Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of this law is to implement and promote good governance and legal protection in matters of foreign affairs. In addition, the purpose of the law is to promote controlled immigration and the provision of international protection, while respecting human rights and fundamental rights, and taking into account international agreements which are binding on Finland.
The law and the provisions adopted pursuant to it shall apply to foreign entry, exit, stay and work in Finland.
For the purposes of this law:
(1) Foreign nationals A person not a Finnish national;
(2) Union citizen and assimilate Citizens of the Member State of the European Union (EU), Iceland, Liechtenstein, Norway and Switzerland;
2a) Third-country national A citizen of a country other than a Union citizen and assimilated to him; (23.3.2007/358)
(3) The carrier Any natural or legal person who is professionally engaged in the carriage of persons by air, land, iron or water;
(4) On a visa A permit allowing the entry and short-stay of a foreigner to be allowed under other conditions of entry;
(5) Residence permit Repeated entry and residence in the country of non-tourism or comparable short-stay visas;
(5a) Long-term resident EU residence permit Council Directive 2003 /109/EC on the status of third-country nationals who are long-term residents of a Member State of the European Union, as amended by Directive 2011 /51/EU, and Residence permit; (13/03/668)
(6) With the worker's residence permit A residence permit for a foreign gainful employment issued in a two-stage procedure so that the employment and business office takes a partial decision prior to the decision of the Immigration Office or the Police Department; (12/04/1218)
6a) Other residence permit for gainful employment A residence permit for a foreign gainful employment, issued without prior decision of the office of employment and business; (12/04/1218)
(6b) By working right The right under this law to carry out gainful employment in Finland or a Finnish vessel on the basis of a residence permit, a right of residence in accordance with Chapter 10, visa or visa waiver, or otherwise provided for in this law; (12/04/1218)
(7) The trader's residence permit A residence permit issued by a foreigner with a view to carrying out a business, issued in a two-stage procedure so that the Centre for Enterprise, Transport and the Environment takes a partial decision before the Immigration Office or The decision of the police department; (12/04/1218)
(8) Gainful employment Working in a professional, post or other service where the work is carried out for consideration; (12/04/1218)
(9) The trader A person who pursues a business or profession in his own name (self-employed person) or is equivalent to that person in terms of corporate responsibility; (12/04/1218)
(10) The Refugee Convention The Convention on the Status of Refugees (SopS 77/1968); (12/04/1218)
(11) Refugee A foreigner who satisfies the requirements of Article 1 of the Convention; (12/04/1218)
(12) Refugee centre A status granted to a foreigner recognised as a refugee; (12/04/1218)
(12a) subsidiary protection status granted to a foreign person eligible for subsidiary protection status; (8 MAY 2009/323)
(13) international protection refugee status, subsidiary protection status or residence permit on the basis of humanitarian protection; (8 MAY 2009/323)
(14) At the asylum A residence permit for a refugee in the asylum procedure; (12/04/1218)
(15) In the family time A resident in Finland who, on the basis of his stay in Finland, is seeking a residence permit for a family member on the basis of a family name; (12/04/1218)
16) By a Council Regulation on the determination of the responsible State Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the examination of an asylum application lodged in one of the Member States by a third-country national The State responsible; (12/04/1218)
(17) The Schengen Convention The Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders; (12/04/1218)
(18) On the Schengen acquis On 1 May 1999, the Treaty of Amsterdam incorporated the acquis of the European Union, consisting of the Schengen Agreement of 1985, the 1990 Schengen Convention, the accession treaties of the Member States and the Schengen Agreement. The decisions and declarations of the Executive Committee and subsequent acts adopted on the basis of this acquis; (12/04/1218)
19) Schengen State A State applying the Schengen acquis; (12/04/1218)
20) Schengen area The territory of the Schengen States; (12/04/1218)
21) Border inspection authority Of Regulation (EC) No 562/2006 of the European Parliament and of the Council of the European Parliament and of the Council on the Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), hereinafter referred to as: Schengen Borders Code, Of the European Parliament and of the Council; (30/04/2013)
22) Human trafficking Criminal law (39/1889) Trafficking in human beings and serious trafficking in human beings as referred to in Articles 3 and 3a; (21.7.2006/619)
23) On the trafficking victim A foreigner who can reasonably be suspected of being a victim of trafficking in human beings; (10/06/2015)
24) Biometric identifier A person's electronic identifier, a facial image or a fingerprint image; (10/06/2015)
25) Technical part A residence card for a residence permit or a residence card of the family member of a Union citizen, to which the biometric identifiers and other personal data are stored; (16 DECEMBER 2011/1338)
26) European Union Blue Card Council Directive 2009 /50/EC on the conditions of entry and residence of third-country nationals admitted to the third-country national of a Member State of the European Union ( Specific Skills Directive ) For the purposes of residence and work in the territory of a Member State; (16 DECEMBER 2011/1338)
27) Highly qualified employment Work within the meaning of the Specific Skills Directive, which requires specific professional qualifications to be assigned to a higher degree. (16 DECEMBER 2011/1338)
The cases referred to in this Act shall be governed by administrative law (2003) Unless otherwise provided for by law. In the case of appeals referred to in this Act, administrative law (18/06/1996) Unless otherwise provided for by law.
The police report on asylum, which sets out the criteria for an asylum application, applies to the administrative law. In order to determine the conditions of entry, residence and removal from the country of foreign entry, entry and exit of an asylum seeker shall be subject to the law of the police force. (872/2011) Provisions on police investigations. (22/2011/886)
Article 27 of the Border Patrol Act applies to the investigation by the Border Guard Act under this Act. (15.7.2005/581)
Moreover, the entry of a foreign government soldier is in force, as is the case with the regional control law. (1999) Provides.
For the purposes of the law, foreign rights may not be restricted more than is necessary.
In decision-making under this law relating to a child younger than 18 years of age, special attention shall be paid to matters relating to the best interests of the child and to his development and health.
A decision on a child completed before 12 years of age shall be subject to consultation, unless the consultation is manifestly unnecessary. The opinions of a child shall be taken into account in accordance with his or her age and maturity. A younger child can also be heard if he is so advanced that his views can be addressed.
The issue of underage children needs to be addressed urgently.
An examination of the age of a foreign or family member applying for a residence permit may be carried out in a medical examination if there are obvious grounds for suspecting the reliability of the information provided at his age.
The conclusion of the investigation requires that the investigation has given its written consent based on knowledge and free will. In addition, the written consent of his guardian or other legal representative is required.
It follows from the refusal of the investigation that the person concerned is treated at the age of majority unless there is an acceptable reason for such refusal. Refusal of investigation alone may not justify the rejection of an application for international protection.
