negative decision on kela application, possible to change?

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viviandyp
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Joined: Sat Aug 22, 2015 12:47 pm

negative decision on kela application, possible to change?

Post by viviandyp » Mon Nov 16, 2015 4:27 pm

Dear all friends,

I am new here and now I have a situation and hope to find some answers here. Thanks in advance.

My husband started a research contract (currently for one year) in the University since October, and I came with him based on family tie.( both B type).

We applied the kela card on the first day we arrived, and got decision today.

It turns out that my husband got into the system for a fixed term (one year), but I got denied.

From the file numbers, it appeared that they processed my case first and denied; then my husband's case, which is positive. So will the decision be changed If I appeal back and say I should follow my husband and also get a fixed term kela card?

I looked into the website and find that in some cases, both husband and wife can get into the system for a fixed term ( both B type, fixed residence permit).

I am wondering in my case, is that possible to appeal and also get a fixed-term kela card?

Plus, I am now pregnant, will this factor also change the decision?

Thanks a lot! Every answer means a lot to me!



negative decision on kela application, possible to change?

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Piet
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Location: Finland

Re: negative decision on kela application, possible to chang

Post by Piet » Mon Nov 16, 2015 10:58 pm

viviandyp wrote:Dear all friends,

I am new here and now I have a situation and hope to find some answers here. Thanks in advance.

My husband started a research contract (currently for one year) in the University since October, and I came with him based on family tie.( both B type).

We applied the kela card on the first day we arrived, and got decision today.

It turns out that my husband got into the system for a fixed term (one year), but I got denied.

From the file numbers, it appeared that they processed my case first and denied; then my husband's case, which is positive. So will the decision be changed If I appeal back and say I should follow my husband and also get a fixed term kela card?

I looked into the website and find that in some cases, both husband and wife can get into the system for a fixed term ( both B type, fixed residence permit).

I am wondering in my case, is that possible to appeal and also get a fixed-term kela card?

Plus, I am now pregnant, will this factor also change the decision?

Thanks a lot! Every answer means a lot to me!
I quess your problem is that you do not have a Financial tie in Finland and your husband does, therefore he is part of the Kela healthcare system. Because you don't you are not part of the Kela healthcare system and you need your Insurance from your home country to cover your expenses or get a private insurance here.

But that is just my thought on how Kela looks at this... If you want to be sure, wait until adnan reacts, he seems to point out all the mistakes we write up here so just sit and wait for a while, he will pop up with the correct answer :lol: :lol:
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rinso
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Re: negative decision on kela application, possible to chang

Post by rinso » Tue Nov 17, 2015 6:58 am

From the file numbers, it appeared that they processed my case first and denied; then my husband's case, which is positive. So will the decision be changed If I appeal back and say I should follow my husband and also get a fixed term kela card?
This seems logical to me.
But Kela can be difficult to correct their mistakes.

viviandyp
Posts: 3
Joined: Sat Aug 22, 2015 12:47 pm

Re: negative decision on kela application, possible to chang

Post by viviandyp » Tue Nov 17, 2015 2:17 pm

Piet wrote:
viviandyp wrote:Dear all friends,

I am new here and now I have a situation and hope to find some answers here. Thanks in advance.

My husband started a research contract (currently for one year) in the University since October, and I came with him based on family tie.( both B type).

We applied the kela card on the first day we arrived, and got decision today.

It turns out that my husband got into the system for a fixed term (one year), but I got denied.

From the file numbers, it appeared that they processed my case first and denied; then my husband's case, which is positive. So will the decision be changed If I appeal back and say I should follow my husband and also get a fixed term kela card?

I looked into the website and find that in some cases, both husband and wife can get into the system for a fixed term ( both B type, fixed residence permit).

I am wondering in my case, is that possible to appeal and also get a fixed-term kela card?

Plus, I am now pregnant, will this factor also change the decision?

Thanks a lot! Every answer means a lot to me!
I quess your problem is that you do not have a Financial tie in Finland and your husband does, therefore he is part of the Kela healthcare system. Because you don't you are not part of the Kela healthcare system and you need your Insurance from your home country to cover your expenses or get a private insurance here.

