Chancellor of Justice/Ombudsman Complaint on Migri Delay

[canocano]

Hello,

Has anyone on this forum ever filed a Complaint with the Chancellor of Justice or the Ombudsman for the Parliament for a delayed application with Migri? Which one of the two would respond to a Complaint faster and which one would be more helpful?

Thanks in advance for your help.

[FinlandGirl]

I have applied for a residence permit on other grounds—intimate relationship 3 months ago.

Has anyone on this forum ever filed a Complaint with the Chancellor of Justice or the Ombudsman for the Parliament for a delayed application with Migri? Which one of the two would respond to a Complaint faster and which one would be more helpful?

On what basis?

The residence permit on other grounds has an expected processing time of about 4-8 months, and no maximum processing time.

[canocano]

On what basis?

The residence permit on other grounds has an expected processing time of about 4-8 months, and no maximum processing time.

Intimate relationship. The current estimate is 15 months. We have been waiting for around 13 months (my other post said 3 months; that's a typo, and I fixed it now). Migri is useless when we call or email them.

[FinlandGirl]

Intimate relationship. The current estimate is 15 months. We have been waiting for around 13 months (my other post said 3 months; that's a typo, and I fixed it now). Migri is useless when we call or email them.

Processing times of over a year were common even for spouse residence permits before a recent change of the law limited these to 9 months.

Citizenship applications currently have an expected processing time of 31 months.

Has anyone on this forum ever filed a Complaint with the Chancellor of Justice or the Ombudsman for the Parliament for a delayed application with Migri? Which one of the two would respond to a Complaint faster and which one would be more helpful?

The time you are waiting is not exceptionally long, and there is no maximum processing time in the law.

The actual legal obligation for Migri is to prioritize applications that might otherwise exceed their maximum processing time over your application.

Migri has a backlog of ten thousands of applications, if you think someone will make your application skip the queue and give it immediate processing after you wrote you complaint then you are mistaken.

[canocano]

So your point is that even if Migri goes beyond its own estimated processing time, because there is no maximum time of processing set in the law, there is no authority that would be able to compel Migri to adjudicate the application? If so, Migri can also take 5 years to adjudicate an intimate relationship residence permit application—and by your argument, there is no administrative or legal recourse.

Intimate relationship. The current estimate is 15 months. We have been waiting for around 13 months (my other post said 3 months; that's a typo, and I fixed it now). Migri is useless when we call or email them.

Processing times of over a year were common even for spouse residence permits before a recent change of the law limited these to 9 months.

Citizenship applications currently have an expected processing time of 31 months.

Has anyone on this forum ever filed a Complaint with the Chancellor of Justice or the Ombudsman for the Parliament for a delayed application with Migri? Which one of the two would respond to a Complaint faster and which one would be more helpful?

The time you are waiting is not exceptionally long, and there is no maximum processing time in the law.

The actual legal obligation for Migri is to prioritize applications that might otherwise exceed their maximum processing time over your application.

Migri has a backlog of ten thousands of applications, if you think someone will make your application skip the queue and give it immediate processing after you wrote you complaint then you are mistaken.

[FinlandGirl]

So your point is that even if Migri goes beyond its own estimated processing time,

An estimate is an estimate, not a maximum.

If Migri suddenly gets a huge amount of applications with a maximum processing time of 2 months, their legal obligation would be to handle these within the time limit.

Most employees in Finland (including at Migri) are on vacation in July, and student residence permits have priority in summer since teaching starts September 1st.

because there is no maximum time of processing set in the law, there is no authority that would be able to compel Migri to adjudicate the application? If so, Migri can also take 5 years to adjudicate an intimate relationship residence permit application—and by your argument, there is no administrative or legal recourse.

2 years without any processing would be unusually long, that's about the time where I would expect a complaint to make sense.

For more definite information you have to ask a lawyer specialized in immigration law.

[canocano]

Yes, I will consult with an attorney.
I am still curious if anyone had any experiences with the Chancellor of Justice and how long that process will typically take.

So your point is that even if Migri goes beyond its own estimated processing time,

An estimate is an estimate, not a maximum.

If Migri suddenly gets a huge amount of applications with a maximum processing time of 2 months, their legal obligation would be to handle these within the time limit.

Most employees in Finland (including at Migri) are on vacation in July, and student residence permits have priority in summer since teaching starts September 1st.

because there is no maximum time of processing set in the law, there is no authority that would be able to compel Migri to adjudicate the application? If so, Migri can also take 5 years to adjudicate an intimate relationship residence permit application—and by your argument, there is no administrative or legal recourse.

2 years without any processing would be unusually long, that's about the time where I would expect a complaint to make sense.

For more definite information you have to ask a lawyer specialized in immigration law.

[betelgeuse]

The time you are waiting is not exceptionally long, and there is no maximum processing time in the law.

This is a misleading characterization. While the exact time is not defined, the constitutional limit is applied on a case-by-case basis.

See section 21.

https://www.finlex.fi/api/media/statute ... %3A00.000Z

[FinlandGirl]

The time you are waiting is not exceptionally long, and there is no maximum processing time in the law.

This is a misleading characterization. While the exact time is not defined, the constitutional limit is applied on a case-by-case basis.

See section 21.

https://www.finlex.fi/api/media/statute ... %3A00.000Z

That's technically true, but misleading in this case.

A case could be made that Migri should receive more funding for being able to hire more employees.

But a complaint should not result in one applicant skipping the queue, where other people in the same situation are waiting even longer.

[betelgeuse]

The time you are waiting is not exceptionally long, and there is no maximum processing time in the law.

This is a misleading characterization. While the exact time is not defined, the constitutional limit is applied on a case-by-case basis.

See section 21.

https://www.finlex.fi/api/media/statute ... %3A00.000Z

That's technically true, but misleading in this case.

A case could be made that Migri should receive more funding for being able to hire more employees.

But a complaint should not result in one applicant skipping the queue, where other people in the same situation are waiting even longer.

Skipping the queue is not legal but making a complaint can result in a recommendation for compensation, for example.

Also, as you wrote, complaints put pressure on the state to increase funding. It’s long standing precedent that staffing issues are not a justification for long processing times.