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marriage EU+non EU

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marriage EU+non EU

Postby Dibby » Tue Feb 23, 2010 5:50 pm

Hi, I am new to this forum. I know that there have been abundant posts about marriage but I am still unclear regarding few things. I am a non EU citizen and in an exchange program in Finland for 6 month. Currently, I am engaged to an EU citizen that has been working as a doctor in Finland for the last 3 years in local university hospital and holds permanent residence card. We are planning to get married in Finland soon.

My questions are:
1. I would need a certificate of non-impediment from my embassy. But do I need to have it legalised by the Finnish embassy or I can take it directly to Maistraatti?
2. would my boyfriend also need that certificate as well from his embassy or can he requests for investigation in local register office as he has been living here for the past 3 years?
3. Would there be a minimum income for an EU citizen to bring a spouse into Finland?

Thank you very much for your advises
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marriage EU+non EU

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Re: marriage EU+non EU

Postby Rip » Tue Feb 23, 2010 11:19 pm

More reliable answers you'd get from the magistrate office, but based on my reading of the marriage decree: http://www.finlex.fi/fi/laki/ajantasa/1987/19870820
Dibby wrote:1. I would need a certificate of non-impediment from my embassy. But do I need to have it legalised by the Finnish embassy or I can take it directly to Maistraatti?

If it is issued by your national embassy staff posted in Finland, no. Otherwise usually yes. (I'm not sure if I understood the question)

2. would my boyfriend also need that certificate as well from his embassy or can he requests for investigation in local register office as he has been living here for the past 3 years?

He'd be considered a Finnish resident.

3. Would there be a minimum income for an EU citizen to bring a spouse into Finland?

from: http://213.138.145.18/netcomm/content.a ... anguage=EN
A family member is granted a right to reside in Finland if the EU citizen meets the requirements for residence in the country. Furthermore, it is required that the family member has sufficient means of support for the period of residence and the required health insurance.

I'd send an email to migri to ask what does this mean in practice for you. If your husband-to-be is working as doctor (physician) then I'm sure any income requirement can't be a problem in practical terms.
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Re: marriage EU+non EU

Postby Dibby » Wed Feb 24, 2010 9:03 am

THANK YOU Rip.. you've been such a great help!!! :D I was afraid nobody woulr reply to my questions.
I am an asian. I read a story in this forum about a British that has been a permanent resident for years and married an Asian and he couldn´t bring his wife to Finland. I hope it won't happen to us (I am really afraid). Or I guess I should look for a job soon (I know it is extremely difficult with limited ability in Finnish (I am still in Suomi 2) but worth to try) or try to pursue higher education so I can stay here for studying visa or working permit. But is it impossible to stay here while waiting for residence card if I am from south east Asia?(If I stay here, I can learn finnish faster and have better opportunities to find a job -as ammanuensi or so- in small hospitals. I can't find any finnish courses in my home country).
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Re: marriage EU+non EU

Postby Rip » Wed Feb 24, 2010 9:39 am

Dibby wrote:I read a story in this forum about a British that has been a permanent resident for years and married an Asian and he couldn´t bring his wife to Finland.


Authorities did not believe the marriage was for real...?
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Re: marriage EU+non EU

Postby Dibby » Wed Feb 24, 2010 10:36 pm

Hei, Rip. Sorry. I was mistaken. Apparently he could bring his wife to Finland but his wife could only apply for 1 year residence permit instead of 5 year residence card. So, If my future husband has been living in Finland, it means I would also apply for the 1 year residence permit instead of getting residence card?. Thanx a lot.
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Re: marriage EU+non EU

Postby Pursuivant » Wed Feb 24, 2010 10:53 pm

Finnish residence comes piecemeal - first they give a shorter one and then finally the one "without end date", theres the small print.
Last edited by Pursuivant on Thu Feb 25, 2010 4:10 pm, edited 1 time in total.
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Re: marriage EU+non EU

Postby Rip » Thu Feb 25, 2010 9:32 am

Dibby wrote:Hei, Rip. Sorry. I was mistaken. Apparently he could bring his wife to Finland but his wife could only apply for 1 year residence permit instead of 5 year residence card. So, If my future husband has been living in Finland, it means I would also apply for the 1 year residence permit instead of getting residence card?. Thanx a lot.


This is now only guess work, but I think your friend's experience was because it used to be that in order for a foreign EU-citizen to bring family member in using the EU-route (residence card, instead of permit application which is available also for family members of legally residing non-EU citizens), the said family member ought to have had first got a residence permit in some other EU country (typically, but not necessarily, the home country of the spouse having EU-citizenship) and moved to Finland from there. This changed after the Metock ruling
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Re: marriage EU+non EU

Postby Dibby » Wed Apr 21, 2010 10:36 am

Thank you for all your help!! I am really amazed how all of you know so much and also willing to help :)
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Re: marriage EU+non EU

Postby Dibby » Wed Apr 21, 2010 10:37 am

special thanks for Rip. THANK YOU
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Re: marriage EU+non EU

