Student RP Appeal status

Foreign Student · Post by **Foreign Student** » Sun Nov 01, 2015 4:09 am

My student visa that I applied for a year was only granted for 4 months. I appealed through a lawyer and it is now in Helsinki court for almost a year.4 month visa expired in November 2014. Lawyer says that court/immigration is busy due to huge influx of refugees etc etc.I think my stay in Finland is legal(as long as my appeal is ongoing) and I need a document to confirm this in order to extend my passport.Home country needs to see a document confirming that I either have a RP/visa or some other form of legal stay in Finland.My lawyer says that my stay here is not legal which is disappointing because I think he is wrong!Polisi is quiet on this saying your lawyer can tell you about this, they shall not comment on it as long as this case is in court.
What does the law say?If a student appeals and during the appeal process, if his RP expires, will he become illegal(and subject to deportation)? I hope not because I have not received any notice of deportation. I think my stay is legal until my appeal is turned down by the Helsinki court. Who shall issue such a document?I am trying to find more information!

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Beep_Boop · Post by **Beep_Boop** » Sun Nov 01, 2015 1:44 pm

Your right of residence as definitely expired. However, the law says that during the appeal process you're allowed to stay in Finland. So, yeah, your stay is legal.

How have you been supporting yourself in the past 8 months, by the way?

Rip · Post by **Rip** » Sun Nov 01, 2015 2:34 pm

Op does not need worry about any immediate deportation (in eyes of Finnish law your continued stay is legal for now), but it is really his home country that decides what is "legal" enough (to grant him new passport). Assuming he'd come here as a visa free tourist. That would be legal, but quite possibly his home country would not consider him residing here properly enough.

rinso · Post by **rinso** » Sun Nov 01, 2015 2:58 pm

Like it is said before; you don't need to be afraid of being kicked out.
But your stay is not "legal" in the sense that you are a resident. Your status is; "allowed to stay awaiting appeal". I don't know if that is enough for your home country.

betelgeuse · Post by **betelgeuse** » Sun Nov 01, 2015 4:00 pm

Foreign Student wrote:Who shall issue such a document?I am trying to find more information!

Migri does have a process to issue certificates:

http://www.migri.fi/information_elsewhe ... _documents

Only the embassy of your country is in a position to comment what they deem sufficient.

Foreign Student · Post by **Foreign Student** » Mon Nov 02, 2015 5:45 am

Rip wrote:Op does not need worry about any immediate deportation (in eyes of Finnish law your continued stay is legal for now), but it is really his home country that decides what is "legal" enough (to grant him new passport). Assuming he'd come here as a visa free tourist. That would be legal, but quite possibly his home country would not consider him residing here properly enough.

No, I am not from a visa free country. In theory, my home country should issue me a new passport, I assume it is one of my fundamental rights being a born citizen there. The nearest embassy is in Stockholm, not in Finland, so I cannot go there in person because I might have some problem coming back into Finland without a RP/visa.

Then, when it comes to offering jobs in consulates, foreign missions and embassies, the job advert in the newspaper is like "pricks wanted to work in foreign services". These idiots in their royal chairs think themselves as the Kings and us all their poor subjects. When I tried to reason with their official"but sir, passport is my right, he said, screw you and your rights." So, if I need a new passport, I must need a valid RP and once my passport is expired, Finnish Immigration Service probably will not take a new residence permit application or issue a RP on an expired passport. It appears to me that I am totally screwed unless Helsinki court finds this matter in my favour, chances of which are pretty slim!

Foreign Student · Post by **Foreign Student** » Mon Nov 02, 2015 5:47 am

How have you been supporting yourself in the past 8 months, by the way?[/quote]

By working in the past when I had the RP, but not now. I am now using up my hard earned savings and looking for some work! Doubt though anybody would want to employ me with expired RP

Foreign Student · Post by **Foreign Student** » Mon Nov 02, 2015 5:53 am

betelgeuse wrote:
Foreign Student wrote:Who shall issue such a document?I am trying to find more information!
Migri does have a process to issue certificates:

http://www.migri.fi/information_elsewhe ... _documents

Unfortunately Migri does not issue a certificate that Mr. xyz is living in Finland legal or illegally. I have asked the local police, they say they cannot issue anything because this is a live case in Helsinki court. My lawyer is convinced that I am an illegal here in Finland, I asked him to write to Migri asking them to issue a letter mentioning my status but he says there is no point.

Only the embassy of your country is in a position to comment what they deem sufficient.

The embassy said that either I must present a valid RP or a letter from Police/immigration confirming that my stay in Finland is legal. They said, they don't issue passports to illegals. Even when the illegal person is a citizen of their country. Bureaucracy at its level best!

Foreign Student · Post by **Foreign Student** » Mon Nov 02, 2015 5:55 am

rinso wrote:Like it is said before; you don't need to be afraid of being kicked out.
But your stay is not "legal" in the sense that you are a resident. Your status is; "allowed to stay awaiting appeal". I don't know if that is enough for your home country.

"allowed to stay awaiting appeal" should be fine if Police/immigration can write it on a letter!It appears that they don't issue such letters.

Beep_Boop · Post by **Beep_Boop** » Mon Nov 02, 2015 10:05 am

Foreign Student wrote:hen, when it comes to offering jobs in consulates, foreign missions and embassies, the job advert in the newspaper is like "pricks wanted to work in foreign services". These idiots in their royal chairs think themselves as the Kings and us all their poor subjects. When I tried to reason with their official"but sir, passport is my right, he said, screw you and your rights."

That sounds exactly like the embassy of my home country, which is also in Sweden because they don't have one in Finland

Foreign Student wrote:"allowed to stay awaiting appeal" should be fine if Police/immigration can write it on a letter!It appears that they don't issue such letters.

Since I was in the a similar situation when I was extending my passport two years ago (not an appeal, but waiting for a work-based RP decision, which took double the average waiting time), so I sympathize with your situation. Anyway, I called my lawyer friend who works with immigration cases.
She said that Migri cannot issue you such paper because you don't have a valid residence permit and you're not awaiting any decision from Migri or the police. What's happening here is that, because you lodged an appeal application, you're shielded from deportation until the court decides on your case. This means that you're in this legal limbo where you cannot be given any paper to show the status of your stay in Finland other than that you lodged an appeal application and it hasn't been turned down yet.

Also, it seems like my friend shares the same opinion as your lawyer. She also said that your stay is not technically legal, which means the police can deport you, but you're protected from deportation because of the appeal process.

Regardless of all of this, I encourage you to take book an appointment with an immigration officer and explain your situation. They might be able to help you somehow.

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