Personal experience with RP and Appealing a decision

Kaarina91 · Post by **Kaarina91** » Wed May 16, 2012 11:55 pm

I dont have any questions regarding my RP or appealing a decision. I am writing this post to give some insight to others on how I obtained my RP. Personal experience!!

I moved to Finland in September of 2010 and I married my husband here in Finland, but we've known each other before for a very long time.
I applied for a residents permit on November 11th of 2010.
I was denied my RP in May of 2011 because my husbands income was not enough to support us, (at this time he was on lay off, which DIDNT mean the company let him go just until business picked back up again, he was receiving money monthly-- just not enough for their standards, the standard was around 1500 something euros per month. We were given the option to appeal or leave on my own within 30 days and if i didn't leave I would be deported :O
Around the same time in May the decision was made, the company he worked for called him back to work.Woohoo! Our lawyer prepared everything and sent the complaint into the administrative court.
In Jan. of 2012 the court gave us a positive answer and they sent the paper work to maahanmuuttovirasto to be looked at again. For them to make a decision as well!
In the month of April immigration requested our last six months bank account statements, contract from the company stating how long he will be employed, and a few other things regarding my husbands job. I was also asked to give finger prints

I called immigration every other week to see the status of my RP. I called on May 9th and immigration told me that the decision was made on April 19 and that it has been sent to us and we should expect it soon in the mail. I checked on the website and it said it takes for it 2 weeks to travel. At the time I called it was way over two weeks. I called again and told her the situation, the representative gave me a tracking number for the mail. My RP was sitting in the local post office for over a week :O Me and my husband went into our post office and picked up my RP.
Wooohhoo!! Finally! If anyone has any questions feel free to ask!!

**Sponsor:**

navi · Post by **navi** » Thu May 17, 2012 11:15 am

how much taking time in family ties after fill the application OLE PH_2 FROM TO INDIA, Finland embassy new Delhi, they kept my passport with application its passed 3 months, how much more time for decision.. is they need interview with me and my cohabitation partner ,, actually we are not married but we have joint child 10 month old,, my partner and my child both are in Finland they both have finish citizenship passport . i am in India ..my name is register on my son,s birth certificate,
in April 2012 i got a letter from to Finland population register office.. in that letter they mention my personal identity code..that means they registered my name in Finland population register office.
i thought the name will register Finland population office after the visa when any body present in Finland -- why they registered my name even i am in India.
i thought this happened because my son in Finland and he have my name on his birth certificate as a father. but this is good thing for me i am happy to take my personal identity code ..
now i have identity code is this effect on my visa process in fast . have kela attached with Finland embassy ?

Kaarina91 · Post by **Kaarina91** » Thu May 17, 2012 3:11 pm

I am sorry but I am not familiar with that kind of situation. I waited 6 months for my reply from immigration. I am sure there are others on here with similar situations like yours. Have you tried making a post on the forum? Am sure someone could help you!

navi · Post by **navi** » Fri May 18, 2012 8:32 pm

its ok thanx for reply and i also posted but not get satisfied answer

dev · Post by **dev** » Mon May 21, 2012 7:41 am

@Kaarina91: Congrats. Just wondering if your husband is Finnish? I thought that there were no any income requirements if you are a family member of Finnish citizen.

Kaarina91 · Post by **Kaarina91** » Mon May 21, 2012 2:34 pm

Unfortunately he isnt a Finnish citizen

but he is working on his citizenship! Am sure the requirements are different if you are

tessica · Post by **tessica** » Wed Jun 13, 2012 12:45 am

Hello ,
it is so nice of you to share your experience thank you very much. what i would like to know is this, my husband applied for a student residence permit on the 11th of May 2011 and was denied but was told to appeal in which he did and was replied by the administrative court on 28th of May 2012 with a favorable decision by sending my husband the decision paper in Finnish but my husband ask them to summarize the decision in English and what the court said was this,

