Could my half brother sponsor me for a residence permit?

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whatmika
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Could my half brother sponsor me for a residence permit?

Post by whatmika » Sat May 23, 2020 3:08 am

Hi!

I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri? Just curious to see if that can work out. Thanks!



Could my half brother sponsor me for a residence permit?

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FinlandGirl
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Re: Could my half brother sponsor me for a residence permit?

Post by FinlandGirl » Sat May 23, 2020 12:59 pm

whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri?
No.

Exceptional reasons like "absolutely require to give the relative personal care" do not even remotely apply to you. Most people (especially older people) have some medical problems that impede their daily life, a 90 year old uncle would not get a residence permit despite the average 90 year old being more impended in his life than you are.

Your brother can move back to the United States if you want to live together.

betelgeuse
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Re: Could my half brother sponsor me for a residence permit?

Post by betelgeuse » Sat May 23, 2020 1:28 pm

FinlandGirl wrote:
Sat May 23, 2020 12:59 pm
whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri?
No.

Exceptional reasons like "absolutely require to give the relative personal care" do not even remotely apply to you. Most people (especially older people) have some medical problems that impede their daily life, a 90 year old uncle would not get a residence permit despite the average 90 year old being more impended in his life than you are.

Your brother can move back to the United States if you want to live together.
The situation is lacking in information to analyse properly. If the brother is Finnish, this is a Surinder Singh case and EU free movement is used. In this case any talk about residence permits is irrelevant. The potential route would be as "other" family member.

https://eumovement.wordpress.com/2008/0 ... ficiaries/

If living together happened too long ago to be relevant any more, then the route would be through reestablishing the household in the USA.

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fintel
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Re: Could my half brother sponsor me for a residence permit?

Post by fintel » Mon May 25, 2020 1:36 am

whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. Are there any situations where this could work out with Migri? Just curious to see if that can work out. Thanks!
Is your brother an EU Citizen?

It could work if your brother is an EU national and then he can sponsor you under EU family laws (EEA family permit). The requirement for that is to show documentation that proves that your bother has been sending you money regularly over a period of time. The idea here is to show that you are a family partner with whom the Union citizen has a durable relationship.

However, in any immigration scenario, you must remember that the host country is trying to invite healthy migrants. People who are going to be an asset to the economy and not going to become a liability. So the most basic requirement is that you have to be healthy and not pose a national security risk. If you don't clear these two conditions, the other factors like family etc are not weighed in the same.

In Finland where healthcare is subsidized by the government, you will immediately be recognized as a liability. Bipolar disorder is a psychological disorder and it does not stop you from working or performing a job. And "Half brother" is probably not even considered a real family member according to EU law. This family status is generally reserved for spouse, parents, children, etc. However, if you still wish to proceed, and I am assuming your half brother is an EU citizen, then he can invite you under EU family laws.

Example:

A french national who currently works in Finland and he can prove that he has regularly sent money to his brother who is a US national living in USA. Does this establish that the brother is dependent on him, and he has the right to reside with him in Finland?

Answer: Not necessarily - It is Finnish authorities who will decide, after an extensive examination of your personal circumstances, whether or not you are dependent on him. The European Court of Justice has held that the EU countries enjoy a wide discretion in setting the requirements as to the nature and duration of the dependence.

Read EU Directive 2004/38 Article 3 for more information on extended family members.
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Upphew
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Re: Could my half brother sponsor me for a residence permit?

Post by Upphew » Mon May 25, 2020 9:39 am

FinlandGirl wrote:
Sat May 23, 2020 12:59 pm
whatmika wrote:
Sat May 23, 2020 3:08 am
I currently have a disability (bipolar disorder 1), that impedes on my daily life. My half brother used to live with me in the United States, but then he had to move back to Finland. I used to live a very strong family life with my brother. He currently now lives in France. Is it possible to acquire a residence permit based on close family ties, or to possibly get a residence permit based on the grounds that I have a disability and wish to resume close family life again? One could say that I'm disabled and dependent on my half brother, would that be grounds for a residence permit? Are there any situations where this could work out with Migri?
No.

Exceptional reasons like "absolutely require to give the relative personal care" do not even remotely apply to you. Most people (especially older people) have some medical problems that impede their daily life, a 90 year old uncle would not get a residence permit despite the average 90 year old being more impended in his life than you are.

