APPEAL LETTER...
APPEAL LETTER...
does anyone know where I can find a sample letter of an appeal for residence denial? online. I want to write it as correctly as I can. Thanks
I dont know but I am sure Daryl does...
Send him a PM
bb/viewtopic.php?t=19706&highlight=
Rmember what Daryl said...
It's impossible to say whether an appeal would be worthwhile without knowing much more about the specific details of the case and about the way in which it was represented to the authority.
The last few words mean...
If you get in anyway arrogant ...moi moi...
Send him a PM
bb/viewtopic.php?t=19706&highlight=
Rmember what Daryl said...
It's impossible to say whether an appeal would be worthwhile without knowing much more about the specific details of the case and about the way in which it was represented to the authority.
The last few words mean...
If you get in anyway arrogant ...moi moi...
People do not become more irritable as they grow old - they simply stop making the effort to avoid annoying others.
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littlefrank
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Hank W.
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Yes, well, the question is what are you appealing?
- procedural error in the process
- critical circumstances that were present but not voiced?
Basically, they told you to go back to the USA to apply, as you are not in a category of persons that can apply within the country. And that category of people is few and far in between. You said you were going to marry. So its your procedural error of not getting married, as only married people may apply in Finland. Easy as that.
Now then if they find your application without merit - as in you do not have an excuse to stay in the country - "wanting" is not good enough - then there is little you can do except to gain some merit to stay in the country. And that is not any fiction they want to read, they want cold facts on paper that are verifiable. As a thumb rule, residence permit applications should be made according to what they want to hear and not what you want to say...
- procedural error in the process
- critical circumstances that were present but not voiced?
Basically, they told you to go back to the USA to apply, as you are not in a category of persons that can apply within the country. And that category of people is few and far in between. You said you were going to marry. So its your procedural error of not getting married, as only married people may apply in Finland. Easy as that.
Now then if they find your application without merit - as in you do not have an excuse to stay in the country - "wanting" is not good enough - then there is little you can do except to gain some merit to stay in the country. And that is not any fiction they want to read, they want cold facts on paper that are verifiable. As a thumb rule, residence permit applications should be made according to what they want to hear and not what you want to say...
Cheers, Hank W.
sitting here like a lemon looking for a gin.
sitting here like a lemon looking for a gin.
When they gave you the decision, a written instruction for appeal should also be attached. And in that instruction, it says:
Form and contents of complaint
The complaint must state
- the appellant's name, place of residence, mailing address and telephone number
- the decision which is being appealed
- the desired amendment to the decision
- the grounds for the appeal
For the typographic style, you can try to mimic the style used by the decision itself, since it's kind of well-established bureaucratic style. However it is not necessary.
The normal desired amendment to the decision is to request the court to annul the decision and return your matter back to the original bureau for reprocessing. This is the normal case when there is a procedural error happened. If there are also substantial differences in the interpretation of the law, you can also additionally request the court to take a stand on whether you fulfill the requirements for issuing the residence permit or not.
For the grounds for the appeal, you can cite the applicable laws, relevant government bills, court precedents, etc.
Form and contents of complaint
The complaint must state
- the appellant's name, place of residence, mailing address and telephone number
- the decision which is being appealed
- the desired amendment to the decision
- the grounds for the appeal
For the typographic style, you can try to mimic the style used by the decision itself, since it's kind of well-established bureaucratic style. However it is not necessary.
The normal desired amendment to the decision is to request the court to annul the decision and return your matter back to the original bureau for reprocessing. This is the normal case when there is a procedural error happened. If there are also substantial differences in the interpretation of the law, you can also additionally request the court to take a stand on whether you fulfill the requirements for issuing the residence permit or not.
For the grounds for the appeal, you can cite the applicable laws, relevant government bills, court precedents, etc.
but, does, is there, can I...
thanks for the tips...funny thing, I spoke to a lawyer about this and basicly he said even though I have a job, the only way I have to stay here is to Marry, and Marry within the 2 weeks that are left on my apeal time. He did, however, mention that it wouldnt hurt to file my appeal as it might get me a couple more days, but for the most part, it seems Im headed home 
...there goes my "hard to find" job, not to mention 10 months of routine getting established with the kids....I LOVE POLITICS!
