Alien Act after Brexit

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Maaria
Posts: 186
Joined: Fri Jul 12, 2019 3:49 am

Alien Act after Brexit

Post by Maaria » Tue Jun 07, 2022 4:24 pm

Does anyone know if there is an updated version of the alien act that refers to Brexit withdrawal agreement?



Alien Act after Brexit

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Upphew
Posts: 10748
Joined: Tue Apr 08, 2008 10:55 pm
Location: Lappeenranta

Re: Alien Act after Brexit

Post by Upphew » Wed Jun 08, 2022 4:26 pm

Maaria wrote:
Tue Jun 07, 2022 4:24 pm
Does anyone know if there is an updated version of the alien act that refers to Brexit withdrawal agreement?
Afaik no. But have you checked 666/2020? https://www.finlex.fi/fi/laki/alkup/2020/20200666
http://google.com http://translate.google.com http://urbandictionary.com
Visa is for visiting, Residence Permit for residing.

Maaria
Posts: 186
Joined: Fri Jul 12, 2019 3:49 am

Re: Alien Act after Brexit

Post by Maaria » Wed Jun 08, 2022 4:39 pm

Upphew wrote:
Wed Jun 08, 2022 4:26 pm
Maaria wrote:
Tue Jun 07, 2022 4:24 pm
Does anyone know if there is an updated version of the alien act that refers to Brexit withdrawal agreement?
Afaik no. But have you checked 666/2020? https://www.finlex.fi/fi/laki/alkup/2020/20200666
Thank you very much. I didn't see this before. But this one still doesn't cover the family members abroad that is covered under Brexit withdrawal agreement. Finland embassy is saying only right applies is visa is free of charge nothing else.

FinlandGirl
Posts: 1329
Joined: Sat Nov 09, 2019 10:43 am

Re: Alien Act after Brexit

Post by FinlandGirl » Wed Jun 08, 2022 6:35 pm

Maaria wrote:
Wed Jun 08, 2022 4:39 pm
Upphew wrote:
Wed Jun 08, 2022 4:26 pm
Maaria wrote:
Tue Jun 07, 2022 4:24 pm
Does anyone know if there is an updated version of the alien act that refers to Brexit withdrawal agreement?
Afaik no. But have you checked 666/2020? https://www.finlex.fi/fi/laki/alkup/2020/20200666
Thank you very much. I didn't see this before. But this one still doesn't cover the family members abroad that is covered under Brexit withdrawal agreement. Finland embassy is saying only right applies is visa is free of charge nothing else.
If the family tie was formed before 2021, they can apply at https://migri.fi/en/application-for-family-member

betelgeuse
Posts: 4353
Joined: Thu Aug 29, 2013 1:24 am

Re: Alien Act after Brexit

Post by betelgeuse » Wed Jun 08, 2022 7:51 pm

Maaria wrote:
Wed Jun 08, 2022 4:39 pm
Upphew wrote:
Wed Jun 08, 2022 4:26 pm
Maaria wrote:
Tue Jun 07, 2022 4:24 pm
Does anyone know if there is an updated version of the alien act that refers to Brexit withdrawal agreement?
Afaik no. But have you checked 666/2020? https://www.finlex.fi/fi/laki/alkup/2020/20200666
Thank you very much. I didn't see this before. But this one still doesn't cover the family members abroad that is covered under Brexit withdrawal agreement. Finland embassy is saying only right applies is visa is free of charge nothing else.
Brexit withdrawal agreement is EU law so it’s in eur-lex instead of finlex. There doesn’t need to be any changes to the Aliens Act.

Maaria
Posts: 186
Joined: Fri Jul 12, 2019 3:49 am

Re: Alien Act after Brexit

Post by Maaria » Wed Jun 08, 2022 8:13 pm

betelgeuse wrote:
Wed Jun 08, 2022 7:51 pm
Maaria wrote:
Wed Jun 08, 2022 4:39 pm
Upphew wrote:
Wed Jun 08, 2022 4:26 pm

Afaik no. But have you checked 666/2020? https://www.finlex.fi/fi/laki/alkup/2020/20200666
Thank you very much. I didn't see this before. But this one still doesn't cover the family members abroad that is covered under Brexit withdrawal agreement. Finland embassy is saying only right applies is visa is free of charge nothing else.
Brexit withdrawal agreement is EU law so it’s in eur-lex instead of finlex. There doesn’t need to be any changes to the Aliens Act.
So if an embassy is not recognizing the right given by Article 14 of withdrawal agreement, quoting from the relevant article should be be sufficient? I was trying to also give them a reference from Alien act.

