Residency by marriage (but not while living in Finland)

[Upphew]

In principle it is possible, but it is not the quickest or trouble free route.

Thanks for your responses rinso. On the above point, I don't mind if it is not the quickest as long as I am in Finland with my partner. Even if it takes 6 months there, I am ok with that.

You have looked through migri.fi?

http://www.migri.fi/netcomm/content.asp ... guage=EN#1

[prince_capri]

Thanks Upphew, I had missed this point as at the time I looked at migri.fi, this point was not in contention. Thanks!

Still, I am little bit confused. It says that:

A family member of a Finnish citizen is allowed to enter Finland without a residence permit applied for in advance. An application for a residence permit must be submitted to the local police of his/her place of residence before the expiry of the said family member’s visa or exemption from visa. The police will decide whether a permit is to be granted. If a first residence permit is being applied for in Finland, the applicant may reside in Finland legally during the processing of the application even if his /her visa or exemption from a visa were to expire.

So what does that mean? I don't think this point (in bold) has been expanded on clearly. Does this mean I can apply for Schengen visa from India and come to Finland to be with my partner, and then apply for an extension then?

Maybe I am being a bit thick!

Thanks.

[Upphew]

Still, I am little bit confused. It says that:

A family member of a Finnish citizen is allowed to enter Finland without a residence permit applied for in advance. An application for a residence permit must be submitted to the local police of his/her place of residence before the expiry of the said family member’s visa or exemption from visa. The police will decide whether a permit is to be granted. If a first residence permit is being applied for in Finland, the applicant may reside in Finland legally during the processing of the application even if his /her visa or exemption from a visa were to expire.

So what does that mean? I don't think this point (in bold) has been expanded on clearly. Does this mean I can apply for Schengen visa from India and come to Finland to be with my partner, and then apply for an extension then?

No it means you can apply for visa from India and come to Finland to be with your registered partner (or co-habitation with evidence), and then apply for a RP. Repeat after me: visa is for visiting RP is for residing.

[prince_capri]

Well true, but on the timelines, applying for a RP from India will take 6 months; how long will it take to apply for the visa with which I can come to live with my registered partner (and then apply for RP from Finland?)? Also, what is this visa called? [Thanks for your patience!]

[distantspaces]

Thanks Upphew, I had missed this point as at the time I looked at migri.fi, this point was not in contention. Thanks!

Still, I am little bit confused. It says that:

A family member of a Finnish citizen is allowed to enter Finland without a residence permit applied for in advance. An application for a residence permit must be submitted to the local police of his/her place of residence before the expiry of the said family member’s visa or exemption from visa. The police will decide whether a permit is to be granted. If a first residence permit is being applied for in Finland, the applicant may reside in Finland legally during the processing of the application even if his /her visa or exemption from a visa were to expire.

So what does that mean? I don't think this point (in bold) has been expanded on clearly. Does this mean I can apply for Schengen visa from India and come to Finland to be with my partner, and then apply for an extension then?

Maybe I am being a bit thick!

Thanks.

Yes, that is what it means. You can enter Finland as a tourist and apply for your first residence permit while here, if you are married. They still recommend applying in your home country before arriving.

Also, my partner wondered whether being married to a non-EU national would have any implications on her? Would she be obligated (by marriage) for anything more than she otherwise would have been had she married a Finn?

Odd question. If you've decided to live your life together, why should this matter?

[prince_capri]

Thanks distantspaces, I would like to apply for RP from India but considering the timelines, I wouldn't want to be away from my partner for 6 months after marriage.

As for the odd question, well, some of her extended family members raised that. So she feels obliged to settle their nerves.

Edit: I should add, the question makes more sense when she wonders that if being married to a non-EU national mean that she would have any legal obligations in the future. For one, I don't think so, but thought it would be prudent to ask someone who might.

[interleukin]

I understand that you do not want to be away from your spouse for 6 months or more. But do consider if you can afford to have you living here in Finland while the paper work is being fixed. You will not be able to work or get any support from the government (no language classes or help with money for food). No cheap travel cards and no contracts in your name. This may not be a problem if your spouse makes the phone and housing contracts and such, but it is very expensive to live on one salary for a half year (and no financial support even if you are starving). It is also quite depressing to sit at home and do nothing for this half year. Just keep this all in mind, you may of course decide that this is still a better option than being apart for so long.

[rinso]

(no language classes or help with money for food). No cheap travel cards and no contracts in your name.

And don't forget no Kela card for free medical treatment.

[interleukin]

oops, yeah, that is almost the most important thing! You will need to have your own travel insurance while you are waiting for the decision. Just like other tourists.

[prince_capri]

During my time in Finland (for the near future), I will be living with my partner's family, so rent/food is not an issue. If this is the case, I have more than enough money saved up to last me 3 years.

Insurance should not be an issue, neither will be working, as I am working on developing a website for a friend, which would take some time.

So financially I should be more than ok (will get a travel insurance obviously!), braving Finnish winter should be fine too (I have enough warm clothes from last time I went there).

Should I be aiming to get a Schengen visa for 3 months? Would they take it kindly to me visiting someone (and staying at theirs for free) for that long if I prove I have over £7000 in savings?

[Pursuivant]

It is also quite depressing to sit at home and do nothing for this half year.

Well, that 6 months one can of course spend learning Finnish - its not a waste of time.

[prince_capri]

Well, that 6 months one can of course spend learning Finnish - its not a waste of time.

That and learning other computer languages is the plan...

I am hoping that with an invitation letter from my (to be) spouse, the Finnish embassy will be able to offer a visitor visa easily enough. That should cover accommodation and other financial dependability issues (though I should be fine without them too..)

[Rip]

Edit: I should add, the question makes more sense when she wonders that if being married to a non-EU national mean that she would have any legal obligations in the future. For one, I don't think so, but thought it would be prudent to ask someone who might.

Legal obligations are the same as for two native Finns. When married you've legal obligation to financially support each other if necessary. In case of divorce or death - if there is no prenuptial agreement - everything you own is divided 50:50. You being a non-EU citizen changes nothing in these respects..

[Rip]

Should I be aiming to get a Schengen visa for 3 months? Would they take it kindly to me visiting someone (and staying at theirs for free) for that long if I prove I have over £7000 in savings?

Planning to visit (as a tourist) other Schengen countries? Otherwise it does not matter if your visa expires the ext day after you submit residence permit application. I do not really know, but 3 months does not seem suspicious as such in any way.

[prince_capri]

Thanks Rip.

Not really planning to travel anywhere outside of Finland when I'm there. When I go back to India, I will be unemployed (since I will be leaving my job in England!) so that might be the only bone of contention..that and the fact that all my savings are in UK bank account (HSBC).

Anyways, I guess sponsorship should take care of that sort of thing.