Extended RP denied. Advice?

How to? Read other's experiences. Find useful advice on shipping, immigration, residence permits, visas and more.
sillygoose
Posts: 7
Joined: Sat Jan 11, 2020 2:20 pm

Extended RP denied. Advice?

Post by sillygoose » Tue Aug 03, 2021 9:56 pm

So here’s a timeline of my residence permit application journey:

I was approved for a residence permit on the basis of work (assistant nurse) in June 2018, with a validity date of 1 year (until June 2019)

Due to unforeseen circumstances, I wasn’t able to arrive in Finland until February 2019.

I immediately started my full-time work after I arrived, however, then applied for an extension of my residence permit before it expired.

I got the result of my extended permit application in May 2020, a year after, with a negative partial decision from TE Office and ultimately a negative final decision from Migri. The reason given was that my monthly salary during my first RP was too low, referencing Chapter 5 Section 4 of the Unemployment Security Act. Apparently they divided my net salary from February 2019 to June 2019 into 12 months. I am however a full-time worker, never unemployed since arriving in Finland, and my monthly salary is way above 1000 euros. They did not consider my income post June 2019, arguing that it is past my residence permit validity and therefore irrelevant.

In May 2020 I filed an appeal to the administrative court, and I’m still waiting for their decision. Meanwhile I am still working full time and been with my company for 2.5 years already.

Has anyone been in a situation similar to mine? If so, how was it? Do I have a shot at being granted a favorable decision? In case my appeal was denied, what would be the next best course of action to take?



Extended RP denied. Advice?

Sponsor:

Finland Forum Ad-O-Matic
 

betelgeuse
Posts: 4081
Joined: Thu Aug 29, 2013 1:24 am

Re: Extended RP denied. Advice?

Post by betelgeuse » Tue Aug 03, 2021 10:53 pm

sillygoose wrote:
Tue Aug 03, 2021 9:56 pm
In case my appeal was denied, what would be the next best course of action to take?
The one recommended to you by a lawyer familiar with your case.

sillygoose
Posts: 7
Joined: Sat Jan 11, 2020 2:20 pm

Re: Extended RP denied. Advice?

Post by sillygoose » Wed Aug 04, 2021 1:30 pm

betelgeuse wrote:
Tue Aug 03, 2021 10:53 pm
sillygoose wrote:
Tue Aug 03, 2021 9:56 pm
In case my appeal was denied, what would be the next best course of action to take?
The one recommended to you by a lawyer familiar with your case.
Well, ideally. The thing is I'm not too confident with the public lawyer representing me. She doesn't seem to have a great grasp of immigration laws and often refer me to Migri for those stuff. She even made me reapply for an extended permit after lodging my appeal, which was then instantly denied. I later learned that that was not allowed.

Anyway, let me expand my question. In case the administrative court denied my appeal but then allowed me to re-appeal to the supreme administrative court, would it be better to file that appeal or just concede defeat, go back to my home country, then apply for a new residence permit instead? I'm assuming that the appeal to the administrative court would take a long time and applying for a new residence permit would be faster. Or would a negative case impact my application for a new residence permit?

jaatelo
Posts: 77
Joined: Sun May 09, 2021 1:40 pm

Re: Extended RP denied. Advice?

Post by jaatelo » Wed Aug 04, 2021 3:04 pm

sillygoose wrote:
Tue Aug 03, 2021 9:56 pm
So here’s a timeline of my residence permit application journey:
I was approved for a residence permit on the basis of work (assistant nurse) in June 2018, with a validity date of 1 year (until June 2019)
A nursing assistant assists individuals with physical disabilities, mental impairments, and other health care needs with their activities of daily living.

The average Nursing Assistant salary in the United States is $31,610. If you are not at least making that much here then perhaps it's time to realize that you are wasting your talent in a country that is unappreciative of your service.

Realize your potential and go to a better place, maybe ?
Last edited by jaatelo on Wed Aug 04, 2021 3:29 pm, edited 1 time in total.

jaatelo
Posts: 77
Joined: Sun May 09, 2021 1:40 pm

Re: Extended RP denied. Advice?

Post by jaatelo » Wed Aug 04, 2021 3:19 pm

...

sillygoose
Posts: 7
Joined: Sat Jan 11, 2020 2:20 pm

Re: Extended RP denied. Advice?