Helsinki Administrative Court has reversed the decision of the Finnish Immigration Service and returned the case to the Immigration Service for reassessment. The Administrative Court ruled that a sufficient livelihood for studying had been secured. Consequently the appellant's application for residence permit on the basis of studying was not to be refused on the grounds mentioned in the decision of the Immigration Service.

what i want to ask is this, does this means that the Finnish Immigration Service will still have to contact the Supreme Court before they will grant the final decision made by Administrative Court or will they just reassess and grant my husband the RP and if yes how long does it take the Immigration to consider the appeal and reply my husband. thanks hope to hear from you soon.

Rip · Post by **Rip** » Wed Jun 13, 2012 3:51 am

tessica wrote: what i want to ask is this, does this means that the Finnish Immigration Service will still have to contact the Supreme Court

They don't have to, but they may decide to try to appeal the appeal the administrative court decision. I think they have until end of this month to decide if they try or not.

tessica · Post by **tessica** » Wed Jun 13, 2012 1:07 pm

thank you for your response, please i don't understand how you mean that the Immigration may decide to try to appeal the appeal the administrative court decision. please can you throw more light on that. i thought since the decision is being reversed by the Administrative Court all the Immigration has to do is to reassess and grant my husband his RP, since they have always told my husband from the immigration office that they cant make any decision in regards to the Appeal that it is the Administrative Court that is responsible for the decision. please how long did it take you to get your RP after the Administrative Court reversed and send back the decision back to the Immigration. thank you once again

Sial · Post by **Sial** » Thu Jun 14, 2012 3:26 am

how much was the fee of lawyer

Rip · Post by **Rip** » Thu Jun 14, 2012 7:13 am

tessica wrote:i thought since the decision is being reversed by the Administrative Court all the Immigration has to do is to reassess and grant my husband his RP

They can do that. They can also decide to try to have the Administrative court decision reversed on further appeal. There is more than one option.

tessica wrote:they cant make any decision in regards to the Appeal that it is the Administrative Court that is responsible for the decision.

The court's decide on a case being appealed. They will not decide if somebody (including Migri) will appeal the case in the first place.

Your husband decided whether or not to appeal the first decision of Migri to Administrative court. He did, and he won.

Migri has now right to consider if they want to appeal that Administrative court decision further to the Supreme Administrative court or not, to have the (lower) Administrative court decision overruled and their (Migri's) original decision reinstated.

If the Administrative evaluated the same facts differently, then Migri might try to do that further appeal. If on the other your husband was able to show more income at the time of the appeal than with his original application, then I would guess Migri will not bother and they will act following the court decision already made.

tessica · Post by **tessica** » Fri Jun 15, 2012 1:59 am

thank you Rip, yes my husband was able to show more income....i will break the good news to you soon...you have really been helpful thank you once again.

Rodwen · Post by **Rodwen** » Sat Jun 23, 2012 3:39 pm

Hey,

anyone ever receive a request for a rejoinder from the administrative court?
We received one the other day, saying that migri didn't think our appeal was valid and it should be rejected.
However they gave NO reasons for that

That's justice right?
The letter too was written in such broken English, it's a disgrace!

So any advice or experience? How long after one submits the rejoinder can the final decision be expected?

Thanks!

Kutittaa · Post by **Kutittaa** » Sat Jun 23, 2012 4:39 pm

What exactly did you get from Migri? They have to legally give you a reason.

Rip · Post by **Rip** » Sat Jun 23, 2012 7:54 pm

Rodwen wrote:We received one the other day, saying that migri didn't think our appeal was valid and it should be rejected.
However they gave NO reasons for that That's justice right?

Well, did you make good case why their original decision should be overruled? Otherwise their reasoning should really be in the original decision.

The letter too was written in such broken English, it's a disgrace!

It would be nice of course if it had been better, but how much experience with getting service in other countries in a non-official language of that country you have for quantification of the level of "disgrace"?

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