Ex wife and son want to return to Finland but how?

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bm50
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Ex wife and son want to return to Finland but how?

Post by bm50 » Sat Jul 02, 2016 4:15 pm

Hi everyone,

I am an EU citizen, my ex wife and my 15 yr old son ( who was born in Finland ) and a British citizen, want to return to Finland! She lived in Finland until 2006 and my son until 2008. I am confused about the procedure regarding visa's permits etc! They are in the Philippines at the moment! As anyone here been in a similar situation?

Cheers for any help! :thumbsup:



Ex wife and son want to return to Finland but how?

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Flossy1978
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Re: Ex wife and son want to return to Finland but how?

Post by Flossy1978 » Sat Jul 02, 2016 5:01 pm

If neither parent are Finnish, I don't think children can be, even if born in Finland. So the kid would need a resident's permit, probably.

I am sure the son can return because of you, but not sure about his mother.

You should contact a lawyer. You'll get the clearest law defining answer from one of them.

Good luck.


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Pursuivant
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Re: Ex wife and son want to return to Finland but how?

Post by Pursuivant » Sat Jul 02, 2016 8:29 pm

So who is the British citizen? son only?
"By the pricking of my thumbs,
Something wicked this way comes."


betelgeuse
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Re: Ex wife and son want to return to Finland but how?

Post by betelgeuse » Sat Jul 02, 2016 8:38 pm

bm50 wrote: I am an EU citizen, my ex wife and my 15 yr old son ( who was born in Finland ) and a British citizen, want to return to Finland! She lived in Finland until 2006 and my son until 2008. I am confused about the procedure regarding visa's permits etc! They are in the Philippines at the moment! As anyone here been in a similar situation?
You need to shed light on the following:

Do you have joint custody?
Is the purpose that they will have a separate household from you?

If it's a separate household and no joint custody then your son can exercise free movement with your ex wife as long as they can provide proof of means of support.


bm50
AKA cockney
Posts: 488
Joined: Sun May 27, 2007 12:24 pm
Location: Helsinki

Re: Ex wife and son want to return to Finland but how?

Post by bm50 » Sat Jul 02, 2016 10:03 pm

Pursuivant wrote:So who is the British citizen? son only?
Hi, Thanks for reply! No I am a British citizen so is my son, my ex is Filipina!


bm50
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Location: Helsinki

Re: Ex wife and son want to return to Finland but how?

Post by bm50 » Sat Jul 02, 2016 10:11 pm

betelgeuse wrote:
bm50 wrote: I am an EU citizen, my ex wife and my 15 yr old son ( who was born in Finland ) and a British citizen, want to return to Finland! She lived in Finland until 2006 and my son until 2008. I am confused about the procedure regarding visa's permits etc! They are in the Philippines at the moment! As anyone here been in a similar situation?
You need to shed light on the following:

Do you have joint custody?
Is the purpose that they will have a separate household from you?

If it's a separate household and no joint custody then your son can exercise free movement with your ex wife as long as they can provide proof of means of support.
Hi thanks for your reply! Yes we have joint custody of my son, my ex also has a 8 yr old who is a Norwegian citizen! If they return they would have to stay with me until they find a place to live!


Flossy1978
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Re: Ex wife and son want to return to Finland but how?

Post by Flossy1978 » Sun Jul 03, 2016 1:06 am

And you want to help her?

Why not ask if your son could first come? He is 15 years old. He can make up his mind at his age (he is almost an adult) and doesn't really need the Mother to come with. What happens if you do get a Resident Permit for both the son, mother and this other child who has nothing to do with you, and then they decide "nope, don't like being back here".

You are one proud man to take an ex back and help her get into Finland.

I don't think the Mother really has any right to bring a child who isn't yours and get a Resident Permit, so she can be funded and whatnot by the Finnish Government. How will she get housing, if she has no job? Sorry to be intrusive. Just curious.


betelgeuse
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Re: Ex wife and son want to return to Finland but how?

Post by betelgeuse » Sun Jul 03, 2016 4:06 am

bm50 wrote: Hi thanks for your reply! Yes we have joint custody of my son, my ex also has a 8 yr old who is a Norwegian citizen! If they return they would have to stay with me until they find a place to live!
As you have custody, you can register your son as your family member. Your income needs to support him.

