Rights after divorce

Jussi · Post by **Jussi** » Fri Jun 05, 2009 5:34 pm

Hi all,

Quick question. Unfortunately I have gotten a divorce from my finnish spouse. Now the divorce will not be finalised till October or something, (we have done the initial paper work, but you have to wait six months or so) and my residence permit, (2nd A permit) is up in August or so. If we were still together I would automatically get the permanent one then, but what happens now that we are separating?

Do I have to apply for residency based on family ties still as we are not yet properly divorced? Or do I need to apply on a different basis?

Thanks in advance

Jussi

**Sponsor:**

rinso · Post by **rinso** » Fri Jun 05, 2009 7:13 pm

If you use "family ties" just before the final stage of the divorce, it can (and will) be considered as wilfully supplying wrong information. It can get you in a lot of trouble.
Better use an other valid reason.

bm50 · Post by **bm50** » Fri Jun 19, 2009 3:41 pm

You are still legally married until you send in the second signed divorce paper to the court, it will take a few weeks before the court makes the decision and you receive the final divorce paper. Until then I would have thought that you were still legally a family member! Maybe best to get advice from a immigration lawyer before you go and put your foot in it!

onkko · Post by **onkko** » Fri Jun 19, 2009 5:34 pm

bm50 wrote:You are still legally married until you send in the second signed divorce paper to the court, it will take a few weeks before the court makes the decision and you receive the final divorce paper. Until then I would have thought that you were still legally a family member! Maybe best to get advice from a immigration lawyer before you go and put your foot in it!

Well youre legally married but that doesnt mean youre married on eyes of immigration, if you dont live like married couple you arent married no matter what papers say.

bm50 · Post by **bm50** » Thu Jun 25, 2009 5:13 pm

Of course they are still legally married until it is finalized by the court, thats why they give the six months cooling off period because couples do change their minds and couples sometimes do still live together until the divorce is final. Immigration can't say you are not married if you don't have a divorce paper to say you are not. You can't be both married and unmarried at the same time.

onkko · Post by **onkko** » Thu Jun 25, 2009 5:27 pm

bm50 wrote:Of course they are still legally married until it is finalized by the court, thats why they give the six months cooling off period because couples do change their minds and couples sometimes do still live together until the divorce is final. Immigration can't say you are not married if you don't have a divorce paper to say you are not. You can't be both married and unmarried at the same time.

Tell that to KHO. Being legally married doesnt have anyting to do with getting permissions to be here if marriage isnt real.

AldenG · Post by **AldenG** » Thu Jun 25, 2009 7:06 pm

Yeah, the immigration people require you to be married and living together in the marriage. But to get your divorce finalized requires that you have not lived together or even had goodbye sex or anything like that during the six months.

The divorce couldn't have waited until you got your permanent permit? To stay in Finland, you're going to have to find a different basis for a residence permit, unless you fit one of the exceptions like abuse or criminal activity by your spouse.

There's a lot of information about this stuff at www.migri.fi

pseudo · Post by **pseudo** » Thu Jun 25, 2009 10:38 pm

AldenG wrote:Yeah, the immigration people require you to be married and living together in the marriage. But to get your divorce finalized requires that you have not lived together or even had goodbye sex or anything like that during the six months.

Immigration also demands that it be satisfied marriage has taken place not for convenience i.e. for social benefits, solely for the staying in the country etc. asides from a proven marriage or cohabitation.

And, no Finnish law does not require any reason or rhyme for divorces to be awarded, just application for divorce by either or both parties, save some exceptional cases where divorces are awarded sooner!

AldenG · Post by **AldenG** » Thu Jun 25, 2009 11:00 pm

pseudo wrote: And, no Finnish law does not require any reason or rhyme for divorces to be awarded, just application for divorce by either or both parties, save some exceptional cases where divorces are awarded sooner!

The exceptions I'm referring to are not in divorce law. They're in immigration law or regulations. If you get divorced as a victim of spousal abuse or criminality by your sponsoring spouse, you are eligible to remain in Finland and eventually become a permanent resident despite the divorce. There's information about that in the section of the migri website on residence permits and the FAQ. To me, the fact they the highlight those exceptions suggests that in normal circumstances, they really will kick you out if you get divorced before becoming a permanent resident.

onkko · Post by **onkko** » Thu Jun 25, 2009 11:03 pm

AldenG wrote:
pseudo wrote: And, no Finnish law does not require any reason or rhyme for divorces to be awarded, just application for divorce by either or both parties, save some exceptional cases where divorces are awarded sooner!
The exceptions I'm referring to are not in divorce law. They're in immigration law or regulations. If you get divorced as a victim of spousal abuse or criminality by your sponsoring spouse, you are eligible to remain in Finland despite the divorce. There's information about that in the section of the migri website on residence permits and the FAQ.

Yes but what about new permit... Tadaa! no new permit!

AldenG · Post by **AldenG** » Thu Jun 25, 2009 11:05 pm

onkko wrote: Yes but what about new permit... Tadaa! no new permit!

I got the impression they will renew your permit and even let you transition to permanent in due time -- if you fit one of the exceptions. If you don't fit one of the special exceptions, I think you're right: no renewal.

onkko · Post by **onkko** » Thu Jun 25, 2009 11:09 pm

AldenG wrote:
onkko wrote: Yes but what about new permit... Tadaa! no new permit!
I got the impression they will renew your permit and even let you transition to permanent in due time -- if you fit one of the exceptions. If you don't fit one of the special exceptions, I think you're right: no renewal.

I red original KHO decision, no removing current permit but nothing about new permit excep that due her situation she got new on base of "situational personal need". I can be intepered it wrong, im not loyar.

Vesper · Post by **Vesper** » Fri Jun 26, 2009 1:59 am

I knew of a Finn that got a divorce in June, but the final cert. didn't happen until February.
I guess if you are staying in Finland, then you must have a job.. apply under work permit.
I highly doubt your residence permit will fly with this question on the ole 2 form.

Onko tai onko ollut vireillä avioerohakemusta nykyisessä liitossanne? • Har en skilsmässoansökan lämnats in i ert nuvarande äktenskap?
In your current marriage, has one of you ever applied for a divorce? Is a divorce pending?

flyingyellowpig · Post by **flyingyellowpig** » Fri Jun 26, 2009 11:15 am

Don't you guys have a child together? Because if you have a child with your ex . The child you will the family member , so then you can apply for your RP on family bases.

Pete · Post by **Pete** » Sat Jun 27, 2009 12:35 am

Ouch, i'm sorry to hear that Jussi.
I have no help to add though, i just wanted to say that i feel for you and hope you are coping well.

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