Prior to requesting consent, the applicant or the applicant or the applicant or other legal representative of the applicant or any other legal representative shall be provided with information on the importance of the assessment of age, the forensic medicine used therein. Research methods, their potential health effects, the consequences of the study and the consequences of non-research. The information shall be provided in the mother tongue or language of the applicant or the applicant or of the applicant or of the applicant or other legal representative of the applicant or of any other legal representative which he may reasonably be expected to understand.
At the request of the police, the Border Guard or the Immigration Office, the legal medicine of the University of Helsinki University of Hjelt, which is seeking a residence permit for a foreign or family member applying for a medical examination in Finland, is made at the request of the police, the border guard or the Immigration Office. Title. A joint statement by two experts shall be drawn up. At least one of the experts shall be employed by the forensic department of the Hjelt Institute of the University of Helsinki. Expertise may be carried out by a licensed doctor or dentist who has the qualifications required for research.
At the request of the Hjelt Institute of Law Medicine at the University of Helsinki, the necessary measures may also be taken by a central hospital, a municipal health centre or a private health care unit. The measures necessary for the investigation must be carried out by a health professional. An official of the police, the Border Guard or the Finnish Immigration Service shall verify the identity of the person concerned when the measure is taken. The guardian or other legal representative shall have the right to be present at the time of carrying out the investigation.
The decree of the Council of State may provide for more detailed provisions on the conclusion of the investigation.
The relevant authority shall present an assessment to the party concerned of the time taken to settle the matter.
The authority shall ensure that the matter is clarified. The interested party must furnish proof of the reasons for its claim and, in so doing, must contribute to clarifying its own case. The authority shall demonstrate to the interested party what further explanation should be provided. The settlement request shall be identified and proportionate to the means available to the party in the light of his circumstances.
Where a decision in this case may significantly affect the resolution of the other pending cases, it shall be jointly prepared and resolved, if possible, at the same time, unless it is detrimental to Delay.
The administrative file under this law shall be brought in person, unless otherwise specified below. In addition, a person in Finland may be required to appear before the Authority. Any person who fails to comply with the obligation to arrive may be ordered to be collected. Police officers are required to provide official assistance.
The party to the initiation and handling of the administrative file shall be allowed to use the assistant. An agent may also be used in the initiation and processing of an administrative file if a person's personal hearing or arrival is not necessary to establish the case or to ensure his/her identity.
Any party to the appeal under this law shall be allowed to use an assistant or agent. The foreigner may be required to appear in person at the Court of Justice as provided for in the Administrative Law.
The eligibility of the assistant and agent and the obligation of professional secrecy shall be laid down separately.
Legal aid is governed by the Law on Legal Aid (257/2002) .
However, when dealing with the issue of governance, a lawyer may also be assisted by another lawyer, other than a public defender.
In dealing with the matter referred to in this Act, the court may grant legal aid to a foreign country without requiring clarification of the financial position of the applicant for legal aid. The subsidy shall be paid out of State resources as provided for by the Law on Legal Aid.
The administrative and appeal proceedings under this law shall be entitled to use an interpreter. The Authority shall ensure interpretation in accordance with Article 203. An interpreter or interpreter may use an interpreter or a translator at his own expense, in administrative or judicial proceedings.
An interpreter or a translator shall not use a person who is in such a relationship with the party concerned or the person concerned that his or her reliability may, therefore, be compromised or that the safety of the party concerned may be compromised.
The obligation of professional secrecy is laid down separately.
Electronic transactions shall be governed by the law on electronic transactions (2003) .
If the application is submitted electronically, the processing fee shall be carried out before the application is initiated.
The entry of a foreign country requires:
(1) he has a valid travel document valid for crossing the border;
(2) he is in possession of a valid visa, residence permit or residence permit issued by a worker or trader, subject to the binding international agreement of the European Union or Finland;
(3) where necessary, he is able to produce documents proving the purpose and conditions of the intended stay and he is able to demonstrate that he/she has sufficient means of subsistence, taking into account the duration of the intended stay and A return to the country of origin or a transit trip to a third country to which his main sin has been ascertained, or that he is legally able to obtain these funds;
(4) he is not subject to an alert; and
(5) it is considered not to jeopardise public order and security, public health or the international relations of Finland.
The conditions of entry for a third-country national in the territory of the Member States for a period not exceeding 90 days during any period of 180 days shall be laid down in the Schengen Borders Code.
Chapter 10 of this Act lays down the conditions for the entry of a citizen of the Union and of his/her family members, where entry is based on the provisions of the European Union on freedom of movement.
Crossing the border at the European Union's external borders is regulated by the Schengen Borders Code.
On the crossing of the national border and its control, border crossing points and their opening hours, the allocation of border inspection posts between the border guard, the police and customs at the various border crossing points and the need for the Schengen Borders Code National tasks and competences are laid down in the Border Guard Act (1920/2005) .
Travel documents authorising the crossing of external borders, which may be endorsed with a visa, in Decision No 1105 /2011/EU of the European Parliament and of the Council establishing a system for the establishment of this list Provides for the list of travel documents to be used for crossing the external border of the European Union and the system to be used for its establishment.
The Ministry of Foreign Affairs shall make the necessary notifications to the Commission of the European Union referred to in paragraph 1.
L to 1214/2013 Article 13 shall enter into force at the time of the Council Regulation. The previous wording reads:
When entering and staying in the country, a foreign country shall have a valid passport issued by the authority of the Member State of residence or stay which he/she must submit to the border inspection authority or to the police.
A foreign passport shall bear his name, date of birth, sex and nationality, and an indication of the period of validity of the passport, the donor and the place of administration. In addition, the passport must have a photograph of which the passport holder can be identified.
The foreign spouse and his/her children travelling together with a passport holder who are travelling with a passport holder may use a foreign passport if it has their names and years of birth and, in addition, the spouse and seven years A photograph of a completed child.
If there is no indication of its competence in the passport, Finland is considered to be part of it.
When entering and staying in the country, a foreign country shall have a travel document referred to in Part I, II or III of the list of travel documents referred to in Article 13, which Finland recognises.
The travel document referred to in paragraph 1 shall be submitted by a foreign country to the border inspection authority or to the police.
The foreign travel document shall bear his/her name, date of birth, sex and nationality, as well as an indication of the period of validity of the travel document, the giver and the place of issue. The travel document shall also contain a photograph of which the holder of the travel document can be identified.
The foreign spouse and the person travelling with the holder of the travel document, who are travelling with the holder of the travel document, may use a foreign travel document if it has their names and years of birth and, in addition, the spouse and A photograph of a child who has completed seven years.
If the travel document does not contain any indication of its area of competence, it shall be deemed to belong to Finland.
