A study on the implementation of humanitarian visa systems in the Member States of the European Union and the Schengen area was carried out as part of the project “Protection through Mobility: An Emergency Response to Hostility”.

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A study on the implementation of humanitarian visa systems in the Member States of the European Union and the Schengen area has been carried out within the framework of the project “Protection through Mobility: An Emergency Response to Hostility” commissioned by the Estonian Network of HIV-positive People. The results of the survey were presented on October 20, 2021 and the survey was conducted by Liina Laanpere and Lehte Roots. ”

This study explored the legal framework and developments regarding humanitarian visas in the European Union, outlined and analysed practices of individual states, and developed recommendations for legislative amendments needed to implement a humanitarian visa system in Estonia.

After evaluating humanitarian visa schemes of different EU/Schengen states, Switzerland was identified as the best practice to follow. The Swiss system has most of the features recommended by the European Parliament in the 2018 Report with recommendations to the Commission on Humanitarian Visas147, and it is accessible for all asylum-seekers, including LGBTI+ asylum-seekers or HIV-positive asylum-seekers.

Based on the research, it is recommended to supplement the Aliens Act with a new provision (§ 626), which would provide that long-stay or short-stay visas can be granted on humanitarian grounds, or more specifically, to applicants in whose case there are grounds to believe that they would qualify as a refugee or a beneficiary of subsidiary protection within the meaning of the Act on Granting International Protection to
Aliens. The provision could also include a possibility to make exceptions from the general visa requirements listed in the Aliens Act § 62, such as the requirement to have a health insurance policy and sufficient financial resources to return to the country of origin.
In addition, the specific requirements and procedures concerning humanitarian visas could be outlined in a separate regulation, added to § 101 (1) of the Aliens Act. Eligibility criteria for the humanitarian visas should derive from the Act on Granting International Protection to Aliens, assessed by staff trained in asylum law, which in the Estonian case is currently the Police and Border Guard Board. For the practice to be harmonised and efficient, clear guidelines should be developed for diplomatic representations, and detailed information about the eligibility criteria and procedures should be made available to potential applicants on embassy websites.