migration & asylum
human rights guide
You have the right to leave your country of origin. However, whether you are allowed to enter another country depends on various circumstances, such as your reasons for leaving your home country or the country you are from.
Migration encompasses all kinds of movement of people, it may be voluntary or forced. The reasons why people leave their home are usually called push and pull factors – some people are pushed to leave their countries because of conflict, natural disasters or persecution. Others are pulled to countries for reasons such as better economic prospects, education or climate.
There is no universally accepted definition for "migrant". The International Organisation for Migration (IOM) uses "migrant" as an umbrella term for a person who moves away from his or her place of usual residence, whether within a country or across an international border, temporarily or permanently, and for a variety of reasons. The term includes a number of categories of people, such as migrant workers, international students, asylum-seekers, and more.
Migration, asylum & Human rights
It is important to make a distinction between different categories of migrants, as they are entitled to different rights and protections. International human rights instruments provide that all persons, including migrants, are entitled to fundamental human rights, such as right to life, freedom from torture, right to liberty and security, among others. However, refugees are entitled to wider rights than other types of migrants, since they are not protected by their own country of origin.
This Guide will explain the difference between general migration and seeking asylum. It explains in which cases you have the right to enter another country, what are the consequences of entering without a legal ground, and what are your rights as an asylum-seeker or a refugee.
Learn about rights connected to entering or staying in another country
Learn about grounds and procedure for seeking international protection
Act on Granting International Protection to Aliens
In force as of 1 July 2006
Read law
Obligation to Leave and Prohibition on Entry Act
In force as of 1 April 1999
In force for Estonia as of 16 April 1996
Articles 2, 3, 5
Charter of Fundamental Rights of the European Union
In force as of 1 December 2009
In force for Estonia as of 21 January 1992
1951 Convention Relating to the Status of Refugees
In force for Estonia as of 9 July 1997
Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless pers.
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013
Directive 2013/33/EU laying down standards for the reception of applicants for international protection
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013
Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection
Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011
Directive 2013/32/EU on common procedures for granting and withdrawing international protection
Council Directive 2003/86/EC on the right to family reunification
Council Directive 2003/86/EC of 22 September 2003
last updated 17.08.2021.
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