Post by sillygoose » Wed Aug 04, 2021 3:59 pm

jaatelo wrote:
Wed Aug 04, 2021 3:04 pm
A nursing assistant assists individuals with physical disabilities, mental impairments, and other health care needs with their activities of daily living.

The average Nursing Assistant salary in the United States is $31,610. If you are not at least making that much here then perhaps it's time to realize that you are wasting your talent in a country that is unappreciative of your service.

Realize your potential and go to a better place, maybe?
I wouldn't say they're unappreciative of my service, since I get good feedback at work and even got the vuoden hoitaja palkinto. But yeah, it's weird that TE Palvelut used the provisions of the Unemployment Security Act against me when (a) I wasn't exactly unemployed nor earning too little and (b) I have a permanent, full-time job. I arrived in Finland late to start my work, yes, but I don't think that's the same thing.

Inasmuch as Finland has its flaws, I'm inclined to believe that I'm at a better place, unfortunately :lol: But I'm considering Australia/Germany, if things don't go as planned here. That means starting all over again though and adjusting to a new culture.

jaatelo
Posts: 77
Joined: Sun May 09, 2021 1:40 pm

Re: Extended RP denied. Advice?

Post by jaatelo » Wed Aug 04, 2021 4:11 pm

sillygoose wrote:
Wed Aug 04, 2021 3:59 pm
Inasmuch as Finland has its flaws, I'm inclined to believe that I'm at a better place, unfortunately :lol: But I'm considering Australia/Germany, if things don't go as planned here. That means starting all over again though and adjusting to a new culture.
In Australia, you will be living the life of a king. They need nursing assistants and they pay super well.

What is your country of origin?
Last edited by jaatelo on Thu Aug 05, 2021 7:58 am, edited 1 time in total.

betelgeuse
Posts: 4081
Joined: Thu Aug 29, 2013 1:24 am

Re: Extended RP denied. Advice?

Post by betelgeuse » Wed Aug 04, 2021 4:33 pm

sillygoose wrote:
Wed Aug 04, 2021 1:30 pm
betelgeuse wrote:
Tue Aug 03, 2021 10:53 pm
sillygoose wrote:
Tue Aug 03, 2021 9:56 pm
In case my appeal was denied, what would be the next best course of action to take?
The one recommended to you by a lawyer familiar with your case.
Well, ideally. The thing is I'm not too confident with the public lawyer representing me. She doesn't seem to have a great grasp of immigration laws and often refer me to Migri for those stuff. She even made me reapply for an extended permit after lodging my appeal, which was then instantly denied. I later learned that that was not allowed.

Anyway, let me expand my question. In case the administrative court denied my appeal but then allowed me to re-appeal to the supreme administrative court, would it be better to file that appeal or just concede defeat, go back to my home country, then apply for a new residence permit instead? I'm assuming that the appeal to the administrative court would take a long time and applying for a new residence permit would be faster. Or would a negative case impact my application for a new residence permit?
Applying from abroad has many downsides. For example, it would reset the time required for a P permit. It's also possible to try both. As a side note it's the supreme administrative court instead of the administrative court that decides whether an appeal is allowed.

simplyann
Posts: 23
Joined: Sat Oct 19, 2019 10:11 am

Re: Extended RP denied. Advice?

Post by simplyann » Thu Aug 05, 2021 11:37 pm

sillygoose wrote:
Wed Aug 04, 2021 1:30 pm
betelgeuse wrote:
Tue Aug 03, 2021 10:53 pm
sillygoose wrote:
Tue Aug 03, 2021 9:56 pm
In case my appeal was denied, what would be the next best course of action to take?
The one recommended to you by a lawyer familiar with your case.
Well, ideally. The thing is I'm not too confident with the public lawyer representing me. She doesn't seem to have a great grasp of immigration laws and often refer me to Migri for those stuff. She even made me reapply for an extended permit after lodging my appeal, which was then instantly denied. I later learned that that was not allowed.

Anyway, let me expand my question. In case the administrative court denied my appeal but then allowed me to re-appeal to the supreme administrative court, would it be better to file that appeal or just concede defeat, go back to my home country, then apply for a new residence permit instead? I'm assuming that the appeal to the administrative court would take a long time and applying for a new residence permit would be faster. Or would a negative case impact my application for a new residence permit?

