Estonian nationality law

Resolution Concerning the Citizenship of the Democratic Republic of Estonia, the first Estonian citizenship law was adopted by the Estonian National Council on 26 November 1918. According to this law, all people who

• 1) were permanent residents on the day the law came into force on the territory of the Republic of Estonia;
• 2) prior to the Estonian Declaration of Independence on 24 February 1918 had been subjects of the Russian State;
• 3) were entered in the parish registers or originated from the territory of Estonia,

regardless of their ethnicity and faith were proclaimed Estonian citizens.

The Citizenship Law adopted in 1922 defined the principles of succession by applying the jus sanguinis principle.[1]

• Male Estonian citizens are required to take up national service.[2]

'Undefined citizenship' (Estonian: kodakondsuseta isik, Russian: негражданин) is a term used in Estonia to denote a post-Soviet form of statelessness. It is applied to those migrants from former Soviet republics and their children, who were unable or unwilling to pursue any country's citizenship after the collapse of the Soviet Union. Russia being the successor state to the Soviet Union, all former USSR citizens qualified for citizenship of the Russian 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 the established legal principle that persons who settle under the rule of an occupying 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 found that this policy was discriminatory, especially against the country’s Russian-speaking immigrant minority, and "in violation of the International Convention on the Elimination of All Forms of Racial Discrimination." In 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 at Ghent University, a number of historic precedents support this, most notably the case of Alsace-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 an Estonian alien's passport. An Estonian alien's passport allows visa-free travel within Schengen 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]

The European Commission against Racism and Intolerance, Advisory Committee on the Framework Convention for the Protection of National Minorities and UN Special Rapporteur on racism Doudou 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]

A large number of Estonian citizens also possess Russian citizenship.

Because Estonia forms part of the European Union, Estonian citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European 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 in Article 21 of the EU Treaty.[17]

Visa requirements for Estonian citizens

Visa requirements for Estonian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Estonia. As of 7 July 2020, Estonian citizens had visa-free or visa on arrival access to 179 countries and territories, ranking the Estonian passport 13th in the world according to the Henley Passport Index.[18] Holders of Estonian alien's passport face different visa requirements.

In 2017, the Estonian nationality is ranked twenty-first in the Nationality Index (QNI). This index differs from the Visa 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]

• Estonian passport
• Non-citizens (Latvia)
• Non-citizen US Nationals - American Samoans, who are US nationals but not US citizens.

• Police and Border Guard Board