Personal experience with RP and Appealing a decision

[Rip]

haha, two kids in one year is pretty impossible! unless, it is twins lol

Well, there is also the long term future that will happen because, despite or irrespective of your plans.

Naturally I know nothing about you that you haven't told yourself, but in general for people in a similar situation, that wouldn't be that far fetched scenario 5-10 years into the future.

[reindeer]

Hi,

Does anyone know why it usually takes so long to process an appeal? From what people are discussing in this forum, I suppose it can take up to 1 year. That's really nonsense and frustrating. Is there any way to make it faster?

[Flossy1978]

Well, Finland owes you nothing. So the nonsense and frustration is a moot point. Why should the process be sped up for you?

It can take as long as the process takes and all you have to do is wait. The same with everyone else who has been through the process.

[Upphew]

Does anyone know why it usually takes so long to process an appeal? From what people are discussing in this forum, I suppose it can take up to 1 year. That's really nonsense and frustrating. Is there any way to make it faster?

24000 appeals, 440 persons dealing with them.

[reindeer]

Well, Finland owes you nothing. So the nonsense and frustration is a moot point. Why should the process be sped up for you?

It can take as long as the process takes and all you have to do is wait. The same with everyone else who has been through the process.

Yes, the country does owe me nothing but when you fall into the situation, you'll know how you feel. The consequence with long waiting can be anything since you're like being jailed and can't travel anywhere outside of the country. Not only you're suffered personally but the company will suffer as well since the employee can't travel to the customer's side for a project, for example. I know that there are lots of cases in the queue but never think that it takes one year for even simple ones.

[Pursuivant]

The consequence with long waiting can be anything since you're like being jailed and can't travel anywhere outside of the country.

Yes you can, actually that is what they expected you to do after the first decision.

Not only you're suffered personally but the company will suffer as well since the employee can't travel to the customer's side for a project, for example.

Are we talking of an employment-based RP?

[Flossy1978]

Don't presume to think I don't know what it's like. I do. I was there. Slightly different circumstances, but the same things I had to go through. No, I didn't come on a tourist visa and then apply for a RP. Nothing at all like that.

I couldn't work, I didn't have KELA coverage, I couldn't get any support and I didn't even have my passport. I had to sit at home for 6 months This was about 12 years ago. And I am there are alot more people applying and appealing these days compared to back then, so the wait is probably even longer.

The Finnish government doesn't care about your situation about working etc. Unfortunately that is how is it. You'll have to work out something else with your employer. I am sorry you have difficulties, but that is how it is.

[reindeer]

The consequence with long waiting can be anything since you're like being jailed and can't travel anywhere outside of the country.

Yes you can, actually that is what they expected you to do after the first decision.

Not only you're suffered personally but the company will suffer as well since the employee can't travel to the customer's side for a project, for example.

Are we talking of an employment-based RP?

Yes, I'm in the situation with my employment-based RP. The company didn't pay my taxes fully at the time I applied for my residence permit extension. As a consequence, the police gave negative decision to my RP. I can't express how disappointed I was when I got the call from the police but it was more disappointing when I knew that I would have to wait for approx 1 year to get some answers (don't even know if it's positive or negative) from the court. I just couldn't travel anywhere abroad because my RP was already expired.

[Pursuivant]

The company didn't pay my taxes fully at the time I applied for my residence permit extension.

And somehow this is the Finnish government's fault - and the "company suffers"... thats sounds like they made their bed and now they need to lie in it. Not your fault of course, but you blame the person(s) responsible - the ones not paying the taxes. Break the rules - face the consequences - company suffers my ass.

[reindeer]

The company didn't pay my taxes fully at the time I applied for my residence permit extension.

And somehow this is the Finnish government's fault - and the "company suffers"... thats sounds like they made their bed and now they need to lie in it. Not your fault of course, but you blame the person(s) responsible - the ones not paying the taxes. Break the rules - face the consequences - company suffers my ass.

Do you know if I can sue the company for not paying my taxes?

[Pursuivant]

Yeah, sure you can, but what do you think of getting out of it? Basically, if the employer isn't "fulfilling their obligations" they won't get permission to hire foreigners. Its complying with EU directives to weed out grey economy and exploitation. Now from your point of view of course its not "fair" even if you were paid properly - question being if you were out of the country for over 186 days and is it a matter of interpretation or were they just being sloppy or having trouble coughing up the money as businesses do struggle. Likewise say if you were paid under the union contract minimum, your permit wouldn't be renewed.
In principle, you should get every payday a slip that shows your ins, outs, taxes & cetera. That showing you the taxes are withdrawn. Now if these have been withdrawn but then theres another set of pension/insurance/tax monies that the employer has to cough up to various instances as well, so the tax man can be short of obligatory social insurance fees, which shows up in the records the MIGRI pulls up. Its a complicated equation, but the outcome - unfortunately - is the "little guy" gets screwed in the deal.

[reindeer]

Yeah, sure you can, but what do you think of getting out of it? Basically, if the employer isn't "fulfilling their obligations" they won't get permission to hire foreigners. Its complying with EU directives to weed out grey economy and exploitation. Now from your point of view of course its not "fair" even if you were paid properly - question being if you were out of the country for over 186 days and is it a matter of interpretation or were they just being sloppy or having trouble coughing up the money as businesses do struggle. Likewise say if you were paid under the union contract minimum, your permit wouldn't be renewed.
In principle, you should get every payday a slip that shows your ins, outs, taxes & cetera. That showing you the taxes are withdrawn. Now if these have been withdrawn but then theres another set of pension/insurance/tax monies that the employer has to cough up to various instances as well, so the tax man can be short of obligatory social insurance fees, which shows up in the records the MIGRI pulls up. Its a complicated equation, but the outcome - unfortunately - is the "little guy" gets screwed in the deal.

Well, maybe that doesn't give me any help but I think it's totally unfair as they rejected my RP not because of my fault. Btw, lets say after one year I get the negative decision again from the court and at that time I get a new job offer, can I apply for the new RP while my current one has been already expired?

[rinso]

I think it's totally unfair

Life isn't fair, especially not in a bureaucratic country like Finland.

can I apply for the new RP while my current one has been already expired?

You can always apply, but if you already got a rejection and a reject appeal under your belt, you will fight an uphill battle. Your application will be put on the "very difficult cases" pile. Which means a looooong wait again and every detail will be scrutinized.
And when your appeal is rejected you may have to leave the country and you may get restrictions to enter.

Forget about fairness and "rights" and think of a plan B.

[pavinjoi]

Please give me the idea on the rejoinder that i have to write to the helsinki administrative court on the appeal of my negative study residence permit decision by the finnish immigartion.

[khaldoun]

Hello everyone.
I live in Sweden and my spouse live in Finland
and I want to move to live in Finland
I was apply to Residence permit for spouse in Finland embassy in 18.7.2012.
in 17.4.2013 they have rejected the case and the Reason of rejected is my spouse income 1495,15 it's mean less than the minimum 1530 euros.
now we want to appeal
we have many questions if anyone can help us please.

1- my spouse don't have any more income, what we should do?
2- is the appeal take along time? because we already waiting 9 months now and we tired from waiting.

thanks a lot to share information