Need suggestion about residence permit

doforumda · Post by **doforumda** » Tue Jul 30, 2013 8:07 pm

Hello, I am facing unusual kind of scenario. Please read my situation below and suggest me what should/can I do.

I had a work permit in 2012 because I was working fulltime. Then, due to layoff, I lost my job. During that time I studied but my credits are not enough to apply for study permit. I called immigration office to discuss if I can apply for student permit with my current amount of credits. They replied that in my case, as I was working fulltime, credits will not be a big hurdle. I got excited about this news. So I applied for study permit on 7th June. Luckily, after 2 weeks I got another job. Then I cancelled my student permit application and applied for work permit on 24th of July. On 29th July, company where I was working told me that they are not going to continue with agreement which I have with them. I was shocked and still I am. The next day I went to immigration office(not immigration poliisi) and cancelled my work permit and renewed my previous study permit application. After doing this, I received a phone call from the CEO of that company where I was working told me that they want to continue with me as a freelancer. Then we signed freelancer agreement which is ongoing agreement. According to this agreement, they will need my fulltime to work for them.

Now should I cancel again my study permit and apply for work permit? Is it OK to keep canceling and applying for new permits? How will this affect my application process? Any further suggestion on what should I do, would be highly appreciated.

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Adrian42 · Post by **Adrian42** » Tue Jul 30, 2013 8:29 pm

doforumda wrote:Any further suggestion on what should I do, would be highly appreciated.

What do you actually want?

You should make up your mind whether you want to study or whether you want to work.

And then stick to that.

Your demonstration of "I want to study just to fill the time between jobs" is not doing you any good (and wastes a lot of tax money spent on universities).

doforumda · Post by **doforumda** » Tue Jul 30, 2013 8:37 pm

I want to study as well as work at the same time. Working as a freelancer is best choice for me as I will have more time to concentrate on my degree.

Adrian42 · Post by **Adrian42** » Tue Jul 30, 2013 9:06 pm

doforumda wrote:I want to study as well as work at the same time.

You cannot work full-time (especially not as freelancer where you are not limited by the 37.5 hours) and study full-time at the same time.

No matter what the permit allows, that is simply a stupid idea.

doforumda wrote:Working as a freelancer is best choice for me as I will have more time to concentrate on my degree.

You have signed a full-time freelance contract and expect to work less hours than on a full-time normal employment?
WTF are you smoking?
In reality (especially after your past experiences with that company) it is more likely that they will pressure you to work 60 hours per week when a deadline is approaching.

You are allowed to work 25 hours per week with a student Residence Permit, and if you want to concentrate on your degree you should definitely not sign a contract that commits you to working more (even if you would be on a work permit).

Adrian42 · Post by **Adrian42** » Tue Jul 30, 2013 11:41 pm

roger_roger wrote:
doforumda wrote: Is it OK to keep canceling and applying for new permits? How will this affect my application process?
Doesn't really matter, If you have open contract or contract for min 2 years,

Wrong, the OP is no longer employed.

He is considering getting a new Residence Permit based on self-employment.

roger_roger wrote:I would suggest to get the resident permit based on work. It will help you in further cases. The only effect will be your form processing time and/or application money (if involved while cancelling and changing).

If he applies based on self-employment now and loses his sole customer, trying to receive a Residence Permit based on studying might be much harder in a year due to the back-and-forth he did this year.

Other factors to consider:
- student Residence Permits have priority and are processed very quickly, Residence Permits based on self-employment are a longer process and don't have much priority
- a student Residence Permit is nearly guaranteed to be granted, a Residence Permit based on self-employment might e.g. fail on the "no other person available in the job market" test

doforumda · Post by **doforumda** » Wed Jul 31, 2013 8:05 am

roger_roger wrote:
doforumda wrote:I still don't want to discourage you and wish you success with your endeavour, but I can help you by informing if it is the same company I had experience with, if you can send me PM stating the company/person name.

I sent you PMB please check it.

doforumda · Post by **doforumda** » Wed Jul 31, 2013 11:05 am

roger_roger wrote:
doforumda wrote:I have had few flirts with these kind of companies, which says they want to employ you, and after few days they cannot employ you, after few weeks ask you if you are still free and could work in freelance capacity.

Have you got work permit based on Freelance contract / agreement? As mine is open contract i.e. ongoing. Is it possible to get work permit based on this?

Secondly, as you mentioned that you faced some flirts with these companies, have you faced sort of scenario that is similar to mine related to work permit/student permit application?

rinso · Post by **rinso** » Wed Jul 31, 2013 11:43 am

doforumda wrote:
Have you got work permit based on Freelance contract / agreement? As mine is open contract i.e. ongoing. Is it possible to get work permit based on this?

It is possible to get a RP as a free lancer but your business plan has to convince the police.
Having only one client is not a strong position.
Even an open ended contract can be terminated quite easily. Much easier than a normal working contract.

rinso · Post by **rinso** » Thu Aug 01, 2013 7:23 am

roger_roger wrote:
Adrian42 wrote:trying to receive a Residence Permit based on studying might be much harder in a year due to the back-and-forth he did this year.
I don't think so, the rules doesn't say so. The rule book says right or wrong, there is no politically right or politically wrong in rules book. If you are student and have completed some amount of credits and have enough fund to support your stay, do hell with back and forth.

His back and forth can give the impression he's trying to cover up something RP related.
If the police gets suspicious it is no longer a matter of enough to support your stay but of "what is really going on".
The least what can happen is that the application will take a loooong time.

onkko · Post by **onkko** » Fri Aug 02, 2013 12:24 am

As already said....

Ulkomaalaislaki

36 §

Yleiset edellytykset oleskeluluvan myöntämiselle

"Oleskelulupa voidaan jättää myöntämättä, jos on perustelua aihetta epäillä ulkomaalaisen tarkoituksena olevan maahantuloa tai maassa oleskelua koskevien säännösten kiertäminen."

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

Section 36
General requirements for issuing residence
permits

(2) A residence permit may be refused if
there are reasonable grounds to suspect that
the alien intends to evade the provisions on
entry into or residence in the country.

You seem to be evading and inventing reasons.

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