L to 1214/2013 Article 14 shall enter into force at the time of the Council Regulation. The previous wording reads:
The decree of the Ministry of Foreign Affairs provides for more detailed provisions on the passports issued for entry and residence. A regulation of the Ministry of Foreign Affairs may provide for exceptions to the passport requirements referred to in Article 13 (2) and (3), which are essential for the control of entry and residence in the country. Before the regulation is adopted, the Ministry of Foreign Affairs must consult the Ministry of the Interior.
For specific reasons, the border inspection authority may, for specific reasons, also accept as a temporary travel document an identity card or other equivalent document which does not comply with the requirements laid down in Article 14 of the travel document.
L to 1214/2013 Article 15 shall enter into force at the time of the Council Regulation. The previous wording reads:
A further document, which shall comply with the requirements of Article 13 (2) and (3), may be accepted as a document authorising entry and residence instead of a passport. More detailed provisions on these documents may be adopted by the Ministry of Foreign Affairs. When preparing the Regulation, the Ministry of the Interior shall be consulted.
For specific reasons, the border inspection authority may, for specific reasons, also accept a identity card or other equivalent document which does not comply with the requirements laid down in this Act.
Article 16 has been repealed by L 30.12.2013/1214 .
Regulation (EC) No 810/2009 of the European Parliament and of the Council of the European Parliament and of the Council establishing a Community Code on Visas (Visa Code), hereinafter referred to as: Visa Code , shall apply instead of the administrative law:
1) the lodging of a visa application;
2) examination of the mandate of the delegation;
3) the admissibility of the application; 4) the examination of the application;
(5) suspension of the examination of the application;
(6) the transfer of an application to the authorities of the Schengen State represented;
(7) issuing visas;
(8) refusal of visas;
(9) extension of the visa;
(10) annulment of the visa;
(11) the lifting of the visa;
(12) the decision-making process;
13) on the grounds of the decision;
(14) the content of the decision;
(15) notification of the decision.
A citizen of the Union and a similar person may enter Finland and reside in Finland without a visa if he has a travel document approved in Finland.
The Council Regulation provides for countries whose nationals are subject to visa requirements and countries whose nationals do not require a visa for entry into the Schengen area and for short-stay in the Schengen area.
Article 3 of the Visa Code provides for nationals of third countries who are required to have an airport transit visa. (25/01/266)
The visa waiver for the holder of the refugee travel document is provided for in the European Convention on the abolition of visa requirements for refugees (Treaty Series 36/1990).
A foreign country whose visa-free period of residence in the Schengen area has been completed is subject to a visa or residence permit.
Articles 20 to 26 have been repealed by L 25.3.2015 .
The mandate of an honorary consultant referred to in Article 42 of the Visa Code shall be carried out by one or more of the tasks referred to in Article 43 (6) of the Visa Code by the Ministry of Foreign Affairs where it is necessary for the availability of services, For reasons of efficiency or other similar reasons.
Article 42 of the Visa Code provides for the requirements set out in Article 42 of the Visa Code in the performance of the tasks referred to in paragraph 1.
In the situations provided for in Article 40 (3) of the Visa Code, the Ministry of Foreign Affairs may decide to issue one or more of the visa requirements listed in Article 43 (6) of the visa code for the external service provider To carry out. The decision of the Ministry of Foreign Affairs may concern one or more delegations.
A contract with the external service provider shall be subject to the conditions laid down in Article 43 of the Visa Code and the provisions on the validity and termination of the contract.
Article 17 of the Visa Code provides for the right of an external service provider to charge a visa applicant for a service fee.
The activities of the external service provider shall be conducted in accordance with the criteria of good administration and protect personal data from accidental and unlawful destruction and accidental destruction, alteration, unauthorised disclosure, and From use.
The activities of the external service provider shall be supervised by the Ministry of Foreign Affairs in accordance with Article 43 of the Visa Code and the Finnish diplomatic mission or consular post, hereinafter referred to as: Representation in Finland .
Article 4 (1) to (4) of the Visa Code provides for the authorities of the Schengen States dealing with and decisions on visa applications.
To extend the visa in accordance with Article 33 of the Visa Code, the police department shall decide.
The visa shall be annulled or revoked in accordance with Article 34 of the Visa Code in the event of a foreigner staying abroad.
In the case of border checks, the visa shall be annulled or revoked by the border inspection authority.
The immigration office, the police department or the border inspection authority shall invalidate or revoke the visa if the foreigner resides in the territory of Finland.
§ 32 repealed by L 25.3.2015 .
The residence permit is either temporary or permanent.
A temporary residence permit is granted on a temporary basis ( Temporary residence permit ) Or continuous casting ( Continuous residence permit ) To stay in the country. The authorisation authority shall decide on the purpose of the stay, taking into account the information provided by the foreigner for the purpose of its entry.
The permanent residence permit shall be valid until further notice. The permanent residence permit shall also be treated as an EU residence permit for a long-term resident.
A residence card shall be issued for a residence permit. The form and characteristics of the residence card card, the security features, the biometric identifiers to be stored in the technical section, and their inclusion, limitations and use, and the right of the holder to check the technical part of him The data entered in Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals ( EU residence permit regulation ) And Council Regulation (EC) No 380/2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third country nationals ( Amending regulation ).
The residence permit card shall be issued for the duration of the residence permit. For special reasons, the residence card may be issued for a shorter period. The residence permit card shall be valid for a maximum period of five years.
If a residence card is issued in accordance with the application, the applicant shall not be given a separate administrative decision or an appeal.
A special identity card is issued for a residence permit issued by the Ministry of Foreign Affairs pursuant to Article 69 (3).
The Immigration Agency shall be responsible for the protection of the data recorded in the technical part of the residence card for the protection of intrusion, unauthorised reading, modification, use and other unauthorised handling, as provided for in the EU residence permit and its Is provided for in the implementing provisions.
To ensure the authenticity and integrity of the information stored in the technical part of the residence permit card and to the certificate relating to the reading of the fingerprints, the authority or body designated by the Agency shall be established.
The character of the residence card shall be marked with a letter identification card. The letter 'A', the permanent residence permit B, the permanent residence permit P and the long-term resident EU residence permit.
In addition, the residence permit card shall be labelled with the directive on the basis of which the residence permit is issued.
The name and the date of the Member State of the European Union which has granted international protection shall be identified by the name and the date of international protection granted to a third-country national who is granted refugee or subsidiary protection status. Has been granted. If the refugee status or subsidiary protection status has been granted by a Member State of the European Union other than Finland, it shall be requested to confirm that the refugee status or subsidiary protection status is still in force.
The entry referred to in paragraph 1 shall be made at the request of another Member State of the European Union if it grants a third-country national refugee status or subsidiary protection status after Finland has granted him long-term resident status. A third-country national's EU residence permit. It shall be amended on its own initiative or at the request of another Member State of the European Union if the responsibility for granting refugee status is transferred from a Member State to another European agreement on the transfer of responsibility for refugees (Treaty Series 46/1990). After Finland has granted long-term resident's EU residence permit.
