Divorce - resident permit and divorce certificate issues

[AldenG]

however, I will loose the A-resident permit after the district court grants our divorce application (6 months). At the time the divorce application will be granted,

Are you sure about that?

You will not be eligible to renew after the divorce, or probably even while it is pending. But you apparently have a 4-year permit now.(?) So who says it will be cancelled in the middle of its term once you divorce?

Of course changing your name immediately may complicate things considerably, I'm not sure.

Well, in contradiction to what I wrote above, here is a new post that suggests you might be right. The RP might be cancelled mid-term:

FF: urgent need of helps for the resident permit

This person says the police contacted him "within the month" to cancel the permit.

However, that might be due to a special initiative of his ex-wife or due to the court verdict that he abused his spouse or a combination of both. I don't know. But it's additional information for you.

[Csphilli]

For those having the EU family member residence card, the law says this:

Section 161e (360/2007)
Retaining the right of residence of family
members in the event of divorce
--
(2) Family members of an EU citizen
who themselves are not EU citizens do not
lose their right of residence in the event of
divorce if:
1) the marriage has lasted at least three
years, including one year in Finland;
2) by agreement between the spouses or a
court decision, the spouse who is not an EU
citizen has custody of the children of the EU
citizen;
3) it is warranted by particularly difficult
circumstances such as violence in the
marriage; or
4) by agreement between the spouses or by
a court decision, the spouse who is not an EU
citizen has a right of access to a minor, and
the court has ruled that the access must be in
Finland.

Just trying to dig up some answers on my own here due to going through the same. As long as one of the above 4 reasons is satisfied, there is no reason a current, and valid permit should be rendering invalid immediately upon divorce? Assume all bills paid and current, no run ins with Five-O, etc.

[sk81210]

Divorce doesn't effect your current residence permit. But you have to find a job if you want to continue living here to get continuation(new) residence permit.

[sk81210]

I heard rumors about a new law concerning DIVORCE in Finland,that divorcee must pay €30000 to the state/Government.Who knows about this?

Best Rumour

[Pursuivant]

The district court mentioned 3 different time in the paper, could someone be kind to help to translate their statement please:

OK, so

"- Harkinta-ajan alkamispäivä on 6.3.2012

The date of the beginning of the "thinking period" is 6.3.2012 = clock starts now

- käräjäoikeus voi ottaa asian jatkokäsittelyyn, kun harkinta-ajan alkamisesta on kulunut vähintään kuusi kuukautta eli aikaisintaan 7.9.2011

The Court can take the matter to further consideration, when 6 months has passed from the beginning of the "thinking period" which is at the earliest 7.9.2012

- Hakemus on tehtävä kuitenkin ennen kuin yksi vuosi on kulunut harkinta ajan alkamisesta eli viimeistään 6.3.2013

The (2nd) application must however be done before one year has lapsed from the beginning of the "thinking period", so at the latest 6.3.2013

Ellei hakemusta toimiteta käräjäoikeuteen määräajassa, avioeroasianne raukeaa."

If the (2nd) application isn't delivered to the Court withing the set time, the case is null.

So, first you have 6 months of "cool down and think about it" period. Then you have another 6 months to send the 2nd paper, between 7.9.2012 - 6.3.2013. You'll get the divorce once they get the 2nd paper so you can send it on the first or on the last ( well it has to be received by the court clerk and filed before the last date). If you decide not to have a divorce, you need not do anything, but if you then want a divorce after 6.3.2013, you have to start a new process, with the same timeframes 6 months + 6 months.

And this is what happens in every standard divorce. So the fastest you can get a divorce is in 6 months + a few days mail and informing the other party.

[Csphilli]

Divorce doesn't effect your current residence permit. But you have to find a job if you want to continue living here to get continuation(new) residence permit.

Unless your current permit is on the basis of family ties correct? I have a job so it's not a concern, just wanting to ensure I understand it correctly. Thanks for your answer.

[Kamila]

Hi all,

I and my husband are processing a divorce now. The district court sent a letter to me and explained that, the cooling period will take 6 months. And after 6 months if both still desire the divorce then district court will grant the application. The divorce will officially take effect a year after the time of the first document sent.

I am living here with A-visa resident permit thank to my husband (EU schengen citizenship), I am an Asian and last year student in University of Applied Sciences. So my question is when do I have to apply for another resident permit, right away, or after 6 months or a year? Because of the different time given by the district court.

I probably apply for job resident permit because soon I will graduate. Please share your experience so that I got the picture of what to do next. Thank you very much in advance!

And will the divorce certificate be delivered (by post)to our addresses or not at all. if yes, when?

Looking forward to hearing from you!

Best regards,

Livingstrong

Hi,

How is your situation end up now? Could you please share your experience so we can learn from you. Many thanks. Wishes you a best of luck.

Kamila