who breaks the law, foreigner or the authorities

[brownbrownbb4]

in finnish law is in the constitution stated that the immigration should process family resident permit for not more the 9 months that is 0 to 9 months but it takes them one year and more for somalian and others,simple reason is that they have less staff.
a foreigner apply for permanent resident permit and was refuse because her permit expire few weeks before she turn it in and tried to explain why there was a delay but they said no no no the law is the law.
who is breaking the law here?

administrative court decide case without taking into consideration the urgent need of a case and they do not have any processing time or queue number and cases take longer than necessary, if they are not sure of a case they result to voting yes or no.

a foreigner apply for study permit the first time and was refuse by migri because he could not tell how many persons was present in the entrance exam hall and he appeal the decision to administrative court,it took a long time 9 months before the court reach a decision a positive decision and instructed migri to issue the study permit. migri issue the permit and back dated it 9 months back, the permit left with 3 months before it will expire and the school session is almost finish.migri said to the guy he need to have enough credit to renew his permit next session which is impossible.
who is breaking the law here?

[Flossy1978]

a foreigner apply for permanent resident permit and was refuse because her permit expire few weeks before she turn it in and tried to explain why there was a delay but they said no no no the law is the law. In this case I think Finland is correct.

The rest, I don't know. Finland is very harsh because there have been so many people using the student permits in an illegal manner. So it's understandable they can make it difficult.

[Upphew]

in finnish law is in the constitution stated that the immigration should process family resident permit for not more the 9 months that is 0 to 9 months but it takes them one year and more for somalian and others,simple reason is that they have less staff.

Problems with Somalians is that they can't read or write -> can't fill application. Staff can't do their job deciding the cases as they have to hunt more information for the application. Not to mention that Somalis seem to have different concept of family, they don't have working government that would issue passports etc. etc.

a foreigner apply for permanent resident permit and was refuse because her permit expire few weeks before she turn it in and tried to explain why there was a delay but they said no no no the law is the law.
who is breaking the law here?

Excuses, excuses... dog ate my homework. That didn't happen to me, but the classmate still didn't get any points from the work he did. In your case she might have broken the law, depending if she needed visa.
"Applications for extensions to residence permits are submitted to the police in the municipality of residence in Finland prior to the expiry of the existing residence permit."

administrative court decide case without taking into consideration the urgent need of a case and they do not have any processing time or queue number and cases take longer than necessary, if they are not sure of a case they result to voting yes or no.

Cases take longer than they should, sure, longer than necessary... I prefer that judges take their time and get things right in first time. And yes, the judges do vote if they don't agree: http://www.oikeus.fi/17646.htm
Also: "Some 24,000 appeals are lodged with the administrative courts annually; their personnel total some 440."
"Administrative courts aim to hear their cases in the order they are received. However, certain matters, such as appeals relating to child protection or the dismissal of public officials are heard urgently."

a foreigner apply for study permit the first time and was refuse by migri because he could not tell how many persons was present in the entrance exam hall and he appeal the decision to administrative court,it took a long time 9 months before the court reach a decision a positive decision and instructed migri to issue the study permit. migri issue the permit and back dated it 9 months back, the permit left with 3 months before it will expire and the school session is almost finish.migri said to the guy he need to have enough credit to renew his permit next session which is impossible.
who is breaking the law here?

No one? Btw migri doesn't renew the permit, police does. http://www.police.fi/poliisi/home.nsf/p ... endocument
Getting paper from the school that stated that the studies were advancing as they should, could have made the difference. The 3 months to do years worth studies is next to impossible as they will most likely be the summer months and nothing gets done then.

[Pursuivant]

That student got royally screwed in the 2nd example. Is it legal - probably yes, is it "right"... well you figure it yourself.

[yoga]

[quote="brownbrownbb4"]in finnish law is in the constitution stated that the immigration should process family resident permit for not more the 9 months that is 0 to 9 months but it takes them one year and more for somalian and others,simple reason is that they have less staff.[/color]


I still didnt hear anything about My spouse application until now , in dec it will be 9 months.
and still waiting, I wish he can gets a positive result! I wish migri can make it easier our life. Cause nothing is fake or harm on his application. I cant describe by words how hard live apart.

[Rip]

in finnish law is in the constitution stated that the immigration should process family resident permit for not more the 9 months that is 0 to 9 months but it takes them one year and more for somalian and others,simple reason is that they have less staff.

A decision on an application for a
residence permit made on the basis of family
ties must be served on the applicant not later
than nine months after the filing of the
application.[...] In exceptional circumstances the
service may take place at a later date.

http://www.finlex.fi/fi/laki/kaannokset ... 040301.pdf

Yes, you could argue the "exceptional circumstances" is a weasel clause making the earlier statement largely meaningless, but then on the other hand there would be easy way of speeding the process: Start stamping "denied" much faster to the applications that are found weak.

[rinso]

Yes, you could argue the "exceptional circumstances" is a weasel clause making the earlier statement largely meaningless, but then on the other hand there would be easy way of speeding the process: Start stamping "denied" much faster to the applications that are found weak.

That would even be worse for the applicant.
No RP means no Kela, no work, no bank account and so on.
If the RP is denied, this no, no, no continues during the appeal procedure. And with many more denials, the appeal system gets overloaded and things will take much longer for a final decision.
No it is better to wait a little longer during the RP process than having to appeal and wait for years.

[cors187]

a foreigner apply for study permit the first time and was refuse by migri because he could not tell how many persons was present in the entrance exam hall and he appeal the decision to administrative court,it took a long time 9 months before the court reach a decision a positive decision and instructed migri to issue the study permit. migri issue the permit and back dated it 9 months back, the permit left with 3 months before it will expire and the school session is almost finish.migri said to the guy he need to have enough credit to renew his permit next session which is impossible.
who is breaking the law here?

To my lawyer mind , this guy was considered a student even before the administrative court reviewed the case, winning the case was because he was a legit student. So if you mean he didnt have the credits from school then the immigrant should have studied, if you mean the immigrant didnt have enough money in the account, then he should have worked more, either way if a person cant pass legislation requirements then thats just the law.

[Upphew]

a foreigner apply for study permit the first time and was refuse by migri because he could not tell how many persons was present in the entrance exam hall and he appeal the decision to administrative court,it took a long time 9 months before the court reach a decision a positive decision and instructed migri to issue the study permit. migri issue the permit and back dated it 9 months back, the permit left with 3 months before it will expire and the school session is almost finish.migri said to the guy he need to have enough credit to renew his permit next session which is impossible.
who is breaking the law here?

To my lawyer mind , this guy was considered a student even before the administrative court reviewed the case, winning the case was because he was a legit student. So if you mean he didnt have the credits from school then the immigrant should have studied, if you mean the immigrant didnt have enough money in the account, then he should have worked more, either way if a person cant pass legislation requirements then thats just the law.

Problem arises when the student can't study. UASs tend to have policy that the student should, or rather must, attend xx% of classes. Tough to do when you can't enter the country.