When a long-term resident's EU residence permit has been amended within the meaning of Article 2 (2), the authorisation shall be granted no later than three months after the transfer of the responsibility for granting refugee status A request from another Member State of the European Union has been received for Finland or Finland.
Finland shall request the Member State of the European Union who has granted long-term residence to the EU Member State to make the entry for the residence permit referred to in Article 34a (1), if Finland grants a residence permit to the holder of a residence permit Or subsidiary protection status before Finland has granted him a long-term resident's EU residence permit.
Finland shall request the Member State of the European Union of the long-term resident's EU residence permit to amend the entry referred to in Article 34a (1) of the residence permit if the responsibility for granting refugee status The holder of a residence permit is transferred to Finland on the basis of a European agreement on the transfer of responsibility for refugees before Finland has granted him a long-term resident's EU residence permit.
Any request made by a Member State of the European Union for the purpose of determining the status of refugee or subsidiary protection status of a third-country national who is long-term resident shall be answered no later than After receipt of the request.
The issue of a residence permit presupposes that the foreign travel document is valid. However, the residence permit may be issued in spite of the absence of a valid travel document if it is granted on the basis of Articles 51, 52, 52a, 52d, 5e, 87, 88, 88a, 89 or 110.
A residence permit may be refused if a foreigner is deemed to endanger public order or security, public health or the international relations of Finland, or where the entry and transit of a person becomes binding on Finland. In accordance with an international legal obligation or a Council decision adopted pursuant to the Treaty on European Union. However, endangering public health will not prevent further authorisation if the conditions for authorisation are otherwise in place. However, the danger of international relations shall not prevent the issuing of a residence permit on the basis of a family name or a residence permit to a foreigner if he has been granted long-term resident status in a Member State of the Union. EU residence permit. (29.5.2012)
A residence permit may be refused if there are reasonable grounds for suspecting that the foreigner is circumventing the rules on entry or residence.
The residence permit on the basis of a family name may be waived where there are reasonable grounds for suspecting that the residence permit or residence permit issued by the applicant in the form of a residence permit has been circumvented by giving false information about his identity; or The family relationship.
For the purposes of this law, the spouse of a person residing in Finland is considered as a member of the family and an unmarried child under 18 years of age whose guardian is a person resident in Finland or his spouse. If a person resident in Finland is a minor child, the family member is his guardian. A person of the same sex shall also be considered a family member if the relationship is nationally registered. (19,2006/380)
Unmarried couples are treated on an ongoing basis in a common household under marital conditions irrespective of their sex. Such an analogy shall be subject to the condition that they have been living together for at least two years. The period of residence shall not be required if the persons have a child in the joint maintenance or if there is another reason.
The child, as defined in paragraph 1, shall be treated as an unmarried child under the age of 18 who is in actual maintenance and in need of effective maintenance on the day of the application for the application for a residence permit, but whose dependency ratio is not available Official report ( Foster child ). In addition, it requires a reliable statement that the child's former guardians are demonstrably deceased or missing and that the child has had an effective dependency ratio to the applicant or his spouse before The arrival of family time in Finland. If the family-sized driver is a foster child in Finland, the equalisation requires a reliable statement that the actual dependency ratio existed before the arrival of the family. (11.06.2010/549)
The granting of a residence permit on the basis of a family name for a child unmarried to a minor requires that the child is a minor on the date on which the application for a residence permit is made. The granting of a residence permit to the family member of a minor's family requires the applicant to be a minor on the date on which the application for a residence permit for the family member is decided. In addition, the issue of a residence permit is conditional on the fact that the applicant is already holding a residence permit at the date of the initiation of the case.
However, on the basis of paragraph 1, a residence permit cannot be refused if the examination of the application has been significantly delayed by the applicant or the applicant for a reason which is independent of the applicant, and has contributed to the investigation.
The granting of a residence permit presupposes that the subsistence of a foreigner is guaranteed, unless otherwise provided for in this Act. In an individual case, the conditions of entry may be waived where there is an exceptionally heavy cause or interest in the child's best interests. Subject to Article 114 (4), the implementation condition shall not apply to the issue of a residence permit under Chapter 6. (11.06.2010/549)
The subsistence of a foreign person shall be deemed to be guaranteed when the first residence permit is issued, provided that his/her stay in the country is paid for gainful employment, entrepreneurial activity, pensions, wealth or other sources. Income in such a way that he cannot be expected to be subject to the law on income support (19/05/1997) Or equivalent means of subsistence, intended for the purposes of income support or equivalent benefit. Benefits of social security benefits are not considered as such.
In the case of further authorisation, the subsistence of a foreigner must be guaranteed, as provided for in paragraph 2, without prejudice to the possibility of temporary recourse to a means of subsistence or other equivalent means of subsistence.
The applicant shall provide the Authority with an explanation of the way in which his livelihood is safeguarded in Finland.
Under this law, legal residence is:
(1) residence by the Finnish authority with a residence permit;
(2) residence without a residence permit for a maximum period of three months if a foreigner comes from a State which does not require a residence permit;
(3) for a period of up to three months, without a visa, for a period of six months from the date of entry into the Schengen area, if a foreigner comes from a non-visa country;
(4) stays in the Schengen visa for a maximum period of three months during a six-month period from the date of entry;
(5) residence on a national visa issued by the Schengen State for a maximum period of three months from the date of expiry of the first date of validity; (20/02/2015)
(6) the residence permit issued by the Schengen State with a residence permit not exceeding three months; and (20/02/2015)
(7) residence in the period of reflection within the meaning of Article 52 (b) of the victim and of the third-country national referred to in Article 52d. (20/02/2015)
The right of residence and the right of residence for the Union citizen shall be laid down in Chapter 10.
The foreigner may legally reside in the country during the examination of the application until such time as the matter has been settled by law or an enforceable decision has been taken to remove a foreign country.
A foreigner legally resident in the country has the right to move in the country and to choose his place of residence.
Foreign nationals may transit through Finland to another Schengen State if they have a residence permit issued by the State, a national visa or a return visa.
A foreign country may transit through Finland to a third country if he has a residence permit, a visa or a transit visa issued by the Schengen State.
The use of a transit right requires that a foreigner is not subject to an entry ban in Finland or that he is not regarded as a threat to public policy, public security or public health.
Cruise refers to a sea voyage in which a ship that is not scheduled for scheduled liner shipping is visited by at least two foreign ports in addition to the port in Finland. The cruise ship cannot take or leave passengers in Finland.
A passenger on board a passenger ship surveyor shall be allowed to visit countries without a travel document and a visa when the ship is in Finland. The border inspection body shall be given a list of passengers, as established by the master of the vessel, before visiting the country. The cruise participant must return to the ship before it transforms to another location.
