ESTONIAN PUBLIC SERVICE ACADEMY EUROPEAN MIGRATION NETWORK 2008 MIGRATION AND ASYLUM STATISTICS REPORT OF ESTONIA

ESTONIAN PUBLIC SERVICE ACADEMY EUROPEAN MIGRATION NETWORK 2008 MIGRATION AND ASYLUM STATISTICS REPORT OF ESTONIA TALLINN September 2010 1

This paper has been produced by the Estonian National Contact Point for European Migration Network with the cooperation of the Statistics Estonia and Police and Border Guard Board. Papers compiled by the European Migration Network are produced mainly on the basis of public available information and might not necessarily reflect the national opinions of a Member State. The information is used to the best of its knowledge and is as objective as possible. 2

TABLE OF CONTENTS 1. INTRODUCTION... 4 2. METHODOLOGY... 6 3. MIGRATION AND CITIZENSHIP... 7 3.1. MIGRATION FLOWS AND POPULATION... 7 3.2 APPLICATION FOR CITIZENSHIP AND NATURALISATION... 10 4. ASYLUM... 14 4.1. APPLICATIONS FOR ASYLUM... 15 4.2. APPLICATIONS FOR ASYLUM... 16 4.3. UNACCOMPANIED MINORS... 17 4.4. DUBLIN PROCEDURE... 17 5. PREVENTION OF ILLEGAL IMMIGRATION AND STAY... 18 5.1. REFOULEMENT FROM THE STATE BORDER... 20 5.2. APPREHENSION... 21 6. RESIDENCE PERMITS AND STAY IN THE COUNTRY OF THIRD COUNTRY NATIONALS... 22 7. REMOVAL FROM THE COUNTRY... 26 8. VISA... 28 USED LITERATURE... 29 3

1. INTRODUCTION This report is the fifth national migration and asylum policy annual report. The report has been compiled by the Estonian Academy of Security Sciences that is the national contact point of the European Migration Network (EMN). This report presents the migration and asylum statistics trends as well as policy developments in Estonia during the period 1 January to 31 December 2008. This paper focuses on the statistical analysis of the data pertaining to migration, asylum and illegal immigration. One of the aims of the EMN is to improve availability of accurate, updated and comparable statistical data concerning migration and asylum and comparative analysis of statistical data. For that purpose the EMN contact points compile annual retrospective reports and the European Commission uses these reports for compiling a comparative summarising report. The statistical data of this report are collected from the respective authorities that are responsible for forwarding migration and asylum statistics to Eurostat, the Police and Border Guard Board and Statistics Estonia. This report consists of eight parts and annexes. The first, introductory part describes the structure of the report; the second part describes the methodology of the report. From the third part onwards, two aspects have been set forth in every part first, analysis of statistical data and second, legal, political and international factors that may be influencing the statistical data. The third part gives an overview of the migration and citizenship area, the fourth part issues related to asylum, the fifth part issues related to illegal immigration and stay in the country, the sixth part deals with residence permits and stay in the country of third persons, the seventh part concerns return and the eighth part discusses visas. ************************************ Pursuant to the data of Statistics Estonia, as of 1 January 2008, Estonian population, excluding migration was 1.341 million and population including migration was 1.325 million persons. 1 1 Including migration in population decreases Estonian population by 16, 000 persons. This is not emigration of one year but a population process that has occurred during eight years, when emigration exceeded immigration. Statistics Estonia http://www.stat.ee/33684 4

During the year citizenship was granted to 2,124 persons, which is half as much as in 2007 (4,228 persons). In 2008 the number of asylum applicants remained on the same level as in 2007, i.e. 14 applications for asylum were submitted. In total 4 positive decisions on granting asylum were made, which is the same number as in 2007. In 2008 in total 41 cases of illegal immigration and 56 illegal immigrants were discovered, 16 cases were illegal border crossings in the area between the border inspection points. A characteristic feature of illegal immigration continues to be falsified documents, but now the trend instead of falsified travel documents is now falsified Schengen visa or a residence permit of a European Union country. In 2008 the number of persons sent back from the border was in total 2,326 persons. In 2007, the number of persons sent back from the border was 3,091. As during the previous years, the number of persons sent back mainly arises from the crew members of the ships staying at Estonian ports who wish to leave the ship for a while without holding the right to enter the Estonian territory (they had no visas). In 2008 in total 1,052 persons were caught staying illegally in the country (in 2007: 1,464). The number of persons staying illegally is decreasing due to the fact that the persons who stayed in the country illegally were given the possibility to legalize their stay in the country. The Police and Border Guard Board (PBGB) issued 3,884 temporary residence permits in 2008, nearly 150 less than the previous year (4,065). In 2008 among residence permits the largest number of residence permits was issued on the basis of family reunification -1,402. In 2008 the obligation to leave was imposed on 184 persons. The number of persons who really left the country was 94. Generally, this indicator has remained stable as compared to the year 2007 i.e. 89. Statistical data regarding Estonian population, residence permits, asylum applicants, illegal immigration, citizenship etc have been continuously added to this report. 5

