Can I receive a residence permit if I set up a company in Estonia?
It depends. In case of new companies, we have generally applied the following structure:
- Starting the business activities,
- Submission of a long-stay visa, which provides you an option to stay in Estonia (and Schengen area) for a year,
- After the business is already running (in case the management board members have been with the company for at least 5 months), it is reasonable to submit a residence permit application.
Residence permit for employment (hereinafter the "TRPE")
Before submitting the application for an Estonian temporary residence permit for employment (TRPE), it must be confirmed whether the employee is subject to the salary criterion. An employer shall pay an alien a salary that is at least equal to the latest annual average wages in Estonia published by Statistics Estonia.
The employer may be obliged to apply for a permit from the Estonian Unemployment Insurance Fund. This requirement is not applicable to employees who can be regarded as experts, advisors or consultants who have required professional competence.
However, in their case the minimum salary criterion is EUR 1,321 per month as a gross amount.
If a person applies for a TRPE as a member of the management board, the authorities do not require proof whether that person has sufficient qualification and experience for this duty.
However, they evaluate very specifically whether the company has been engaged to actual business activities during last 5 months. The previous qualification and experience of an applicant are important in case of advisors, experts and consultants - in such case the authorities wish to receive documents certifying the professional qualification of the applicant.
The success of obtaining an Estonian residence permit depends on the data and the provided information of the client.
We are able to put forth our best effort and previous experience in order to achieve your aims and prove that the vacant position cannot be filled by employing an Estonian citizen and that the individual actually needs to stay in Estonia related to his/her new duties, but the final decision is made by the Estonian Police and Border Guard Board and it is dependent on circumstances which we cannot influence.
Residence permit for business (hereinafter the "TRPB")
The TRPB can be issued for up to 5 years and it can be extended. TRPB provides you an option to accompany your family members (spouse and children).
An alien (non-EU citizen) may apply for a TRPB if he has a holding in an Estonian company in whose capital, he/she has invested at least EUR 65,000 (EUR 16,000 in case of a sole proprietor structure). The equity capital of a company, subordinated liability and registered fixed assets value may be considered as investment.
Among other things, a business plan and documents showing that the applicant has a legal income must be enclosed with the application. The Police and Border Guard Board must make a decision on the issue of a TRPB within 2 months.