The seafarer's identity card, as referred to in the Convention on the Seafarers' National Identity Documents (SopS 64/1970), shall be entitled to enter land in the territory of the place where the port is located without: The travel document and the visa during which the vessel in which he is serving is held in port. The sailor must return to the ship before it moves to another location.
An aircraft crew member shall be entitled to enter and leave the country without a travel document and a visa in the event of a regular flight, if he has an international civil aviation convention (SopS 11/1949); The identity card provided by the aeronautical authority of the country of origin referred to in Annex 9. The personnel of the aircraft shall leave the country on a regular flight which is part of the following mission.
A railway worker who carries out tasks relating to rail transport may travel with the train to the border crossing point and stay at the border crossing centre by presenting a photograph with a photograph, as it is between Finland and Russia Agreed in accordance with the Agreement on the transport of goods (SopS 48/1997).
The right of entry and residence referred to in paragraphs (1) to (3) shall not be either a seaman or an aircraft or a train crew if he is subject to an alert or is deemed to constitute a threat to public order and Security or public health.
A temporary residence permit shall be issued to a person abroad:
(1) temporary work;
2) for temporary business purposes;
3) for study purposes; or
4) if there is another specific reason for the authorisation.
A residence permit or other residence permit shall be issued for temporary work. A residence permit shall be issued for the purpose of carrying out a business. The issue of the issue of a residence permit for the worker and the trader is specified in Chapter 5.
When a foreigner has been granted a temporary residence permit, a temporary residence permit shall be issued for the same period of time.
Where a foreign student has been accepted as a student at an educational establishment in Finland, a temporary residence permit in accordance with Article 45 (1) (3) shall be issued for examination or vocational studies or, where there is a reasonable cause, including any other Studies. The granting of a residence permit requires that the foreign national has a reliable and stable company or institution which covers the costs of medical treatment. If the estimated duration of the studies is at least two years, it is sufficient for the insurance to cover the cost of medicines.
A continuous residence permit shall be issued to a person abroad:
1) if the foreigner has been a Finnish national or at least one of his parents or one of his grandparents is or has been a native Finnish citizen;
2) for continuous work;
(3) continuous conduct of business; or
4) Council Directive 2005 /71/EC on a specific procedure for admitting third-country nationals for scientific purposes ( Directive on researchers ) Shall be carried out for the purpose of conducting a scientific research project.
(8.8.2008/516)A residence permit or other residence permit shall be issued for the purpose of continuous work. A residence permit shall be issued for the purpose of continuous casting. The issue of the issue of a residence permit for the worker and the trader is specified in Chapter 5.
Where a foreigner has been granted a continuous or permanent residence permit, a permanent residence permit shall be issued to his family members. When a foreigner has been awarded a residence card in accordance with Chapter 10 as a family member of a Union citizen and has retained his right of residence under Article 161 (d) or 16e, the right of residence shall be granted to members of his family Continuous residence permit. (23/07/98)
The issue of a continuous residence permit pursuant to paragraph 1 (1) does not require the income of a foreigner or of his family to be guaranteed.
Where a foreign person has been issued with a continuous or permanent residence permit on the basis of a family name and a family relationship based on the granting of the authorisation has been broken, a permanent residence permit may be issued to a family member abroad, provided that: This subsistence is guaranteed. However, the decision-making process must take into account the possibility of a person who is already authorised in Finland to move back to their country of origin or to another country for the purpose of family life, if the whole of the family ties can be considered to be printed there.
The Ministry of Education accepts that the Institute shall be the recipient of a researcher in accordance with the procedure for admission as referred to in the researcher's directive, provided that the purpose or activities of the Institute are to carry out scientific research.
The decision provides for the period of validity of the approval, which shall be at least five years. The validity of the approval may be made shorter than five years if there is a reasonable cause.
The Ministry of Education shall publish a list of approved research institutes and update it at least once a year.
The Ministry of Education may not renew or revoke the approval of a technical service if, when applying for the approval of a technical service, the Institute has knowingly provided the tasks or objectives of the Institute in respect of the objectives or objectives of the Institute. Or concealed an element which might have prevented the establishment of the Institute.
A research institute which wishes to be the recipient of a researcher as referred to in the researcher directive shall conclude a hosting agreement with him. The foreign affiliate undertakes to carry out the scientific research project in accordance with the Researer Directive and undertakes to receive a foreigner for this purpose.
A research facility may conclude a hosting agreement if:
(1) it has approved the research project after having verified:
(a) access to the objective, duration and implementation of the scientific research project;
(b) the competence of a foreign researcher;
(2) during their stay, the foreigner has sufficient monthly resources to cover his/her stay and return costs;
(3) in the event of a stay of a foreigner, for a period of up to four months, he has a health insurance certificate issued by a reliable and stable company or institution, or a statutory health insurance scheme granted by a State to cover his medical treatment; Costs;
4) the legal relationship of a foreigner and the terms of the investigation are defined in the hosting agreement.
A resident shall be issued a residence permit for the purpose of scientific research within the meaning of the Directive, provided that:
(1) he has concluded a hosting agreement with the Institute;
(2) satisfies the conditions laid down for the conclusion of the hosting agreement; and
3) he does not compromise public policy or public security or public health.
Before issuing a residence permit to a foreigner, the Institute shall provide the licensing authority with information on the fulfilment of the conditions of the hosting agreement.
The Reception Agreement shall cease when the investigator has completed his investigation. Before completion of the investigation, the reception agreement shall be terminated if the aliens are not allowed to enter the country or the legal relationship which is required for the conclusion of the hosting agreement is unravelled, or the Ministry of Education fails to renew or withdraws the Acceptance.
The Institute shall inform the Ministry of Education and the issuing authority of the completion of the investigation. The notification shall be made within two months of the completion of the investigation.
The Technical Service shall without delay inform the Ministry of Education and the authority which issued the residence permit on matters which prevent the implementation of the hosting agreement.
In addition to what is otherwise provided for in this law, a continuous residence permit will be issued to a person from the territory of the former Soviet Union:
(1) if the applicant has been a member of the Inker movement, which in 1943 and 1944 was transferred to Finland and the end of the war was returned to the Soviet Union; or
2) if the applicant has served in the Finnish army during the years 1939 to 1945.
The granting of a residence permit is subject to the condition that the applicant has an accommodation in Finland.
The residence permit shall also be granted to the member of the family of the person referred to in paragraph 1 and to a dependent child who has not reached the age of 18 before the applicant has been granted a residence permit on the basis mentioned in paragraph 1.
The granting of a residence permit within the meaning of this Article shall not require the income of a foreigner or his/her family to be guaranteed.
