Refusal of redidence permit and appeal

Isha · Post by **Isha** » Tue Dec 03, 2013 2:02 am

Hi, can anyone help me with this. Me and my daughter applied a residence permit in our home country and we are refused. We go in finland as a tourist and we appealed the refusal of our visa. Are we allowed to stay here in finland while we are waiting the decision of rhe court? Because the validity if our tourist visa is until january. Do you have any idea about this? Thanks!

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Dalmatinac · Post by **Dalmatinac** » Tue Dec 03, 2013 9:42 am

just trying to get to country, but I don't understand your post completely.

rinso · Post by **rinso** » Tue Dec 03, 2013 10:01 am

Most likely you have to go back before the visa runs out.
Using a tourist visa to get here and wait for the appeal is a misuse of the visa.
Appealing is not a "get here for free" ticket.

Isha · Post by **Isha** » Tue Dec 03, 2013 2:16 pm

We are not allowed to wait here in finland the decision on appeal? I read some of the conversation here that if you have an appeal and pending application you are allowed to wait here in finland for the decision. Is that true? Im very confused. My partner is a permanent resident here in finland.

Isha · Post by **Isha** » Tue Dec 03, 2013 2:22 pm

By the way where can i check the rules on appealing? Do you know any link that can i read regarding my concern? So it will be more clearly with me. Thanks

rinso · Post by **rinso** » Tue Dec 03, 2013 2:54 pm

By the way where can i check the rules on appealing?
.
My partner is a permanent resident here in finland.

Then your partner should be able to help you.

betelgeuse · Post by **betelgeuse** » Tue Dec 03, 2013 4:12 pm

Isha wrote:By the way where can i check the rules on appealing? Do you know any link that can i read regarding my concern? So it will be more clearly with me. Thanks

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

Original:

http://www.finlex.fi/fi/laki/ajantasa/2004/20040301

Flossy1978 · Post by **Flossy1978** » Tue Dec 03, 2013 6:13 pm

So if I read you correctly you were denied a Residence's Permit to come here?

And so you've decided you'll come here, or are here already on a holiday visa?

And now you decided you want to make an appeal here in Finland for the denied permit, which was denied while in your own country?

If this is true, you are breaking the law. Misuse of a visa.

There is a reason why you were denied. You need to fight it back in your own country and not try to come here illegally.

cors187 · Post by **cors187** » Tue Dec 03, 2013 8:11 pm

Isha wrote:We are not allowed to wait here in finland the decision on appeal? I read some of the conversation here that if you have an appeal and pending application you are allowed to wait here in finland for the decision. Is that true? Im very confused. My partner is a permanent resident here in finland.

If you and your child are dependent on your partner for living and somehow you can prove it , then your partner should see a lawyer who specializes in immigration.

Isha · Post by **Isha** » Tue Dec 03, 2013 8:50 pm

We are already here in finland as a tourist, we are not staying here illegaly and we are living with my partner. Our lawyer here in finland already filed an appeal. We want to stay here to wait the decision of the court. Is there any possibility that immigration or police will allow us? Thank you.

007 · Post by **007** » Tue Dec 03, 2013 10:05 pm

Isha wrote:We are already here in finland as a tourist, we are not staying here illegaly and we are living with my partner. Our lawyer here in finland already filed an appeal. We want to stay here to wait the decision of the court. Is there any possibility that immigration or police will allow us? Thank you.

so you already have a lawyer. What did your lawyer say about this? If you aren't satisfied with your lawyer, here's my free dime: since you don't need to or won't need to appear in court for handling the residence permit, your whereabout is of least siginficance in resolving the issue, hence the exit door.

perhaps you have heard of those cases where they interview the people, esp. regarding residence permits based on marriage or work. As you can see, at one point, the person will be interviewed etc, so might have a chance to stay in Finland during appeal. in yoru case, it's your husband who will be intereviewed, if interviewed at all because you are seeking a dependent permit on him.

edit: forgot to add, that you are on tourist visa, so once it runs out, exit door. had you been here with residence permit, there might have a chance to wait till the decision or if you had applied for aslyum, you could possible wait till deciion on appeal has been made but as a tourist, things don't look bright for you. Anyway, i still think you should better consult your laywer one more time regarding this.

Flossy1978 · Post by **Flossy1978** » Wed Dec 04, 2013 6:48 am

You came here on a tourist visa and want to stay here while you wait for your appeal. Yet you didn't apply for the residence's permit here in the first place?

You are BREAKING the law the way you are doing this. Please don't tell us what you are doing isn't illegal, when everyone has been telling you it's wrong to come here on a tourist visa and then file an appeal as you are doing.

Go to the immigration office and ask if you choose not to believe us.

You should have filed the appeal in your own country. You will be breaking the law if you stay here longer than your visa allows you to. Simple as that.

cors187 · Post by **cors187** » Wed Dec 04, 2013 7:37 am

Isha wrote:We are already here in finland as a tourist, we are not staying here illegaly and we are living with my partner. Our lawyer here in finland already filed an appeal. We want to stay here to wait the decision of the court. Is there any possibility that immigration or police will allow us? Thank you.

To stay longer your Status needs to be changed to another interim.
As was linked ealier by betelgeuse

Section 27 (323/2009)
Extending validity period of Schengen visas
The validity period of a Schengen visa may
be extended and days of residence added, if
there are special reasons for it and if the
requirements for issuing a visa are still met.
The total combined duration of residence
may not exceed three months in a half-year
from the first entry into the Schengen area.

Your tourist visa only allows 3 months stay within a 6 month period.
I would say that families have proven in court that removing the already "present" family(including children) is detrimental and costly.But remember you have to also prove a lot more things.
Your actually in a situation that needs a competent lawyer, not just a bum lawyer that wastes your chance.
If you can prove all the requirements to stay here, great.
But i think as many others have learned, if you cannot prove all those requirements and are just hanging by an internet thread, then your going to waste time and money, and back to the end of the line! palata alussa jonossa

rinso · Post by **rinso** » Wed Dec 04, 2013 10:14 am

But i think as many others have learned, if you cannot prove all those requirements and are just hanging by an internet thread, then your going to waste time and money, and back to the end of the line! palata alussa jonossa

And trying to stay here after your visa expired is only the first step.
Getting the rejected RP reversed is the next problem.
The rejection was for a reason and more often than not the decision remains the same.

Your actually in a situation that needs a competent lawyer, not just a bum lawyer that wastes your chance.

And remember a lawyer will always tell you there is a chance (and writing/copy/paste standard letters while collecting a fee) even if he knows from experience the chance is minimal.
It is not like an American TV series where they try every trick for their client and use every loophole. Here they tend to stay well within the intention of the law.

Oombongo · Post by **Oombongo** » Wed Dec 04, 2013 11:39 am

coming as tourist, and then applying for a residence permit? Who gave you this ingenious idea of trying this shortcut? The guy in the mirror?
you always apply for a residence permit based on marriage from home country, and follow a proper procedure. Those proper procedures are there for a reason, aka to keep self-proclaimed clever folks out of the country who try to misuse a facility (tourist visa in this case) without even looking at migri website.

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