Deportation + 3 year entry ban

[Timeisnotonmyside]

Hello, i moved to finland in 2019 with a student residence permit. In October 2021, I was detained by the police and a year later I was convicted and received 4 months suspended sentence and 2 years of probation which will be over in autumn of 2024 for a drug charge. Now Finland wants to deport me back to Russia. My girlfriend, with whom we have been together for almost 2 years and were planning to get married, remains in Finland. I filed a complaint with the administrative court, but was denied in the form of a preliminary decision. Does anyone have any suggestions what should I do in this case? I will face a lot of problems and might have troubles with the authorities in my home country. Should I try to seek an asylum?

[kaamosmasennus]

I will face a lot of problems and might have troubles with the authorities in my home country.

Then why did you decided to break the law in Finland if you are so scared to go back to Russia? Finland gave you a good chance to live a good life, but you decided to flush this chance to the toilet. Personally me would prefer such people to stay away from Finland and looks like Finnish viranomaiset have the same opinion.

Of course you can try to seek an asylum, but I’m pretty sure that you will live here for a couple of months more and then still be deported. No other way, sorry. You had to think what to do beforehand, now it’s too late.

[rinso]

The asylum process starts when you enter the country for the first time, not after living here for many years on a residence permit. The application will fail almost immediately and the deportation order will be executed.

[heretostay]

Contact a lawyer that handles immigration.

[Timeisnotonmyside]

I will face a lot of problems and might have troubles with the authorities in my home country.

Then why did you decided to break the law in Finland if you are so scared to go back to Russia? Finland gave you a good chance to live a good life, but you decided to flush this chance to the toilet. Personally me would prefer such people to stay away from Finland and looks like Finnish viranomaiset have the same opinion.

Of course you can try to seek an asylum, but I’m pretty sure that you will live here for a couple of months more and then still be deported. No other way, sorry. You had to think what to do beforehand, now it’s too late.

You don’t know me and don’t know what was going on in my life during those times. I got my punishment and been only working and studying after that. I’m scared due to the things which started in February of 2022.

[Timeisnotonmyside]

The asylum process starts when you enter the country for the first time, not after living here for many years on a residence permit. The application will fail almost immediately and the deportation order will be executed.

Me and my girlfriend were supposed to get married here soon but I probably won’t have enough time for it here. What if I marry her back in Russia and then try to fill up the mp_3 form to withdrawal the entry ban? You think it might help?

[Timeisnotonmyside]

I would ask others not to judge me here but give a good advice. I did what I did and it wasn’t done due to having good life conditions. I ruined my whole elbow joint back in 2021 which led to getting a really serious surgery+a long recovery process. The bills I got were insanely expensive and it made it brake the law. Because I’m a foreign student kela did not pay for anything and my insurance didn’t want to cover most of the expenses.

[betelgeuse]

The asylum process starts when you enter the country for the first time, not after living here for many years on a residence permit. The application will fail almost immediately and the deportation order will be executed.

This is hogwash. Let’s say you are a gay person on a work based permit. You would not be sent back to a country that executes gay people just because asylum was not applied on original entry. Every application will be processed based on the merits.

[kaamosmasennus]

I would ask others not to judge me here but give a good advice. I did what I did and it wasn’t done due to having good life conditions. I ruined my whole elbow joint back in 2021 which led to getting a really serious surgery+a long recovery process. The bills I got were insanely expensive and it made it brake the law. Because I’m a foreign student kela did not pay for anything and my insurance didn’t want to cover most of the expenses.

I’m sorry to hear that. You were in a really !"#¤% situation, I agree. But it does not change the point. Like, if you are ready to break the law to gain some money, that’s not good. This time KELA did not compensate you and you had to break the law, but what if in 10 years you have KELA and other benefits but being again in some !"#¤% situation when you need a lot of money, what will you do?

Sorry for that, I don’t want to judge you. And I’m really sorry if everything I’m saying sounds rude. But that’s how I see the situation. Finland is a good country with its own problems, but still much better than a huge part of the world. And it needs people who is able to follow local rules and laws. You are not in Russia anymore.

What about your girlfriend and relocation based on family ties. Technically it could work, but when migri will be processing your application, they will make a request to police and see that you have a deportation notice and a criminal record, then they will just decline your application. You can try to do an appellation via court, but I’m not sure that you’ll win. Last year there was a case when asylum seeker commuted a crime, but he already had a wife and a child in Finland. The result (on all court levels) was deportation regardless the child and wife. Migri told that they will try to be more soft in such cases, but I have an impression that a child needed for that, just having a girlfriend is not enough.

