In case the reason for the stay of an alien (except for the citizens of the EU Member States, member states of the European Economic Area and the Swiss Confederation) in Estonia is employment, this person must have a residence permit for employment.
Before the alien can apply for the residence permit for employment from the Police and Border Guard Board, the employer must have, in general , the permission of the Estonian Unemployment Insurance Fund for employing an alien.
Employer must have a permission of the Estonian Unemployment Insurance Fund to fill a position by an alien in the following cases:
- the alien is applying for a temporary residence permit for employment;
- the alien is applying for a temporary residence permit for employment as a temporary agency worker;
- the alien is applying for a temporary residence permit for intra-corporate transfer
- the alien is applying for the EU Blue Card;
- the alien is residing in Estonia on the basis of the EU Blue Card and during the first two years of the period of validity of the EU Blue Card, the alien wishes to terminate the employment with the employer, for whom he/she started working and hence the EU Blue Card was issued to the alien, and commence employment with another employer.
Cases, when it is not necessary to apply for the permission of the Estonian Unemployment Insurance Fund, are set out in § 181 of the Aliens Act.
The Estonian Unemployment Insurance Fund permit is not connected to the person of the alien and can be applied for in order to fill several similar positions at the same time.
A foreigner who has been issued with a temporary residence permit can work simultaneously for several employers registered in Estonia, and as a temporary agency worker in a user undertaking for the purposes of subsection 6(5) of the Employment Contracts Act.
The requirement for the permission of the Estonian Unemployment Insurance Fund is not applied upon extension of the temporary residence permit for employment and if an alien is takeing employment in another post at the same employer provided that other conditions determined in the residence permit do not change and the same professional and qualification requirements are required in the other post.
The Estonian Unemployment Insurance Fund shall grant a permit for employment of an alien, if the following conditions are met:
- it is impossible to fill the vacant position by employing an Estonian citizen or a citizen of the European Union or an alien residing in Estonia on the basis of a residence permit, who would comply with the requirements for qualification and professional skills for such position;
- filling the place of employment with an alien is justified taking account of the labour market and based on the data of the Estonian Unemployment Insurance Fund.
In order to obtain the permission to fill a position by employing an alien, the legal representative of the employer or the representative authorised by the employer has to submit to the Estonian Unemployment Insurance Fund a (digitally) signed application form, including necessary documents. The applications can be:
- sent by e-mail to the address: luba [ä] tootukassa [dot] ee;
- sent by post to the address: Eesti Töötukassa, Lasnamäe 2, 11412 Tallinn, and add the title „Permission for Employing an Alien”;
- delivered personally to Tallinn, Lasnamäe 2, 9th floor. If you want to submit the documents personally, please notify the Unemployment Insurance Fund in advance by calling 614 2837.
If the documents are submitted by the authorised representative, a power of attorney must also be attached to the application. In case of sending the documents by e-mail, the application for a permit and power of attorney must be signed digitally.
In case of a duly completed application, the decision of granting or not granting a permit to the employer for filling a vacant position by an alien shall be made within seven working days from the day of submission of the respective application.
The permit of the Estonian Unemployment Insurance Fund shall be valid for the submission of the application for residence permit for six months from the day of granting the permit.