2. METHODOLOGY The specifications of this report have been developed by the European Commission in cooperation with the EMN national contact points. As compared to the previous years, the methodology has changed while during the previous years the European Commission forwarded the Eurostat 2 data to the EMN national contact points and the contact points had to approve or supplement/update the data in cooperation with the national statistics specialists, then this year the European Commission sent empty tables to the contact points and the contact points had to obtain statistical data themselves, complete the tables and thereafter send them to the European Commission. The statistical data of this report are collected from Statistics Estonia and the Police and Border Guard Board (hereinafter the PBGB) 3. The mentioned authorities have confirmed that the statistical data set forth in this report have also been previously submitted by them to Eurostat. Since 2008 Estonia has submitted statistical data to Eurostat according to the Migration Statistics Regulation 4. Thus, most of the statistical data set forth in this paper can be compared against the data of the year 2007. Only general statistical indicators have been set forth for comparative reasons. 2 Eurostat, http://epp.eurostat.ec.europa.eu/portal/page/portal/eurostat/home/ 3 On 1 January 2010 a new joint authority called the Police and Border Guard Board was founded in Estonia. It joins the former boards such as the Police Board, Board of Border Guard and the Citizenship and Migration Board. 4 Regulation No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers. 6

3. MIGRATION AND CITIZENSHIP According to the data of Statistics Estonia, 1.34 million persons lived in Estonia on 1 January 2008 and 1.32 million people on 1 January 2009. There are only three countries in the European Union the population of which is smaller than Estonia Cyprus, Luxemburg and Malta. The population of Estonia continues to decrease although as a result of the increasing number of births and decreasing number of deaths the decreasing of the population has slowed-down significantly. The natural population growth of Estonians was positive in the year 2008. Last time this occurred in 1990. Decrease of the population is also influenced by the fact that the number of persons who leave Estonia is higher than the number of those who come to Estonia. Immigration has steadily grown year-by-year, the highest number of immigrants to Estonia come from Russia and Finland. By years, emigration is uneven; the main target country of emigration of the recent years has been Finland. During the years 2000-2008, approximately 2.3% of the total population of Estonia migrated from Estonia to other countries. 5 Table 1. Estonian population 2007-2008 Population including migration Population excluding migration 2007 1 327 484 1 342 409 2008 1 325 408 1 340 935 Source: Statistics Estonia 3.1. MIGRATION FLOWS AND POPULATION Estonian immigrant population 6 developed after the Second World War and consists mainly of the immigrants from other member states of the Soviet Union. Until the year 1988, 5 Estonia. Numbers and Facts 2008, Tallinn 2009, Statistics Estonia 6 The immigrant population consists of the people living in Estonia whose both parents were born in a foreign country. 7

immigration was rather intense (the main immigration flows occurred after the Second World War until the beginning of the 1950s). Statistics The share of immigrants in Estonian population is continuously decreasing. On one hand, it is due to the fact that the third generation of former immigrants belongs to the native population, on the other hand due to the drastic decrease in the number of immigrants after the restoration of independence of the Republic of Estonia. The difference of distribution by age of the immigrant population as compared to the native population is remarkable. In the native population the share of younger people is significantly higher than in the immigrant population. The share of the 15 29-year-olds among the 15 74-year-olds was more than 30%, while in the case of immigrant population the share of the 15 29-year-olds was just over 10%. At the same time, the share of elderly people was much higher among the immigrant population. The main reason for the difference in distribution by age is the fact that the majority of the third generation of the immigrant population belongs already to the native population. In 2008 only 1.2% of the Estonians in the age of 15 74 years belonged to the immigrants (there was 3% of immigrant Estonians). The highest number of immigrants 80% was of Russian nationality. There are approximately 23% of people of other nationalities in the Estonian population and the share of immigrant population is approximately 24%. Due to the fact that the immigrant population consists of people whose parents were born abroad, the non-estonian-speaking population and the immigrant population overlap to great extent, although not completely. In total 72% of the non-estonians in the age of 15 74 years and only 1% of Estonians in the age of 15 74 are a part of the immigrant population. More than half of the Estonian population of other nationalities are born in Estonia, in total 15% of the Estonian population was born outside Estonia. The parents of most of non- Estonians were not born in Estonia: in the case of 60% both parents were born outside Estonia and in the case of 23% at least one of the parents was born in Estonia. 7 Two thirds of Estonian population are Estonians. Most residents of Estonia who are of other nationality are Russians. The percentage of other nationalities differs by regions. More than 80% of the non-estonians of Estonia live in two counties in Harju County (mostly in 7 Immigrant Population in Estonia, Tallinn 2009, Statistics Estonia, www.stat.ee 8

Tallinn) and Ida-Viru County. In Ida-Viru County the percentage of non-estonians in total population is approximately 80% and in Tallinn approximately 45%. 8 In 2008 the number of immigrants was 3,671 (in 2007: 3,741) persons and the number of emigrants 4,406 (in 2007: 4,384 persons). The main reason for emigration lies in return of people of Russian nationality to their home country and employment of Estonians in other European Union countries. Table 2. Legal residents (as of 1 January, during the period 2002-2008) Legal residents (as of 1 January) Data regarding immigration 2002 2003 2004 2005 2006 2007 2008 1 361 242 1 356 045 1 351 069 1 347 510 1 344 684 1 342 409 1 340 935 575 967 1097 1436 2234 3741 3671 Data regarding emigration 2038 3073 2927 4610 5527 4384 4406 Source: Statistics Estonia In 2008 the main profile of an immigrant was: Estonian, female, age group 20-64. The most common profile of the citizens of third countries was citizens of the Russian Federation, male, age group 20-34. The main profile of an emigrant in the reference year was: Estonian, male, age group 20-34. The main emigrants of third countries were citizens of the Russian Federation, male, age group 35-64. 8 Immigrant Population in Estonia, Tallinn 2009 Statistics Estonia, www.stat.ee 9