Anyway, I hope you are changed now and wish you a good luck, but I don’t see many options in your case, sorry for that.

[Timeisnotonmyside]

I would ask others not to judge me here but give a good advice. I did what I did and it wasn’t done due to having good life conditions. I ruined my whole elbow joint back in 2021 which led to getting a really serious surgery+a long recovery process. The bills I got were insanely expensive and it made it brake the law. Because I’m a foreign student kela did not pay for anything and my insurance didn’t want to cover most of the expenses.

I’m sorry to hear that. You were in a really !"#¤% situation, I agree. But it does not change the point. Like, if you are ready to break the law to gain some money, that’s not good. This time KELA did not compensate you and you had to break the law, but what if in 10 years you have KELA and other benefits but being again in some !"#¤% situation when you need a lot of money, what will you do?

Yes I was, but I don’t understand why they still want to deport me. I’ve checked online that the crime you commit should be considered serious (törkeä). Mine wasn’t. It was my biggest mistake but I litterally had no other choice. The bills I got were more than my mom’s 2 year salary in Russia.
I was 18 when I moved here and during the time I got caught I was 20yo. I was young and stupid but at the same time I was desperate.
I’ve had around 10 part-time and summer jobs in Finland. Was working my azz off at the strawberry farms and milk farm. After being caught I been working in 2 cleaning companys for around 2 years. I’ve gained friends and got a girl who wants to become my wife here.
If I’m deported back to Russia I will face a lot of big problems. I have made one appeal to an administrative court but the preliminary decision was negative. Hopefully I could withdraw the ban somehow.

[rinso]

after being caught I been working in 2 cleaning companys for around 2 years

It sounds like you violated the terms of your student permit.
Even without the other crime that is enough reason for Migri's (and the court's) decission.

[Timeisnotonmyside]

after being caught I been working in 2 cleaning companys for around 2 years

It sounds like you violated the terms of your student permit.
Even without the other crime that is enough reason for Migri's (and the court's) decission.

Why? I never worked over the limit, even the immigration service mentioned this as one of the things which prevents me from deportation, but due to the committed crime it is not so important.

[betelgeuse]

Yes I was, but I don’t understand why they still want to deport me. I’ve checked online that the crime you commit should be considered serious (törkeä). Mine wasn’t.

This adjective is not used in the Aliens Act to describe the threshold for deportation.

” jonka on todettu syyllistyneen rikokseen, josta on säädetty enimmäisrangaistuksena vähintään yksi vuosi vankeutta taikka jonka on todettu syyllistyneen toistuvasti rikoksiin”

https://www.finlex.fi/fi/laki/ajantasa/ ... 301#L9P149

[Susan]

Having difficulties, expensive bills to pay, and not enough money to cover them is no excuse to commit a crime and be involved in drugs, which is a killer. And it's a killer in many ways. In your case, being involved in drugs killed your opportunity to have a peaceful life in a peaceful country.

No, I am not judging you. I am stating the facts. I have been in countless of difficult situations since I arrived in Finland. Bills to pay, not enough income, just by myself, and the list goes on. I never thought about doing any stupid thing. I appreciated the opportunity that Finland was offering me and have dealt with my problems and difficulties like a boss, all by myself. I never asked Kela for anything, not even when I had little to eat. I never broke the law in any way or form. So, really, you can't tell me that you broke the law simply because you were going through hard times. You even have a Finnish girlfriend and her family who could help you if it is true the story that you were going ton get married and it's for love and not for convenience. I was all alone, all by myself. So, no. Your excuse is not valid. It's sad. It's lame. And just tells you are a weak person.

Responding to some of the things in this thread: No, the Finnish Immigration System will not issue any residence permit of any kind if you have a criminal record. If they suspect you are marrying your girl to get an easy residence permit they will not give you one. Producing a child to force them in some way to give you a permit is low and cheap and you would be using the life of a newborn as a means to get something for you, that is deplorable since you would bring a child to this world to suffer without having the means for his/her upbringing, as per your situation.

What I would do in your case is go to Estonia and start again. Go with your girlfriend is she is willing to do that. In Tallinn, which is a wonderful city, start over but with the right foot. Get a job, go on with your studies, find the way to advance in life. But, stay strong and stay away from drugs or any other trouble and people who can mean trouble. You have other options. Think about them and make a plan. Whenever you will find yourself in a bad situation in the future, think about what happened to you. Learn from your mistakes. Become stronger and believe everything will pass and you will be alright.

The secret is always to stay strong and believe you will find the way to get out of any difficult situation.

I wish you the best,
-Susan