Estonia brings a well-demanded change in its Alien Act. The amendment grants rejected people the right to appeal in administrative courts. Estonia enjoys continuingly one of the lowest rejection rates among all other Schengen countries. In the light of this, the new law change is praiseworthy. The change will bring more justice to the system, and the candidates will be having more confidence before applying for the visa that in case of any compromised decision, they will reserve the right to get their visa denial appealed correctly.
The Estonian government decided to allow people whose Schengen visas have been denied by Estonian embassies and consulates abroad to appeal in Estonian courts. This new change will indeed be a sigh of relief for those who think their visa applications are not assessed based on justice but the quota system.
Estonia will accept 1,315 new immigrants from around the world in 2021. Estonia’s Minister of the Interior Alar Laneman also confirmed it after he was appointed newly for his seat. Entrepreneurs of Estonia are increasingly talking about the need for foreign labor precisely because, despite rising unemployment, they continue to have a shortage of skilled labor, and in order for their economy and wages to grow, they need people to do jobs that locals do not know.
The candidates whose visas are denied must make sure before appealing in Estonian administrative courts to follow the first two steps appeal system.
According to the court’s decision, member states must allow applicants who have obtained a negative visa decision to be challenged in court. Commenting on the approval of the amendments to the Aliens Act, Ruth Annus, head of the Department of Citizenship and Immigration Policy, said the main purpose of the amendment was to bring Estonian legislation in line with EU law. According to him, “the amendment to this law relates to foreigners who appeal against the following decisions.
- Visa refusal
- Refusal to extend the stay
- Premature termination
Under current rules, a visa applicant can only challenge negative decisions twice through the Police and Border Guard Board or a foreign mission, and a second time through the Estonian Ministry of Interior or Ministry of Foreign Affairs. On the other hand, the EU law obliges member states to allow judicial review decisions on Schengen visas.
Estonia intends to lengthen the equal opportunity to bring to court decisions regarding Estonian long-stay visas and visa-free stays. “In the future, it will be possible to file an appeal in the administrative court after a two-stage appeal procedure is done. However, it is important to note that this change does not give the foreigner the right to obtain a visa. Filing an appeal or arranging a court hearing to review the appeal does not enable the foreigner to automatically come or stay in Estonia. The final decision will be of court and the appeal can also be turned down when nor rightfully points are found.
The authorities do not expect a significant increase in the workload of the courts due to the new amendments to the Aliens Act. Despite these amendments, Estonia has the lowest Schengen visa rejection rate in the Schengen area, with only 1.4%, with a total of 145,711 visa applications entering its embassies and consulates in 2019. Schengen visa statistics show that only Iceland and Lithuania had lower rejection rates than Estonia
| Country name | Rejection percentage lower than Estonia |
| Iceland | 1.2% |
| Lithuania | 1.3% |
| Estonia | 1.4% |
Important immigration and visa programs in Estonia