FinlandGirl
Posts: 1329
Joined: Sat Nov 09, 2019 10:43 am

Re: Alien Act after Brexit

Post by FinlandGirl » Thu Jun 09, 2022 3:21 pm

Maaria wrote:
Wed Jun 08, 2022 8:13 pm
betelgeuse wrote:
Wed Jun 08, 2022 7:51 pm
Maaria wrote:
Wed Jun 08, 2022 4:39 pm


Thank you very much. I didn't see this before. But this one still doesn't cover the family members abroad that is covered under Brexit withdrawal agreement. Finland embassy is saying only right applies is visa is free of charge nothing else.
Brexit withdrawal agreement is EU law so it’s in eur-lex instead of finlex. There doesn’t need to be any changes to the Aliens Act.
So if an embassy is not recognizing the right given by Article 14 of withdrawal agreement, quoting from the relevant article should be be sufficient? I was trying to also give them a reference from Alien act.
You can also give them the reference from Migri I linked to that says
Migri wrote: You can apply for a right of residence under the withdrawal agreement even after the closing date of the application period, if your family member, who is a British citizen, has been granted a right of residence under the withdrawal agreement in Finland. Your family tie was formed before 1 January 2021.

betelgeuse
Posts: 4353
Joined: Thu Aug 29, 2013 1:24 am

Re: Alien Act after Brexit

Post by betelgeuse » Fri Jun 10, 2022 7:50 am

Maaria wrote:
Wed Jun 08, 2022 8:13 pm

So if an embassy is not recognizing the right given by Article 14 of withdrawal agreement, quoting from the relevant article should be be sufficient? I was trying to also give them a reference from Alien act.
What do you mean with not recognizing? Have you applied online and gotten a time at the embassy with them then not accepting to handle you?

Maaria
Posts: 186
Joined: Fri Jul 12, 2019 3:49 am

Re: Alien Act after Brexit

Post by Maaria » Thu Jun 16, 2022 3:09 am

betelgeuse wrote:
Fri Jun 10, 2022 7:50 am
Maaria wrote:
Wed Jun 08, 2022 8:13 pm

So if an embassy is not recognizing the right given by Article 14 of withdrawal agreement, quoting from the relevant article should be be sufficient? I was trying to also give them a reference from Alien act.
What do you mean with not recognizing? Have you applied online and gotten a time at the embassy with them then not accepting to handle you?
When I created this thread, Finland embassy did not recognize my relative's right to apply under the category of free movement similar to family members of an EU citizen. But after writing a long email to the embassy quoting all the relevant articles of the withdrawal agreement, they finally agreed after consulting with Finland Ministry of foreign affairs that my relative is entitled to free movement to the host country that is Finland. However, now while trying to submit the application VFS didn't want to take my relative's application because my relative does not live in the country where Finland embassy is located. When I emailed Finland embassy about this they said my relative must apply at swedish embassy where my relative lives. That's back to square 1. Swedish embassy is being very difficult about this as opposed to Finnish embassy who after verifying with MiniMinistrystry of foreign affairs Finland recognized my relative's right and was being very helpful.

Now I am afraid swedish embassy will refuse my relative's application. I have seen on another forum, swedish embassy debited visa application from even the spouse of an EU citizen. They had to go to EU commission and wait a long time before vthey were able to resolve it and get visa.

Maaria
Posts: 186
Joined: Fri Jul 12, 2019 3:49 am

Re: Alien Act after Brexit

Post by Maaria » Thu Jun 16, 2022 3:14 am

FinlandGirl wrote:
Thu Jun 09, 2022 3:21 pm

You can also give them the reference from Migri I linked to that says
Migri wrote: You can apply for a right of residence under the withdrawal agreement even after the closing date of the application period, if your family member, who is a British citizen, has been granted a right of residence under the withdrawal agreement in Finland. Your family tie was formed before 1 January 2021.

Thanks. I didn't think of this. But referring to article 14 of the withdrawal agreement worked with the Finnish embassy. But now I have a different problem.

FinlandGirl
Posts: 1329
Joined: Sat Nov 09, 2019 10:43 am

Re: Alien Act after Brexit

Post by FinlandGirl » Thu Jun 16, 2022 11:08 am

Maaria wrote:
Thu Jun 16, 2022 3:09 am
betelgeuse wrote:
Fri Jun 10, 2022 7:50 am
Maaria wrote:
Wed Jun 08, 2022 8:13 pm

So if an embassy is not recognizing the right given by Article 14 of withdrawal agreement, quoting from the relevant article should be be sufficient? I was trying to also give them a reference from Alien act.
What do you mean with not recognizing? Have you applied online and gotten a time at the embassy with them then not accepting to handle you?
When I created this thread, Finland embassy did not recognize my relative's right to apply under the category of free movement similar to family members of an EU citizen. But after writing a long email to the embassy quoting all the relevant articles of the withdrawal agreement, they finally agreed after consulting with Finland Ministry of foreign affairs that my relative is entitled to free movement to the host country that is Finland. However, now while trying to submit the application VFS didn't want to take my relative's application because my relative does not live in the country where Finland embassy is located.
You still haven't explained why your relative is not applying to Migri at EnterFinland, which would be the correct place for right of residence (or residence permits).

Maaria
Posts: 186
Joined: Fri Jul 12, 2019 3:49 am

Re: Alien Act after Brexit

Post by Maaria » Fri Jun 17, 2022 6:54 am

FinlandGirl wrote:
Thu Jun 16, 2022 11:08 am
You still haven't explained why your relative is not applying to Migri at EnterFinland, which would be the correct place for right of residence (or residence permits).
My relative is applying for a visa for short term (90 days), not applying for residence permit. That's why we didn't apply to migri.


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