Table 3. Ethnic composition of Estonian population, 2008 Source: Statistics Estonia 3.2 APPLICATION FOR CITIZENSHIP AND NATURALISATION Acquiring/losing Estonian citizenship is regulated by the Citizenship Act according to section 2 of which Estonian citizenship is: 1) acquired by birth (ius sanguinis); 2) acquired by naturalisation; 3) resumed by a person who lost Estonian citizenship as a minor; 4) lost through release from or deprivation of Estonian citizenship or upon acceptance of the citizenship of another state. An alien who wishes to acquire Estonian citizenship must meet the requirements set forth in the Citizenship Act and comply with the requirements set forth in the Act the person must pass the examination on the knowledge of the Constitution of the Republic of Estonia and the Citizenship Act and Estonian language examination (to obtain citizen of the Republic of Estonia an applicant for the citizenship must pass the Estonian language examination at the level of at least B-1). 10

There were no significant new legislative changes in the field of citizenship and naturalisation in the year 2008. However, on 25 September 2008 a Government of the Republic regulation was passed renewing the procedure for carrying out the examination on the knowledge of the Constitution of the Republic of Estonia and the Citizenship Act. The new procedure entered into force on 1 March 2009. In 2008 the continuous priority for Estonia was decreasing the number of stateless persons. Although the number of stateless persons has decreased each year, there were still 110,284 stateless aliens as of 2 January 2009 (at the beginning of 2008 the number was 116,217 persons). In autumn 2008, campaigns were started to promote naturalisation of stateless persons, a lot of emphasis was placed on naturalisation of children under 15 years of age who are stateless. During the period 1992-2008 Estonian citizenship was granted by way of naturalisation to 149,351 persons. Regardless of this high number, the number of applicants for Estonian citizenship has decreased during the recent years, and the number of these stateless persons who wanted to acquire the citizenship of the Russian Federation or another country has increased. One of the main reasons for that is the possibility to travel visa-free to Russia as well as to the Schengen countries; another important reason is the poor level of Estonian language, which does not allow passing the Estonian language examination with positive result 9. Since 2008 the parents of the children who are stateless persons are informed upon registration of birth of the fact that they can apply for Estonian citizenship for their child under simplified procedure. As of December 31, 2008 the Citizenship and Migration Board had received 337 notices of the parents of the children who are stateless persons regarding interest in individual counselling on this topic. 10 During the period 2008-2009, a study Evaluation of Estonian Citizenship Policy was conducted by Turu-uuringute AS. The aim of the study was to give an overview of the attitudes of the stateless persons towards assuming Estonian citizenship and opinions 9 2008 Policy Report, http://www.sisekaitse.ee/erv/ 10 2008 Policy Report, http://www.sisekaitse.ee/erv/ 11

regarding Estonian citizenship policy. The results of the study revealed that approximately half of the stateless persons are interested in Estonian citizenship, 15% would like to have Russian citizenship and 6% would like to have citizenship of another country. One-tenth of the stateless persons do not want any citizenship at all. The stateless persons explain the wish to acquire Estonian citizenship mostly with the fact that having the citizenship of your home country is natural. Having the citizenship associated with the feeling of security, right to expect assistance from the state and better attitude. An important factor why many stateless persons do not apply for Estonian citizenship is the fact that the owners of the grey passport can travel to Russia without a visa. This factor is more important for persons under 35 who travel more than the elderly. As compared to the persons living in the capital, stateless persons living in Ida-Viru County visit Russia more frequently. The possibility to travel to Russia or other CIS countries without visa was considered important by 65% of the stateless persons, 21% considered visa-free travel not important. 11 Statistics In 2008 Estonian citizenship was applied for by 1,745 persons and the citizenship was granted to 2,124 persons while in 2007 Estonian citizenship was granted to 4,228 persons and in 2006 to 4,753 persons. Comparing the year 2008 with the years 2007 and 2006, the number of persons who have acquired Estonian citizenship has decreased each year; by half in 2008. In the reference year in total 947 (44.6%) of the persons who acquired citizenship were children under 15 years of age (which is 45% less as compared to the year 2007 because the number of children under 15 years of age who are stateless persons has significantly decreased over the years (76% since the year 2004)) 12. Citizenship was granted by way of naturalisation to 1,961 stateless persons, including 138 citizens of the Russian Federation, 16 of Ukraine, 3 citizens of Belorussia, 2 citizens of Moldova and one citizen of Kazakhstan, Lithuania, Pakistan and 1 Nigeria 92% of the persons granted citizenship were stateless persons before obtaining the citizenship and 6% were citizens of the Russian Federation. 11 Võõbus, V. Assay of Estonian citizenship policy. Turu-uuringute AS, February 2009, http://www.siseministeerium.ee/public/aruanne.pdf 12 Response of the PBGB to the EASS dated 12.07.2010 12

Table 4. The number of persons granted citizenship by way of naturalisation from 2002 to 2008 2002 2003 2004 2005 2006 2007 2008 Recognized non-citizens 3 942 3 664 6 355 6 635 4 367 3 934 1 961 Russian 134 37 152 412 355 267 138 Federation Ukraine 7 11 3 15 19 16 Belorussia 4 2 7 5 1 3 India 2 1 Kazakhstan 2 1 1 Latvia 1 3 1 3 2 Lithuania 2 1 3 2 1 1 Moldova 1 1 1 2 Bangladesh 1 Indonesia 2 Armenia 1 Kyrgyzstan 1 Cuba 1 Israel 1 1 Greece 1 Pakistan 1 1 Vietnam 1 Peru 1 Nigeria 1 1 Turkey 1 Bosnia Herzegovina and 1 France 1 Total 4 091 3 706 6 523 7 072 4 753 4 228 2 124 13

