To sue against the Embasy

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thuc
Posts: 1
Joined: Fri Nov 17, 2017 11:03 am

To sue against the Embasy

Post by thuc » Fri Nov 17, 2017 11:46 am

Hi everyone!
My situation: I married to my wife who has duo citizenship (Finnish and Asian) in my home country in September 2017. She has been pregnant from April and we are going to have a baby on Jan 2018. On the end of September my wife had to come back to Finland to continue studying and living ALONE in an apartment in Helsinki.
On October 2017 I asked the Embassy for the visiting visa to visit my wife in Helsinki, I declared that I need to visit my wife and apply for a RP in Finland but they DENIED my visa cause they think that I have an intention to live in Finland for more than 90 days????? The appeal time may take for more than 2 months for a new decision so I can not be with my wife when she born my baby.

My wife has a lot of health issues since pregnant. She has low-blood pressure which may stunt her anytime anywhere. Stressful and panicked due to living totally ALONE in Helsinki ( She was from Vaasa and just moved to Helsinki last year to start studying, so she has no friend here). Loss weight in the last trimester of pregnancy, the Neuvola confirmed that it's dangerous to the baby health. She absolutely need her husband to be with her right now.

Right now on the middle of November my wife had to go to the doctor to ask for the paper to fly back to my home country to born our baby. 33 weeks pregnant wife has to make a 12h+ flight to born a baby outside her home country and may cause a lot of more issues to her health and our baby.

We will not be under cover of any Kela's benefit or health care system here, which may cost a lot of money and the quality of medical care in my home country is far away as good as Finland.

So now I decided to sue against the Embassy of Finland for any damages that my family has to suffer. Do you guys here know where I can find a legit lawyer or organizations about this problem to contact.
THANK YOU!



To sue against the Embasy

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wolf80
Posts: 456
Joined: Tue Jan 17, 2012 12:43 pm
Location: Helsinki

Re: To sue against the Embasy

Post by wolf80 » Fri Nov 17, 2017 10:20 pm

thuc wrote:Hi everyone!
My situation: I married to my wife who has duo citizenship (Finnish and Asian) in my home country in September 2017. She has been pregnant from April and we are going to have a baby on Jan 2018. On the end of September my wife had to come back to Finland to continue studying and living ALONE in an apartment in Helsinki.
On October 2017 I asked the Embassy for the visiting visa to visit my wife in Helsinki, I declared that I need to visit my wife and apply for a RP in Finland but they DENIED my visa cause they think that I have an intention to live in Finland for more than 90 days????? The appeal time may take for more than 2 months for a new decision so I can not be with my wife when she born my baby.

My wife has a lot of health issues since pregnant. She has low-blood pressure which may stunt her anytime anywhere. Stressful and panicked due to living totally ALONE in Helsinki ( She was from Vaasa and just moved to Helsinki last year to start studying, so she has no friend here). Loss weight in the last trimester of pregnancy, the Neuvola confirmed that it's dangerous to the baby health. She absolutely need her husband to be with her right now.

Right now on the middle of November my wife had to go to the doctor to ask for the paper to fly back to my home country to born our baby. 33 weeks pregnant wife has to make a 12h+ flight to born a baby outside her home country and may cause a lot of more issues to her health and our baby.

We will not be under cover of any Kela's benefit or health care system here, which may cost a lot of money and the quality of medical care in my home country is far away as good as Finland.

So now I decided to sue against the Embassy of Finland for any damages that my family has to suffer. Do you guys here know where I can find a legit lawyer or organizations about this problem to contact.
THANK YOU!
Your wife also posts about your case here, doesn't she?

1) You cannot sue an embassy. The embassies belong to the Ministry for Foreign Affairs of Finland. You would have to sue the ministry at a Finnish court in Finland. Even if you had a chance, and you do not, that is lengthy process that costs an enormous amount of money. And you would have to sue in a country you are denied access to.

2) You have no case. The state of Finland can deny your visa even if you fullfill all the requirements. There simply is no right to a visa.

3) With everything going on in your life, do you think a lengthy and costly law suit against a country is a wise thing to do? I would imagine you should focus on your wife now!
Last edited by wolf80 on Sat Nov 18, 2017 11:35 am, edited 1 time in total.


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rinso
Posts: 3738
Joined: Fri Aug 25, 2006 7:22 pm

Re: To sue against the Embasy

Post by rinso » Sat Nov 18, 2017 7:39 am

You are focusing your energy in the wrong direction. Appeal the decision and explain (like here) the urgency for a quick decision. Your wife already contacted a lawyer so he can help. A lawsuit against the state will only put the whole process on hold.
Right now on the middle of November my wife had to go to the doctor to ask for the paper to fly back to my home country to born our baby. 33 weeks pregnant wife has to make a 12h+ flight to born a baby outside her home country and may cause a lot of more issues to her health and our baby.
The airline might not cooperate with a pregnancy this far. And don't you think that this might be even worse than waiting in Helsinki?


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wolf80
Posts: 456
Joined: Tue Jan 17, 2012 12:43 pm
Location: Helsinki

Re: To sue against the Embasy

Post by wolf80 » Sat Nov 18, 2017 11:40 am

rinso wrote: The airline might not cooperate with a pregnancy this far. And don't you think that this might be even worse than waiting in Helsinki?
It depends on the airline, some are ok if you have a written statement from a doctor that you are able to fly. But you should contact the airline well in advance to ask for their policy on pregnant people.


Querfeldein
Posts: 154
Joined: Fri Feb 06, 2015 8:10 pm
Location: Helsinki

Re: To sue against the Embasy

Post by Querfeldein » Mon Nov 20, 2017 11:46 pm

thuc wrote:On October 2017 I asked the Embassy for the visiting visa to visit my wife in Helsinki, I declared that I need to visit my wife and apply for a RP in Finland but they DENIED my visa cause they think that I have an intention to live in Finland for more than 90 days????? The appeal time may take for more than 2 months for a new decision so I can not be with my wife when she born my baby.
You told the embassy that you intend to visit Finland on the visum in order to apply for a residence permit (RP), but also that you plan to stay less than 90 days?
If you told them that you intend to apply for a residence permit, is not too surprising they assume that you plan to stay for longer.

Do you think that you would have a chance of getting a residence permit (I am not familiar with the criteria, or your situation)? Perhaps it is the inconsistency in your statements that caused them to refuse the visum. I would strongly recommend that you get legal advice (sometimes being refused a visum can be grounds for refusing entry in the future), but from a lawyer who is familiar with Finnish immigration matters - hopefully, you will not have to sue the government, but somehow clear up the matter.

In the meantime, I would still try to make some contingency plans for your wife, in case she has to give birth in Helsinki. Does she have any kind of support here? Depending on which country you are from, there may well be people who are willing to help (as a first try, I would perhaps look on facebook for a group of people in Helsinki from your country, there might well be one). Good luck to both of you!


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