Residence permit question - child will turn 18

[kilop]

Hello

I've been a long time lurker on here for many years and now it's time to post to ask my own questions.

I am a UK citizen. I have a child from a previous marriage, who is almost 12 years old, lets call him Child 1 (also a UK citizen). I am married to a Finn since 2020, we've been living together in the UK since 2015. We have since had two children together, both born after our marriage, who have each been registered on the Population Information System at the Finnish embassy in the UK. The two children hold British passports but I presume they could also get Finnish citizenship by declaration as their father is Finnish, born after our marriage and is listed on their (already legalised/apostilled) birth certificates.

We are looking at moving to Finland on a Family Ties visa. It would be myself and Child 1 on the application. I am concerned at him being almost 12, as to what happens when he turns 18.

My questions are as follows:

1) Would his permit expire when he turned 18, or at the expiry date of the permit after he was 18? As in, if we waited a couple of years and went when he was say 16, would he only get 2 years out of the permit?

2) He has autism. Is it possible to get some sort of extension to continue to count him on the family ties visa? Or is the only option for him to be assessed as an adult, likely on a work visa?

3) If we went immediately and managed to apply for a second/the next permit when he was 17, but he turned 18 while waiting for the permits approval would it then be rejected on the basis that he was now an adult?

4) Would it be better to go instead as "Family Member of EU" as my husband exercised treaty rights prior to Brexit, and it looks like that's an option? Or does that throw up other problems?

Thank you very much in advance for your kind words of wisdom here.

[FinlandGirl]

We have since had two children together, both born after our marriage, who have each been registered on the Population Information System at the Finnish embassy in the UK. The two children hold British passports but I presume they could also get Finnish citizenship by declaration as their father is Finnish, born after our marriage and is listed on their (already legalised/apostilled) birth certificates.

Your joint children cannot get Finnish citizenship by declaration, they are Finnish citizens since birth.

They could receive a Finnish passport at any time (which might be a good idea for visiting the EU), and if they are boys conscription will apply to them when they turn 18.

I am a UK citizen. I have a child from a previous marriage, who is almost 12 years old, lets call him Child 1 (also a UK citizen). I am married to a Finn since 2020, we've been living together in the UK since 2015.

2) He has autism. Is it possible to get some sort of extension to continue to count him on the family ties visa?

There are "fully dependent on a family member" clauses that apply without any age limit.

These are usually interpreted in a rather restrictive way, with most case law for elderly parents of immigrant Finns.

4) Would it be better to go instead as "Family Member of EU" as my husband exercised treaty rights prior to Brexit, and it looks like that's an option? Or does that throw up other problems?

When you have lived as a family in the EU before (pre-Brexit UK should qualify), then registering as a family member of a EU citizen is far better:
- it is a right based on EU law, not a permit the Finnish government can grant or deny based on national legislation
- age limit for children is 21
- processing is much faster
- the fee is cheaper

Thank you very much in advance for your kind words of wisdom here.

Invest a few Euros in asking a Finnish lawyer specialized on immigration law your questions.

The combination of Brexit, stepchild of a Finnish citizen and autism makes it a rather difficult case.

Like Finnish rules for residence permits and EU rules for family members of an EU citizen have different definitions of family members, and Finnish case law for residence permits and EU case law for family members of an EU citizen might also differ regarding in what cases autism qualifies for an adult child to be considered a family member.

[kilop]

Thank you for such a detailed reply.

I'm wondering what the main differences are between using EU rules and using Finland's rules for the residence permit? Would I be able to access integration/language classes? Does minimum income thresholds apply? We are both intending to work (I can thankfully take my job with me as they allow remote working worldwide!)

[FinlandGirl]

I'm wondering what the main differences are between using EU rules and using Finland's rules for the residence permit? Would I be able to access integration/language classes? Does minimum income thresholds apply? We are both intending to work (I can thankfully take my job with me as they allow remote working worldwide!)

There are (so far) no income requirements for family members of Finnish citizens for a residence permit.
EU rules require either work or sufficient means of support, but the local national government is not allowed to set minimum income thresholds and in practice this is no obstacle.

There is no relevant difference in the rights you have between residence permit for family members of a Finnish citizen and right of residence as family member of an EU citizen.

Integration courses are provided by the employment office for job seekers, that's basically a full-time language course for making people employable in Finland.
Various providers offer language courses for a fee for people who already have work.