Source: Police and Border Guard Board Table 5. Persons granted citizenship by way of naturalisation in 2008 by previous citizenship Recognized non-citizens 1950 Russian Federation 149 Ukraine 16 Belorussia 3 Kazakhstan 1 Lithuania 1 Moldova 2 Pakistan 1 Nigeria 1 Total 2124 Source: Police and Border Guard Board With the order of the Government of the Republic citizenship was granted for special services to 3 persons 1 citizen of the Russian Federation, 1 citizen of Ukraine and 1 stateless person in 2008 13. In 2007 citizenship was granted for special services to 5 persons. 4. ASYLUM In 2008 there were no significant changes in legal acts related to asylum, significant amendments of the law are foreseen for the coming years when the new Aliens Act enters into force (1 October 2010). The new Act will bring the Granting Aliens International Protection Act into full compliance with the Council Directive 2003/86/EC on the right of family reunification. The number of asylum applicants has not drastically increased in relation to Estonia s accession with the EU and Schengen visa area in the end of 2007, but it has influenced the number of asylum applicants regulated by the Dublin Procedure. With respect to the application for asylum mainly two interrelated tendencies dominate people come to Estonia due to economic reasons either for illegal employment here or moving 13 Estonian Citizenship Act provides for granting citizenship for special services and it may be granted to not more than 10 persons per year. 14

on to other EU member states, and upon being apprehended they apply for asylum with the aim of postponing or avoiding being sent back to their country of origin. During the recent years a new tendency is prevailing an increasingly higher number of asylum applicants are from the Russian Federation or other countries of the CIS. 14 4.1. APPLICATIONS FOR ASYLUM During the years 1997-2008 the Republic of Estonia has received in total 148 asylum applications. For many asylum applicants the real country of destination of their migration has been another European country and the application for asylum is often submitted after the person has been apprehended at the border or in the country. The main countries of origin are Russia 23 applicants, Iraq 22 applicants and Turkey 17 applicants. Statistics In 2008 the number of asylum seekers remained on the same level as in 2007. In total 14 applications for asylum were submitted, 2 of them on border and 12 in the country. Among these 14 applications 4 were submitted by persons from Belorussia, 3 from Russian Federation, 3 from Georgia and 1 from Iraq, Nigeria, Senegal, Turkey and Ukraine. In 2008 10 of the applicants were male and 4 female. Among the 4 female were 2 minors in the age of up to 13 years. Other applicants were in the ages from 18 to 64. 15 Table 6. First applications for asylum, 2006-2008 Source: Police and Border Guard Board 14 Development plan 2009-2012 for the area of governance of the Ministry of the Interior, Annex 1. Analysis of the current situation of the area of activity of internal security. www.siseministeerium.ee 15 Policy Report 2008 http://www.sisekaitse.ee/erv/publikatsioonid/aruanded-2/2009/ 15

4.2. APPLICATIONS FOR ASYLUM During the years 1997-2008 asylum has been granted to 10 persons and 12 persons have received subsidiary protection. Statistics In 2008 asylum was granted to 4 person, in 8 cases protection was refused and in 2 cases the application was rejected or the procedure was ended (in case of 1 male citizen of Ukraine and 1 female citizen of Belorussia) and in 3 cases the status of subsidiary protection was extended. As compared to the year 2007, the number of the persons who received first asylum has remained same. In 2007, asylum was granted to 2 (1 citizen of Russia and 1 citizen of Belorussia) and subsidiary protection to two persons (from Sri Lanka). In 2007, international protection was refused in 7 cases citizens of the Russian Federation (3), Turkey (2), Nigeria (1) and Ukraine (1); one citizen of Belorussia and one citizen of Russia appealed their negative court ruling. In 2008 2 asylum applicants voluntarily returned to their home country (both citizens of Belorussia). In 2007, there was one voluntary returnee (Russian Federation). 16 Table 7. Decisions on asylum 2004-2008 2004 0 2005 1 2006 0 2007 4 2008 4 Source: Police and Border Guard Board As of 31.12.2008 there were in total 7 applications being processed by the PBGB or courts. Among them 4 from Belorussian citizens, 2 from citizens of the Russian Federation and 1 from a citizen of Turkey. Three of the applications were submitted by female and four by male citizens. 16 These persons returned to their home country within the framework of the voluntary assisted return programme TVT. 16

