How can you reunite with your family after having been granted international protection?
You have the right to reunite with your close family members if you are granted international protection.
Definition of family
The definition of family is very limited according to the Family Reunification Directive and the Act on Granting International Protection to Aliens. As a beneficiary of international protection, your family members are considered to be:
- your spouse
- your unmarried minor child, including an adopted child
- an unmarried and minor child under the custody of you or your spouse
- your or your spouse’s unmarried adult child if the child is unable to cope independently due to their state of health or disability
- a parent or grandparent maintained by you or your spouse if the country of origin does not provide support resulting from other family ties
As an unaccompanied minor beneficiary of international protection, your family members are considered to be:
- your parents
- your guardian or other family member if you have no parents or the parents cannot be traced
important For family reunification, it is necessary for family ties to have existed in the country of origin. This means that if you want to reunite with your spouse, the marriage needs to have been contracted before entry into Estonia. Only officially married partners with the relevant documentation have the right to family reunification in Estonia.
Process of family reunification
If your family members arrived in Estonia with you, the Police and Border Guard Board will issue them with the residence permits of a family member after granting you international protection.
If your family is still in your country of origin, you may submit an application for family reunification to the Police and Border Guard Board together with copies of identity documents and copies of birth or marriage certificates. The Police and Border Guard Board makes a decision in 30 days about whether the family members qualify as family members based on the law. The Police and Border Guard Board may conduct an interview with you if necessary. After a positive decision on family reunification, the family member should apply for a visa from any foreign representation of Estonia. After receiving the visa, the family member can travel to Estonia. Upon arrival in Estonia, the family member has the obligation to submit an application for international protection. The Police and Border Guard Board processes the application to make sure that the family member is in need of independent international protection or should be issued the residence permit of a family member. The decision is made within 6 months.
If family reunification is possible in another country or the family member submits the application after six months have elapsed, the Police and Border Guard Board may require that you have a permanent legal income which ensures the subsistence of your family in Estonia, as well as a residence where your family can be accommodated. In these cases, the Police and Border Guard Board may also require your family member to have a valid health insurance policy.
What human rights violation may there be?
If your application for family reunification is unjustifiably denied, it could violate your right to respect for family life. A decision of the Police and Border Guard Board to deny family reunification may be appealed in the Administrative Court. Read about the appeal procedure.