BTW; my "caseworker" had told me that if Finland sends me back to the U.S. there is not any time restriction on when I can come back (ie: the 5 year rumor is appearently just that, a rumor)...but the lawyer said that if Finland sends me back, I cant come back for 5 months(odd amount), does anyone know what the real deal is?...and! will they send me to my hometown in California or dump me in New York to find my way home?
This is starting to worry me
...there goes my "hard to find" job, not to mention 10 months of routine getting established with the kids....I LOVE POLITICS!
BTW; my "caseworker" had told me that if Finland sends me back to the U.S. there is not any time restriction on when I can come back (ie: the 5 year rumor is appearently just that, a rumor)...but the lawyer said that if Finland sends me back, I cant come back for 5 months(odd amount), does anyone know what the real deal is?...and! will they send me to my hometown in California or dump me in New York to find my way home?
This is starting to worry me
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Hank W.
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Yes well politics - unlike the US, we do send the "wetbacks" home - you can't just come in and expect to stay.
So unless you get married you have no "valid" reason to be in Finland. So its either you get married or you go home. Two options there. Its pretty much your own wishful thinking's fault you spent the 10 months expecting something you can not have*. We could have told you that the first day you got here, what to do.
The 5 years if you are "deported", buts that a different thing from "telling to leave" you are getting. The 5 months or 6 I think it is properly, is the re-entry to the Schengen area without a visa.
And you'll pay for your own plane ticket to leave.
* not saying if its fair or not, of course it feels really unfair for you in your situation. However quid pro quo - I can't just land in the USA and get a job just like that either...
So unless you get married you have no "valid" reason to be in Finland. So its either you get married or you go home. Two options there. Its pretty much your own wishful thinking's fault you spent the 10 months expecting something you can not have*. We could have told you that the first day you got here, what to do.
The 5 years if you are "deported", buts that a different thing from "telling to leave" you are getting. The 5 months or 6 I think it is properly, is the re-entry to the Schengen area without a visa.
And you'll pay for your own plane ticket to leave.
* not saying if its fair or not, of course it feels really unfair for you in your situation. However quid pro quo - I can't just land in the USA and get a job just like that either...
Last edited by Hank W. on Mon Feb 26, 2007 11:40 am, edited 1 time in total.
Cheers, Hank W.
sitting here like a lemon looking for a gin.
sitting here like a lemon looking for a gin.
so...
See unlike the US, we do send the "wetbacks" home - you can't just come in and expect to stay.
1) I knew there was something good about Finland
And you'll pay for your own plane ticket to leave.
2) If I cant afford it, then it becomes 5 years?(if Finland sends me)
1) I knew there was something good about Finland
And you'll pay for your own plane ticket to leave.
2) If I cant afford it, then it becomes 5 years?(if Finland sends me)
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Hank W.
- The Motorhead
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Well, Finlands never been known for its liberal and welcoming immigration policy... theres rules and a system and it is rigid. Believe me this, some 2-3 years ago you would have been sent back home to apply even if you were married. They really had some strict rules then.
They'll make you invent money or have the US embassy pay for your repatriation or then the next time you appear on their radar you'll be presented with a hefty bill... and by all probability you can forget getting any residence permit if you owe them.
They'll make you invent money or have the US embassy pay for your repatriation or then the next time you appear on their radar you'll be presented with a hefty bill... and by all probability you can forget getting any residence permit if you owe them.
Cheers, Hank W.
sitting here like a lemon looking for a gin.
sitting here like a lemon looking for a gin.
...and no answer on the "where I land" in the U.S. Will they send me to my hometown, or just to the closest U.S. airport? ie:New York
ps: Im not trying to be difficult, but, being a "normal" person who didnt really study Finnish law in school, I am quite ignorant to the procedure...not to mention the fact that the Immigration police seem to thrive on confusing the issue(s). Everything I've done in this whole matter has been what I was told to do by either the U.S. or the Finnish powers that be
...and in regards to letting me know as soon as I got here...the Immigration police said it was "OK" to file here, and theres no problem.