4.3. UNACCOMPANIED MINORS In 2008 there were no changes with respect to the legislation or statistics pertaining to unaccompanied minors. Among the minor changes one worth mentioning is the fact that in 2008 establishing additional measures for improving control of border crossing by minors was started. In the guidelines for identifying victims of trafficking in human beings, a separate section was developed for identifying victims of trafficking in human beings who are minors and in case of doubt additional interviews will be conducted with the minor at the border. 17 In 2008 the Police finished an action plan on the basis of which a systematic specialisation on issues related to children will start also among police investigators. On 18 March 2008 the updated version of the Order No 92 by the Director General of the Police Guidelines for Treatment of Children Who Have Committed Unlawful Acts and Need Assistance was approved. This version pays more attention in addition to minor offenders also children who need assistance and are in danger. A new chapter was added to the guidelines: Activities with Children Who Need Help or Are in Danger. 18 Statistics No unaccompanied minors applied for asylum in Estonia in 2008. 4.4. DUBLIN PROCEDURE The slight increase in the requests submitted within the framework of the Dublin Procedure in 2008 as compared to the year 2007 may be due to the fact that Estonia joined the Schengen visa area at the end of the year 2007. With respect to the Dublin Procedure, Estonia accepted 14 persons in 2008 (from Finland 6, Sweden 3, Germany 2, France, Lithuania and Austria 1), while in 2007 the number of accepted persons was 5. Most of the acceptance requests of the countries covered with the 17 Report on Performance of the Development Plan for Fight Against Trafficking in Human Beings, period 01.01.2008-31.12.2008 http://www.just.ee/orb.aw/class=file/action=preview/id=40789/ik_arengukava_t%e4itmise_aruanne_2008_koht a.pdf 18 Response No 6-2/2009-39 of the Police Board to the Estonian Migration Foundation 17

Dublin Procedure have been submitted on the basis of Article 9(2) of the Council Regulation 343/2003, i.e. the person has been issued a visa by Estonia but the person has actually gone to another EU country and applied for asylum there. 19 No Dublin Procedure case has been refused of. 5. PREVENTION OF ILLEGAL IMMIGRATION AND STAY In terms of immigration, Estonia is generally a transit country through which, as a rule, people try to reach the Nordic countries or the Mediterranean countries. Pressure of illegal immigration as transit migration and other cross-border crime to the Estonian external borders as well as the area of free movement in general has shown growth since the year 2008. The growth also continued in 2009 when the number of persons discovered in illegal immigration increased by 57%, 60% of the persons crossed the border in the area between the border inspection points and the rest were cases concerning misuse of the Schengen visa or illegal stay in the country. This, however, means that the keyword for the year 2008 in the field of illegal immigration is joining the Schengen visa area in 2007, because the attempts to cross the border by using falsified documents and illegal border crossing in the area between the border inspection points. In order to ensure prevention of illegal immigration and cross-border crime in the Estonian area of free movement after Estonia s joining the Schengen visa area, Internal Border Coordination and Cooperation Unit of the South-Eastern Border Guard Area (SKKT) started its operations with three mobile units and there is one mobile unit in the Pärnu guard station of the Western Border Guard Area. The main task of the mobile units is to carry out patrols and operations in the Estonian area of free movement. 20 To identify fugitives installation and user trainings of the Automated Fingerprint Identification System or AFIS were carried out in 2008. In order to successfully solve crimes a cooperation agreement was concluded with the police of Latvia and Lithuania and the 19 Assisted Return and Re-integration to Third Countries, EMN, Estonian Migration Network, Tallinn 2009, http://www.sisekaitse.ee/erv/publikatsioonid/uuringud-2/2009-2/ 20 Development plan 2009-2012 for the area of governance of the Ministry of the Interior, Annex 1. Analysis of the current situation of the area of activity of internal security. www.siseministeerium.ee 18

agreement with the police of Finland was renewed for comparing DNA data. Comparing DNA data has helped to solve various crimes in Estonia as well as partner countries. 21 Statistics In 2008 the number of persons who crossed the external border through the border inspection points was 5,971,678, in 2009 this number had already increased by 10.4% to 6,593,361 and the crossing of border by the means of transport also increased by 6.8% in 2009 (means of transportation in 2008 2,012,500 and in 2009 2,151,158). Increase in the number of border crossings by persons and means of transport is due to the fact that since June of the year 2008 Russia has simplified the border crossing for non-citizens of Estonia. The results of the simplified border crossing are especially noticeable in the border inspection points of the North-Eastern region. The number of border crossings has caused a situation at the border inspection post of Narva road where the pedestrians crossing the border are forced to wait outside to cross the border because the border inspection point s waiting room is not big enough. The capacity of the border inspection point is also limited with infrastructure in terms of checking passenger vehicles in incoming direction. In 2008 in total 5,209 different violations were discovered at the internal border during the course of joint patrols and the units moving on internal border processed 738 violations. These violations mainly concerned violation of the State Borders Act according to which an alien had no identity document when travelling in the Schengen member states. 22 In 2008 in total 41 cases of illegal immigration and 56 illegal immigrants were discovered, 16 of them were cases of illegal border crossings in areas between border inspection points. A characteristic feature of illegal immigration continues to be falsified documents, but now the trend involves Schengen visas or residence permits of a European Union member state instead of falsified travel documents. 23 In 2008 the border guard discovered 30 (29 on external border and 1 case in the country) cases of use of falsified documents and 27 persons were apprehended. The documents mainly concerned falsified Schengen visas or residence permits 21 Guidelines of the Estonian Security policy until 2015- actions in 2008 http://www.siseministeerium.ee/public/siseminister_tppsist_riigikogus.doc 22 Development plan 2009-2012 for the area of governance of the Ministry of the Interior, Annex 1. Analysis of the current situation of the area of activity of internal security. www.siseministeerium.ee 23 Guidelines of the Estonian Security policy until 2015- actions in 2008, http://www.siseministeerium.ee/public/siseminister_tppsist_riigikogus.doc 19