Without a residence permit, a foreigner who has received a residence permit shall be granted a temporary or continuous residence permit in Finland, if the conditions for issuing such a residence permit abroad exist and:
(1) the foreigner has been a Finnish national or at least one of his parents or one of his grandparents is or has been a native Finnish citizen;
(2) Prior to his arrival in Finland, a foreigner has been living with his spouse living in Finland for at least two years, or at least two years living in a common household for a period of at least two years under marital conditions. With;
(3) the refusal to grant a residence permit to a worker or a trader, as a result of Finland, would be unfounded for a foreign or employer;
(4) before his arrival in Finland, a foreigner has resided in another Member State for the purpose of carrying out scientific research within the meaning of the researcher directive and applies for a residence permit in Finland for the same purpose or is a member of the family of such a person; (16 DECEMBER 2011/1338)
(4a) The foreigner is the holder of the European Union Blue Card, who, prior to his arrival in Finland, has resided in another Member State for a period of at least eighteen months for the purposes of highly qualified employment and is seeking in Finland to: A blue card, after leaving the application no later than one month after arrival, or is the family member of such a person and the family has been formed before coming to Finland; or (16 DECEMBER 2011/1338)
5) It would be manifestly unreasonable to refuse a residence permit. (16 DECEMBER 2011/1338)
(8.8.2008/516)The residence permit shall be granted on a temporary or continuous basis, on the same basis as the corresponding licence applied abroad.
Similarly, the provision of paragraph 1 (2) shall apply equally to same-sex-registered partnerships, as well as to same-sex partnerships (same-sex) living in a common household.
A third-country national who has received a long-term resident's EU residence permit in another Member State of the Union shall be granted a temporary residence permit in Finland or abroad:
(1) economic activity in gainful employment or self-employment;
(2) for participation in studies or in vocational training; or
3) for other reasons.
The residence permit shall be granted on a temporary or continuous basis, taking into account the nature of the intended stay.
A residence permit or other residence permit shall be issued for the purposes of the work. The trader's residence permit shall be granted. The issue of the issue of a residence permit for the worker and the trader is specified in Chapter 5.
In the case of a temporary or permanent residence permit issued to a third-country national who is long-term resident in another Member State of the Union, a temporary or continuous residence permit shall be issued to his family members for the same period of time. Or imported from abroad.
The family member of a Finnish citizen living in Finland and the unmarried child who is not married to a minor is granted a continuous residence permit in Finland or abroad on the basis of a family name.
A continuous residence permit will be issued to a family of Finnish citizens resident in Finland, other than the family member, if the refusal to issue a residence permit would be disproportionate in view of the intention of the interested parties in Finland to continue their previous Family life, or that the family is wholly dependent on the Finnish citizen resident in Finland. Other family shall await the examination of the application for authorisation abroad.
Where a Finnish citizen has used the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and Directives 64 /432/EEC, 68 /360/EEC, 72 /194/EEC, Directive 2004 /38/EC of the European Parliament and of the Council on the repeal of 73 /148/EEC, 75 /34/EEC, 75 /35/EEC, 90 /364/EEC, 90 /365/EEC and 93 /96/EEC ( Directive on freedom of movement ) By moving to another Member State or staying in another Member State and having been accompanied or followed by a member of the family later, the provisions of Chapter 10 apply to the entry and residence of the family member.
The granting of a residence permit within the meaning of this Article does not require the subsistence of a foreigner to be guaranteed.
A family member who is resident in Finland and registered with a Union citizen or a family member assimilated to him, or a child whose right of residence cannot be registered or confirmed on the basis of Chapter 10, shall be granted a family name A continuous residence permit. The residence permit is issued in Finland or abroad.
The granting of a residence permit to a member of the family of a citizen of the Nordic country or the child of this minor shall not be subject to the requirement that the subsistence of a foreigner be guaranteed.
A resident in Finland shall be issued with a temporary residence permit if:
(1) does not, for a temporary health reason, be able to return to his/her country of origin or the country of permanent residence; or
2) his return to the country of origin or permanent residence is not in fact possible.
The residence permit shall not be granted on the basis of paragraph 1 (2) if the return of the foreigner remains unfulfilled, that he refuses to return to his/her country of origin or to his/her country of residence or to make it more difficult for him to return.
The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed.
If a foreigner is granted a residence permit on the basis of paragraph 1, a residence permit shall not be issued to a member of his family abroad on the basis of a family name.
A foreign resident in Finland is granted a continuous residence permit if the refusal to issue a residence permit would be manifestly disproportionate in the light of his state of health, the semen produced in Finland or any other individual human cause, taking into account in particular: The circumstances in which he would be in his country of origin or his vulnerable position.
The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed.
A member of the family who has been granted a residence permit under paragraph 1 shall be granted a residence permit under Article 47 (3).
If, on the basis of paragraph 1, a residence permit is issued to a minor child in Finland alone, a continuous residence permit shall be issued to his minor sibling abroad. The granting of a residence permit is conditional on the fact that the siblings have been living together and the parents of the children are not alive or where they are unknown. The granting of a residence permit also requires that the granting of a residence permit is in the best interests of the children. The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed.
A temporary residence permit shall be issued to the victim of trafficking in human beings in Finland if:
(1) the presence of victims of trafficking in human beings in Finland is justified by the investigation of trafficking in human beings or court proceedings;
(2) the victim of trafficking in human beings is willing to cooperate with the authorities to apprehend suspects in trafficking in human beings; and
3) The victims of trafficking in human beings no longer have any ties with the human trafficking suspects.
If the victim of trafficking in human beings is particularly vulnerable, the residence permit may be granted on a continuous basis, whether or not the conditions laid down in paragraph 1, paragraphs 1 and 2 are met.
The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed.
Where a victim of trafficking in human beings is granted a temporary residence permit, a residence permit shall not be issued to a member of his family abroad on the basis of a family name. If he is granted a continuous residence permit, the family member shall be granted a residence permit pursuant to Article 47 (3).
Before issuing a residence permit in accordance with Article 52a, the victim of trafficking in human beings may be given a reflection period of at least thirty days and not more than six months.
The reflection period may be extended if the personal circumstances of the victim so require. The total duration of the reflection period may not exceed six months.
During the period of reflection, the victim of trafficking in human beings must decide whether or not to cooperate with the authorities as referred to in Article 52a (1) (2).
The period of reflection may be suspended if the victims of trafficking in human beings voluntarily and on their own initiative have renewed relations with those suspected of trafficking in human beings or if the suspension is necessary on the grounds mentioned in Article 36 (1).
The period of reflection, extension and suspension shall be decided by the police or the border inspection authority.
Law on the reception of applicants for international protection and the identification and assistance of victims of trafficking in human beings (1906/2011) , the Joutseno Reception Centre may decide to grant, extend and suspend the period of reflection if the victim of trafficking in human beings is admitted to the assistance system before the police or border inspection authority is Made a decision on the matter. The Centre shall immediately inform the police of its decisions regarding the period of reflection.