The Norwegian citizen can use the Nordic free movement rules and is not required to have any means of support. As a family member of a Nordic citizen, your ex is not required to have means of support.

http://www.finlex.fi/fi/laki/ajantasa/2 ... 01#L10P157
http://www.finlex.fi/fi/laki/ajantasa/2 ... 301#L4P50a

If the Norwegian child is not coming, you are any way considered spouses for immigration purposes once you share an address. As a household you would need to satisfy the police that your son or ex will not become a burden on the Finnish social security system.

http://www.finlex.fi/fi/laki/ajantasa/2 ... 01#L10P154
Flossy1978 wrote: I don't think the Mother really has any right to bring a child who isn't yours and get a Resident Permit, so she can be funded and whatnot by the Finnish Government. How will she get housing, if she has no job? Sorry to be intrusive. Just curious.
You can question the morality of the choices but please don't do it based on faulty facts.


bm50
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Re: Ex wife and son want to return to Finland but how?

Post by bm50 » Sun Jul 03, 2016 3:31 pm

betelgeuse wrote:
bm50 wrote: Hi thanks for your reply! Yes we have joint custody of my son, my ex also has a 8 yr old who is a Norwegian citizen! If they return they would have to stay with me until they find a place to live!
As you have custody, you can register your son as your family member. Your income needs to support him.

The Norwegian citizen can use the Nordic free movement rules and is not required to have any means of support. As a family member of a Nordic citizen, your ex is not required to have means of support.

http://www.finlex.fi/fi/laki/ajantasa/2 ... 01#L10P157
http://www.finlex.fi/fi/laki/ajantasa/2 ... 301#L4P50a

If the Norwegian child is not coming, you are any way considered spouses for immigration purposes once you share an address. As a household you would need to satisfy the police that your son or ex will not become a burden on the Finnish social security system.

http://www.finlex.fi/fi/laki/ajantasa/2 ... 01#L10P154

Thank you again for your reply! Where can I find the income requirement needed to register my son? Are the Migri figures for RP the same as for EU registration?
Flossy1978 wrote: I don't think the Mother really has any right to bring a child who isn't yours and get a Resident Permit, so she can be funded and whatnot by the Finnish Government. How will she get housing, if she has no job? Sorry to be intrusive. Just curious.
You can question the morality of the choices but please don't do it based on faulty facts.


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Pursuivant
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Re: Ex wife and son want to return to Finland but how?

Post by Pursuivant » Sun Jul 03, 2016 7:08 pm

Yeah, Norwegian citizen = Finnish citizen when it comes to permits etc. However the mom is the trouble here (but you know that :twisted: ) as being a parent is a bit on the slippery slope.
"By the pricking of my thumbs,
Something wicked this way comes."


User avatar
Pursuivant
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Re: Ex wife and son want to return to Finland but how?

Post by Pursuivant » Sun Jul 03, 2016 7:09 pm

EU registration has no (set) financial limits for registrations.
"By the pricking of my thumbs,
Something wicked this way comes."


bm50
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Re: Ex wife and son want to return to Finland but how?

Post by bm50 » Wed Jul 06, 2016 8:30 pm

Pursuivant wrote:Yeah, Norwegian citizen = Finnish citizen when it comes to permits etc. However the mom is the trouble here (but you know that :twisted: ) as being a parent is a bit on the slippery slope.
Thanks for your reply! So the Filipina mother still needs a resident card to live in Finland even thou her daughter is a Norwegian citizen?


betelgeuse
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Re: Ex wife and son want to return to Finland but how?

Post by betelgeuse » Sat Jul 09, 2016 4:38 pm

bm50 wrote: Thanks for your reply! So the Filipina mother still needs a resident card to live in Finland even thou her daughter is a Norwegian citizen?
Yes.


bm50
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Re: Ex wife and son want to return to Finland but how?

Post by bm50 » Wed Jul 20, 2016 2:53 pm

Hi again! So my ex must apply for her Rp in the country that she resides in now? It will not be her first Rp for Finland she lived here for 6 years and 3 in Norway! As my son is an EU citizen is it possible she could apply for shengen visa so she can enter Finland with him then apply for her Rp in Finland?

Thanks again!


betelgeuse
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Joined: Thu Aug 29, 2013 1:24 am

Re: Ex wife and son want to return to Finland but how?

Post by betelgeuse » Thu Jul 21, 2016 4:31 pm

bm50 wrote:So my ex must apply for her Rp in the country that she resides in now?
First you should decide whether you are going to be registering right of residence or applying for a residence permit. However, both can be done in Finland.
bm50 wrote: As my son is an EU citizen is it possible she could apply for shengen visa so she can enter Finland with him then apply for her Rp in Finland?
https://eumovement.wordpress.com/2007/0 ... u-citizen/


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