How to appeal Negative Decision of Residence Permit

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Violetranger
Posts: 3
Joined: Thu May 30, 2019 10:25 am

How to appeal Negative Decision of Residence Permit

Post by Violetranger » Thu May 30, 2019 10:56 am

Terve,

I am Riza from Philippines, married to a Finnish man since November 2015, I have proved my identity on March 2018 but did not pay the processing fee. The interviewer told me it's ok and that I can pay later. She also explained to me that the start of counting the process is as soon as I pay the fee. My first intended date of entry to Finland was May 2019, which is supposedly this month but I decided to move on March 2020 which is a year later.

On February 2019, I received an email from Enterfinkand.fi requesting me for Supplementary information which is my payment. I called the Immigration customer service if ever I will pay the fee, will it immediately start the counting of the process of my application even if I want to move to Finland on March 2020.

She said that it's okay to pay and that I just have to write a signed letter about my change of intended date of entry to Finland. So I wrote a letter, signed it and paid the processing fee then submitted to Enterfinland.fi

I was surprised and devastated when I received a negative decision after 2 months since I paid the processing fee. What I really thought is that I will wait 6-9 months of processing my application.

The reason they cannot give me a positive decision of my residence permit are the following:

1) Failure of submitting the Legalized Marriage certificate

- I submitted a photocopy of Legalized Marriage certificate same time of taking my biometrics, which accepted by the interviewer in Finnish embassy in Kuala Lumpur
- I was requested to submit a new copy of Legalized Marriage certificate which I submitted through the Consular Office of Finland in Manila as adviced by the authority

2) the applicant and the sponsor are not yet moving to Finland, apply again to the nearer time of intended date of entry

- my biometrics was taken on March 2018, but I paid on March 2019, I was expecting that the start of counting the process of my application will be on April 2019, estimated 6-9 months of waiting but I got negative result within 2 months which made me so frustrated.


My question is, how and where can I appeal this matter? I am living in the Philippines with my Finnish husband since we got married on 2015. He has never returned to Finland since he arrived here for our wedding.

I was really expecting that I will get approved but unfortunately, I received a negative one.


Can someone help me where can I send my appeal through email? Thanks!



How to appeal Negative Decision of Residence Permit

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nikskate
Posts: 30
Joined: Thu Jan 02, 2014 4:47 pm

Re: How to appeal Negative Decision of Residence Permit

Post by nikskate » Thu May 30, 2019 3:54 pm

Usually an instruction on how to appeal is enclosed or noted with the decision. If not, then it is possible that it is not open to appeal. https://migri.fi/en/instructions-for-appealing

Try to email or call them and ask for the next step. Although I have a feeling that in your case, you just have to reapply and make sure to supply all the requirements especially the missing requirements that led to you getting a negative decision. Good luck!

tavastia
Posts: 455
Joined: Tue Mar 08, 2016 1:54 pm

Re: How to appeal Negative Decision of Residence Permit

Post by tavastia » Fri May 31, 2019 6:37 am

Appealing the decision may take longer than a new application. Next time make sure you follow the process, have all the required documents and pay the application fee latest when you have the biometrics taken. Good luck.

heretostay
Posts: 272
Joined: Sat Apr 08, 2017 12:54 pm

Re: How to appeal Negative Decision of Residence Permit

Post by heretostay » Fri May 31, 2019 8:22 am

It’s a catch 22 situation. Migri wants applications submitted 90 days before the move but processing often takes longer than that. I suggest submitting a new application with a move date 90 days from application date and then only AFTER you get the permit approval “your plans change”. It is no problem to move later than intended as long as you are still within the permit validity. If your application is processed quickly, you will have to renew earlier. Pain in the butt but Migri can’t just hold on to applications for years. Problem is that you have already told them March 2020 and a sooner date might look suspicious.

Violetranger
Posts: 3
Joined: Thu May 30, 2019 10:25 am

Re: How to appeal Negative Decision of Residence Permit

Post by Violetranger » Fri May 31, 2019 8:23 am

I did not go to the Embassy for my actual application, that was only for my biometrics to be taken but when arrived in Malaysia from the Philippines, I was directly interviewed even if my appointment was only for biometrics because that time I and my husband were coming there for a vacation.

Violetranger
Posts: 3
Joined: Thu May 30, 2019 10:25 am

Re: How to appeal Negative Decision of Residence Permit

Post by Violetranger » Fri May 31, 2019 8:28 am

No, what I said before is we're planning to move on May 2019 but we did not pay the processing fee. I did not pay because I have changed my mind and that the customer service said, it's okay because the processing of my application will not start unless I pay. I was planning to pay this June 2019 but I received a request from enterfinland.fi that I have to pay within 30 days before my application will expire. It sounds crazy because what I was told is that it has no expiration and that I only went in Malaysia before for my biometrics.


If only the customer service told me the right information, I shouldn't have paid the processing fee last February.

quillcentaur
Posts: 52
Joined: Sun Jan 06, 2019 8:00 am

Re: How to appeal Negative Decision of Residence Permit

Post by quillcentaur » Fri May 31, 2019 11:47 pm

Since you have everything they need (for number 1 reason), you just have to satisfy the number 2 requirement. Apply 3 months before your intended date of entry in Finland. You should be approved then.

An appeal will probably be futile now. They want people to apply 3 months before moving.

Or if you don't want to wait in Philippines, get Schengen Visa, fly to Finland, apply for Residence Permit while you're here. You're allowed to stay in Finland even when your Schengen Visa expires.


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