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A permission to fill a position by employing an alien

Prindi

Lisatud 12.11.2013 | Uuendatud 19.02.2021

If an alien’s (except for citizens of the Member States of the European Union, the Member States of the European Economic Area, and Swiss Confederation) purpose of staying in Estonia is to work here, they must have a residence permit to be able to work here. Before an alien can apply for this from the Estonian Police and Border Guard Board, the employer must generally have the Estonian Unemployment Insurance Fund’s permission to hire that alien.

The employer requires the Estonian Unemployment Insurance Fund’s permission to fill the job position with an alien in the following cases:

  • an alien applies for a temporary residence permit to work here;
  • an alien applies for a temporary residence permit to work here as a temporary agency worker;
  • an alien applies for a temporary residence permit for a transfer within a company;
  • an alien changes their employer;
  • an alien applies for the EU Blue Card;
  • an alien lives in Estonia on the basis of the EU Blue Card and wants to stop working at their current employer within the first two years of the EU Blue Card validation period, for which they were issued the EU Blue Card, and start working for another employer.

Specifications when it is not necessary to apply for a permit from the Estonian Unemployment Insurance Fund have been established in § 181 of the Aliens Act.

The application submitted to the Estonian Unemployment Insurance Fund is job position based and not associated with the alien’s person, and it can be applied for filling several of the same positions.

An alien who has received a temporary residence permit to work here may simultaneously work for multiple employers registered in Estonia, and also as a temporary agency worker for the relevant employer pursuant to § 6 (5) of the Employment Contracts Act.

When extending a temporary residence permit for working here and starting a new job position at the same employer and in case no other conditions established upon issuing the residence permit do not change, the requirement for a permission from the Estonian Unemployment Insurance Fund is not applied.

The Estonian Unemployment Insurance Fund gives a permission to hire an alien if the following conditions have been met:

  • the job position cannot be filled with a qualified Estonian citizen, European Union citizen or an alien who lives in Estonia on the basis of a residence permit and meets the occupational requirements;
  • filling the job position with an alien is justified based on the data from the Estonian Unemployment Insurance Fund and considering the labour market situation.

To get a permission to hire an alien, the employer’s legal representative must submit a signed application to the Estonian Unemployment Insurance Fund. If the person submitting the application is an authorised representative, the power of attorney should also be added to the application. When sending the documents by email, the permission application and power of attorney must be digitally signed.

Please use the one of the following options to submit the application:

  • send an email to luba [ä] tootukassa [dot] ee ;
  • send a regular mail to Eesti Töötukassa, Lasnamäe 2, 11412 Tallinn, with the heading ‘Luba välismaalase töölevõtmiseks’;
  • bring it in person to the 9th floor at Lasnamäe 2, Tallinn (please let us know in advance that you are coming by calling (+372) 614 2837);
  • forward it to the regional department.

If the application does not have any deficiencies, a decision shall be made on whether or not to grant the employer a permission to fill the job position with an alien within seven working days of the date of submission of the corresponding application.

The Estonian Unemployment Insurance Fund’s permission shall be valid for submitting a residence permit application for six months of the date of issuing such a permission.

 

 

 

Did you know ...

The Employer is obliged to pay an alien who has been granted a residence permit for the purpose of employment remuneration in the minimum amount of the current Estonian average annual gross income published by Statistics Estonia. Specifications of the requirements for the remuneration to be paid are given in section 178 of the Aliens Act.

If you have questions about matters related to foreigners, such as their arrival, temporary stay, living or working in Estonia, please contact the Police and Border Guard Board.

Contact details of migration advisers:

Telephone: +372 612 3500 (Mon-Fri 9.00-15.00)
E-mail: migrationadvice [ä] politsei [dot] ee
Skype: EstonianPolice_MigrationAdvice
www.migrationadvice.ee

 

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