Divorce - Citizenship or Permanent Residence application?

[pikkukettunen]

Hello everyone!

I'm stuck in a situation where I'm not sure what the best option is now and I would really appreciate it if you could give me some advice.

I'm a non-EU citizen and married to a Finnish citizen. It looks like our marriage is coming to an end and filing for divorce is the matter of time. Thus, I'm considering apply for PR or citizenship as I wish to permanently reside here. Belows are some details for your assessment:
- Moved to Finland and got married 11.2015
- First RP approved 12.2015
- Current permit valid till 12.2020
=> I have been married for 3yrs 4months, residing in Finland for 3yrs 3months
- YKI 3344, Finnish university degree (program in Finnish)
- Permanent work contract, stable income

I have read from somewhere that my right to live and work won't be affected if the marriage lasts for at least 3 years?

I understand that the divorce will take 6 months. If my husband and I agree to postpone filing the divorce for a couple of months, I might be able to have enough time as period of residence.

Is possible to apply for PR or citizenship while the divorce is being processed? Or if the divorce is finalized during the time the citizenship application is under process, is it likely to get a negative decision? Is it safer to apply for PR as the processing time is shorter (1-2months according to migri website)?

Please kindly advise. Thank you very much.

[Beequeenn]

In most cases, your grounds for a PR are the same as they were for your previous permit; but you can also apply for PR on the new ground if you met the requirements, which is in your case, on working ground, as you have a permanent work contract.

If you married to a Finn then you can apply for citizenship after living in Finland for 4 years (otherwise 5 years), and “You also need to live together with your spouse, and you need to have lived with him or her for at least three years. If your spouse has died but he or she was a Finnish citizen, you need to have lived with your spouse for at least three years before he or she died”. So:

- You will have to wait for at least 6 months to apply for PR (migri suggests to apply for PR not sooner than 3 months before your permit expires) or,

- If you want to apply for citizenship as a Finn’s spouse, you also have to wait at least 6 months and your divorce definitely must be postponed; otherwise you will have to wait at least 1,5 years to apply citizenship on your own.

My wording is clumsy but hope you get the idea.

[tavastia]

For citizenship is enough you lived for 4 years even you just have YKI.

If you have the language skills required for becoming a Finnish citizen, it is sufficient if your permanent residence and domicile has been in Finland
for the past four years without interruption

Any of the conditions listed here https://migri.fi/en/period-of-residence will allow you to apply after 4 years.

[Ninja]

You still need to get your permanent residence permit, it is a separate matter from obtaining citizenship, this didn't make sense to me but it's from the mouth of a migri worker so blame her if that isn't quite true.

You'll be able to apply for that in 2020, can you even apply for PR before your current permit expires? I'm not sure.

Once you get the permanent residence then you're pretty much free to do what you want, that might be another good reason to hang in there until next year if you don't have any family ties, but you've also got a job, with steady income I would think that you'd be fine but that's more dependent I would think on the person handling your case, less variables to consider, so I'd say to not official divorce just yet.

I wouldn't be paranoid about it though, it sounds like you'll get a workers permit at the very least and then you can probably find some other Finnish smuck to marry and/or get your citizenship, it should all work out, but of course the easiest way would be to stay married officially until you get your PR.

[pikkukettunen]

Thank you guys for the replies. I'm still pretty confused of a couple of things.

1. What is considered close tie to Finland apart from a Finnish spouse or child? I heard that YKi 4 and Finnish Degree (taught in Finnish) isn't enough.

2. So I can apply for PR only when my current permit is about to expire, meaning around 9.2020. But if I wait till then, don't I have almost 5 years of continuous residence and am eligible for citizenship application? Or, does it mean, without a spouse, I have to apply first PR and then citizenship?

3. It looks like my husband doesnt want to drag the marriage much longer. It is likely that he will file the paper latest by 7.2019 (so the divorce is final in 1.2020). What will happen to me? Is it a crazy move to just apply for PR in 11.2019 and hopefully get it before 1.2020??

[Beequeenn]

1. What is considered close tie to Finland apart from a Finnish spouse or child? I heard that YKi 4 and Finnish Degree (taught in Finnish) isn't enough.

As far as I know, no-one without Finnish spouse be able to apply for citizenship after 4 years just because he/she has YKI even though it is written on migri website. Correct me if I am wrong.

2. So I can apply for PR only when my current permit is about to expire, meaning around 9.2020. But if I wait till then, don't I have almost 5 years of continuous residence and am eligible for citizenship application? Or, does it mean, without a spouse, I have to apply first PR and then citizenship?

You can apply for PR after 4 years which means after 6 months. You dont need to wait until your current permit is about to expire. I believe if your current permit is on family ties then the PR will be on the same ground. No idea if you can get PR on other grounds now. In either case you have to wait 6 months. I know some people who are eligible for both PR and citizenship so they appied them at the same time. Your case is pretty much same if you divorce is postponed until then.

3. It looks like my husband doesnt want to drag the marriage much longer. It is likely that he will file the paper latest by 7.2019 (so the divorce is final in 1.2020). What will happen to me? Is it a crazy move to just apply for PR in 11.2019 and hopefully get it before 1.2020??

I am still pretty sure that the divorce will affect your PR and citizenship application. If he files the divorce in July and you will apply for PR or citizenship in November then you for sure must apply it on other ground than family ties. Otherwise it will be difficult.

Anyway, i would rather send an email to migri to ask for better answer from officers. I once asked about my citizenship and they answered very clear. Good luck!

[mois_2012]

"- Current permit valid till 12.2020"

If you get divorced within the next 6 months, your residence permit will be invalid as soon as the divorce is finalised as you will lose the ground on which the residence permit was given to you.

- Permanent work contract, stable income

If you have a permanent work contract and a stable income, you should definitely try to get a residence permit based on your job. You would need a monthly income of at least 1165€ (amount may vary by now) from the job to get A type residence permit. After you get A type residence permit, you apply for the citizenship without the tension or mental pressure of thoughts whether you can get citizenship or not if you get divorced etc. Besides, divorce might not be an easy fact to handle mentally, in one hand and then mental pressure whether you can get citizenship or not if you get divorced.

On the other hand, you can feel more confident about yourself and independent in thinking that you applied for citizenship based on the job. Yes, it will take a bit longer (maybe 6 months) but the mental benefit and strength will be huge, I think.