applying for work permit while on appeal

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alexander1709
Posts: 1
Joined: Fri Jan 03, 2020 12:27 pm

applying for work permit while on appeal

Post by alexander1709 » Fri Jan 03, 2020 12:33 pm

Hi
I received a negative decision on extended student permit application to which I filed an appeal. I have now received a permanent job and I would like to apply for a work permit.
1. Am I allowed to work for 25 hours per week during appeal process?
2. Am I allowed to apply for work permit in my new job as software developer.



applying for work permit while on appeal

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betelgeuse
Posts: 3281
Joined: Thu Aug 29, 2013 1:24 am

Re: applying for work permit while on appeal

Post by betelgeuse » Fri Jan 03, 2020 3:50 pm

alexander1709 wrote:
Fri Jan 03, 2020 12:33 pm
Hi
I received a negative decision on extended student permit application to which I filed an appeal. I have now received a permanent job and I would like to apply for a work permit.
1. Am I allowed to work for 25 hours per week during appeal process?
"If we decide not to grant you an extended permit and you appeal this decision, you may continue working until your appeal has been processed."

https://migri.fi/en/working-while-your- ... -processed
alexander1709 wrote:
Fri Jan 03, 2020 12:33 pm
2. Am I allowed to apply for work permit in my new job as software developer.
Yes, the right to apply is unconditional.

Simo0000
Posts: 11
Joined: Thu Sep 12, 2019 11:39 pm

Re: applying for work permit while on appeal

Post by Simo0000 » Sun Jan 05, 2020 12:36 pm

Applying again for a new application on new basis will only complicate the appeal.

I would advise you to wait for the appeal first since you are allowed to stay in Finland until the decision is made.

FinlandGirl
Posts: 151
Joined: Sat Nov 09, 2019 10:43 am

Re: applying for work permit while on appeal

Post by FinlandGirl » Sun Jan 05, 2020 2:12 pm

Simo0000 wrote:
Sun Jan 05, 2020 12:36 pm
I would advise you to wait for the appeal first since you are allowed to stay in Finland until the decision is made.
This might be bad advise.
The right to stay in Finland ceases after a final negative decision, and the purpose of the second application would be to get a decision on that earlier.
betelgeuse wrote:
Fri Jan 03, 2020 3:50 pm
alexander1709 wrote:
Fri Jan 03, 2020 12:33 pm
2. Am I allowed to apply for work permit in my new job as software developer.
Yes, the right to apply is unconditional.
This is both correct and misleading.
Will Migri process the application while the appeal of the other permit is still pending? It is possible that Migri waits for the final decision of the appeal before starting to process the new application.
Will Migri easily approve the application when an application on different grounds was recently rejected? Was the negative decision due to lack of study progress? It is not wanted that people who want to work in Finland apply for student permits and then work instead of studying.

This needs a Finnish lawyer specialized on immigration who knows both the law and how Migri handles such cases.

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rinso
Posts: 3845
Joined: Fri Aug 25, 2006 7:22 pm

Re: applying for work permit while on appeal

Post by rinso » Sun Jan 05, 2020 2:55 pm

1. Am I allowed to work for 25 hours per week during appeal process?
2. Am I allowed to apply for work permit in my new job as software developer.
As the answer on both points is yes, it might not be wise to use both at the same time.

arfhamza
Posts: 17
Joined: Tue Aug 27, 2019 1:11 pm

Re: applying for work permit while on appeal

Post by arfhamza » Sun Jan 05, 2020 7:28 pm

I have asked migri once about reapplying while waiting for an appeal, and they promised that each application is treated separately.
I can't say if that's true or false, but we all hope for the best here. Stay strong
If you feel the need to reapply, i cant see any reason why not to.
Just make sure that you have all the requirements

dani93
Posts: 2
Joined: Thu Feb 06, 2020 4:07 pm

Re: applying for work permit while on appeal

Post by dani93 » Mon Feb 10, 2020 11:51 am

I have also received status on my application that authorities will contact me. I am still not sure if it is a positive decision or a negative decision. The situation here is that I switched a job and now I am thinking of applying for specialist residence permit. Is it possible to apply for new residence permit while waiting for negative decision to be served

Maeke
Posts: 65
Joined: Sat May 11, 2019 8:16 pm

Re: applying for work permit while on appeal

Post by Maeke » Mon Feb 10, 2020 9:50 pm

From reading through these blog pages, seems like many people were able to apply on a different permit category while being on appeal on their original category. But they first waited for their negative decision to be served. So here is what I would do if I were in your shoes:
Step 1: - wait for the authorities to serve to you the (probably) negative decision.
Step 2: - Apply immediately, which legally extends your right of work/stay as the appeal process is launched (and is lenghty)
Step 3: - Apply on the other category.

Steps 2 &3 can happen at the same time and will be treated separately.


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