divorce in finland

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fintel
Posts: 175
Joined: Sat Sep 14, 2019 4:00 pm

divorce in finland

Post by fintel » Thu Sep 19, 2019 6:52 pm

I am non-EU and have been married for 2 years to an EU citizen and now my spouse is seeking divorce. I have a residence card based on family ties which is valid for another 3 years. It takes about 6 months for the divorce to get finalized in the court. Will migri automatically cancel my residence card when the divorce happens? What should I do if I wish to continue to stay in Finland after the divorce?

-Fintel


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divorce in finland

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betelgeuse
Posts: 4353
Joined: Thu Aug 29, 2013 1:24 am

Re: divorce in finland

Post by betelgeuse » Thu Sep 19, 2019 10:28 pm

fintel wrote:
Thu Sep 19, 2019 6:52 pm
I am non-EU and have been married for 2 years to an EU citizen and now my spouse is seeking divorce. I have a residence card based on family ties which is valid for another 3 years. It takes about 6 months for the divorce to get finalized in the court. Will migri automatically cancel my residence card when the divorce happens? What should I do if I wish to continue to stay in Finland after the divorce?
They have the right to cancel your permit but the process is not automatic. You need to find other grounds for a residence permit.

jarikaija
Posts: 145
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Location: Finland Ylikiiminki
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Re: divorce in finland

Post by jarikaija » Sun Sep 22, 2019 2:06 pm

fintel wrote:
Thu Sep 19, 2019 6:52 pm
I am non-EU and have been married for 2 years to an EU citizen and now my spouse is seeking divorce. I have a residence card based on family ties which is valid for another 3 years. It takes about 6 months for the divorce to get finalized in the court. Will migri automatically cancel my residence card when the divorce happens? What should I do if I wish to continue to stay in Finland after the divorce?

-Fintel
Mmmmm, what I know, RP is not cancelled automatically... But, next
time, when you are going to ask extension for RP or permanent residence
or citizens ship (I suppose your time at finland is then over 4 years already),
you can't use "family ties" as reason as earlier to stay at country (if not
married again). If you are at work and have salary good enough, then no
problem, just changing RP for "work tied" type when your current RP is going to
end...

vla
Posts: 262
Joined: Fri Nov 30, 2018 12:23 am

Re: divorce in finland

Post by vla » Sun Sep 22, 2019 2:40 pm

jarikaija wrote:
Sun Sep 22, 2019 2:06 pm
fintel wrote:
Thu Sep 19, 2019 6:52 pm
I am non-EU and have been married for 2 years to an EU citizen and now my spouse is seeking divorce. I have a residence card based on family ties which is valid for another 3 years. It takes about 6 months for the divorce to get finalized in the court. Will migri automatically cancel my residence card when the divorce happens? What should I do if I wish to continue to stay in Finland after the divorce?

-Fintel
Mmmmm, what I know, RP is not cancelled automatically... But, next
time, when you are going to ask extension for RP or permanent residence
or citizens ship (I suppose your time at finland is then over 4 years already),
you can't use "family ties" as reason as earlier to stay at country (if not
married again). If you are at work and have salary good enough, then no
problem, just changing RP for "work tied" type when your current RP is going to
end...
I have a residence permit for specialist worker for two years. After 6 months they requested me to submit a few documents to prove that I still have a work contract and all the salaries I have received during that period. In the letter they sent me they stated that if I don't satisfy the requirements for the residence permit anymore, they can cancel it. I had everything in order so there was no problem, but the point is that they can request you for clarification at any point, and at any point they can cancel your residence permit if you don't satisfy the requirements anymore. So if you have a job I would suggest changing the grounds of your residence permit or be very prepared if they ask you for clarification.

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fintel
Posts: 175
Joined: Sat Sep 14, 2019 4:00 pm

Re: divorce in finland

Post by fintel » Mon Sep 23, 2019 2:12 pm

vla wrote:
Sun Sep 22, 2019 2:40 pm
Mmmmm, what I know, RP is not cancelled automatically... But, next
time, when you are going to ask extension for RP or permanent residence
or citizens ship (I suppose your time at finland is then over 4 years already),
you can't use "family ties" as reason as earlier to stay at country (if not
married again). If you are at work and have salary good enough, then no
problem, just changing RP for "work tied" type when your current RP is going to
end...
The migri website says for permanent resident requirement page:

"In most cases, your grounds for a permanent residence permit are the same as they were for your previous, continuous residence permit."

If i want to maintain similar grounds for permanent residency application then I would have to prove family ties again, so that means getting married again to someone else or show that I have a child or something. Changing to work base permit seems to be an option too but someone said that short marriages are seen as a negative from migration point of view because marriages are supposed to be more permanent. But if you have lived here four years then I think the grounds could change from family to work and I would still be okay.
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betelgeuse
Posts: 4353
Joined: Thu Aug 29, 2013 1:24 am

Re: divorce in finland

Post by betelgeuse » Mon Sep 23, 2019 3:30 pm

fintel wrote:
Mon Sep 23, 2019 2:12 pm
If i want to maintain similar grounds for permanent residency application then I would have to prove family ties again, so that means getting married again to someone else or show that I have a child or something. Changing to work base permit seems to be an option too but someone said that short marriages are seen as a negative from migration point of view because marriages are supposed to be more permanent. But if you have lived here four years then I think the grounds could change from family to work and I would still be okay.
A short marriage could be problematic for another marriage based permit but not really for a work based one.

Maeke
Posts: 79
Joined: Sat May 11, 2019 8:16 pm

Re: divorce in finland

Post by Maeke » Mon Sep 23, 2019 5:10 pm

I found this on the EU website. Hope it can help in your case

<<What happens to your residence rights if you divorce your spouse?
If you divorce your EU spouse before they acquired permanent residence in their host country (which usually requires them to have lived there for 5 years) - you may stay if:

you have been living there for at least 1 year, and
your marriage lasted for at least 3 years before divorce proceedings started
You can also stay if you have:

custody of your child(ren) or
the right to see your minor child(ren), as long as the court ruled that such access must be in the host EU country
In the case of your right of access to a minor child, you can stay in the host EU country for as long as this is required.

To be able to stay, you must meet the same conditions for residence as EU nationals. Check the conditions and formalities for:

workers
pensioners
Equal treatment
During your stay you should be treated in the same way as nationals of your host country, notably regarding access to employment, pay, benefits, access to work and enrolment in schools.

If you are a spouse of a pensioner, some EU countries may decide not to grant you and your family income support for your first 3 months in that country
.>>

betelgeuse
Posts: 4353
Joined: Thu Aug 29, 2013 1:24 am

Re: divorce in finland

Post by betelgeuse » Mon Sep 23, 2019 9:07 pm

betelgeuse wrote:
Thu Sep 19, 2019 10:28 pm
fintel wrote:
Thu Sep 19, 2019 6:52 pm
I am non-EU and have been married for 2 years to an EU citizen and now my spouse is seeking divorce. I have a residence card based on family ties which is valid for another 3 years. It takes about 6 months for the divorce to get finalized in the court. Will migri automatically cancel my residence card when the divorce happens? What should I do if I wish to continue to stay in Finland after the divorce?
They have the right to cancel your permit but the process is not automatic. You need to find other grounds for a residence permit.
I for some reason mistakenly read the original post to refer to residence permits. Probably because for free movement it’s not really that the card would be cancelled but the right of residence ceases to exists unless the requirements Maeke quoted exist.


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