What can happen if you enter Estonia without valid authorisation?
Criminal punishment
Crossing the border irregularly can result in criminal punishment. According to the Penal Code, illegal crossing of the state border of Estonia is punishable by up to one year of imprisonment if it was committed either:
- in disregard of a stop signal or order given by a police officer
- by a group
- by means of transport in a location not intended for crossing
Exception in case of refugees
The Convention Relating to the Status of Refugees obliges states to make an exception in cases of refugees who are escaping from persecution. It forbids states from imposing penalties for illegal entry on refugees who enter the territory without authorisation, coming directly from a territory where their life or freedom was threatened. In this case, the authorities cannot expel you before processing your asylum application. Read more about asylum.
Precept to leave
If you have no legal ground to stay in Estonia otherwise, the Police and Border Guard Board will issue you with a precept to leave. You may be given a voluntary deadline for leaving or be issued an immediately enforceable precept to leave. The precept usually also includes an entry ban for a certain period of time. The expulsion procedure and your rights during the procedure are outlined in the Obligation to Leave and Prohibition on Entry Act. You have the right to challenge both the precept to leave and the entry ban through the Administrative Court. Read more about how to challenge unfair expulsion.
Detention
In some cases, the authorities may place you in a detention centre in order to enforce your expulsion. Read more about the grounds and conditions of detention.