- April 19, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
Hello, I am a citizen of Estonia and my wife is a citizen of Russia. We are currently in the process of obtaining an Estonian residence permit for her. Once she receives the decision on her permit, she intends to cross the Estonian-Russian border without a visa or physical residence permit card, which can take an additional month to be issued. The Estonian border guards would verify her residence status by checking databases.
Meanwhile, I am planning to go to Finland for semester studies under the Erasmus+ program. I am wondering if my wife would be able to join me in Finland without having received her residence permit card yet. She would already be a resident of Estonia, we would have our marriage certificate, and she would possess a valid Russian passport. Would her stay in Finland be legal under these circumstances?
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Answering based on limited knowledge and I’m not googling this so take this just as like an opinion, you know.
What visa would she use to cross the border? If it is a Shengen visa then she will not be able to change that to a different visa while inside shengen territory afaik. At least from other countries my understanding is that you get a temporary permit (the one you get while you process the visa application) on entry.
If she is there on a shengen visa she might be able to travel but the 90 days limit applies and she may endanger
I would not ask the police about this I doubt they know. Contact an immigration lawyer any time you want to do anything off-script as far as the process goes.
In your case it sounds like she is asking for an estonian provionary residency on basis of family reunion? This is a process that often has to be started outside of the country of application. You will have to prove that you can provide for her. You not being in the country where you are supposed to provide for her may pose a risk for her application.
Absolutely contact an immigration lawyer and give them a clear timeline of what you are planning to do. I suspect they will tell you now to do what you’re planning. Listen to them.
“I dont want to wait’ is a very poor reason to get deported.
I’m not sure you can simply more from one country to another while your partner is supposed to be settling into estonia. I suspect at the very least she will have to register at an address in estonia and file for a temporary residency permit. (the provisionary one will be stapled into the passport which I think will let you continue the process)
It sounds like you are being incredibly naive about the bureaucracy around residency and immigration. In many places it is not a forgiving system and the end result can be an order to leave the country or be deported. Make sure you inform yourself of your and her responsibilities /requirements as far as living arrangements go.
[from what I read here](https://visaguide.world/moving-to/estonia/)
> Non-EU/EEA/Swiss nationals to move to Estonia must apply for an Estonia long-stay visa. Then with a long-stay (D) visa, they can apply for a temporary residence permit, which allows them to stay longer.
You need to apply for a long stay visa. Have you arranged this yet?
[Here are some of the requirements](https://www.politsei.ee/en/instructions/residence-permit-for-a-spouse-for-settling-with-a-family-member/application)
It is my experience that a marriage certificate has to be legally registered (and apostilled/however it is called, officially certified and translated) before this process starts.
[This document, the invitation by spouse document](https://www.politsei.ee/files/dokumendid/ankeedid/2023/abikaasa-kutse-eng-27.12.2023.pdf?7bf12d1427) has the following line:
> I confirm that I am permanently residing in the Republic of Estonia and the applicant shall reside/is residing in Estonia.
I would discuss that line with your lawyer in relation to you planning not to actually live in estonia for most of the time of the visa.
I’m pretty certain the answer is no. Judging from the huge issues Brits had traveling inside the EU after Brexit, but still waiting for the residency proof from their country of residence.
Without the Estonian card she runs a big risk of simply be considered an illegal alien.