The period of reflection and its continuation and suspension shall be notified in writing to the victim of trafficking in human beings. The notification shall indicate the purpose, time and duration of the reflection period and the possibility of suspending the period of reflection and the grounds for suspension of the period of reflection.
A third-country national who has been illegally employed in Finland is granted a temporary residence permit if he has been illegally staying in the country during his work, and:
(1) in the course of his work, he has been a minor or that his employment is accompanied by particularly exploitative working conditions;
(2) his stay in Finland is justified by a preliminary investigation or court proceedings;
(3) he is prepared to cooperate with the authorities in order to apprehend the employers; and
4) he no longer has any ties with any suspected criminal offence.
The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed.
A family member referred to in paragraph 1 shall not be granted a residence permit on the basis of a family name.
For the period of reflection to be given to the person referred to in paragraph 1, the provisions of Article 52 (b) and the provisions of Article 52c shall apply to the period of reflection.
The police issue a permanent residence permit to a foreigner who is under the witness protection programme (188/2015) In the witness protection program.
The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed. The residence permit may be refused only for overriding reasons relating to public security.
Where the person in the witness protection programme is a citizen of the Union or is equivalent to him, the provisions of Chapter 10 shall apply.
The first temporary residence permit shall be issued for one year, but not more than the period of validity of the travel document of the applicant, unless the residence permit is applied for a shorter period.
However, where a residence permit is issued on the basis of a family name, the period of validity of the residence permit shall not exceed the period of validity of the residence permit issued by the family member on which the residence permit is issued.
The residence permit may be issued for a shorter or longer period if the residence permit is issued for a legal act or work assignment or for the purposes of studies which are to be carried out within a known period of time. However, a temporary residence permit shall not be granted for more than two years.
A resident who has been a Finnish national or whose parents at least another or one of the grandparents are or has been a Finnish national, a temporary residence permit shall be issued for a period of four years, unless it is applied for a shorter period.
A residence permit for the diplomatic mission or consular post of a foreign diplomatic or consular post may be granted for the entire duration of the declared term of office.
The residence permit of a third-country national who is a victim of a trafficking in human beings and a third-country national who has been working illegally and referred to in Article 52d shall be issued for a period of not less than six months and not more than one year. (20/02/2015)
The residence permit on the basis of refugee status and subsidiary protection is granted for a period of four years. (8 MAY 2009/323)
The European Union Blue Card will be issued for two years. If the employment relationship is in force for a shorter period, the European Union Blue Card shall be issued for the duration of the employment relationship plus three months. The family member of the European Union Blue Card holder shall be issued with a residence permit. (16 DECEMBER 2011/1338)
A foreigner who is under the witness protection programme under the witness protection programme and a foreigner who is admitted to Finland on the basis of a decision of the Council of State pursuant to Article 93 of this Act and to which it is decided to grant A residence permit under Article 113 (1) shall be issued for a period of four years. (6.2.2010)
A new temporary residence permit will be issued if the conditions under which a foreigner was granted a previous residence permit are still in existence.
If, on the basis of international protection, a foreigner has obtained a residence permit, a new temporary residence permit shall be issued, unless it appears that the conditions under which a foreigner is The previous temporary residence permit is still valid.
A non-resident who has been granted a temporary residence permit on the basis of Article 45 (1) for the purposes of employment or the pursuit of an economic activity shall be granted a continuous residence permit after two years of stay in the country where the authorisation was granted. The conditions remain.
A non-resident who has been granted a temporary residence permit pursuant to Article 45 (1) (3) for the purposes of studies shall, after completing the examination, grant a new temporary residence permit for the search for a job.
A foreign person who has been granted a temporary residence permit pursuant to Article 51 for the purpose of preventing the removal from the country, the victim of trafficking in human beings who has been granted a temporary residence permit, and the illegal residence referred to in Article 52d, and The working third-country national who has been granted a temporary residence permit shall be issued with a continuous residence permit after two years of stay, if the circumstances on the basis of which the previous licence was granted, Remain in force. (20/02/2015)
The validity of the temporary residence permit granted to the third-country national referred to in Article 52 (d) shall be extended until such time as he/she has been paid the remuneration received. (6.2.2015/93)
A new temporary residence permit will be issued on a new basis if a foreign person could be granted a first residence permit on this new basis. A non-resident who has been granted a temporary or continuous residence permit on the basis of a family name may be granted a residence permit after the end of the family relationship on the ground that the person has fixed links with Finland or that his or her personal situation Is particularly difficult for him or for the use of violence or abuse by the spouse or his child during the period of validity of the family's family ties, and the refusal to authorise the authorisation would be disproportionate. (10/04/377)
A new temporary residence permit shall be issued for a maximum period of four years. (23.3.2007/358)
In the case referred to in Article 54 (3) and (5), where the residence permit criterion becomes permanent, the length of the residence permit shall be subject to the provisions of Article 53 on the length of the first temporary residence permit.
However, where a residence permit is issued on the basis of a family name, the period of validity of the temporary residence permit to be granted shall not exceed the duration of the residence permit for the applicant for the duration of the residence permit. (19,2006/380)
In accordance with Article 54 (4), a temporary residence permit issued in Finland shall be granted for a period not exceeding one year from the end of the previous residence permit. (6.2.2015/93)
The European Union Blue Card will be issued for two years. If the employment relationship is in force for a shorter period, the European Union Blue Card shall be issued for the duration of the employment relationship plus three months. The family member of the European Union Blue Card holder shall be issued with a residence permit. (16 DECEMBER 2011/1338)
The permanent residence permit shall be issued to a foreigner who, having been authorised for permanent residence in the country for a continuous period of four years, has been authorised continuously for a period of four years if the conditions under which a resident is granted a continuous residence permit are in place: And the granting of a permanent residence permit is not an obstacle to this law. The stay shall be considered as continuous if the foreigner has resided in Finland at least half the period of validity of the residence permit. Non-stay shall not be interrupted by periods of absence due to normal periods of leave or other trips or work in an employment site abroad by a Finnish employer.
A permanent residence permit may be issued to a foreign resident on the basis of a family name, even if the applicant does not fulfil the conditions for issuing a permanent residence permit.
The four-year period shall be calculated from the date of entry if the foreigner has been resident in the country for permanent residence. If a residence permit has been applied for in Finland, the period of four years shall be calculated from the date of the beginning of the initial residence permit for permanent residence.
