Residence permit or touristic visa

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Peach7
Posts: 35
Joined: Sat Jun 25, 2016 2:36 pm

Residence permit or touristic visa

Post by Peach7 » Mon Oct 31, 2016 12:55 am

Hello everyone.
I'm Tunisian, married to a Finnish citizen. So, I'm planning to move to live with my husband.
I'd like to know if it would make sense for me to apply for a touristic visa and then for a residence permit from Finland? (and actually TELL the embassy that I'm planning to do so, during my visa interview)? Could they grant a visa if someone tells them they are planning to overstay in this way?
I bet that's not a route they like, and it's quite likely to be refused, but there is nothing illegal about it, and especially that it's said on The Finnish Ministry of Foreign Affairs' website that applying for a residency permit from Finland after entering there is a legal option. Why would they talk about that option there if it was not possible?
I have to mention that I have applied twice for visas to Finland before we got married and they were both refused.
Would it make any sense to even try this option now, or should I just apply for the residence permit from here?



Residence permit or touristic visa

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Rip
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Re: Residence permit or touristic visa

Post by Rip » Mon Oct 31, 2016 7:05 am

To best of my understanding it would not work. Yes, it would not be illegal - and, yes, despite that the visa officials do not live giving visa's if it is obvious that your planning to overstay.


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rinso
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Re: Residence permit or touristic visa

Post by rinso » Mon Oct 31, 2016 9:03 am

Peach7 wrote:Hello everyone.
I'm Tunisian, married to a Finnish citizen. So, I'm planning to move to live with my husband.
I'd like to know if it would make sense for me to apply for a touristic visa and then for a residence permit from Finland? (and actually TELL the embassy that I'm planning to do so, during my visa interview)? Could they grant a visa if someone tells them they are planning to overstay in this way?
I bet that's not a route they like, and it's quite likely to be refused, but there is nothing illegal about it, and especially that it's said on The Finnish Ministry of Foreign Affairs' website that applying for a residency permit from Finland after entering there is a legal option. Why would they talk about that option there if it was not possible?
I have to mention that I have applied twice for visas to Finland before we got married and they were both refused.
Would it make any sense to even try this option now, or should I just apply for the residence permit from here?
That it is not illegal refers to the fact that you are allowed to stay in Finland while your residence permit is processed. Not that it is allowed to use a tourist visa as a foot in the door for permanent stay.


betelgeuse
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Re: Residence permit or touristic visa

Post by betelgeuse » Tue Nov 01, 2016 10:19 pm

Rip wrote:To best of my understanding it would not work. Yes, it would not be illegal - and, yes, despite that the visa officials do not live giving visa's if it is obvious that your planning to overstay.
Using a visa to travel to apply for a residence permit is suggested in the foreign ministry website as an option so it should not at least be a cause for refusal.
Apply for a visa at a Finnish mission either in your home country or in the country of departure where you have a legal residence. If you are eligible for a visa based on the Visa Code, you can apply for an extended residence permit at the local police. Please note that to get a visa the visa applicant must fulfil the requirements of the Visa Code. A visa is not granted even to a family member of a Finnish citizen automatically.
http://formin.finland.fi/public/default ... y%20member


Peach7
Posts: 35
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Re: Residence permit or touristic visa

Post by Peach7 » Wed Nov 02, 2016 1:36 pm

I called the embassy, they said the "correct way" to do it is to apply for the residence permit from here. Well, that's what we're going to do, just to play it safe. It wouldn't be nice I guess to get a third rejected visa now. :/


bm50
AKA cockney
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Re: Residence permit or touristic visa

Post by bm50 » Wed Nov 02, 2016 4:06 pm

Hi,

You are married to a Finnish citizen? I thought you could apply for visa to enter Finland as a family member of an EU citizen, your husband is a Finnish/EU citizen!
I'm a EU citizen and I married in Indonesia my wife just applied for visa to enter Finland and then her residence permit in Finland without problem! Have you registered your marriage at the magistrates office in Finland?


