Can I apply for RP when my spouse is not in Finland?

Tarja2905 · Post by **Tarja2905** » Tue Aug 06, 2013 5:31 pm

Hi guys,

I am going to apply for RP on the basis of family ties - my husband is a Finn and I am a non-EU. However, at that moment he is working in Spain so he will be staying there most of the time. He can come back to Finland if needed, but just for a while. My question is: can I apply for RP if he mostly stays outside Finland? Or if I apply for it, does he need to stay in Finland during the whole time I wait for the decision?

I am also thinking about just getting a tourist visa to Finland and apply for RP in Finland. I came to Finland once to get married there. However, as he is not in Finland so we plan that for visa application, his mother will write the invitation letter for me and he will be sponsor for my visit. Is is a better way for my situation?

Thanks so much for any advice!

**Sponsor:**

Adrian42 · Post by **Adrian42** » Tue Aug 06, 2013 7:50 pm

Tarja2905 wrote:I am going to apply for RP on the basis of family ties - my husband is a Finn and I am a non-EU. However, at that moment he is working in Spain so he will be staying there most of the time. He can come back to Finland if needed, but just for a while. My question is: can I apply for RP if he mostly stays outside Finland? Or if I apply for it, does he need to stay in Finland during the whole time I wait for the decision?

Your Residence Permit would be granted to allow your husband to be with his wife.

When your husband does not live in Finland, there is no point in him having his wife in Finland.

For being near to your husband, you should apply in Spain.

Pursuivant · Post by **Pursuivant** » Tue Aug 06, 2013 9:21 pm

If the husband lives in Finland you can apply to Finland, depends what it says "in the computer" but it effects taxes etc.You should apply to Spain, for a Spanish permit if the husband "lives" in Spain. Then when you move to Finland you would be using the "EU free movement", so the paperwork should be easier.

Tarja2905 · Post by **Tarja2905** » Wed Aug 07, 2013 2:03 am

To make it clearer, my husband works in Spain but under a Finnish, and still pays all taxes to Finnish government. In this case, is it possible?

Adrian42 · Post by **Adrian42** » Wed Aug 07, 2013 8:59 am

Tarja2905 wrote:To make it clearer, my husband works in Spain but under a Finnish, and still pays all taxes to Finnish government. In this case, is it possible?

The Alien's Act says Family members of a Finnish citizen living in Finland.

Whether your husband is considered living in Finland or not when he is currently as a posted worker in another country is the relevant question here.

You should contact either Migri or a lawyer specialized on immigration and ask them whether or not you are eligible for an RP.

Tarja2905 · Post by **Tarja2905** » Wed Aug 07, 2013 4:48 pm

Thank you all for information

I hope everything will be fine.

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