Mooving to finland with wife

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Naskali
Posts: 97
Joined: Thu Sep 01, 2005 9:21 am

Mooving to finland with wife

Post by Naskali » Mon Sep 05, 2016 10:32 pm

Yes, and sorry, a nother moving to finland question.

Im finnish and my wife is non EU and she is talking with a company in in finlnd to work there. The company is asking whether we are going to be applying for a temp work permit for her or residency permit through family ties. Withc one comes out quicker?

We were thinking that residency would be more advantageous but our consulate suggested that we would qualify for work because i was living outside of finland and she'll be there because of work. Would this be true?

Can we apply for both work visa and family tie visa at the same time?

Thank you very much,
Mr. Naskali



Mooving to finland with wife

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betelgeuse
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Re: Mooving to finland with wife

Post by betelgeuse » Mon Sep 05, 2016 11:13 pm

Naskali wrote: Im finnish and my wife is non EU and she is talking with a company in in finlnd to work there. The company is asking whether we are going to be applying for a temp work permit for her or residency permit through family ties. Withc one comes out quicker?
The average processing times of a spouse of a Finnish citizen and employment which requires a partial decision are the same. If she qualifies as a special expert, it will be fastest.

http://www.migri.fi/our_services/proces ... ious_years
Naskali wrote: We were thinking that residency would be more advantageous but our consulate suggested that we would qualify for work because i was living outside of finland and she'll be there because of work. Would this be true?
Your use of the term residence makes no sense in this context. Everyone with a residence permit is taking up residency.
Naskali wrote: Can we apply for both work visa and family tie visa at the same time?
In Schengen terminology visas are for short term visitors like tourists. You will be applying for a residence permit. You do have the right to make multiple applications (and pay the fees for all of them). What this does to the processing times, I do not know.


Flossy1978
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Re: Mooving to finland with wife

Post by Flossy1978 » Tue Sep 06, 2016 2:16 am

If you've been together for years and can prove it, I'd suggest going for the Resident Permit based on Family. Especially if you apply outside of Finland at an embassy.

Work Permits seem to often have a lot of red tape attached to them. Could take even longer than a Family based Permit.

Good luck and welcome back to Finland :)


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rinso
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Re: Mooving to finland with wife

Post by rinso » Tue Sep 06, 2016 6:42 am

but our consulate suggested that we would qualify for work because i was living outside of finland and she'll be there because of work. Would this be true?
A RP based on family ties requires you to live in Finland. If you're living abroad when your wife applies it would cause problems and possible even a rejection.
Otherwise processing times are more or less the same, so go for the most stable situation (the thing that you expect to last the longest, either the job or your marriage :twisted: )


Flossy1978
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Re: Mooving to finland with wife

Post by Flossy1978 » Tue Sep 06, 2016 10:31 am

My ex and I were living abroad when we applied for the Family Residence Permit.

Mybe it has changed since then.


leisl
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Re: Mooving to finland with wife

Post by leisl » Tue Sep 06, 2016 11:35 am

Naskali wrote:Yes, and sorry, a nother moving to finland question.

Im finnish and my wife is non EU and she is talking with a company in in finlnd to work there. The company is asking whether we are going to be applying for a temp work permit for her or residency permit through family ties. Withc one comes out quicker?

We were thinking that residency would be more advantageous but our consulate suggested that we would qualify for work because i was living outside of finland and she'll be there because of work. Would this be true?

Can we apply for both work visa and family tie visa at the same time?

Thank you very much,
Mr. Naskali
Here's the confusion.

She CANNOT get the permit to work until she has the job offer first. They CANNOT offer her the job until she has permission to work (a residence permit) due to "EU citizen preference" rules.

So the answer is no. You cannot try and do it that way UNLESS she qualifies as a special expert, which is an exception, which betelgeuse detailed. This normally means she is expecting a high salary for a highly-qualified job.

Does this make things clearer?

If she doesn't think she can get the special expert category, you would need to come here and have her apply for residency based on family ties. She then waits for the decision before having permission to work. This will turn most employers off, but that's the way the cookie crumbles.
Last edited by leisl on Tue Sep 06, 2016 11:37 am, edited 1 time in total.


betelgeuse
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Re: Mooving to finland with wife

Post by betelgeuse » Tue Sep 06, 2016 11:36 am

Flossy1978 wrote:My ex and I were living abroad when we applied for the Family Residence Permit.

