Permanent residence permit and Divorce

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miikkanokka
Posts: 5
Joined: Sun Dec 10, 2017 3:06 am

Permanent residence permit and Divorce

Post by miikkanokka » Sun Jan 07, 2018 2:00 pm

A friend of mine is going through a divorce but has a permanent residence permit though he is worried of the implications of the divorce on his permit.

I have done some research on his behalf and it turns out that A fixed-term residence permit holders may get their permit canceled in the case of a change of the reasons on which the permit has been issued.


Nevertheless, the conditions and rules on the permanent residence permit are very vague. Anyone has an experience on that or would like to enlighten us on the legislation that governs this matters?



Permanent residence permit and Divorce

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Upphew
Posts: 10045
Joined: Tue Apr 08, 2008 10:55 pm
Location: Lappeenranta

Re: Permanent residence permit and Divorce

Post by Upphew » Mon Jan 08, 2018 9:33 am

miikkanokka wrote:
Sun Jan 07, 2018 2:00 pm
A friend of mine is going through a divorce but has a permanent residence permit though he is worried of the implications of the divorce on his permit.

I have done some research on his behalf and it turns out that A fixed-term residence permit holders may get their permit canceled in the case of a change of the reasons on which the permit has been issued.


Nevertheless, the conditions and rules on the permanent residence permit are very vague. Anyone has an experience on that or would like to enlighten us on the legislation that governs this matters?
http://www.migri.fi/our_services/faq/re ... rmit_types see 7.
http://google.com http://translate.google.com http://urbandictionary.com
Visa is for visiting, Residence Permit for residing.


miikkanokka
Posts: 5
Joined: Sun Dec 10, 2017 3:06 am

Re: Permanent residence permit and Divorce

Post by miikkanokka » Mon Jan 08, 2018 1:46 pm

Upphew wrote:
Mon Jan 08, 2018 9:33 am
miikkanokka wrote:
Sun Jan 07, 2018 2:00 pm
A friend of mine is going through a divorce but has a permanent residence permit though he is worried of the implications of the divorce on his permit.

I have done some research on his behalf and it turns out that A fixed-term residence permit holders may get their permit canceled in the case of a change of the reasons on which the permit has been issued.


Nevertheless, the conditions and rules on the permanent residence permit are very vague. Anyone has an experience on that or would like to enlighten us on the legislation that governs this matters?
http://www.migri.fi/our_services/faq/re ... rmit_types see 7.
That only governs continuous residence permits with fixed term periods. My assumption is that the permanent residence permit is not affected by the change of family circumstances that were based on its grant. Nevertheless it would be great to be certain rather than assume.


Voliksenda
Posts: 8
Joined: Sun Jun 19, 2011 11:38 pm

Re: Permanent residence permit and Divorce

Post by Voliksenda » Mon Jan 08, 2018 2:11 pm

You can check here: https://www.infopankki.fi/en/living-in- ... nce-permit
Your permanent or fixed-term residence permit will be cancelled if

-you move away from Finland permanently,
-you continuously reside abroad for two years.

Your permanent or fixed-term residence permit can also be cancelled if

-you provided incorrect information when applying for the permit,
- you withheld a factor that could have prevented you from receiving the permit, or
- another Schengen country requests Finland to revoke your residence permit.

A fixed-term residence permit can also be revoked if the grounds on which it was granted no longer exist
So, permanent RP should not be affected by a divorce. But a fixed-term RP would be affected.


Upphew
Posts: 10045
Joined: Tue Apr 08, 2008 10:55 pm
Location: Lappeenranta

Re: Permanent residence permit and Divorce

Post by Upphew » Mon Jan 08, 2018 5:05 pm

miikkanokka wrote:
Mon Jan 08, 2018 1:46 pm
Upphew wrote:
Mon Jan 08, 2018 9:33 am
miikkanokka wrote:
Sun Jan 07, 2018 2:00 pm
A friend of mine is going through a divorce but has a permanent residence permit though he is worried of the implications of the divorce on his permit.

I have done some research on his behalf and it turns out that A fixed-term residence permit holders may get their permit canceled in the case of a change of the reasons on which the permit has been issued.


Nevertheless, the conditions and rules on the permanent residence permit are very vague. Anyone has an experience on that or would like to enlighten us on the legislation that governs this matters?
http://www.migri.fi/our_services/faq/re ... rmit_types see 7.
That only governs continuous residence permits with fixed term periods. My assumption is that the permanent residence permit is not affected by the change of family circumstances that were based on its grant. Nevertheless it would be great to be certain rather than assume.
Quote from my link: "A fixed-term or permanent residence permit is revoked if.."
http://www.migri.fi/residence_permits/permit_types
http://google.com http://translate.google.com http://urbandictionary.com
Visa is for visiting, Residence Permit for residing.


miikkanokka
Posts: 5
Joined: Sun Dec 10, 2017 3:06 am

Re: Permanent residence permit and Divorce

Post by miikkanokka » Tue Jan 09, 2018 1:37 pm

Upphew wrote:
Mon Jan 08, 2018 5:05 pm
miikkanokka wrote:
Mon Jan 08, 2018 1:46 pm
That only governs continuous residence permits with fixed term periods. My assumption is that the permanent residence permit is not affected by the change of family circumstances that were based on its grant. Nevertheless it would be great to be certain rather than assume.
Quote from my link: "A fixed-term or permanent residence permit is revoked if.."
http://www.migri.fi/residence_permits/permit_types
"A fixed-term or permanent residence permit is revoked if the person who has been granted the permit
- has moved away from Finland on a permanent basis, or
- has resided outside Finland for two years without interruption with the intention of staying there permanently."

"A fixed-term permit can also be revoked if the grounds for granting the permit no longer exist."

So the conclusion is that permanent permits are not revoked based on the instant absence of its issuing grounds.


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network_engineer
Posts: 651
Joined: Wed Nov 26, 2003 10:21 am

Re: Permanent residence permit and Divorce

Post by network_engineer » Wed Jan 10, 2018 9:16 am

As I understand (and I am not a 100% sure of this) but there are also other grounds under which a permanent residence may be cancelled. I remember reading, e.g.
  • if the permit holder commits a serious crime, where the punishment is greater than three years, OR
  • if the permanent residence permit was obtained on false or fraudulent grounds (e.g. the equivalent of the US green card marriage), OR
  • Other similar weighty reasons.
As I know, mere changes in family circumstances do not affect the permit holders right to remain, and particularly so, if the holder has been, e.g. in a married relationship for a substantial period before the change.


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