Residene permit confusion...

[JimmyBang]

Moi!
Im new to the forum and instead of sifting thru all the posts I thought I'd just ask my questions, or "gripes" (sorry if they have been answered in previous postings)

1. I have been denied a residence permit by grounds of not applying in my home country, which is what my case worker told me...but!, my paperwork only states that its: a) because of not being a family member of a sponser residing in Finland, and b)" considering all the presented clasifications on the matter, the requirements for granting, blah blah blah, have not been met"

Furthermore, they site my reasons with "according to Aliens act section dadada" and when I look it up, the section they refer to has NOTHING to do with the reason stated...?????? Is this typical confusion tactics?

2. My case worker told me I have 30 days to appeal, then said do it in 2 weeks because Iam sending you back. Then gave me a date(2 weeks away), to come back to his office and have my appeal decision.

3. If I was supposed to apply for my permit in the U.S. (the U.S. told me to do it here), why did Finland even allow me to apply? Ive been here almost a year already, and I wish to marry, but right now I fear I will get sent back and have heard horror stories about getting back in. Also, taking my girl to America isnt good at this time because her 2 kids are 4 and 6 and we want to keep them in their home country, at least for now (not alot of Finnish schools where Im from
)

Perhaps you may not find this post very specific to questions, but any feedback would be appreciated....Kiitos!

[daryl]

Unless you have a few military divisions at your command, I suggest that you drop the cavalier attitude towards the rule of law.

We have had some discussion of the problem that you are facing. One of the most comprehensive threads was this one:

bb/viewtopic.php?t=16296

Your point 1 does not tell me enough about the decision to be able to say anything definite. Based on what you have told us, there should at least be a reference to section 49 of the Aliens Act in there somewhere. Please also make sure that you are reading the 2004 Act and not the old 1991 Aliens Act.

Your point 2 is bluff and more bluff. All it means is that you should advise the police station of your intention to lodge an appeal before the decision becomes legally final (i.e. within 30 days of receiving the decision, not counting the day when you received it). Without seeing the decision that you were given, I cannot say whether it includes a summary expulsion order, but a reference to section 148 of the Aliens Act would be a good clue to this. In any case, the police will take no expulsion measures if it is clear that an appeal is under preparation and due to be lodged within the time limit.

Your point 3 asserts that "the U.S." told you to lodge your application in Finland. It is, indeed, entirely possible to secure permission to remain in Finland in this way, provided that certain conditions have been met. Whoever advised you to apply in this way should have been fully aware of the details of your case and satisfied that you meet the conditions.

If a person who advised you incorrectly is paid by the Finnish government to advise potential applicants, then you are in a position to initiate what I call a "self-executing procedure". Simply lodge a complaint with a government supervisory authority asserting that the person concerned was insufficiently familiar with the regulations to be able to provide reliable advice. The process of investigating the complaint will force the person concerned to study the applicable rules, merely in order to respond to the supervisory authority.

By lodging your application after arrival, you were specifically asserting that you meet the conditions for issuing permission to remain in Finland. The question of why you were "allowed" to apply does not arise. To prevent you from applying on the grounds that you did not, after all, meet the conditions, would be to issue a summary decision that your assertion was unfounded.

This matter has been discussed before in this Forum and it comes down to this: would you prefer to have your application treated seriously by a fully trained and qualified official, or instead have it decided on the spot by a junior clerical assistant whose qualifications for working in customer service more or less boil down solely to proficiency in two or three foreign languages?

Your point 3 also hints at the reasons underlying your application, and this information is relevant to deciding whether it's worthwhile lodging an appeal. It's impossible to say whether an appeal would be worthwhile without knowing much more about the specific details of the case and about the way in which it was represented to the authority.

daryl

[JimmyBang]

Thanks for the feedback, I will be sending my appeal in on time and probably with the assistance of a lawyer to get the phrasing and reasons for it right. Th reasons that were checked were 1)not a family member of a sponsor residing in Finland. 2)Considering all the presented clarificationson the matter, the requirements of theAliens Act for granting a residence permit have not been met. And 3) Refusing a residence permit is not manifestly unreasonable as specified inSec.49, subsection1 paragraph 4 of the Aliens act.

anyway there is also a reference to 148, subsection 2, but its not "x'd" as the other 3 so I assume its just part of the form contents since there are many other reasons that are not "x'd" also...again, thanks for the reply and I'll be reading that thread you included.

(ps: no divisions at my command, but not being Finnish, Im maybe not so humble and reserved... )

[Hank W.]

Yes well if you'd married her, you wouldn't be on the plane back to LA... not that getting married gives an automatic residence permit, but there is a loophole that spouses can apply in Finland. This is probably what they figured out of you in the US, as you were babbling about marriage. Goes to Finland, ties the knot, then applies... logically. Well, so you didn't.

See the principle is you can apply whatever you want, the moon off the sky if you please. However it is useful to apply something you can get, as in reading the small print and letting this "thinking" business go take a hike with the "believing" business and employ some reading comprehension to the rules. It usually says "NO". Now if it is not what you want to hear, well their want is bigger than your want, so you loose that game all too easily.

The system is also quite anal about where someone applies, the principle is biblically "each one has to go to their own town" to apply be it for work-based residence permits or anything. A few years back people who got married still had to fly back and "apply at home".

So unless you find some great and brilliant excuse, that is as in a valid reason* then you probably might have a chance of getting a residence permit. I mean you can always appeal, but that is not going to change the reality.

* valid reason as in valid for them. As in on what basis are you applying for a residence permit?

Not saying that if you get married, it might be a great and brilliant excuse, though they might see it just as means of avoiding deportation, as you already got in the special attention category.

[JimmyBang]

pps: I noticed your avatar says IFC...would that be Integrated Fire Control?

[daryl]

pps: I noticed your avatar says IFC...would that be Integrated Fire Control?

No, that would be ICF as in "Inter-City Firm".

Don't ask.

daryl