Mybe it has changed since then.
I don't think think there has been any legislation changes with regards to this (assuming this was not before Aliens Act of 2004).


betelgeuse
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Re: Mooving to finland with wife

Post by betelgeuse » Tue Sep 06, 2016 11:39 am

leisl wrote: She CANNOT get the permit to work until she has the job offer first. They CANNOT offer her the job until she has permission to work (a residence permit) due to "EU citizen preference" rules.
There are no rules against making offers to non EU workers. It just can't proceed to a work contract until a residence permit is approved. If what you said was true, no-one could apply for the work permits that need a partial decision.


leisl
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Re: Mooving to finland with wife

Post by leisl » Tue Sep 06, 2016 11:43 am

betelgeuse wrote:
leisl wrote: She CANNOT get the permit to work until she has the job offer first. They CANNOT offer her the job until she has permission to work (a residence permit) due to "EU citizen preference" rules.
There are no rules against making offers to non EU workers. It just can't proceed to a work contract until a residence permit is approved. If what you said was true, no-one could apply for the work permits that need a partial decision.
You're right :) "Cannot" as in "not practical and not gunna happen" would have been more accurate. Realistically if they make the offer despite there not being an EU-wide shortage, is the residence permit based on work going to be approved? I was under the impression that Migri requires the employer to prove to MOL etc, and you need an actual contract to even apply. In any case, a whole can of worms, and OP, you can see why the employers are asking about the permission to work - they are not going to go forward without knowing whether her permit would ever be granted.

I also just had a moment of wondering, after I wrote it, betelgeuse: as the family member of a Finn does she somehow skirt the EU pref rules? Or does this only apply once she has a residency permit here?


betelgeuse
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Re: Mooving to finland with wife

Post by betelgeuse » Tue Sep 06, 2016 12:37 pm

leisl wrote: You're right :) "Cannot" as in "not practical and not gunna happen" would have been more accurate. Realistically if they make the offer despite there not being an EU-wide shortage, is the residence permit based on work going to be approved?
An EU-wide shortage is not a requirement. If there's workers available elsewhere but they are not willing to move to Finland, a non EU worker can still be hired.
leisl wrote: I was under the impression that Migri requires the employer to prove to MOL etc, and you need an actual contract to even apply.
They do not. TE Services does the evaluation independently.

http://toimistot.te-palvelut.fi/tyolupa-asioiden-ohjeet
leisl wrote: In any case, a whole can of worms, and OP, you can see why the employers are asking about the permission to work - they are not going to go forward without knowing whether her permit would ever be granted.
TE service can give a pre indication whether their decision would be positive in two weeks (I don't know if they actually meet the advertised timeline).
leisl wrote: I also just had a moment of wondering, after I wrote it, betelgeuse: as the family member of a Finn does she somehow skirt the EU pref rules? Or does this only apply once she has a residency permit here?
A family member of a Finn is not allowed to work before in possession of a residence permit (with the exception of specialists etc).


Naskali
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Re: Mooving to finland with wife

Post by Naskali » Wed Sep 07, 2016 10:27 pm

Thank you all! Your input helps alot. We understand things from the companys point of view better now. Hopefully well be there beginning of next year.


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Pursuivant
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Location: Bath & Wells

Re: Mooving to finland with wife

Post by Pursuivant » Fri Sep 09, 2016 1:55 pm

One thing : where ate you living now, in EU or in non-EU? If you are living in EU, then you are not a despicaple 2nd class Finn bringing-in-sand-in-the-foyer, but a light-shining-from-arse "EU free movement" case, where you just "demand" and waltz in... If you are living in a non-EU country, then you need to be nice and beg.
"By the pricking of my thumbs,
Something wicked this way comes."


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masao
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Location: Helsinki

Re: Mooving to finland with wife

Post by masao » Fri Sep 09, 2016 9:26 pm

Please, M.N., for the old time's sake, do not make your Asian baby of yours make a move.
You both are better off where you are now.

cheers,
masao
Bone, Thugs, 'n' Harmony


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