But that is just my thought on how Kela looks at this... If you want to be sure, wait until adnan reacts, he seems to point out all the mistakes we write up here so just sit and wait for a while, he will pop up with the correct answer :lol: :lol:

Thanks! Is this meaning that the tax my husband paid has nothing to do with me?
I thought I can always follow him since we are a family....

betelgeuse
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Re: negative decision on kela application, possible to chang

Post by betelgeuse » Tue Nov 17, 2015 9:25 pm

Piet wrote: I quess your problem is that you do not have a Financial tie in Finland and your husband does, therefore he is part of the Kela healthcare system.
There's no concept of financial ties in the relevant Finnish legislation so I would just ignore this. The default principle is to cover everyone taking up permanent residence.
viviandyp wrote: From the file numbers, it appeared that they processed my case first and denied; then my husband's case, which is positive. So will the decision be changed If I appeal back and say I should follow my husband and also get a fixed term kela card?

I looked into the website and find that in some cases, both husband and wife can get into the system for a fixed term ( both B type, fixed residence permit).
Your husband was considered to be taking up residence temporarily since he was given a fixed term Kela card. This means he did not pass the default case of taking up permanent residence. He was covered due to special case of covering everyone working continuously for more than four months.

https://www.finlex.fi/fi/laki/ajantasa/ ... 1573#L2P3b

The temporary worker coverage does not extend to family members.
viviandyp wrote: I am wondering in my case, is that possible to appeal and also get a fixed-term kela card?
It's always possible to appeal in Finland. For the appeal to have success to me it seems best to consult an expert so they can review your situation in more detail.
viviandyp wrote: Plus, I am now pregnant, will this factor also change the decision?
Not relevant.

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Piet
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Location: Finland

Re: negative decision on kela application, possible to chang

Post by Piet » Tue Nov 17, 2015 10:31 pm

betelgeuse wrote:
Piet wrote: I quess your problem is that you do not have a Financial tie in Finland and your husband does, therefore he is part of the Kela healthcare system.
There's no concept of financial ties in the relevant Finnish legislation so I would just ignore this. The default principle is to cover everyone taking up permanent residence.

Your husband was considered to be taking up residence temporarily since he was given a fixed term Kela card. This means he did not pass the default case of taking up permanent residence. He was covered due to special case of covering everyone working continuously for more than four months.

The temporary worker coverage does not extend to family members.
Yeah that's what I meant with financial ties... :wink:
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viviandyp
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Re: negative decision on kela application, possible to chang

Post by viviandyp » Wed Nov 18, 2015 1:20 pm

betelgeuse wrote:
Piet wrote: I quess your problem is that you do not have a Financial tie in Finland and your husband does, therefore he is part of the Kela healthcare system.
There's no concept of financial ties in the relevant Finnish legislation so I would just ignore this. The default principle is to cover everyone taking up permanent residence.
viviandyp wrote: From the file numbers, it appeared that they processed my case first and denied; then my husband's case, which is positive. So will the decision be changed If I appeal back and say I should follow my husband and also get a fixed term kela card?

I looked into the website and find that in some cases, both husband and wife can get into the system for a fixed term ( both B type, fixed residence permit).
Your husband was considered to be taking up residence temporarily since he was given a fixed term Kela card. This means he did not pass the default case of taking up permanent residence. He was covered due to special case of covering everyone working continuously for more than four months.

https://www.finlex.fi/fi/laki/ajantasa/ ... 1573#L2P3b

The temporary worker coverage does not extend to family members.
viviandyp wrote: I am wondering in my case, is that possible to appeal and also get a fixed-term kela card?
It's always possible to appeal in Finland. For the appeal to have success to me it seems best to consult an expert so they can review your situation in more detail.
viviandyp wrote: Plus, I am now pregnant, will this factor also change the decision?
Not relevant.

Thanks~
when you mean expert, you mean lawyer? or what expert you may recommend?

