Chancellor: Requiring residence permit applicants to submit bank statements unlawful

Estonia's Chancellor of Justice, Ülle Madise, has sent a letter to Police and Border Guard Board (PPA) Director General Egert Belitšev, stating that the PPA's requirement for residence permit applicants to submit complete bank account statements—in some cases covering more than two years—is unlawful. The agency has requested information from applicants' personal, business and investment accounts and has refused to process applications when individuals declined to provide the requested information.

Madise emphasized that this practice violates the Constitution, which protects private life, as bank records can reveal personal information. PPA officials justified the requests by saying they need to verify whether an applicant has sufficient lawful income, whether they have actually lived in Estonia, and to examine personal relationships.

Madise wrote that officials may ask applicants to provide statements showing specific transactions relevant to the case. To decide an application, authorities can also rely on other evidence, such as data from the Estonian Tax and Customs Board or an employer's certificate confirming income. They can also request other evidence of residence or family relationships, thus avoiding the disclosure of sensitive information not necessary for the decision.

In its response, the PPA said that bank statements are typically requested to determine whether an applicant has actually lived in Estonia and what connections they have. The PPA stated it verifies income earned in Estonia via tax data and does not request bank statements for that purpose. If there is suspicion that a person permanently lives elsewhere, examining daily purchases and banking transactions is one way to establish residence.

Under the Aliens Act, applicants must provide additional information upon request, and failure to do so may lead to the rejection of the application. However, the PPA is not entitled to demand any information arbitrarily. Liis Valk, head of the PPA's Identity and Status Bureau, said the agency will carefully review the Chancellor's recommendation, which it received on Wednesday. She noted that the PPA assesses each application individually and requests additional information only when submitted documents are insufficient.