Your negative decision would not affect your new RP application. Happened to me before, I got negative decision because TE gave partial nega decision. I filed an appeal to the court and applied another RP at the same time. 1 month later, the court "dismissed/cancelled" the appeal because TE already gave a positive partial decision (for my new application) then 1 month later again I got positive decision from migri

sillygoose
Posts: 7
Joined: Sat Jan 11, 2020 2:20 pm

Re: Extended RP denied. Advice?

Post by sillygoose » Fri Aug 06, 2021 11:15 am

betelgeuse wrote:
Wed Aug 04, 2021 4:33 pm

Applying from abroad has many downsides. For example, it would reset the time required for a P permit. It's also possible to try both. As a side note it's the supreme administrative court instead of the administrative court that decides whether an appeal is allowed.
Thank you for clarifying. While on appeal, though, do I need to exit the country and apply for a new residence permit?

sillygoose
Posts: 7
Joined: Sat Jan 11, 2020 2:20 pm

Re: Extended RP denied. Advice?

Post by sillygoose » Fri Aug 06, 2021 11:20 am

simplyann wrote:
Thu Aug 05, 2021 11:37 pm
Your negative decision would not affect your new RP application. Happened to me before, I got negative decision because TE gave partial nega decision. I filed an appeal to the court and applied another RP at the same time. 1 month later, the court "dismissed/cancelled" the appeal because TE already gave a positive partial decision (for my new application) then 1 month later again I got positive decision from migri
Thank you, simplyann

When you applied for another RP, was that a new RP or an extended RP? Were you still in Finland at that time? And what was the reason for the negative decision, if you don't mind me asking?

betelgeuse
Posts: 4081
Joined: Thu Aug 29, 2013 1:24 am

Re: Extended RP denied. Advice?

Post by betelgeuse » Fri Aug 06, 2021 11:45 am

sillygoose wrote:
Fri Aug 06, 2021 11:15 am
betelgeuse wrote:
Wed Aug 04, 2021 4:33 pm

Applying from abroad has many downsides. For example, it would reset the time required for a P permit. It's also possible to try both. As a side note it's the supreme administrative court instead of the administrative court that decides whether an appeal is allowed.
Thank you for clarifying. While on appeal, though, do I need to exit the country and apply for a new residence permit?
” If you apply to the Supreme Administrative Court for leave to appeal, this will not prevent the enforcement of the negative decision unless the Supreme Administrative Court expressly orders that it may not be enforced.”

https://migri.fi/en/refusal-of-entry-and-deportation

nimap
Posts: 53
Joined: Fri Nov 01, 2019 10:07 pm

Re: Extended RP denied. Advice?

Post by nimap » Fri Aug 13, 2021 10:20 am

sillygoose wrote:
Wed Aug 04, 2021 1:30 pm
Well, ideally. The thing is I'm not too confident with the public lawyer representing me. She doesn't seem to have a great grasp of immigration laws and often refer me to Migri for those stuff. She even made me reapply for an extended permit after lodging my appeal, which was then instantly denied. I later learned that that was not allowed.
Look for lawyers specialized in immigration laws. There are few facebook groups for foreigners where people who have faced similar problems before, will suggest you which lawyer solved their issues. If you are in facebook then join such groups and ask if there are any lawyers specialized in immigration laws. I came to one public group post, hope it helps. https://www.facebook.com/groups/foreign ... 8078934675

User avatar
rinso
Posts: 3931
Joined: Fri Aug 25, 2006 7:22 pm

Re: Extended RP denied. Advice?

Post by rinso » Fri Aug 13, 2021 10:51 am

I think that while exploring the "what if" situations, you make everything too complicated.
TE-keskus had an interpretation that does not reflect the real situation. You can make this clear in your appeal. Based on what you wrote here, I expect the administrative court will grant your appeal.
I suggest you wait for that appeal before starting any parallel actions. And if you don't trust your lawyer, you could look for a better one in the meantime.

User avatar
network_engineer
Posts: 752
Joined: Wed Nov 26, 2003 10:21 am

Re: Extended RP denied. Advice?

Post by network_engineer » Fri Aug 13, 2021 5:10 pm

Hei,

This seems more like a procedural error.

I don't think you would have needed an appeal, but it certainly shows that they have possibly missed the pertinent information. It is often good to explain in a simple letter.

But now that you have filed an appeal, it should be ok.

I agree that the lawyers here are hard to find. Daryl is a great person, very helpful. If he is not available, and you need help, PM me.

Kind regards.


Post Reply