QUESTION ! PERMIT?
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saruulove
QUESTION ! PERMIT?
IF A PERSON GET DIVORCE WHERE THE GROUND WAS A MARRIEGE, THE CONTINEOUS PERMANENT RESIDENT PERMIT (A) CAN BE CANCELLED IMMEDIATELY AFTER THE SEPARATION? OR IS IT YOU HAVE STILL THE RIGHT TO STAY TIL THE VISA OF 4 YEARS EXPIRES?
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Karhunkoski
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- Location: Keski-Suomi
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saruulove
Hello
Hi,
As far as I know, you can stay here as long as your visa is valid. But you can't stay beyond that. And if you have already lived in Finland on continuous visa (A) for 4 years (at least by the time your visa is expiring), you can apply for permanent residentship (P). In short, if your current visa makes 4 years of continuous residence in Finland by the time it expires, you are entitled to get permament residentship (P). I'd also recommend you to find permanent work, that will help your cause. Have a long stay in Finland:) I'd say, you are really lucky if your current visa makes exactly four years of your continuous residence in Finland.
Cheers,
As far as I know, you can stay here as long as your visa is valid. But you can't stay beyond that. And if you have already lived in Finland on continuous visa (A) for 4 years (at least by the time your visa is expiring), you can apply for permanent residentship (P). In short, if your current visa makes 4 years of continuous residence in Finland by the time it expires, you are entitled to get permament residentship (P). I'd also recommend you to find permanent work, that will help your cause. Have a long stay in Finland:) I'd say, you are really lucky if your current visa makes exactly four years of your continuous residence in Finland.
Cheers,
Re: QUESTION ! PERMIT?
There isn't enough information here to answer this clearly, but my guess is that the separation occurred after the second continuous permit was issued. In other words you have already been living in Finland for over a year.saruulove wrote:If a person gets divorced when the ground [for a residence permit] was a marriage, then can a continuous permanent resident permit (type-A) be cancelled immediately after the separation? Or do you have still the right to stay until the permit of 4 years expires?
With the law as it stands, it is not possible to withdraw the (three-year)residence permit under these circumstances. Such withdrawals are only possible within a few weeks of initial arrival in Finland. Of course, eligibility for a permanent residence permit after a total period of four years will depend on the existence of some reason for continued residence (such as well-attested integration).
If the separation occurred (or was clearly intended - e.g. divorce papers were filed) before the second continuous permit was issued, then it is also possible to withdraw this permit on the grounds that it was obtained by fraud.
The Interior Ministry has submitted a proposal to Parliament to remove the time limit on withdrawal of residence permits following a change in circumstances. However, the procedure followed in preparing this proposal was improper in the extreme, and we have petitioned the Administration Committee of Parliament to strike the proposal out of the government bill. I suspect that "breakdown of family life" was the motivation for the proposal, but in its present form it also has serious effects on the situation of migrant workers. The Ministry was clearly unaware of these effects and took great care to avoid consulting anyone who might have dispelled its ignorance.
daryl
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JustInTime
- Posts: 30
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You shouldn't be confused, as my answer was clear on this. The second permit cannot be revoked on grounds of a change of circumstances, only on grounds of fraud.JustInTime wrote:Hi Daryl,
I'm somehow confused now. Can UVI revoke the Residence Permit if a person is in the 2nd continuous A residence permit, if the ground was disappeared (e.g. losing permanent job, divorce, ...)?
Just wanna know the current law.
JIT
However, I already have to update the answer that I gave earlier. The Administration Committee of Parliament, though making one or two (in my view ill-judged) remarks about the situation of migrant workers, has approved the proposal to remove the time limit condition on withdrawal of residence permits. This means that this change will now probably become law before the elections next month.
The decision to withdraw a residence permit will, I think, normally be made by the authority that issued the permit (presumably the local police in the case of a continuation permit, though I'm not sure what happens with a worker's residence permit issued by two authorities). This decision is open to appeal to an administrative court, and has no specific impact on the legality of residence. A separate deportation process is then necessary to end legal residence and enable expulsion. This process is also open to appeal.
Withdrawal of a worker's residence permit ends the right to work. It is here that I think the Committee's remarks are ill-judged and it should not have ignored our observations. A worker's residence permit includes the right to work for any employer in a certain line of work. In order to remain in the job market for a reasonable time, a migrant worker who is made redundant by one employer and thereby suffers withdrawal of residence permit will be forced to appeal against the withdrawal decision, even when the decision is well-founded, simply in order to delay the entry into force of the withdrawal decision and retain the right to find another employer (or even to enjoy the statutory right to reinstatement if the former employer once again requires labour within the stipulated time limit). In other words, this amendment encourages manifestly unfounded appeals to an administrative judiciary that is already overworked.
This problem only begins to scratch the surface of the tangled web of problems and far-reaching consequences that arise when a worker's residence permit is withdrawn.
daryl
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JustInTime
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Yes.JustInTime wrote:Is this means that they (UVI or Local Police) do not have the right to revoke the 2nd continuous residence permit previously, but they will get the right very soon?
All that this means is that there will no longer be a time limit for revoking a residence permit due to a change of circumstances. At the moment such revocation is only allowed for a few weeks after the foreigner arrives in Finland. After the change it will in principle be possible to revoke any fixed-period residence permit when the grounds for issuing that permit no longer exist.
As a fallback position, there is room to argue (and I argue I most certainly shall) that it can hardly ever be possible to revoke a worker's residence permit simply because of redundancy, as long as the type of work in question is still done in Finland. In the case of a continuous residence permit a forward-looking labour market assessment is made that involves certain promissory features. A residence permit issued on this basis may be viewed as a kind of promise on the part of the authority that the permit holder may immigrate to Finland in order to fill a gap in the Finnish labour force. The authority bears full responsibility for this forward-looking assessment. In issuing a permit to live and work in Finland, the authority was not merely licensing an individual to do one specific job for one specific employer, but to join the Finnish labour market for a specified period. The fact that the first job has disappeared does not, in and of itself, negate the forward-looking assessment or discharge the authority from the consequences thereof.
This one will run and run.
daryl
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sanaarai
I have exact same case, but i have ben holding student visa B type for four years, and i previously another year of short term working visa for a year. Now i am holding second continuous permit A cos of marrige occured a year ago. If a divorce happens (its not fraud though), I still stay for the three extended years? In what circamtances they would qualify it as fraud?