Peach7
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Re: Residence permit or touristic visa

Post by Peach7 » Wed Nov 02, 2016 6:05 pm

bm50 wrote:Hi,

You are married to a Finnish citizen? I thought you could apply for visa to enter Finland as a family member of an EU citizen, your husband is a Finnish/EU citizen!
I'm a EU citizen and I married in Indonesia my wife just applied for visa to enter Finland and then her residence permit in Finland without problem! Have you registered your marriage at the magistrates office in Finland?
Hey there.I'm married to a Finnish citizen, and yeah our marriage is registered in Finland. Did your wife tell the embassy that she is planning to apply for the residence permit in Finland when she applied for that visa? Or did she say she was going to come back to Indonesia, how did it got? =)


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Beep_Boop
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Re: Residence permit or touristic visa

Post by Beep_Boop » Wed Nov 02, 2016 6:40 pm

Edit: Scratch my answer. The Directive 2004/38/EC "workaround" requires the Finnish spouse to temporarily relocate to another EU country.
Last edited by Beep_Boop on Wed Nov 02, 2016 11:48 pm, edited 1 time in total.
Every f*cking application is unique.You can't measure the result of your application based on random anecdotes online. Stop being a moron!


betelgeuse
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Re: Residence permit or touristic visa

Post by betelgeuse » Wed Nov 02, 2016 10:40 pm

Beep_Boop wrote:Since you're married to a Finnish citizen, it makes more sense to use your freedom of movement right as a family member of an EU citizen. I'm not well versed in the practicalities when it comes to exercising this right in Finland when your spouse is a Finnish citizen, other than the vague income requirement.
You are not exercising free movement when you join a Finnish spouse in Finland. The Finnish spouse would first need to move to another EU country.


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Beep_Boop
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Re: Residence permit or touristic visa

Post by Beep_Boop » Wed Nov 02, 2016 11:46 pm

betelgeuse wrote:You are not exercising free movement when you join a Finnish spouse in Finland. The Finnish spouse would first need to move to another EU country.
You're correct. I went back to the posts where people did and discussed it on this forum, and it seems they all have been cases where the Finnish spouse has lived/worked in a different EU country.

I'll update my previous comment.
Every f*cking application is unique.You can't measure the result of your application based on random anecdotes online. Stop being a moron!


Peach7
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Joined: Sat Jun 25, 2016 2:36 pm

Re: Residence permit or touristic visa

Post by Peach7 » Thu Nov 03, 2016 2:20 pm

Here is a weirder fact.
We were thinking of travelling together to Spain, and we thought it would be much easier for me to be granted a visa from the Spanish embassy thanks to that law regarding free/easier movement of Eu citizens family members. But to our biggest surprise, the officials working in that embassy (and also other European embassies, yes I tried the embassy of Italy and also Austria, just to make if anyone knows about it) and those Tunisian officials working there said they never heard of that law, and I have no privilege, and they don't "care" if I'm going to meet my husband or whatever I will do (in a rude way even) and I'll need to apply for a touristic visa in the same way as others... They are clearly breaching the law, or just ignorant.
But anyways we did not want to follow this matter too much. Our true goal is to meet asap, and live together eventually, and not create more unnecessary problems. We're just going to meet somewhere else that doesn't require a visa for me. (gonna meet before applying for the residence permit, we miss each other =) )


bm50
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Re: Residence permit or touristic visa

Post by bm50 » Thu Nov 03, 2016 7:01 pm



Rip
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Re: Residence permit or touristic visa

Post by Rip » Fri Nov 04, 2016 5:17 am

Peach7 wrote:Here is a weirder fact.
We were thinking of travelling together to Spain, and we thought it would be much easier for me to be granted a visa from the Spanish embassy thanks to that law regarding free/easier movement of Eu citizens family members.
"EU family memeber rules" don't apply if your Finnish spouse is and had been living in Finland. Doing a mere "trip" to another EU country does not change that.


Peach7
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Re: Residence permit or touristic visa

Post by Peach7 » Fri Nov 04, 2016 12:59 pm

Rip wrote:
Peach7 wrote:Here is a weirder fact.
We were thinking of travelling together to Spain, and we thought it would be much easier for me to be granted a visa from the Spanish embassy thanks to that law regarding free/easier movement of Eu citizens family members.
"EU family memeber rules" don't apply if your Finnish spouse is and had been living in Finland. Doing a mere "trip" to another EU country does not change that.
Oh I see. Thank you for the clarification. Now it makes sense..


bm50
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Re: Residence permit or touristic visa

Post by bm50 » Fri Nov 04, 2016 6:11 pm

Peach7 wrote:
Rip wrote:
Peach7 wrote:Here is a weirder fact.
We were thinking of travelling together to Spain, and we thought it would be much easier for me to be granted a visa from the Spanish embassy thanks to that law regarding free/easier movement of Eu citizens family members.
"EU family memeber rules" don't apply if your Finnish spouse is and had been living in Finland. Doing a mere "trip" to another EU country does not change that.
Oh I see. Thank you for the clarification. Now it makes sense..
Hi, What is the difference between your situation and this post? viewtopic.php?f=2&t=89181


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