(E m b l e m)
Minister of Foreign Affairs
Republic of Estonia
OSCE Ref. Com no. 1
December 23, 1994
Dear Mr. van der Stoel,
Referring to your letter No. 3053/94/L dated December 8, 1994, allow me to provide you with some details on the new draft of the Law on Citizenship.
In the Law on Citizenship adopted in 2938, which is currently in force in Estonia, paragraph 2, Article 6 states that an alien who wishes to receive Estonian citizenship through naturalization must live permanently in Estonia for at least two years before he/she has the right to apply for Estonian citizenship. According to a Decision of the Supreme Council of the Republic of Estonia of February 26, 1992, the time period for
permanent residence in Estonia is calculated from March 30, 1990.
My opinion is that the new Law on Citizenship will not limit the rights provided by earlier legislation.
The new draft law stipulates that aliens who wish to obtain Estonian citizenship must live in Estonia on the basis of a permanent residence permit for no less than five years before and one year after the date the application is made. This requirement must be interpreted together with the Article 29 of the draft which reads as follows:
"Article 29. Special Conditions and Calculation of Time for the Acceptance of Documents
(l) Until the year 2005, documents to receive Estonian citizenship shall also be accepted from aliens who up until the data the application is submitted have permanently been in Estonia for no less than five years and who at the time documents are submitted are in Estonia under conditions established by the Law on Aliens.
(2) Five years permanently in Estonia as established in paragraph 1 of this Article shall be calculated as of March 30, 1990."
In this context, aliens living in Estonia on the basis of permanent registration in the former Estonian SSR or a temporary residence permit have the right to apply for Estonian citizenship before they have received a permanent residence permit.
As far as Language requirements are concerned, I would like to inform you that the current requirement have been included in the draft law without amendment. The draft will be placed before parliament for a third reading at some time in the end of January, 1995.
Yours sincerely,
(s i g n a t u r e)