of an EU member state. In terms of using falsified documents, the situation by years has been stable, but if we compare the year 2008 with the years 2006 and 2007, the circle of people using falsified documents has changed. While during the previous years the falsified documents were mostly used by citizens of Moldova and Ukraine, then in 2008 the citizens of various African countries, citizens of China and various South American countries (Colombia, Peru) have become active and they attempted using Estonia as a transit country to Western Europe (Italy, Spain). The prohibition on entry was in posed to 2,326 persons in 2008. 5.1. REFOULEMENT FROM THE STATE BORDER As during the previous years, the number of persons forced to return arises mainly from the crew members of the ships staying at Estonian ports who wanted to leave the ship for a while without holding the right to enter the Estonian territory (no visa). Statistics In 2008 entry from the land border was denied in 426 cases; mostly to the citizens of the Russian Federation 352 cases and citizens of Ukraine 15 cases. Entry from the sea border was denied in 1,882 cases; mostly to the citizens of India in 1,042 cases, citizens of the Philippines in 523 cases and citizens of Myanmar in 49 cases 49. Entry at air border was denied in 18 cases; mostly to the citizens of the Russian Federation- 9 cases and citizens of Ukraine- 3 cases. This means that the number of persons sent back from the state border in 2008 was in total 2,326 persons. In 2007, the number of persons sent back from the border was 3,091. 24 Since 2005 to 2007 the number of persons sent back from the border has clearly increased each year. While in 2005 the number of persons sent back from the state border had decreased (17%) as compared to the year 2004, then in 2006 the number started to grow again (38%) and the next year (2007) it increased by almost 16%. 24 Response No 6-2/2009-56 of the Board of Border Guard to the Estonian Migration Foundation 20

The number of persons forced to return from the state border has decreased in 2008, by almost 25%. As in 2007 the persons sent back from the border include mostly citizens of India (1,042), the Philippines (523) and Russia (361). Table 8. The number of persons sent back from the state border, 2004-2008 Source: Police and Border Guard Board 5.2. APPREHENSION The number of persons apprehended during their illegal stay in the country continues to decrease. In 2005 many residence permits expired and due to that the number of precepts to legalise registered as well as registrations as an illegal (persons failed to extend their residence permits and they stayed in the country illegally and they were registered as illegal persons) during the following year was higher than usual. By the year 2008, most illegally staying persons had legalised their residence in Estonia. 25 Statistics In 2008 in total 1,052 persons were caught staying in the country illegally most of them, i.e. 627 were stateless persons, 311 were citizens of the Russian Federation and 46 citizens of 25 Response of the PBGB to the EASS dated 07.09.2010 21

Ukraine. The majority of the apprehended persons (706) were male and the minority (346) women, mostly over 35 years of age. The groups of apprehended persons have remained more or less the same as compared to the previous year. In 2007 the highest numbers were stateless persons (883), citizens of the Russian Federation (421) and Ukraine (66). In 2007, in total 1,464 aliens, i.e. citizens of third countries staying illegally in the country were apprehended in Estonia. 26 As compared to the year 2005 (2,703 apprehended persons) this number has continued to decreased by 23-30% each year. Table 9. Number of aliens apprehended in the country Source: Police and Border Guard Board 6. RESIDENCE PERMITS AND STAY IN THE COUNTRY OF THIRD COUNTRY NATIONALS During the recent years many important developments have taken place at the Police and Border Guard Board (in 2008 at the Citizenship and Migration Board). Since 22 May 2007 Estonia issues travel documents with digital biometric data. Although in the field of 26 Response of the PBGB to the EASS dated 07.09.2010 22

citizenship and migration the facial biometry of persons has been stored electronically and in high quality already since 2002. To bring identification to a new qualitative level and to systematically manage the identity of persons who have been identified by the state and hold an identity document a uniform identification procedure was introduced at the beginning of the year 2008, a part of which is comparison of biometric data of the facial image. This allows improved discovery of misuse of identity and people who use double identity. The equipment for checking the authenticity for discovering document falsifications of travel documents and identity documents of the citizens of the European Union or third countries was taken into use in November 2008. Statistics In the year 2008 there were in total 216,628 valid residence permits in Estonia. By citizenship the highest number of valid residence permits was held by stateless persons 110, 303, citizens of the Russian Federation 96,655, Ukraine 5,537, Belorussia 1,577 and the United States of America. In total 216,411 persons hold residence permits with the validity exceeding 12 months (among them the number residence permits issued for other reasons was 208,555, for family reunification 5,523, for education 300 and employment 2,033). The residence permit for 6-12 months was held by 152 persons, mostly for education (85); and the residence permit for 3-6 months was held in total by 65 persons, the highest number of valid residence permits being for education (46). Among the valid residence permits the highest number of residence permits issued for other reasons was held by the stateless persons (109,182) and citizens of the Russian Federation (93,021) and Ukraine (3,946). In 2008 there were in total 191,435 valid long-term residence permits, the top 5 by the number of the citizens of countries holding them was: stateless persons (98,359), citizens of the Russian Federation (87,347), citizens of Ukraine (3,758), citizens of Belorussia (1,300) and citizens of the United States of America (99). The Citizenship and Migration Board issued 3,884 temporary residence permits in the year 2008, which is nearly 150 less than in the year 2007 (4,065). Among the residence permits issued in 2008 the highest number was issued on the basis of family migration 1,402 (mostly to the citizens of the Russian Federation (663) and citizens of Ukraine (126)). For the purposes of education the residence permit was granted in 339 cases (mainly citizens of China (90), citizens of the Russian Federation (51), Turkey 51 and the USA 25). In most cases the 23

