Divorce for foreigners and consequences on Visa

unknown3 · Post by **unknown3** » Wed Sep 24, 2014 12:43 pm

Hello,
I am an EU citizen married with non-EU citizen in Finland. His visa is based on family ties since we got married but i'm planning to divorce. What will happen for him ? Is there any possibility for him to stay in Finland as he's working and studying there ?
I want to find the solution for his visa before telling him that I am divorcing. I don't want to kick him out from Europe, it's been now 4 years that he is in Finland. He has friends, work, studies, he is speaking finnish, so to me he deserves to stay there.

If you can send me any kind of laws for aliens that would be very nice.

Thank you for your help !

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Upphew · Post by **Upphew** » Wed Sep 24, 2014 1:46 pm

unknown3 wrote:Hello,
I am an EU citizen married with non-EU citizen in Finland. His visa is based on family ties since we got married but i'm planning to divorce. What will happen for him ? Is there any possibility for him to stay in Finland as he's working and studying there ?
I want to find the solution for his visa before telling him that I am divorcing. I don't want to kick him out from Europe, it's been now 4 years that he is in Finland. He has friends, work, studies, he is speaking finnish, so to me he deserves to stay there.

If you can send me any kind of laws for aliens that would be very nice.

Thank you for your help !

First things first: visa is for visiting, residence permit is for residing.
www.migri.fi

Yes there is possibility for him to stay. But probably on new residence permit, as there isn't any grounds for RP based on family ties. So most likely it is either study or work. See the previous link, check income requirement, right to work and need for health insurance, in case of study permit.

for you and the way you are handling this. Take him into loop, better for all involved that there isn't any secret plans.

unknown3 · Post by **unknown3** » Wed Sep 24, 2014 1:55 pm

Thank you Upphew for your help. It is very helpful.

By the way do you know the procedure of divorce for foreigners in Finland (considering that our wedding is registered in our native countries) ?

Upphew · Post by **Upphew** » Wed Sep 24, 2014 2:48 pm

unknown3 wrote:Thank you Upphew for your help. It is very helpful.

By the way do you know the procedure of divorce for foreigners in Finland (considering that our wedding is registered in our native countries) ?

Fill the paper, wait 6 months, fill the paper, done. I almost wrote papers, but we are talking about one a4 and the same paper after the cool down period. You'll need to fill two papers, if you both don't sign the paper. After 6 months either of you can fill and sign and the divorce is granted.
http://www.infopankki.fi/en/living-in-f ... ly/divorce

Upphew · Post by **Upphew** » Wed Sep 24, 2014 3:11 pm

tummansininen wrote:Does he satisfy the requirements to apply for citizenship? Has he done the YKI test and scored a 3? If at all possible, get those things done asap.

4 years would still need Finnish spouse or close ties.

unknown3 · Post by **unknown3** » Wed Sep 24, 2014 3:27 pm

I don't know about this test at all. Can you please send me the link ?

I know he's been living in Finland since 2010 on student residence permit. but since we got married in 2013, his residence permit is based on our marriage.

Concerning the divorce procedure , will I be divorce in his country also ? If not, is there more complicated procedure to do that ?

Pursuivant · Post by **Pursuivant** » Wed Sep 24, 2014 3:35 pm

Isn't it after the 5- year permit you get a "P" without end-date? Once he gets a "P" they generally lose interest.

Pursuivant · Post by **Pursuivant** » Wed Sep 24, 2014 3:37 pm

You live in Finland - you get divorced in Finland - you can get a paper stating its valid in the whole EU.
Whatever other country is considered thats their problem there, so ask the embassy.

unknown3 · Post by **unknown3** » Wed Sep 24, 2014 3:41 pm

Pursuivant wrote:You live in Finland - you get divorced in Finland - you can get a paper stating its valid in the whole EU.
Whatever other country is considered thats their problem there, so ask the embassy.

I know that but I would need the concerned extract of law that would explain my rights and his rights. I just cannot find it on Internet.

Upphew · Post by **Upphew** » Wed Sep 24, 2014 4:41 pm

unknown3 wrote:
Pursuivant wrote:You live in Finland - you get divorced in Finland - you can get a paper stating its valid in the whole EU.
Whatever other country is considered thats their problem there, so ask the embassy.
I know that but I would need the concerned extract of law that would explain my rights and his rights. I just cannot find it on Internet.

Rights? After divorce you are separate entities again. Unless his country doesn't recognize divorce or Finnish divorce. Then you are married still in that country. But here you are divorced.

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