Renewing residence permit without husband's permission

by **ajayghosh** » Thu Jul 26, 2012 8:10 pm

My sister is married to a man in Finland of Indian origin. She went there as a dependant and has been in Finland for 1year. Currently working in a software company. Her husband is eligible for permanent residence in a few months. Because of dowry issues, her husband is threatening not to renew her residence permit so that she will lose her job and will have to return to her village in UP, India. Can she renew her residence permit without his permission?

thanks for your help.

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by **Logic** » Thu Jul 26, 2012 8:21 pm

Not possible without the spouse's permission, he even needs to go to the police station with her when it's time for renewal. One solution is that she changes her residence from family ties to work and then she won't need any permission but she has to stay in work to stay in Finland.

by **rinso** » Thu Jul 26, 2012 8:58 pm

Because of dowry issues, her husband is threatening not to renew her residence permit

Because of this, it could be classified as a fake marriage. And therefor the RP could be denied.
I know marriage customs in India are different, But that is of no concern for Migri.

by **rinso** » Thu Jul 26, 2012 9:01 pm

Logic wrote:One solution is that she changes her residence from family ties to work and then she won't need any permission but she has to stay in work to stay in Finland.

Not without risk either. Since she is not EU a work related RP is not automatically granted.

by **Logic** » Thu Jul 26, 2012 9:39 pm

rinso wrote:
Logic wrote:One solution is that she changes her residence from family ties to work and then she won't need any permission but she has to stay in work to stay in Finland.

Not without risk either. Since she is not EU a work related RP is not automatically granted.

If she's already in the job then it's a different gameball, chances of an approval from the employment office are better but yes there is still a risk of denial and she needs to decide whether or not to take that risk.

by **ajayghosh** » Thu Jul 26, 2012 10:02 pm

yes . she is in a permanent employment already. Will that help?

by **Logic** » Thu Jul 26, 2012 10:08 pm

It definitely is a factor. I personally haven't heard of cases of rejection by the employment office for IT based jobs but that was before all the layoffs so don't know the situation now.

by **Rip** » Thu Jul 26, 2012 10:32 pm

Anyway, what other (better) option she has?

by **joutsen** » Fri Jul 27, 2012 11:31 am

Rip wrote:Anyway, what other (better) option she has?

I am sure there must be some way to punish this sort of injustice. That is why women in this country are empowered and liberated. Are there no protective laws in your country?

by **Rip** » Fri Jul 27, 2012 11:45 am

joutsen wrote:
Rip wrote:Anyway, what other (better) option she has?

I am sure there must be some way to punish this sort of injustice. That is why women in this country are empowered and liberated. Are there no protective laws in your country?

However unjust you think her husband's behaviour, it does not change the fact that she (like the other about billion men or women from her country) needs a residence permit to stay here. I'm sure there are plenty of Indian women in India in worse position, but we are not distributing them visa's or permits just because of that. The permit is given on some specified grounds, and without her husbands co-operation it is not going to be "family", while "work" should likely be accepted. If she had stayed here longer, some more vague "ties to Finland" might individually be approved, but she has been here only one year.

by **rinso** » Fri Jul 27, 2012 11:48 am

joutsen wrote: Are there no protective laws in your country?

When you accept an arranged marriage, you also have to accept the consequences.

by **Logic** » Fri Jul 27, 2012 11:52 am

joutsen wrote:I am sure there must be some way to punish this sort of injustice. That is why women in this country are empowered and liberated. Are there no protective laws in your country?

Protective from what?! What exactly do you want them to do? She will be protected if he becomes violent towards her, apart from that then they need to sort out things themselves!!!

by **Pursuivant** » Fri Jul 27, 2012 12:48 pm

If there is an issue of "dowry", and the husband is threatening to "send her back", this means she can apply protection under this paragraph and send the husband to jail for human trafficking. :twisted:

by **Oombongo** » Fri Jul 27, 2012 12:59 pm

dowry....wait a sec. Is it about financial assets paid by the woman's family to the man's family? So technically was he bought for the bride? :shock:

by **ajayghosh** » Fri Jul 27, 2012 1:42 pm

joutsen wrote:
Rip wrote:Anyway, what other (better) option she has?

I am sure there must be some way to punish this sort of injustice. That is why women in this country are empowered and liberated. Are there no protective laws in your country?

There are protective laws and we are in discussion with a lawyer and some friends inthe Police force. Section 498 a of Indian penal code deals specifically with this. Any one who harasses wife/daughter in law for dowry related issues (which are loosely defined) is arrested on complaint of relatives and it is considered a non bailable offence. The onus will be on the bridegroom's family to prove their innocence. A presumed guilty situation. But that will be a drastic step and can ruin careers and families. We don't want to go through that at this time.