Please help! Question about EU citizen's right of residence as a self employed person.

[Maaria]

Has anyone (EU citizen) registered his or her right if residence on the basis of self employment? How long did it take you to receive the registration certificate?

I submitted my application online and verified my identity in the Finnish Immigration Service. They told me they will not give me the registration certificate instantly as it is done usually, because my case will be forwarded to the head office since I applied as an entrepreneur. It will take few months to process my application.

I just wanted to know other people's experience in a similar situation as mine. Please post your experience or of someone you know who registered EU citizen's right of residence on the basis of self employment.

[Maaria]

Anyone went through similar experience?

[Maaria]

Anyone?

[betelgeuse]

Anyone?

You might want to make a complaint to Parliamentary Ombudsman since under Union and Finnish law the certificate needs to be given immediately on production of sufficient documents.

[Maaria]

You might want to make a complaint to Parliamentary Ombudsman since under Union and Finnish law the certificate needs to be given immediately on production of sufficient documents.

Ohh really? I didn't know I can complain. They told me that my case is not straight forward such as having job offer. Therefore, the officer receiving my documents at the MIGRI office can't make the decision and my application has to be forwarded to the head office. When I called MIGRI customer service, they said they are backlogged and it will take them 2-3 months to before they can review my documents. Now you made me think.

[betelgeuse]

You might want to make a complaint to Parliamentary Ombudsman since under Union and Finnish law the certificate needs to be given immediately on production of sufficient documents.

Ohh really? I didn't know I can complain. They told me that my case is not straight forward such as having job offer. Therefore, the officer receiving my documents at the MIGRI office can't make the decision and my application has to be forwarded to the head office. When I called MIGRI customer service, they said they are backlogged and it will take them 2-3 months to before they can review my documents. Now you made me think.

The default in Finland is that you can make complaints. You should fill the form here:

https://www.oikeusasiamies.fi/en/web/gu ... -ombudsman

You should reference Aliens Act 159 §

"(2) An EU citizen who has provided proof that he or she meets the requirements of registration must be immediately issued with a registration certificate, giving his or her name and address, and the date of registration."

https://www.finlex.fi/fi/laki/kaannokse ... 040301.pdf

[Maaria]

The default in Finland is that you can make complaints. You should fill the form here:

https://www.oikeusasiamies.fi/en/web/gu ... -ombudsman

You should reference Aliens Act 159 §

"(2) An EU citizen who has provided proof that he or she meets the requirements of registration must be immediately issued with a registration certificate, giving his or her name and address, and the date of registration."

https://www.finlex.fi/fi/laki/kaannokse ... 040301.pdf

Thank you very much. I appreciate the resources. I was looking for this information after your last reply.

[Maaria]

The default in Finland is that you can make complaints. You should fill the form here:

https://www.oikeusasiamies.fi/en/web/gu ... -ombudsman

You should reference Aliens Act 159 §

"(2) An EU citizen who has provided proof that he or she meets the requirements of registration must be immediately issued with a registration certificate, giving his or her name and address, and the date of registration."

https://www.finlex.fi/fi/laki/kaannokse ... 040301.pdf

Thank you for your help. I logged in to enter Finland and now it shows "in progress". After I receive my right of residence certificate, we will apply for my spouse who is a non EU citizen. If I complain to parliamentary ombudsman regarding my case, is there any chance MIGRI could make it difficult when we apply for my spouse?

[betelgeuse]

Thank you for your help. I logged in to enter Finland and now it shows "in progress". After I receive my right of residence certificate, we will apply for my spouse who is a non EU citizen. If I complain to parliamentary ombudsman regarding my case, is there any chance MIGRI could make it difficult when we apply for my spouse?

You could have applied for both at the same time. It would be unprofessional and illegal for it to have effect.

[Maaria]

You could have applied for both at the same time. It would be unprofessional and illegal for it to have effect.

Thanks for the reply. I didn't think at the time. Migri customer service on the phone advised that my spouse apply after my right of residence is approved. So I went with that.

Now Migri is asking me to submit additional documents, one of which is certificate of YEL insurance. My accountant advised me get YEL insurance at the minimum level for the first year.

I searched the forum and found one of your replies to post about YEL insurance for residence permit. This is what you said,

Having YEL at 12564 is something that Migri can use against you for decision making.

Does the same apply to right of residence of EU citizen?

[betelgeuse]

You could have applied for both at the same time. It would be unprofessional and illegal for it to have effect.

Thanks for the reply. I didn't think at the time. Migri customer service on the phone advised that my spouse apply after my right of residence is approved. So I went with that.

Now Migri is asking me to submit additional documents, one of which is certificate of YEL insurance. My accountant advised me get YEL insurance at the minimum level for the first year.

While it's de facto common place to set YEL lower than actual income, it's illegal. One should at least be aware that setting it low will mean missing out on new entrepreneur discount and any Kela payments will be low as they are based on the YEL insurance level.

I searched the forum and found one of your replies to post about YEL insurance for residence permit. This is what you said,

Having YEL at 12564 is something that Migri can use against you for decision making.

Does the same apply to right of residence of EU citizen?

Yes but to a lesser extent as registration of right of residence has easier rules to satisfy.

[Maaria]

You might want to make a complaint to Parliamentary Ombudsman since under Union and Finnish law the certificate needs to be given immediately on production of sufficient documents.

When we applied for my child and spouse now, even though my child is an EU citizen, they didn't give his right of residence certificate. They said they will make decision at the same time as my spouse who is a non EU citizen. Do they have a ground to do that or they are going against the law?

[betelgeuse]

You might want to make a complaint to Parliamentary Ombudsman since under Union and Finnish law the certificate needs to be given immediately on production of sufficient documents.

When we applied for my child and spouse now, even though my child is an EU citizen, they didn't give his right of residence certificate. They said they will make decision at the same time as my spouse who is a non EU citizen. Do they have a ground to do that or they are going against the law?

They probably don’t but only an entity like the state ombudsman can properly investigate.