Requirement issue? Finnish partner is a resident of Finland, we have been cohabiting in a non-EU country

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Seppä
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Joined: Mon Jun 07, 2021 7:12 am

Requirement issue? Finnish partner is a resident of Finland, we have been cohabiting in a non-EU country

Post by Seppä » Sat Oct 30, 2021 9:16 am

Hi folks, my partner and I are planning to use "Residence permit application on the basis of family ties when your spouse is a Finnish citizen". (https://migri.fi/en/cohabiting-partner- ... sh-citizen)

I've read as much of the official resources as I can find which seem relevant. On the surface it seems we check all the boxes. So far so good.

But we have an ambiguity that could be addressed by the lived experience of someone on this forum. And I've searched the forum too, but maybe I'm using the wrong search keywords. So here goes.

One requirement is "Your cohabiting partner lives in Finland or is going to move to Finland."

tl;dr: short answer to the requirement

In a way, my cohabiting partner both lives in Finland (as she pays taxes and is employed there) AND she is going to move back to Finland (to physically be present there again) now that travel is possible for the both of us.

Longer context of why we're uncertain about this requirement

I live with my Finnish cohabiting partner in a non-EU country. We have lived together for more than two years. She was initially here on a tourist visa, but then "Hello, pandemic!" and my country started being really strict about letting people re-enter-even family members. So we decided she'd stay put, and we'd apply for other programs that allowed her to continue staying here. Her status in my country doesn't give her residency-only the permission to stay in the country. She continues to pay taxes in Finland and so is a tax resident of Finland. The Population Registry has her registered (kirjoilla) as living in Finland.

Our aim was to keep pandemic restrictions from keeping us apart. In that goal, we are luckier than many.

Here's the big question

When we apply, and state we've been living together in a non-EU country where she has the permission to live but doesn't have residency, will Migri raise an issue that the country where she is physically residing with me (non-EU country) is a different country from her tax residency (Finland)?



Requirement issue? Finnish partner is a resident of Finland, we have been cohabiting in a non-EU country

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rinso
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Joined: Fri Aug 25, 2006 7:22 pm

Re: Requirement issue? Finnish partner is a resident of Finland, we have been cohabiting in a non-EU country

Post by rinso » Sat Oct 30, 2021 11:27 am

Here's the big question

When we apply, and state we've been living together in a non-EU country where she has the permission to live but doesn't have residency, will Migri raise an issue that the country where she is physically residing with me (non-EU country) is a different country from her tax residency (Finland)?
You have to prove your cohabitation. Your partner not having an RP for the period is indeed a red flag. A rental contract in both your names might compensate for it.
But a sure way to go on is marrying.

Seppä
Posts: 1
Joined: Mon Jun 07, 2021 7:12 am

Re: Requirement issue? Finnish partner is a resident of Finland, we have been cohabiting in a non-EU country

Post by Seppä » Mon Nov 01, 2021 9:26 pm

Thank you for the suggestions. If it comes to Migri requesting extra documents, we do have documentation to prove cohabitation. Including a notarized document stating cohabitation, which my partner used in applications to stay in my country-as official as proof could get :-)

There was a chance that the pandemic meant that there would be others in our situation, but I guess they're not on this forum.
Last edited by Seppä on Mon Nov 01, 2021 9:27 pm, edited 1 time in total.


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