residence permit was issued for a term exceeding 12 months (in 198 cases, in 93 cases the residence permit was valid for 3-6 months and in 48 cases 6-12 months). Residence permits were issued for employment in 967 cases (mostly citizens of Ukraine (496) and the Russian Federation (187), citizens of the United States of America in 67 cases and citizens of China in 30 cases). In most cases the residence permit was granted with the term exceeding 12 months (in 910 cases), in 42 cases the residence permit was valid for 6-12 months and in 15 cases for 3-6 months). For other reasons the residence permit was granted in total in 1,176 cases mostly to the citizens of the Russian Federation (196) and stateless persons (895). As compared to the year 2007 the number of applications for temporary residence permits related to business increased the most (almost 4 times). The number of residence permits for business has increased due to the fact that meeting the requirements has become more accomplishable. The number of applications for temporary residence permits related to employment (14%) and education (32%) also increased significantly. As compared to the year 2007 the number of decisions made for granting residence permits for employment and education increased by almost a quarter. With regard to education migration one of the possible reasons for increase in the volume of applications could be the increased initiative of schools to actively look for students. The increase in the number of residence permit applications submitted for employment may be due to improved informing of employers (in June 2008 amendments of the Aliens Act entered into force, which were preceded by public discussions and which increased the interest of the employers), but also the need to bring additional labour force to Estonia. The number of stateless persons with valid residence permits has steadily decreased during the recent years (by 1/3 since the year 2003). As compared to the beginning of the year 2008, the number of stateless persons with valid residence permits decreased by 5,933 persons (5%). The number of the citizens of the Russian Federation with valid residence permit is on the rise (approximately a tenth since the year 2003), one of the reasons being the fact that many stateless persons have taken the citizenship of the Russian Federation. 24

Table 10. Initial residence permits, 2007-2008 Source: Police and Border Guard Board In 2008 the Citizenship and Migration Board took 4,010 applications for initial residence permits, which is 5.3% less than in the year 2007 when there were 4,235 applications. The top 5 of the categories of applicants was: stateless persons 1,308, Russian Federation 1,141, Ukraine 687, the United States 140 and China 138 applications. As compared to the year 2007, the number of applications for long-term residence permits has decreased by 74.5%. The number of applications for the long-term residence permits decreased significantly after the entry into force of the integration requirement (i.e. command of Estonian language on at least basic level) on 1 June 2007. 27 In 2007, there were in total 3,208 applicants for long-term residence permit, but in 2008 the number of applicants had decreased to 819. The top 5 of the categories of applicants for long-term residence permits: the Russian Federation 563, stateless persons 172, Ukraine 47, Armenia 8 and Belorussia 5 applications. 28 27 Response of the PBGB to the EASS dated 07.09.2010 28 Response of the PBGB to the EASS dated 07.09.2010 25

7. REMOVAL FROM THE COUNTRY The different groups of aliens in Estonia related to leaving are: 1) the persons who leave the country voluntarily and surrender their legal basis for stay, e.g. the residence permit in Estonia in order to settle in another country (country of origin, country of residence, country of citizenship or another country with the consent of the respective country). This group includes for example persons who could not integrate to the Estonian society; 2) the persons who have received a precept to leave Estonia and they leave the country within the period established in the precept to leave (persons have the right for voluntary leaving). This group includes persons who have stayed illegally in Estonia after the basis for their stay in the country (residence permit, visa) has expired; asylum applicants whose application has been rejected by the Citizenship and Migration Board or who have been refused of international protection; aliens who have permanently lived in Estonia since 1991 but have not legalised their stay; 3) the persons whose precept to leave is subject to compulsory execution and the time established for them with the precept has expired; 4) the persons for whom compulsory execution of the obligation to leave is imposed with the permission of the administrative court before the arrival of the term for compulsory execution of the precept to leave or without previous precept. This includes persons who are a risk for public order, security, public health and protection of public morality; 5) the persons for whom the compulsory execution of the obligation to leave is imposed without a precept and permission of the administrative court. This group includes persons who have arrived illegally in Estonia; aliens who have permanently lived in Estonia since 1990 but have not legalised their stay; who have stayed in Estonia illegally after the expiry of their legal basis for stay (visa); also persons who are subject to the removal decision made on the bases mentioned in Article 3 of the Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals, which has not been revoked or suspended by the country that made the decision. 29 29 Assisted Return and Re-integration to Third Countries, EMN, Estonian Migration Foundation, Tallinn 2009 http://www.sisekaitse.ee/erv/publikatsioonid/uuringud-2/2009-2/ 26

Statistics The number of persons removed from the country and the number of removals have remained stable since the year 2004. In 2008 the obligation to leave was imposed on the basis of the Obligation to Leave and Prohibition on Entry Act on 184 persons (their top 5 was: 75 from the Russian Federation, 28 from Ukraine, 15 from Belorussia, 13 stateless persons and 9 from Georgia). There were in total 94 persons who actually left the country (the top 5 of the countries was: Russian Federation (43), Belorussia (9), Ukraine (6), Kazakhstan (5) and Azerbaijan and Colombia (4)). Generally, this indicator has remained stable as compared to the previous years in 2006 the number was 91, in 2007 89 and in 2008 there were 94 removed persons. And the main countries of the removed persons have remained the same, the highest number of removed persons in 2007 were from the Russian Federation (36 persons), Ukraine (11 persons) and stateless persons (9). There is no general explanation for the change in the number of removals. This number depends on the fact the citizens of which country are subject to removal and if the respective countries to which the removed person is sent, wish to cooperate in the removal. 30 Table 11. The number of persons removed from the country 2006-2008 Source: Police and Border Guard Board 30 Migration and asylum statistics 2007, EMN, Estonian Migration Network, Tallinn 2009 http://www.sisekaitse.ee/erv/ 27

