Continuous permits and separation

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Emmanuel_Hk
Posts: 2
Joined: Wed Dec 09, 2020 8:22 pm

Continuous permits and separation

Post by Emmanuel_Hk » Fri Dec 11, 2020 3:40 pm

Hello friends please I need your help and advice. I came to Finland through marriage ties in January 2017 and got my first one year A permit in August of that same year, and now, am on my 4 year continuous A permit of 4 years which will expire in August 2022.. I am a student in one of the stadin ammattiopisto and my graduation is 30.5.2022 and am also a part-time work..recently my wife moved out of the house to another apartment and changed her address to where she moved saying she wanted separation from the marriage.. my question is how does this issue or problem effect my permit? Will I be able to get my permanent permit if she continues on separation and different address? Will my permit be canceled? Will I be allowed to stay in Finland? What are my chances and disadvantages please help😢😢😢🙏



Continuous permits and separation

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FinlandGirl
Posts: 562
Joined: Sat Nov 09, 2019 10:43 am

Re: Continuous permits and separation

Post by FinlandGirl » Sat Dec 12, 2020 3:47 pm

Emmanuel_Hk wrote:
Fri Dec 11, 2020 3:40 pm
recently my wife moved out of the house to another apartment and changed her address to where she moved saying she wanted separation from the marriage..
So soon she will file for divorce, and 6 months later you will no longer be married?
Emmanuel_Hk wrote:
Fri Dec 11, 2020 3:40 pm
my question is how does this issue or problem effect my permit? Will I be able to get my permanent permit if she continues on separation and different address? Will my permit be canceled? Will I be allowed to stay in Finland?
A residence permit can be cancelled when the reason for staying in Finland no longer exists.

betelgeuse
Posts: 3726
Joined: Thu Aug 29, 2013 1:24 am

Re: Continuous permits and separation

Post by betelgeuse » Sat Dec 12, 2020 7:14 pm

FinlandGirl wrote:
Sat Dec 12, 2020 3:47 pm
Emmanuel_Hk wrote:
Fri Dec 11, 2020 3:40 pm
recently my wife moved out of the house to another apartment and changed her address to where she moved saying she wanted separation from the marriage..
So soon she will file for divorce, and 6 months later you will no longer be married?
If there’s room for negotiation, it wouldn’t take much delay to be able to get permanent before the divorce is final.

FinlandGirl
Posts: 562
Joined: Sat Nov 09, 2019 10:43 am

Re: Continuous permits and separation

Post by FinlandGirl » Sat Dec 12, 2020 8:12 pm

betelgeuse wrote:
Sat Dec 12, 2020 7:14 pm
FinlandGirl wrote:
Sat Dec 12, 2020 3:47 pm
Emmanuel_Hk wrote:
Fri Dec 11, 2020 3:40 pm
recently my wife moved out of the house to another apartment and changed her address to where she moved saying she wanted separation from the marriage..
So soon she will file for divorce, and 6 months later you will no longer be married?
If there’s room for negotiation, it wouldn’t take much delay to be able to get permanent before the divorce is final.
Extension/permanent based on family ties is already gone due to the separation.
EXTENDED PERMIT APPLICATION; RESIDENCE PERMIT ON THE BASIS OF FAMILY TIES wrote: Do you live in the same household with the family members mentioned above?
Yes
No, I have separated from my spouse/guardians, date:

Do you intend to continue living together as spouses/as a family in Finland?
Yes
No

betelgeuse
Posts: 3726
Joined: Thu Aug 29, 2013 1:24 am

Re: Continuous permits and separation

Post by betelgeuse » Sat Dec 12, 2020 10:59 pm

FinlandGirl wrote:
Sat Dec 12, 2020 8:12 pm
Extension/permanent based on family ties is already gone due to the separation.
EXTENDED PERMIT APPLICATION; RESIDENCE PERMIT ON THE BASIS OF FAMILY TIES wrote: Do you live in the same household with the family members mentioned above?
Yes
No, I have separated from my spouse/guardians, date:

Do you intend to continue living together as spouses/as a family in Finland?
Yes
No
I don't know how exactly they process those answers, but I don't see any support in the Aliens Act that before the divorce is final, there would be basis to deny a residence permit. I assume those questions are there to deduce whether it would happen during the processing of the application.

FinlandGirl
Posts: 562
Joined: Sat Nov 09, 2019 10:43 am

Re: Continuous permits and separation

Post by FinlandGirl » Sun Dec 13, 2020 3:06 am

betelgeuse wrote:
Sat Dec 12, 2020 10:59 pm
FinlandGirl wrote:
Sat Dec 12, 2020 8:12 pm
Extension/permanent based on family ties is already gone due to the separation.
EXTENDED PERMIT APPLICATION; RESIDENCE PERMIT ON THE BASIS OF FAMILY TIES wrote: Do you live in the same household with the family members mentioned above?
Yes
No, I have separated from my spouse/guardians, date:

Do you intend to continue living together as spouses/as a family in Finland?
Yes
No
I don't know how exactly they process those answers, but I don't see any support in the Aliens Act that before the divorce is final, there would be basis to deny a residence permit. I assume those questions are there to deduce whether it would happen during the processing of the application.
Looking only at one act is never sufficient since other acts are equal, and case law also matters.

Based solely on a literal reading of the Aliens Act, Migri would not even have the right to deny a Residence Permit to a spouse in a marriage that obviously and openly only exists for obtaining a Residence Permit without any intention of the spouses to ever meet.

betelgeuse
Posts: 3726
Joined: Thu Aug 29, 2013 1:24 am

Re: Continuous permits and separation

Post by betelgeuse » Sun Dec 13, 2020 10:46 am

FinlandGirl wrote:
Sun Dec 13, 2020 3:06 am
Looking only at one act is never sufficient since other acts are equal, and case law also matters.
More important than case law is prepatory material such as government proposals (hallituksen esitykset).
FinlandGirl wrote:
Sun Dec 13, 2020 3:06 am
Based solely on a literal reading of the Aliens Act, Migri would not even have the right to deny a Residence Permit to a spouse in a marriage that obviously and openly only exists for obtaining a Residence Permit without any intention of the spouses to ever meet.
This is accounted for in the Aliens Act.

pikku_tatti25
Posts: 9
Joined: Thu Jun 11, 2020 9:26 pm

Re: Continuous permits and separation

Post by pikku_tatti25 » Mon Dec 14, 2020 10:00 am

Hi!

I hope this will help. My friend was in a similar situation. He applied for PR while waiting for the divorce to be final; at that time his period of residence is a bit more than 3,5 years and he has had full-time work contract. In the application, he stated clearly that he was going through the process of divorce and applied on basis of family ties as per his current residence permit, but wished to change to basis of work if needed. Migri then changed the applying ground to the latter and granted him PR status after 6 months.

Wish you all the best.

Emmanuel_Hk
Posts: 2
Joined: Wed Dec 09, 2020 8:22 pm

Re: Continuous permits and separation

Post by Emmanuel_Hk » Wed Dec 16, 2020 12:05 am

Thank you so much all for the kind and clear advice on my post.. at this time I am still a student with 1 and half years left to complete.. though I have a part-time work with salary of around 1500 euros a month will it still affect me a a part time contract even though I earn basic salary that covers my expense? And will been separated from my wife affect the decision of PR permit? Or will it only affect if divorced? Thanks once again please help a brother


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