Minor co-applicant in citizenship application

[Taurus]

Hello everyone, I have the following situation:

I am a non-EU citizen living in Finland and I have applied for Finnish citizenship (all the requirements are met in my case). I also added my 1-year old child to the application. He was born in Finland, but both parents are non-EU citizens (both on type A RPs), he has the same citizenship as we, his parents, have, all documents are ok. He also has a type A residence permit based on family ties.

When I went to prove my identity in Migri with my child, the lady there told me that my application is fine and all good but my child cannot get the citizenship because the residence time requirement is not met for him. And she didn’t even check his passport, we just proceeded with my application and otherwise all went well. For my child’s citizenship she said to come back in 3 years… Isn’t it so that when the child is less than 15 years old, both the residence time requirement and the language requirement are waived when he is a co-applicant, and the child only needs to be permanently resident in Finland on the time of the decision?

Any thoughts on this? What legislation was the Migri officer referring to? Any advice how to proceed with this?

[Kinghypo]

To be honest i find your treatment at migri quite unfortunate and disturbing. I am in your own exact same situation. I applied for citizenship and my young sons as co applicant. Yet we did apples without a hitch. My two sons were born here. First one is almost two and new born who is just three months. Yet, we didn't have thesame problem you had despite been in the same situation.
I suggest you contact them again and let them know there might have been a mistake.

[betelgeuse]

Hello everyone, I have the following situation:

I am a non-EU citizen living in Finland and I have applied for Finnish citizenship (all the requirements are met in my case). I also added my 1-year old child to the application. He was born in Finland, but both parents are non-EU citizens (both on type A RPs), he has the same citizenship as we, his parents, have, all documents are ok. He also has a type A residence permit based on family ties.

When I went to prove my identity in Migri with my child, the lady there told me that my application is fine and all good but my child cannot get the citizenship because the residence time requirement is not met for him. And she didn’t even check his passport, we just proceeded with my application and otherwise all went well. For my child’s citizenship she said to come back in 3 years… Isn’t it so that when the child is less than 15 years old, both the residence time requirement and the language requirement are waived when he is a co-applicant, and the child only needs to be permanently resident in Finland on the time of the decision?

Any thoughts on this? What legislation was the Migri officer referring to? Any advice how to proceed with this?

"Alle 15-vuotiaalle kanssahakijalle voidaan myöntää Suomen kansalaisuus 13 §:n 1 momentin 2 ja 6 kohdan estämättä, jos hakemusta ratkaistaessa hänen varsinainen asuntonsa ja kotinsa on Suomessa."

https://www.finlex.fi/fi/laki/ajantasa/2003/20030359

It would be useful for you to make a complaint to The Parliamentary Ombudsman. They must accept applications and issue written decisions. They can't just issue a verbal refusal at the spot.

https://www.oikeusasiamies.fi/en/eoa

"Hallintopäätös on annettava kirjallisesti.

Päätös voidaan antaa suullisesti, jos se on välttämätöntä asian kiireellisyyden vuoksi.

Suullinen päätös on viipymättä annettava myös kirjallisena oikaisuvaatimusohjeineen tai valitusosoituksineen. Määräaika oikaisuvaatimuksen tekemiseen tai muutoksenhakuun alkaa kirjallisen päätöksen tiedoksisaannista siten kuin siitä erikseen säädetään."

https://www.finlex.fi/fi/laki/ajantasa/2003/20030434

You can also contact Migri to see about supplementing your application to match your original intention.

[Rankin]

I don't know why I'm not surprised.
Migri seems to be hiring more staff, but then giving them inadequate training.
I had a similar situation where a person at migri contradicted EU law.