refusal of spouse resident permit

[arkadin]

HI ,

I AM working and have applied for my spouse resident permit , it was refused on bases of less fund to support my spouse

after marriage she came with me on tourist visa and we applied her resident permit now its refused but they have asked if we can file application agents decision in court

1. can some one please guide me how to approach to administrative court in helsinki finland
2. Is there any risk or to file application agents the denied decision
3. do we need to have lawyer to apply the decision or we can do it on our own
4. how much helsinki lawyer charge in such kind of cases
5. we only have 30 days and count have started


PLEASE SUGGEST ME ON URGENT BASES

[rinso]

it was refused on bases of less fund to support my spouse

on http://www.migri.fi you can check how much you have to earn for a family. If you earn less, even 1 euro, an appeal will also fail.
They are very strict in following the rules. Don't count that anybody will feel sorry for you and change the decision.

[betelgeuse]

1. can some one please guide me how to approach to administrative court in helsinki finland

You received the instructions in Finnish. Have someone translate them for you.

2. Is there any risk or to file application agents the denied decision

Can't understand.

3. do we need to have lawyer to apply the decision or we can do it on our own

Using a lawyer is not mandatory. Whether it makes sense is another matter.

4. how much helsinki lawyer charge in such kind of cases

They should give you an estimate for free.

on http://www.migri.fi you can check how much you have to earn for a family. If you earn less, even 1 euro, an appeal will also fail.
They are very strict in following the rules. Don't count that anybody will feel sorry for you and change the decision.

I don't think the migri rules are binding on the administrative courts. I do agree that being below the limits will greatly reduce the changes of an appeal.

[Upphew]

I don't think the migri rules are binding on the administrative courts. I do agree that being below the limits will greatly reduce the changes of an appeal.

Exceptionally weighty reasons says the law. Aliens act section 39.

[rinso]

I don't think the migri rules are binding on the administrative courts. I do agree that being below the limits will greatly reduce the changes of an appeal.

The administrative court looks at the procedures. If these are applied correctly an appeal has little chance.
Or if important (new) information is overlooked or neglected the court can order Migri to reevaluate the application including this information..
Like uphew said, only with exceptional weighty reasons an administrative court will overturn a decision if the procedures were followed correctly.

[Upphew]

Like uphew said, only with exceptional weighty reasons an administrative court will overturn a decision if the procedures were followed correctly.

And that is the reason Finnish officials like to stick to the rules, not bend or interpret them.

[Pursuivant]

So, have you grown suddenly rich, or what is your basis of appeal? Or do you intend to win the lottery in 30 days. Appeal is for if they made a mistake - so if you still havve no money, they made no mistake...

[arkadin]

HI ,

thanks all for you suggestion
I work as consultant so my hiring company is in Israel and i do pay prepaid taxes (so i was not aware of the amount that minimum 2 person require is 1700 Euro excluding tax ) so i get fix amount in which i pay my taxes as well , also only amount is show in my salary slip and i have declared the tax based on same but the amount which my company pay for home rent which i direct to home owner account is not added in the amount also other expenses
as i was not aware the onsite expenses must also be declared in amount of tax and also out side income


1. so i have only this point to say that i get the amount more then i get in salary or shown in the salary slip , but the amount of home rent is not added in salary as its paid to my home rent direct
2. as being consultant the income i get in my home country is not calculated as i am not aware if that is also the part of finland income as its out side project
3. so i need to know if does people really appeal to the denied decision and weather they get changes
4. i was been ask to go to some court and some said i can directly apply in immigration office for the application

so base on the fact that the amount which is directly paid by my company to my home rent and other expenditure i have good salary but just it don't come to my account i have not declared them in tax and now i need to change them

sp please suggest if this is a good way to declare now and tell them i am getting amount but as i was not aware of the taxes it was missed to show and the amount is not calculated

[arkadin]

I am working as consultant and my hiring company is not registered in finland
I have A type Visa
I have fix term period contract till December of this year

@ tummansininen
(2. Is there any risk or to file application agents the denied decision )
i mean that is it happen with other people that when decision is denied people can have filed against the decision
please share if any such incidence

[Waylander]

Just wondering guys (sorry OP, not much real help here), but how do you know or sometimes "I think" know these things? I mean, does any of you really work.in the appropriate place in the immigration service or at the appeal court or something? No offense here whatsoever, I'm just wondering because you seem to be quite sure (granted you sometimes don't 100% agree with some other).

[Upphew]

Just wondering guys (sorry OP, not much real help here), but how do you know or sometimes "I think" know these things? I mean, does any of you really work.in the appropriate place in the immigration service or at the appeal court or something? No offense here whatsoever, I'm just wondering because you seem to be quite sure (granted you sometimes don't 100% agree with some other).

Years here, migri.fi, finlex.fi goes a long way.

[rinso]

so i get fix amount in which i pay my taxes as well , also only amount is show in my salary slip and i have declared the tax based on same but the amount which my company pay for home rent which i direct to home owner account is not added in the amount also other expenses
as i was not aware the onsite expenses must also be declared in amount of tax and also out side income

This sounds very much like tax evasion. Even if it was not your intention, you still not declared the full amount you should have.

Now here is this doom scenario:
- You get a new salaryslip/declaration from your employer including the extras.
- you appeal
- the court sees that you earn enough and orders migri to reevaluate
- migri cancels your residence permit due to tax evasion
- taxman demands the missed tax plus a 100% fine.

I'm not saying that will happen, but to solve one problem you created a new one.
Or rather the second problem becomes acute (taxman will find you in the end anyhow, so better solve it now)

[rinso]

in the appropriate place in the immigration service or at the appeal court or something?

or something indeed.

[Rosamunda]

If the OP is declaring part of his income and paying tax on it in another country then the bilateral taxation treaties kick in which means that tax paid abroad can be deducted from the amounts due here. It is though that the OPs global income & benefits should be declared here while she or he is resident here. But there are mechanisms in place to avoid double taxation.
There are also special rules such as flat tax rates for consultants on temporary contracts (might not apply if you are working for a foreign company though) also for researchers so it's a good idea to talk it all through with Vero.

[betelgeuse]

I don't think the migri rules are binding on the administrative courts. I do agree that being below the limits will greatly reduce the changes of an appeal.

The administrative court looks at the procedures. If these are applied correctly an appeal has little chance.
Or if important (new) information is overlooked or neglected the court can order Migri to reevaluate the application including this information..
Like uphew said, only with exceptional weighty reasons an administrative court will overturn a decision if the procedures were followed correctly.

So if anti-immigration people take over migri and set the limit at 5000 euros a month, is it your position that administrative courts will not reverse the decisions since migri procedures were followed?