
|
Estonian citizenship law details the conditions by which a person is a citizen ofEstonia. The primary law currently governing these requirements is the Citizenship Act, which came into force on 1 April 1995.
Estonia is amember state of the European Union (EU) and all Estonian citizens areEU citizens. They haveautomatic and permanent permission to live and work in any EU orEuropean Free Trade Association (EFTA) country and may vote inelections to the European Parliament.
Any person born to at least one Estonian parent receives Estoniancitizenship at birth. Noncitizens maynaturalise as Estonian citizens after living in the country for at least eight years as a permanent resident or on a valid long-term residence permit and showing proficiency in theEstonian language.
From 1940-41 and 1944-91 Estonia was occupied by theSoviet Union and all local residents were considered citizens of theUSSR by the formerSoviet authorities. Since the restoration of the country's full independence in 1991, the Estonian government has assertedlegal continuity with its pre-1940 predecessor and therefore all citizens of Estonia as of 1940 as well as all of their descendants are automatically considered citizens of Estonia now. Anyone who settled in the country during the 1940–1991 German and Soviet occupations, and their children, did not automatically become Estonian citizens in 1991, and many of these first and second generation immigrants have remained in Estonia as noncitizen residents.
TheEstonian National Council adopted theResolution Concerning the Citizenship of the Democratic Republic of Estonia, the first Estonian citizenship law, on 26 November 1918. This law proclaimed as Estonian citizens all people who
regardless of their ethnicity or faith.
The Citizenship Law adopted in 1922 defined the principles of succession by applying thejus sanguinis principle.[1]
Children born to parents, at least one of whom was an Estonian citizen at the time of birth (regardless of the place of birth) are automatically considered Estonian citizens by descent.
Children born in Estonia are eligible for Estonian citizenship if at least one parent holds Estonian citizenship at the time of birth.
A person who married an Estonian citizen before 26 February 1992 is eligible for Estonian citizenship.
Those seeking to become Estonian citizens via naturalisation are required to fulfill the following criteria:
Those who have committed serious crimes or are foreign military personnel on active duty are ineligible to seek naturalisation as an Estonian citizen.
'Undefined citizenship' (Estonian:kodakondsuseta isik,Russian:негражданин) is a term used inEstonia to denote a post-Soviet form ofstatelessness. It is applied to thosemigrants from formerSoviet republics and their children who were unable or unwilling to pursue any country's citizenship after thecollapse of the Soviet Union.Russia being thesuccessor state to the Soviet Union, all formerUSSR citizens qualified for citizenship of theRussian Federation, available upon request, as provided by the law "On the RSFSR Citizenship" in force up to the end of 2000.[3] Estonia's policy of requiring naturalisation of post-war immigrants was in part influenced by Russia's citizenship law and the desire to prevent dual citizenship,[4] and upon theestablished legal principle that persons who settle under the rule of anoccupying power gain no automatic right to nationality.[5]
The policy meant a high level of statelessness initially, with almost 30% of the population having no citizenship in the first years after Estonia regained independence in 1991.Human Rights Watch claims that this policy was discriminatory, especially against the country's Russian-speaking immigrant minority, and in violation of theInternational Convention on the Elimination of All Forms of Racial Discrimination. In the 2010s Estonia took steps to reduce child statelessness, including granting citizenship to children born to non-citizen parents automatically.[6]
According to Peter Van Elsuwege, a scholar in European law atGhent University, a number of historic precedents support this, most notably the case ofAlsace-Lorraine when France on recovering the territory in 1918 did not automatically grant French citizenship to German settlers despite Germany having annexed the territory 47 years earlier in 1871.[7]
Persons of undefined citizenship who reside legally in Estonia can apply for anEstonian alien's passport. An Estonian alien's passport allows visa-free travel withinSchengen treaty countries for a maximum of 90 days in a 6-month period.[8] Alternatively they are entitled to naturalise as citizens and receive an Estonian passport, and more than half have opted to do so since 1992.[9]
TheEuropean Commission against Racism and Intolerance, Advisory Committee on theFramework Convention for the Protection of National Minorities and UN Special Rapporteur on racismDoudou Diène recommend to Estonia simplifying naturalization generally or for the elderly and economically marginalized, as well as encouraging registration of children born in Estonia after 1991 as its citizens.[10][11][12]
Multiple nationality is legally not permitted. However, in practice, birthright citizens can hold multiple nationalities. Naturalised citizens cannot hold multiple nationalities.
According to law, Estonian citizenship is forfeited by law upon voluntary acquisition of a foreign citizenship or entry into military or civilian service for another state. However, according to Article 8 of the Constitution, Estonian nationality by descent is inalienable and cannot be involuntarily revoked.[13]
Because Estonia forms part of theEuropean Union, Estonian citizens are alsocitizens of the European Union underEuropean Union law and thus enjoyrights of free movement andhave the right to vote inelections for theEuropean Parliament.[14] When in a non-EU country where there is no Estonian embassy, Estonian citizens have the right to get consular protection from the embassy of any other EU country present in that country.[15][16] Estonian citizens can live and work in any country within the EU as a result of the right of free movement and residence granted inArticle 21 of the EU Treaty.[17]
Visa requirements for Estonian citizens are administrative entry restrictions by the authorities of other states placed on citizens ofEstonia. As of 7 July 2020, Estonian citizens had visa-free or visa on arrival access to 179 countries and territories, ranking theEstonian passport 13th in the world according to theHenley Passport Index.[18] Holders ofEstonian alien's passport face differentvisa requirements.
In 2017, the Estonian nationality is ranked twenty-first in theNationality Index (QNI). This index differs from theVisa Restrictions Index, which focuses on external factors including travel freedom. The QNI considers, in addition, to travel freedom on internal factors such as peace & stability, economic strength, and human development as well.[19]
