Options after cancelling of visa by spouse

[Friend5796]

Hi Everybody - My friend is going over a rocky marriage and it’s a total mess right now. The spouse threatening to cancel the Residence Permit (A or B) with family ties. Currently she has kid with her. What are the options she have. She wants to stay in Finland.
1. Can one apply for asylum as the spouse making many threats?
2. How does child support works if the kid is with her? What is the process?
3. Can she make a complaint and take the spouse to court if the spouse tries to desert her by canceling visa? And apply asylum.

Thanks in advance.

[Anoirsana]

As long as she has a child. it's very unlikely that migri would cancel her permit and separate the child from the mother especially if the child is already enrolled to a Finnish school . it's migri decision to to revoke the residence permit and not the husband.
But to keep her status in Finland safe. the best option is to seek a new permit based on other grounds such work or study.

Unfortunately an asylum cannot be granted on that basis. asylum is granted to individuals who are persecuted in their home countries or their home countries are at war.

[FinlandGirl]

My friend is going over a rocky marriage and it’s a total mess right now. The spouse threatening to cancel the Residence Permit (A or B) with family ties. Currently she has kid with her. What are the options she have. She wants to stay in Finland.
1. Can one apply for asylum as the spouse making many threats?
2. How does child support works if the kid is with her? What is the process?
3. Can she make a complaint and take the spouse to court if the spouse tries to desert her by canceling visa? And apply asylum.

This sounds like a normal divorce, not anything someone would receive asylum for.

Cancelling the residence permit is not something the spouse could do, Migri might cancel a residence permit after the divorce but that's unlikely with a child.
An agreement on child support payments from the other parent will be made as part of the divorce.
A divorce usually takes 6 months.

The next residence permit extension might be a bigger problem for your friend, relevant questions:

Does the other spouse want that the child stays in Finland?
What are the citizenships of the spouses and the child (Finnish/EU/non-EU)?
For how long are they married, and how long did the spouses live together in Finland?

[jonathan_09]

Your fiend shouldn't worry about her permit. Migri never cancel a permit to someone who has a child.
But it's better to apply for a new permit based on other grounds

[kunglao]

Migri actually has precedents for deporting parents even when the children are Finnish citizens. According to Migri, one parent is enough. Your friend is a woman so hopefully Migri will be more considerate but I don't think the law guarantees anything.

https://yle.fi/a/74-20017404

[FinlandGirl]

Migri actually has precedents for deporting parents even when the children are Finnish citizens. According to Migri, one parent is enough. Your friend is a woman so hopefully Migri will be more considerate but I don't think the law guarantees anything.

https://yle.fi/a/74-20017404

This is a quite misleading way to describe the article.

Correct would be to say that having a Finnish child does not always prevent cancelling the residence permit of a criminal parent.

"one parent is enough" when one parent is in prison for murder or should be deported after serving a conviction for rape, the only disputed issue was whether the threshold was too low.

[mattrife]

Your friend may apply for an independent residence permit in Finland, especially if she can prove her ties to the country, such as through employment or other factors, even if her marriage ends. She can also apply for asylum if she faces threats of violence or persecution, though asylum is not granted solely for family disputes. If her spouse tries to cancel the visa, she can seek legal action for child support and potentially take the matter to court for her rights, including residence and custody.