Residence permit type for a PhD student-ask help!!!!

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xuchen_wang
Posts: 1
Joined: Fri Mar 03, 2017 3:43 pm

Residence permit type for a PhD student-ask help!!!!

Post by xuchen_wang » Fri Mar 03, 2017 4:19 pm

Hi All,

I am a doctoral student from Asian in Aalto university. Since doctoral students get salary from the project and pay taxes, we should be viewed as staffs or employees. I got my first residence permit card for B type from 2016.3-2017.3. Last month I signed two more years contract with my supervisor and I use it to apply for an extended residence permit. However, the decision made by immigration service is still B type from 2017.3-2019.3. I know this decision is totally illegal, and argued with them for a long time. But they seems to be very arrogant and tell me that if I am not satisfied with this results I can appeal to the administrative court. I am totally depressed with this situation.

According to law, a researcher should have B type residence permit for maximum two years. That means I must be granted with A type residence permit from 2018.3-2019.3.

quote_Aliens Act: Section 54 (3)

An alien who has been issued with a temporary residence permit for employment or pursuing a trade under section 45(1) is issued with a continuous residence permit after two years of continuous residence in the country, if the requirements for issuing the permit are still met.


Therefore, the decision made by them is totally wrong and contradicts to the Finnish law. Actually, for a general case, all of my colleagues who have the same qualifications with me are granted with A type residence permit from their second year of PhD.

Now I must appeal to the administrative court. Can you help me to provide more law grounds that can support my appeal. I hope you can help me.



Residence permit type for a PhD student-ask help!!!!

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Gila
Posts: 4
Joined: Sat Sep 06, 2014 1:26 pm

Re: Residence permit type for a PhD student-ask help!!!!

Post by Gila » Fri Mar 03, 2017 8:53 pm

If you think that you must be granted type A from 2018, then ask it from 2018, not now in 2017. It does not matter if you will still have old, if you really eligible for A, they will change it from B to A.


Rip
Posts: 5583
Joined: Tue Dec 30, 2008 12:08 pm

Re: Residence permit type for a PhD student-ask help!!!!

Post by Rip » Tue Mar 07, 2017 9:49 am

You have two years continuous residence starting from March 2018, not now.


Gustavo_Orozco
Posts: 4
Joined: Fri Jan 01, 2016 12:19 am

Re: Residence permit type for a PhD student-ask help!!!!

Post by Gustavo_Orozco » Sun Sep 03, 2017 7:23 pm

Hi xuchen_wang,

How is going on your process in the court? Any decision?


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