Your brother can move back to the United States if you want to live together.
I'm no expert on immigration, but hanging on this forum has made me aware how stuff tends to work in Finland. OP's bro lives in France. https://www.welcometofrance.com/
http://google.com http://translate.google.com http://urbandictionary.com
Visa is for visiting, Residence Permit for residing.

betelgeuse
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Re: Could my half brother sponsor me for a residence permit?

Post by betelgeuse » Mon May 25, 2020 2:06 pm

fintel wrote:
Mon May 25, 2020 1:36 am
It could work if your brother is an EU national and then he can sponsor you under EU family laws (EEA family permit).
EEA family permits are a UK concept irrelevant to Finland.

https://en.wikipedia.org/wiki/European_ ... ily_Permit
fintel wrote:
Mon May 25, 2020 1:36 am
However, in any immigration scenario, you must remember that the host country is trying to invite healthy migrants. People who are going to be an asset to the economy and not going to become a liability. So the most basic requirement is that you have to be healthy and not pose a national security risk. If you don't clear these two conditions, the other factors like family etc are not weighed in the same.
Under EU law there can be public health justifications to deny residence but it's much more narrow than what you imply here. See section 156a

https://www.finlex.fi/fi/laki/kaannokse ... 101152.pdf

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fintel
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Re: Could my half brother sponsor me for a residence permit?

Post by fintel » Mon May 25, 2020 11:21 pm

betelgeuse wrote:
Mon May 25, 2020 2:06 pm
EEA family permits are a UK concept irrelevant to Finland.
No it is not irrelevant.

EEA family permit is the same thing as "Residence Card for an EU Family member" in Finland.

The basic principle is the same.

Surinder Singh, as you like to quote so very much, is irrelevant because it relates to spouses of union citizens and EU member states.

Re-establishing household back in USA does not qualify OP for a Surinder Singh case becasue USA is not an EEA member state.
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fintel
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Re: Could my half brother sponsor me for a residence permit?

Post by fintel » Mon May 25, 2020 11:32 pm

betelgeuse wrote:
Mon May 25, 2020 2:06 pm

Under EU law there can be public health justifications to deny residence but it's much more narrow than what you imply here. See section 156a

https://www.finlex.fi/fi/laki/kaannokse ... 101152.pdf
I am not a lawyer and I do not provide legal advice. I provide common sense advice.

Do not write "I HAVE CANCER" on your CV when applying for a job.. is all I am saying.
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betelgeuse
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Re: Could my half brother sponsor me for a residence permit?

Post by betelgeuse » Tue May 26, 2020 12:27 am

fintel wrote:
Mon May 25, 2020 11:21 pm
betelgeuse wrote:
Mon May 25, 2020 2:06 pm
EEA family permits are a UK concept irrelevant to Finland.
No it is not irrelevant.

EEA family permit is the same thing as "Residence Card for an EU Family member" in Finland.

The basic principle is the same.
It's not. EEA family permit has been ruled by the European Court of Justice to be with issues.

"Both Article 35 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC and Article 1 of the Protocol (No 20) on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland must be interpreted as not permitting a Member State to require, in pursuit of an objective of general prevention, family members of a citizen of the European Union who are not nationals of a Member State and who hold a valid residence card, issued under Article 10 of Directive 2004/38 by the authorities of another Member State, to be in possession, pursuant to national law, of an entry permit, such as the EEA (European Economic Area) family permit, in order to be able to enter its territory"

http://curia.europa.eu/juris/document/d ... id=1508984

Residence Card for en EU family member is not an entry permit because you can't get it before entering the country for the first time.
fintel wrote:
Mon May 25, 2020 11:21 pm
Surinder Singh, as you like to quote so very much, is irrelevant because it relates to spouses of union citizens and EU member states.

Re-establishing household back in USA does not qualify OP for a Surinder Singh case becasue USA is not an EEA member state.
The Finnish Aliens Act disagrees with you due to ECJ in Metock:

"Vaikka Metock-tuomiossa kyse ei ole ensimmäisestä maahantulosta unionin alueelle, tuomiossa olevan tulkinnan mukaan vapaan liikkuvuuden direktiivin ja ulkomaalaislain 10 luvun soveltamisalaan tulisi kuulua Suomeen jo tulleiden perheenjäsenten lisäksi ne perheenjäsenet, jotka ovat pyrkimässä Suomeen suoraan kolmannesta maasta. Kun aiempaa laillista oleskelua toisessa jäsenvaltiossa ei enää saa edellyttää, suoraa saapumista kolmannesta maasta ei enää voida sulkea pois 10 luvun soveltamisen piiristä. Tämä helpottaa vapaan liikkuvuuden perusoikeuden käyttämistä myös niissä tapauksissa, joissa perheenjäsen tulee suoraan kolmannesta valtiosta.

