Waiting for Spouse first residence permit currently in Finland with other Schengen state permit

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vilpi
Posts: 16
Joined: Mon Jul 29, 2019 9:16 am

Waiting for Spouse first residence permit currently in Finland with other Schengen state permit

Post by vilpi » Sun Sep 25, 2022 10:08 am

Hi,

My spouse who is a non-EU citizen but has a student visa from another Schengen country is going to apply for a Finnish resident permit in Finland. While we are waiting for the decision which can take up to a year, does she still have this 90 days limit of staying or can she stay here until the decision is made (like for other categories)?



Waiting for Spouse first residence permit currently in Finland with other Schengen state permit

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browndude
Posts: 423
Joined: Mon Jan 18, 2010 12:16 pm
Location: Helsinki

Re: Waiting for Spouse first residence permit currently in Finland with other Schengen state permit

Post by browndude » Sun Sep 25, 2022 11:18 am

vilpi wrote:
Sun Sep 25, 2022 10:08 am
Hi,

My spouse who is a non-EU citizen but has a student visa from another Schengen country is going to apply for a Finnish resident permit in Finland. While we are waiting for the decision which can take up to a year, does she still have this 90 days limit of staying or can she stay here until the decision is made (like for other categories)?
According to this https://migri.fi/en/faq-residence-permi ... %20Finland.

May I wait for the decision on my resident permit application in Finland?
When you submit your application to a Finnish embassy, you may visit Finland during the time your application is pending, but you must return to your home country when your visa or visa-free period expires

If you submit your application to the Finnish Immigration Service, you may reside in Finland while your application is pending, even if your visa or visa-free period expires during this time. If you are not granted a residence permit, you may be refused entry to Finland.

It does seem like your spouse can stay in Finland while the residence permit is being processed. But to be sure, you should ask migri or the rajavartiolaitos about this and perhaps do it via email so you have some written record about the interaction.
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