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Piet
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Location: Finland

Re: negative decision on kela application, possible to chang

Post by Piet » Sat Nov 21, 2015 11:02 pm

You might want to check out infopankki.fi, they can (maybe) guide you to some more knowledge, but I think you are a bit late with this, you should have done this before you got here.
Most likely you cannot even use a local insurance company for your health related issues, but you need (hence you are here temporary) an insurance from your home country, all depend probably on the time you are expected to stay here (more or less than 2years or something).

As I just read up on the rules, it is correct that Kela decided as they did, you can appeal but there is no chance you will get registered at Kela. The only reason your husband is, is because he has a work contract, as soon as that ends, his Kela subscription will end too. The Finnish state is very blunt but clear in your case, you get no Financial support what so ever, so you can get health care but you have to pay for it yourself.

copy:
The move is also considered to be permanent if you come to Finland for family reasons or you have either a permanent work contract, or one for at least two years. If you move to Finland for a short period of time you are not considered to be moving permanently, nor if you are a student who is in Finland for the sole purpose of studying; in these cases you would not be entitled to social security benefits.

Under special circumstances, even those with residence permits valid for less than a year can be considered to be living in Finland provided that there are no reasons that would preclude renewal of the permit. Such special circumstances include family reunification
In your case, I guess your husband does not qualify for a permanent residence permit, so neither do you.

source: http://www.expat-finland.com/living_in_ ... #residence
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cors187
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Re: negative decision on kela application, possible to chang

Post by cors187 » Sun Nov 22, 2015 6:47 pm

viviandyp wrote:Dear all friends,

I am new here and now I have a situation and hope to find some answers here. Thanks in advance.

My husband started a research contract (currently for one year) in the University since October, and I came with him based on family tie.( both B type).

We applied the kela card on the first day we arrived, and got decision today.

It turns out that my husband got into the system for a fixed term (one year), but I got denied.

From the file numbers, it appeared that they processed my case first and denied; then my husband's case, which is positive. So will the decision be changed If I appeal back and say I should follow my husband and also get a fixed term kela card?

I looked into the website and find that in some cases, both husband and wife can get into the system for a fixed term ( both B type, fixed residence permit).

I am wondering in my case, is that possible to appeal and also get a fixed-term kela card?

Plus, I am now pregnant, will this factor also change the decision?

Thanks a lot! Every answer means a lot to me!
Are you using the correct terms(B permit).
I was under the impression that Finland was so smart that it would not let anyone who had to gain legal acceptance to enter finland not have some basic coverage.
What i mean is that your here and have been denied a kela entry. I understand that EU can come in and try to claim an entry but i figured it made sence that if a person who received legal entry through the authorities would also recieve a kela entry.
Is it so that you are some EU passport holder .
It seems stupid if you were non EU to do that to a person and how is it possible to recieve a B permit that doesnt have a 1 year expiry date?

It seems confusing.

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Piet
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Location: Finland

Re: negative decision on kela application, possible to chang

Post by Piet » Mon Nov 23, 2015 5:24 pm

cors187 wrote: I was under the impression that Finland was so smart that it would not let anyone who had to gain legal acceptance to enter finland not have some basic coverage.
Actually that is correct, for a permit of residence (at least for EU citizens so I guess this would be the minimum for others too :wink: ) you need a minimum income to sustain your life in Finland because you will have no rights to social benefits.

Example: you have a pension from Germany that is above the minimum required for a residence permit, you will be granted residence permit but you need your healthcare insurance from Germany.

Example: you have a Pension from Germany and you worked here in Finland and get also a pension from Finland, your income is above minimum, you get residence permit and you have healthcare insurance with Kela.

Example: you have a job in Finland, you get salary in Finland you have health insurance with Kela

Now the situation of OP, Husband has enough income to provide for his wife enough financial funds to grant residence permit for his wife, husband is having a job and salary in Finland so he is insured by Kela for healthcare, the women is not, she needs to arrange this privately or in her home country (she did not "emigrate" because the residence in Finland is not permanent).

To use the words of OP, the fact that the husband is paying tax is not granting her "insured" healthcare too.

But I could be wrong... ask adnan :wink:

http://www.kela.fi/web/en/moving-to-finland
If you move to Finland on a temporary basis, you will normally not be entitled to social security benefits from Kela.
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