Ulkomaalaislain 153 §:n 3 ja 4 momentista ehdotetaan poistettavaksi lauseet, joissa ulkomaalaislain 10 luvun soveltamisala rajataan koskemaan vain niitä perheenjäseniä, jotka ennen siirtymistään ovat oleskelleet unionin kansalaisen kanssa toisessa jäsenvaltiossa laillisesti ja muutoin kuin tilapäisesti. EY-tuomioistuin on katsonut, että tällainen edellytys rajoittaa unionin kansalaisen vapaata liikkuvuutta. Säännösten sanamuoto vastaisi muutoksen jälkeen direktiivin sanamuotoa."

https://www.finlex.fi/fi/esitykset/he/2009/20090077

All emphasis added in the quotes are my additions and not in the originals.

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fintel
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Re: Could my half brother sponsor me for a residence permit?

Post by fintel » Tue May 26, 2020 1:10 am

betelgeuse wrote:
Tue May 26, 2020 12:27 am
>> EEA family permit is the same thing as "Residence Card for an EU Family member" in Finland.

It's not. EEA family permit has been ruled by the European Court of Justice to be with issues.
Residence Card for en EU family member is not an entry permit because you can't get it before entering the country for the first time.
For OP reference, the term "EEA family permit" holds more meaning for him and will yield many results with a simple Google search because UK has published more information on the issue, having dealt with many similar cases of family law. An entry permit eventually leads to a card. All I meant was any card issued under Directive 2004/38/EC.

Also, if OP's brother is a US citizen and not an EU citizen then this whole thread is pointless because he is unable to sponsor under EU laws.
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betelgeuse
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Re: Could my half brother sponsor me for a residence permit?

Post by betelgeuse » Tue May 26, 2020 1:25 am

fintel wrote:
Tue May 26, 2020 1:10 am
For OP reference, the term "EEA family permit" holds more meaning for him and will yield many results with a simple Google search because UK has published more information on the issue, having dealt with many similar cases of family law. An entry permit eventually leads to a card. All I meant was any card issued under Directive 2004/38/EC.
EEA family permits are not issued under the directive you referenced (they are issued under national UK law). This was already evident in my ECJ quote.

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fintel
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Re: Could my half brother sponsor me for a residence permit?

Post by fintel » Tue May 26, 2020 1:50 am

betelgeuse wrote:
Tue May 26, 2020 1:25 am
EEA family permits are not issued under the directive you referenced (they are issued under national UK law). This was already evident in my ECJ quote.
Do you know what a "half brother" is ? It's a sibling from your step father's previous marriage or some other distant relationship like that. Before providing further legal advice, can you look back at the original post and correct OP because he doesn't seem to have any actual family relationship with an EU family member.
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betelgeuse
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Re: Could my half brother sponsor me for a residence permit?

Post by betelgeuse » Tue May 26, 2020 2:14 am

fintel wrote:
Tue May 26, 2020 1:50 am
betelgeuse wrote:
Tue May 26, 2020 1:25 am
EEA family permits are not issued under the directive you referenced (they are issued under national UK law). This was already evident in my ECJ quote.
Do you know what a "half brother" is ? It's a sibling from your step father's previous marriage or some other distant relationship like that. Before providing further legal advice, can you look back at the original post and correct OP because he doesn't seem to have any actual family relationship with an EU family member.
"a brother who is the son of only one of your parents"

https://dictionary.cambridge.org/dictio ... lf-brother

This means half brothers are genetically linked.

Since you are fond of referencing UK guidance I might as well link to their definition of extended family member:

"There is no limit on the distance of the relationship between the EEA national and the extended family member as long as they can provide valid proof of the relationship between them."

https://assets.publishing.service.gov.u ... s-v7.0.pdf

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fintel
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Re: Could my half brother sponsor me for a residence permit?

Post by fintel » Tue May 26, 2020 3:09 pm

betelgeuse wrote:
Tue May 26, 2020 2:14 am
"a brother who is the son of only one of your parents"
ok go right ahead and invite all the distant uncles and aunties and nephews from around the world.

:D
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whatmika
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Re: Could my half brother sponsor me for a residence permit?

Post by whatmika » Sat Jun 06, 2020 1:02 am

My brother is a Finnish citizen.


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