Postby bm50 » Wed Apr 21, 2010 11:59 am

I would think that you both would need an non-impediment certificate validated by the finnish authorities maybe finnish foreign office, of course this is to prove that neither of you are still married! Are you still in Finland? If you marry in Finland be careful and check first as they can make return to Asia to apply for your residence permit in your own country, and your future husband is working as a doctor so I'm sure the income requirement would be ok. My wife is from Indonesia and we married there but needed many papers, I'm British so got my impediment certificate here in Helsinki at my embassy, after our marriage all the marrige papers had to validated at the justice and foreign office in Jakarta before being validated at the finnish embassy there, this didn't take long as we had someone to help us, so all this before they granted my wife a shengen visa to enter Finland then she applied for her residence permit when she arrived here.
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Re: marriage EU+non EU

Postby Dibby » Wed Apr 21, 2010 3:25 pm

Thank you BM50. unfortunately the option of getting married in my homecountry is almost impossible as my fiance's family are too old to travel so far (to asia) and my family can travel here. we both wish that both of our family are present in the wedding ceremony. so we decide to marry in Finland to be a neutral place for both of us.
If you marry in Finland be careful and check first as they can make return to Asia to apply for your residence permit in your own country

..at this moment i am struggling with working permit, so my stay here wouldn't be based on marriage but on a stronger basis. I hope this would work out, well if not..and they still send me back in spite of all my efforts.. then i will be forced to look for a temporary job in my home country (while waiting for the visa decision) so i can pay for my return ticket- not that looking for a job is easy in my country. well, life is tough indeed but we can at least fight for it :)
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Re: marriage EU+non EU (update)

Postby Dibby » Sat Oct 08, 2011 10:15 am

so, it's been 1,5 year since I last posted and we still haven't married. But now I've already worked in a hospital (1 hour drive from the city I live with my future husband) as amanuenssi lääkäri for 1,5 year, my työsopimus (job contract) finishes at the end of December. And we plan to get married in February (Valentine month, if you have to know why :) ). I am currently in Finland due to working permit, which finishes in December. We've been living together for 1,5 year.

My question is:
is it possible to apply for a staying permit in January and February, without a job because I would want to prepare for the wedding in February ? Can I apply an extended staying permit for the reason of getting married in Finland? but I also want to go home to my home country for 2 weeks in January to prepare a traditional wedding gown and plan the ceremonies with my parents. Is it impossible?

My fiance went to police and they said it is possible only if we have lived together for 2 years and asked if my job contract is prolonged. Well my job contract is surely prolonged because the director already said he want to prolong me but I want to either quit job or have a job in the same city where my fiance lives so i can prepare the wedding.

Sorry if my post is confusing, I am currently torn between the exam ( I am having clinical exam to get my degree admitted in November), wedding, visa, work etc.



Sincerely

a confused woman with a slight panic attack and chocolate addiction
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Re: marriage EU+non EU

Postby Dibby » Sat Oct 08, 2011 12:10 pm

hmm.. no answer. well perhaps it was a stupid question anyway. I read other posts..seemingly much more people are in bigger problems than me :D perhaps the panic attack before wedding got into me. I just need one month stay in January to prepare for a small private wedding because I want to make it as perfect and beautiful as it could be :D Have anyone in this forum recently got married in Finland?? I would love to hear everything about your preparations for the wedding day
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Re: marriage EU+non EU (update)

Postby rinso » Sat Oct 08, 2011 1:30 pm

Dibby wrote: I am currently in Finland due to working permit, which finishes in December.
My question is:
is it possible to apply for a staying permit in January and February, without a job because I would want to prepare for the wedding in February ? Can I apply an extended staying permit for the reason of getting married in Finland?

It is best to apply before the RP finishes, and you have to use the information of that moment. Staying to prepare for a wedding is not an official reason for a RP, so if you put that on your application it will confuse the police.
but I also want to go home to my home country for 2 weeks in January to prepare a traditional wedding gown and plan the ceremonies with my parents. Is it impossible?

As far as I know it is not wise to leave the country when your application is processed. It can cause all kind of problems during re-entering.
My fiance went to police and they said it is possible only if we have lived together for 2 years

That is the official position. 1.5 years and a marriage coming up probably will not be a problem at all.
and asked if my job contract is prolonged. Well my job contract is surely prolonged because the director already said he want to prolong me but I want to either quit job or have a job in the same city where my fiance lives so i can prepare the wedding.

One option is not to quit but to ask for a unpaid holiday so you can plan everything and have no problems with the extension of the RP. Quitting later is always an option.
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Re: marriage EU+non EU

Postby Dibby » Sat Oct 08, 2011 4:36 pm

Rinso.. thank you for your advice. I guess you are right.. preparing a wedding is not an official reason :? and it just occurred to me that even if we get married and I apply for residence permit based on family ties.. i wouldn't be allowed to work before a decision is made, especially that I am not from EU.. I read somewhere in this forum it would take months. So I guess I have to secure it with job permit.

by the way, after a decision of resident permit based of family ties is granted, can I start working directly if at that time my working visa is expired? or I still need to re-apply working visa?

Thank you
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