my application was rejected, go for appeal? Need Advice!

ahan · Post by **ahan** » Fri Jun 06, 2008 8:55 pm

Hello,

I came to Finland in 1999, I have been living in Finland for 9 years, I studied first, after graducated (bachelor degree) in 2002, i got a job, holding a B visa for 2 years, then changed to A for 4 years by now.
i am unemployed for about 1 year, taking a Finnish language course arranged by unemployment office for 5 months by now.

I have applied for my permanent resident permit with ground of studying Finnish. I was rejected about 1 month ago.

A few days ago I went again to police station with a job contract which is 15-37 hours/week, 8.33euro/hour cleaning job.
I was told by police lady, they will consider to give me a extended visa for 1 year for example. the reason is because i have been unemployed for nearly 1 year, so they will not give me permanent resident permit.

Do you think police first rejection and decison for second application are proper? should i go for appeal for first rejection or second decision? I am worried it will affect my second application (1 year extended visa) if i appeal, challenging the police decision... what should i do in this situation?
And if I appeal, what is the procedure and how long it will takes, does it cost me any money?
Based on my situation, do you think i have the right for permanent resident permit according to law?

Thanks for any reply!

**Sponsor:**

sy · Post by sy » Fri Jun 06, 2008 10:34 pm

You have lost your chance several times already. You should have applied for the PR already in 2004, or the second time in 2006. Before 30.4.2004, residence permit with "B-status" was not a final administrative decision, and only two years of continuous residence was required for the PR. In 2006, you could argue that your continuous residence had started already in 2002, and that's 4 years required for the PR.

And now if you said that your PR application was rejected already one month ago, then probably you have already lost the right to appeal. I think you can only appeal with 30 days (or 15 days) after the decision is made. You should have got the instruction on how to appeal along with the decision.

PR can be granted when after 4 years of A-type permit you still have the gound to be granted an A-type permit. Since you have been unemployed for about 1 year, that's probably the reason they rejected your PR application.

One chance for you now could be the option to apply for the EC long-term residence permit. But I seriously suggest you to find an immigrantion lawyer to handle your case now. Otherwise, in the worse case, you need to find a permanent job and work for another 4 years before you can apply for the PR.

rinso · Post by **rinso** » Sat Jun 07, 2008 8:13 am

I have applied for my permanent resident permit with ground of studying Finnish. I was rejected about 1 month ago.

Off course. Studying Finnish is no reason for a RP.

a job contract which is 15-37 hours/week,....cleaning job.

This information doesn't give me the impression of a steady job.
I can understand they are cautious and only want to give a rp for 1 year.

Hire a layer, your case doesn't look good.

wattypiper · Post by **wattypiper** » Sat Jun 07, 2008 9:00 am

How is it possible to be unemplyed for 1 year?

Hank W. · Post by **Hank W.** » Sat Jun 07, 2008 9:05 am

Well, after 500 days on the union benefits people may start to ponder on getting a job...

ahan · Post by **ahan** » Sat Jun 07, 2008 1:52 pm

Hello,
Thanks for everyone's reply!

Having 4 years A is ony requirement for PP by Aliens Act, right? is there any other criteria/regulation are followed by police station?

Some of you suggest me to hire a immigration lawyer, where can i find one? how do i know the lawyer is a specialist in immigration law?
Regarding to appeal, There are 5 days left before deadline, do i need a lawyer to present me to appeal or i just write appealing letter myself and send it? i am not sure which part of process the lawyer should be involved?

By the way the cleaning job is a permenent contract.
Before i come to Finnish course, I have asked the local police, will i get my PP if i take the course in January 2008, the answer was YES. so i did not look for job. But when i went to apply for PP in April, they said NO to me... so the cleaning job is the best one and only one i got within 1 month.

Hope to get some practical advice in details. Thanks a lot for everyone!!!

Hank W. · Post by **Hank W.** » Sat Jun 07, 2008 2:00 pm

ahan wrote: Regarding to appeal, There are 5 days left before deadline, do i need a lawyer to present me to appeal or i just write appealing letter myself and send it? i am not sure which part of process the lawyer should be involved?

The part where someone is involved who knows exactly what to write challenging the points of the law?

rinso · Post by **rinso** » Sat Jun 07, 2008 2:38 pm

Some of you suggest me to hire a immigration lawyer, where can i find one? how do i know the lawyer is a specialist in immigration law?

http://www.asianajajat.fi/asp/empty.asp ... =1&C=17201

I studied first, after graducated (bachelor degree) in 2002, i got a job
i am unemployed for about 1 year
a job contract which is 15-37 hours/week

By the way the cleaning job is a permenent contract.

It looks like a desperate move.
It is not what you think, but what Migra is thinking.

I have asked the local police, will i get my PP if i take the course in January 2008, the answer was YES.

The police clerk is not the one who is making the decision.

sy · Post by sy » Sat Jun 07, 2008 3:13 pm

ahan wrote:Having 4 years A is ony requirement for PP by Aliens Act, right? is there any other criteria/regulation are followed by police station?

4 years of A-type is not the only requirement for PR. The law also says that at the end of the 4-year period, you should still fulfill the requirement to be granted an A-type residence permit (if you were working, preferrably you should be working at the same field of job). And as you said, at that time you were unemployed and were studying Finnish, that's why you didn't fulfill this requirement. So, I don't know whether the appeal per se will bring you any good result.

Have you been working on the cleaning jobs with your A-type permits before? If that's the case, then maybe you should apply for the PR again with your new job contract.

As others have said already, act quick and find a lawyer for yourself.

ahan · Post by **ahan** » Sat Jun 07, 2008 4:44 pm

Thanks all of you!

I got this cleaning job and worked for 3 days, but I was told by police that i have no right to work, because my permit is expired at end of May and it is my my area as well.
Yes, I applid for PP with this cleaning job contract at end of May after my first PP application rejection. and police said to me that they will consider to give me a 1 year extended visa, and said i will not get PP this time!

the feedback from you guys look little bit negative...So should i forget about first rejection and wait for the second dicision, then appeal for PP Or i appeal for the first rejection? need some practical advice

Does anyone here has been on appeal or hired immigration lawyer before？when and how the lawyer can help me? Anyway, i will contact a lawyer to see what he/she will say on Monday.

my email address: ahan321@yahoo.com
or send me forum message

Thanks Again!!!

Hank W. · Post by **Hank W.** » Sat Jun 07, 2008 7:43 pm

You need a lawyer to help figure out *if* you can challenge the first "no". If they made a mistake, or if theres some "further information"...

ahan · Post by **ahan** » Mon Jun 09, 2008 5:46 pm

Hello SY,
i have sent a message to your forum message inbox.
could you please contact to me. would like to talk to you. Thanks.

Finland Forum

Find information about moving to, living in and life in Finland