Court rules Ukrainian man without military service card can stay in Estonia
The latest episode of the ETV program "Impulss" discusses how the Estonian state treats Ukrainians and whether there should be limits to hospitality. The featured story portrays a case where the Estonian Police and Border Guard Board (PPA) declined to review a Ukrainian man's residence permit application due to the lack of a military service card. However, after taking the matter to court, the man was ultimately granted permission to remain in Estonia.
Twenty-six-year-old Dima, who grew up in central Ukraine, is learning Estonian. He is currently pursuing a master's degree in human rights at Tallinn University and works as a top specialist at a technology company. Dima moved to Estonia in 2019 with his wife, Karina.
While Dima dreams of becoming an Estonian citizen one day, this spring, the question arose of whether he could even stay in Estonia. In April, when he and his wife applied to renew their residence permits, an unexpected issue surfaced. Everything went smoothly for Karina, but Dima was asked to provide a military service card – a document showing whether he had any involvement with the Ukrainian armed forces, such as serving in the military or being exempt from military duty.
"The purpose of processing residence permits is, in fact, to ensure that the people coming to Estonia do so with good intentions. One part of this process is the PPA's responsibility to carry out all necessary procedures to confirm a person's good intentions and that they do not pose any threat to Estonian residents. A military service card has always been requested, the only question is the extent of this requirement," explained Indrek Aru, head of the border guard bureau at the North Prefecture, regarding the demand made to Dima.
According to Dima, he had no way of providing proof of exemption from service because after finishing high school, he went to university in Lithuania. At that time, studying abroad automatically exempted him from military service in Ukraine. Additionally, he has not returned to Ukraine since the full-scale war began.
Indrek Aru said that the absence of a military service card was a concern for the official handling Dima's case, and as a result, the PPA decided not to process Dima's residence permit application.
For Dima, this action seemed unfair. Given his work in the legal field and his studies in human rights, he sought help from the Estonian Human Rights Center to resolve the issue.
"The police decision had no legal basis. Failing to review the application simply because one document was missing – especially a document that isn't necessarily required – is not lawful. It's not in line with the principles of the rule of law. That's why we decided to defend Dima," said Uljana Ponomarjova, a lawyer from the Human Rights Center.
According to the law, the state can refuse a residence permit if the applicant is connected to a foreign country's military or if there is reason to believe the applicant is subject to military service in a foreign army. But with everything revolving around a single document, couldn't Dima just request the certificate from Ukraine?
Dima explained that he would have to go to Ukraine in person to obtain it, as it cannot be issued online. Traveling to Ukraine would be a one-way ticket because leaving the country is nearly impossible at the moment, unless one resorts to illegal means.
Indrek Aru from the North Prefecture acknowledged that the PPA understands the complexity of the situation. However, he also noted that many applicants do manage to obtain either a military service card or a certificate confirming their exemption from mobilization.
"People who moved away from Ukraine and no longer live there permanently, like Dima who lives in Estonia, are officially deregistered from Ukraine. If someone has been deregistered, they are exempt from military service and don't have to return to Ukraine. Dima also has a stamp in his passport showing that he has been deregistered from Ukrainian territory and no longer resides there," explained lawyer Uljana Ponomarjova.
Months passed, and the court sent Dima's documents back to the PPA, emphasizing that they could not simply refuse to process Dima's residence permit application. Finally, in mid-September – nearly six months after Dima's initial application – good news arrived.
Indrek Aru stated that after Dima filed a court complaint, the PPA reviewed its procedures and found that its initial decision had not been correct. "We reopened the case and granted him a residence permit."
After months of stress and uncertainty, Dima was successful and is once again a fully recognized resident of Estonia. However, he remains concerned about other Ukrainians living in Estonia, who may not have the financial resources to go to court or seek legal counsel. Without these options, they might be forced to leave Estonia.
Indrek Aru does not see Dima's case having a direct impact on the PPA's handling of future cases. "The presence or absence of a military service card does not directly determine whether someone will receive a residence permit. We always look at the overall circumstances surrounding the individual."
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Editor: Mirjam Mäekivi, Marcus Turovski