Im now off to file my appeal in beautifl downtown Helsinki
this should be loads of fun! (sarcasm
ps: Im not trying to be difficult, but, being a "normal" person who didnt really study Finnish law in school, I am quite ignorant to the procedure...not to mention the fact that the Immigration police seem to thrive on confusing the issue(s). Everything I've done in this whole matter has been what I was told to do by either the U.S. or the Finnish powers that be
...and in regards to letting me know as soon as I got here...the Immigration police said it was "OK" to file here, and theres no problem.
Im now off to file my appeal in beautifl downtown Helsinki
this should be loads of fun! (sarcasm
Hank W. wrote: have the US embassy pay for your repatriation or then the next time you appear on their radar you'll be presented with a hefty bill....
The US State department does not like this sort of embarrassing situation one little bit...So after they have had to pay for your ticket back home, you will then become a constant "red icon" reminder as a "known person" in their data.
Suggest you find the money...or California will not be welcoming you home.
By the way..
...and in regards to letting me know as soon as I got here...the Immigration police said it was "OK" to file here, and theres no problem.
This was when you led them to believe you were getting married..
If you had come here without that reason...then they would have said..what they now say..Go Home and apply from there.
People do not become more irritable as they grow old - they simply stop making the effort to avoid annoying others.
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Hank W.
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Well, I haven't been deported, so so am I. By all probability to NYC, don't know if they do direct flights to LAX.JimmyBang wrote:but, being a "normal" person who didnt really study Finnish law in school, I am quite ignorant to the procedure...
Everything I've done in this whole matter has been what I was told to do by either the U.S. or the Finnish powers that be
You told them "I AM GOING TO BE GETTING MARRIED". See if you say something to a Finn they expect a man to stay behind his words. Are you married?...and in regards to letting me know as soon as I got here...the Immigration police said it was "OK" to file here, and theres no problem.
Cheers, Hank W.
sitting here like a lemon looking for a gin.
sitting here like a lemon looking for a gin.
... well no, we sort of set a date for this summer...didnt want to rush intoanything hahaha, but I understand your point(s).
I'll file my appeal today and start accepting that I'm going back. too bad though...we could have used the euros from the now pending 2 trips to move into a nice place...such is life, "live and burn...uh, err, "learn"
I'll file my appeal today and start accepting that I'm going back. too bad though...we could have used the euros from the now pending 2 trips to move into a nice place...such is life, "live and burn...uh, err, "learn"
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Hank W.
- The Motorhead
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- Location: Mushroom Mountain
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Yeah, well, then the "job" you got, now before you get into another stupid runaround situation a second time:
a) if your employer is willing to do the paperwork you can apply for a work-based residence permit. He can file for it, chapter and verse, but *you have to be in the USA* - you cannot be here. Not allowed. And you need the opinion from the labour office etc.
b) if you pop over and want to do the same twiddling-thumbs holiday, then that marriage thing... ahem... Got it?
By now you have probably gotten the immigration law read through a couple times. So don't "think" and remember they don't care what you want, you must give them what they want - present them with the papers they want to see in the order they want to see them. Like going to a nightclub and arguing with the bouncer - theres no backstage passes.
a) if your employer is willing to do the paperwork you can apply for a work-based residence permit. He can file for it, chapter and verse, but *you have to be in the USA* - you cannot be here. Not allowed. And you need the opinion from the labour office etc.
b) if you pop over and want to do the same twiddling-thumbs holiday, then that marriage thing... ahem... Got it?
By now you have probably gotten the immigration law read through a couple times. So don't "think" and remember they don't care what you want, you must give them what they want - present them with the papers they want to see in the order they want to see them. Like going to a nightclub and arguing with the bouncer - theres no backstage passes.
Last edited by Hank W. on Mon Feb 26, 2007 12:28 pm, edited 2 times in total.
Cheers, Hank W.
sitting here like a lemon looking for a gin.
sitting here like a lemon looking for a gin.