8. VISA Accession of Estonia the Schengen visa area has influenced the number of visa applications at Estonian foreign representations: decrease in the number of visa applications can be observed as compared to the previous years. The decreasing number of visa applications is influenced by many factors during the membership of the Schengen area. An important factor has been the fact that visas issued by other Schengen countries can now be used for travelling also to Estonia. Furthermore, many foreign representations of Estonia in different European countries no longer issue visas due to the fact that the Schengen visa can generally be applied for outside the Schengen visa area. Statistics In 2006 the number of accepted visa applications was 129,255 and in 2007 the number was 113,153, but in 2008 the number of visa applications was already 101,469. Approximately 80,000 of them were submitted in Russia, at the consulate general in St. Petersburg (38,895) and at the embassy in Moscow (32,502) as well as at the Pskov office of the consulate general in St. Petersburg (8,497). With respect to the number of visa applications, also Estonian foreign representations in Kiev (8,607) and Tbilisi (1,937) are worth mentioning in terms of the results of the year 2008. 31 In total 301 cases of violation of the visa regime were registered, which is 10.7% more than in 2007 (272). Most of the persons violating the visa regime were citizens of the Russian Federation - 247 and citizens of Ukraine - 27. An average exceeded stay in the country was 11 days. 32 31 Consular Service Manual 2008, Ministry of Foreign Affairs http://webstatic.vm.ee/static/failid/134/konsulaarteenistus2008.pdf 32 2008 Policy Report http://www.sisekaitse.ee/erv/ 28

USED LITERATURE Reports and studies: 2008 Migration and Asylum Policy Report, Estonian Migration Foundation, Tallinn 2009, www.sisekaitse.ee/erv 2007 Migration and Asylum Statistics Report, Estonian Migration Foundation, Tallinn 2009, www.sisekaitse.ee/erv Assisted Return in and Re-integration to Third Countries European Union Programmes and Strategies, Estonian Migration Foundation, EMN, Tallinn 2009 www.sisekaitse.ee/erv Võõbus, V. Assay of Estonian citizenship policy. Turu-uuringute AS, February 2009, http://www.siseministeerium.ee/public/aruanne.pdf Legal Acts: Aliens Act www.riigiteataja.ee Obligation to Leave and Prohibition on Entry Act www.riigiteataja.ee Granting Aliens International Protection Act www.riigiteataja.ee Citizenship Act www.riigiteataja.ee Regulation No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers Publications: Immigrant Population in Estonia, Tallinn 2009, Statistics Estonia Estonia. Numbers and Facts, Tallinn 2009, Statistics Estonia Home pages: Ministry of the Interior www.siseministeerium.ee Police and Border Guard Board www.politsei.ee Riigikogu www.riigikogu.ee Statistics Estonia www.stat.ee Ministry of Justice www.just.ee Ministry of Foreign Affairs www.vm.ee 29

Estonian Academy of Security Sciences www.sisekaitse.ee Other: Response No 6-2/2009-39 of the Police Board to the Estonian Migration Foundation Response No 6-2/2009-56 of the Board of Border Guard to the Estonian Migration Foundation Response of the PBGB dated 07.09.2010 Response of the PBGB dated 12.07.2010 30

ANNEX Overall Migration 2002 2003 2004 2005 2006 2007 2008 Overall Immigration 575 967 1 097 1 436 2 234 3 741 3 671 Overall Emigration 2 038 3 073 2 927 4 610 5 527 4 384 4 406 Immigration by country of citizenship, age group and sex Age Sex Country Total 0-19 20-34 35-64 65+ Unknown Females Males TOTAL 3 671 603 1 621 1 259 188 0 2 181 1 490 Nationals 1 742 441 622 621 58 0 1 023 719 Non nationals but citizens of other EU-27 countries 991 66 580 319 26 0 640 351 Citizens of countries outside the EU-27 938 96 419 319 104 0 518 420 - European Free Trade Association (CH, IS, LI, NO) 14 0 8 4 2 0 8 6 - Candidate countries (HR, MK, TR) from 2007 11 0 11 0 0 0 10 1 Citizenship other than of EU-27, EFTA and Candidate countries 913 96 400 315 102 0 500 413 - Highly developed non-eu countries 549 73 206 183 87 0 251 298 - Medium developed countries 335 23 181 119 12 0 229 106 - Less developed countries 29 0 13 13 3 0 20 9 Other 0 0 0 0 0 0 0 0 Unknown 0 0 0 0 0 0 0 0 Top 10 Citizenship from third countries 540 76 203 178 83 0 249 291 1. India 16 2 6 7 1 0 12 4 2. United States 31 5 12 14 0 0 24 7 3. Brazil 5 1 3 1 0 0 4 1 4. Australia 4 0 0 4 0 0 3 1 5. Philippines 0 0 0 0 0 0 0 0 6. China (including Hong Kong) 43 9 28 6 0 0 28 15 7. Nigeria 1 0 1 0 0 0 0 1 8. Russian Federation 435 59 150 144 82 0 174 261 9. South Africa 5 0 3 2 0 0 4 1 10. New Zealand 0 0 0 0 0 0 0 0 31