If the residence permit has been obtained on the basis of refugee status, subsidiary protection or humanitarian protection, the four-year period shall be calculated from the date of arrival. (8 MAY 2009/323)
A long-term resident's EU residence permit shall be issued to a third-country national who, on receipt of a residence permit immediately prior to the lodging of an application for a residence permit, is granted a residence permit for a continuous period of five consecutive years. For a year, if the conditions for the granting of a permanent residence permit exist and the long-term resident's EU residence permit does not exist, there are no obstacles identified in this Act.
A continuous stay of less than six months outside Finland shall not interrupt continuous residence if the periods of absence exceed 10 months in total. For specific reasons, the duration of the stay may be considered as a continuous period despite the longer periods of absence, which are not taken into account when calculating the time of residence. If the applicant for a long-term resident's EU residence permit is the holder of the European Union Blue Card, a stay outside the European Union for a period of less than twelve months shall not be interrupted if: The period of absence shall be no more than eighteen months.
The five-year period shall be calculated from the date of the first residence permit issued for residence in the first country and the date of entry if the third-country national has had a continuous residence permit. As regards refugee and subsidiary protection, the period shall be calculated from the date of submission of the application for international protection. A period of five years of continuous residence shall also take account of legal residence in another Member State of the European Union if the third-country national is the holder of the European Union Blue Card, which immediately before The lodging of an application for a residence permit has been lawfully resident for two consecutive years.
A long-term resident's EU residence permit shall not be granted to the beneficiary of humanitarian protection.
A permanent residence permit and a long-term resident's EU residence permit may be refused if:
(1) a foreigner has been found guilty of a criminal offence punishable by imprisonment;
(2) a foreigner is a suspect in a criminal offence punishable by imprisonment;
(3) the aliens have been found guilty of two or more offences; or
4) a foreigner is suspected of two or more offences.
The sentence imposed on the offence does not have to be valid. In considering the obstacles to the issue of a residence permit, account must be taken of the quality and seriousness of the criminal act and the length of stay and the ties to Finland of a foreigner in Finland.
If a foreigner has been sentenced to unconditional terms of imprisonment, a permanent residence permit may be issued if, after the sentence of the sentence has been completed, more than three years have elapsed at the time of the application. If a foreigner has been sentenced to a suspended prison, a permanent residence permit may be issued if it is more than two years after the expiry of the trial period. In other cases, a permanent residence permit may be issued after more than two years after the date of application of the application.
A long-term resident's EU residence permit shall not be granted on the basis of a stay based on refugee status or subsidiary protection status if the status has been withdrawn pursuant to Article 108 (1).
A temporary or permanent residence permit shall be revoked when a foreigner has been permanently moved out of the country or has been permanently resident for two consecutive years for permanent purposes.
A long-term resident's EU residence permit shall be revoked when a foreigner has been resident for two consecutive years outside the territory of the European Union, or has been resident for six consecutive years outside Finland.
In the case referred to in paragraphs 1 or 2, the foreigner may, before the expiry of the periods mentioned above, make an application for non-revocation of the residence permit. If the application is met, the decision shall contain a period within which the residence permit shall not be withdrawn. The application may be granted if a stay outside Finland or the Community has been due to a special or exceptional reason.
A temporary or permanent residence permit or a long-term residence permit of a third-country national may be withdrawn if the application for a residence permit has knowingly provided the wrong person's identity or other Or concealed an element which might have prevented the issue of a residence permit. A long-term resident's EU residence permit may also be withdrawn if it has been granted a stay of residence on the basis of refugee status or subsidiary protection status and if the status has been withdrawn pursuant to Article 108 (1).
A temporary residence permit may be withdrawn if the conditions under which the residence permit was issued are no longer in existence.
A temporary or permanent residence permit or a long-term resident's EU residence permit may be withdrawn if the Schengen State requests Finland to withdraw the residence permit issued by Finland to a foreign country on the grounds that: A foreigner has been subject to an entry ban in another Schengen State and has been ordered to be removed from the Schengen area on grounds such as Article 149 (1) (2) and (3).
In addition, a temporary residence permit issued pursuant to Article 47 (1) (4) may be withdrawn, in addition to the provisions laid down in Article 58, if the hosting agreement expires or the Ministry of Education fails to renew or withdraw the approval of the technical service.
If the hosting agreement is terminated due to the completion of the investigation, the residence permit may be withdrawn no earlier than six months after the completion of the investigation. If the hosting agreement is terminated due to the fact that the Ministry of Education fails to renew or withdraws the approval of a technical service, the residence permit may be withdrawn at the earliest six months after the decision was taken.
The provisions of Article 58 concerning the withdrawal of the residence permit also apply to the withdrawal of the European Union Blue Card. The European Union Blue Card shall also be withdrawn if the cardholder has been unemployed continuously for more than three months.
The residence permit shall lapse when a foreigner is expelled from the country or is granted citizenship of Finland. In addition, a long-term resident's EU residence permit will lapse if another Member State of the European Union grants him a long-term resident's EU residence permit.
The entry for iron shall be entered in the register of aliens.
The first application for a residence permit must be applied abroad before arriving in Finland in the country where the applicant is legally resident. However, on the basis of Articles 49, 49a, 50, 50a, 51, 52, 52a and 52d, the first residence permit may be applied in Finland. (20/02/2015)
A permanent residence permit, a permanent residence permit and an EU residence permit for long-term resident are requested in Finland. (13/03/668)
The application is lodged in Finland with the local police. The application for the first residence permit shall be submitted to the Finnish delegation or to the Delegation of the other Schengen State or to the external service provider. (22/05/2015)
If the Ministry of Foreign Affairs is the issuing authority, the application for authorisation may be submitted to the Ministry of Foreign Affairs after the applicant has already arrived.
The decree of the Council of State may provide for more detailed provisions on the procedure for applying for a residence permit.
Any third-country national who has received a long-term residence permit in another Member State of the Union and his family members shall apply for a residence permit as soon as possible and no later than three months After arrival in the country. The residence permit may also be applied before arrival in the Member State which issued the abovementioned residence permit.
The application for a residence permit shall be settled no later than four months after the submission of the application. The application period may be extended for a maximum period of three months if not all required documents have been submitted for the submission of the application, or for any other specific reason.
The decision on the application for a long-term resident's EU residence permit shall be notified to the applicant no later than six months after the application is lodged. This period may be extended if there were exceptional difficulties in dealing with the case.
Where a long-term resident's EU residence permit has been withdrawn pursuant to Article 58 (2) or expired on the basis of Article 59 (1), the EU residence permit shall be issued again upon application. Authorisation shall be granted if the applicant fulfils the conditions of subsistence provided for in Article 39 and does not obstruct the authorisation provided for in Article 36.
The application for a residence permit shall be reviewed without delay.
In the case of an application for a residence permit and for the submission of an application for international protection, the Finnish Immigration Service, the Police, the Border Guard or the Mission of Finland shall apply for fingerprints on each finger for the residence card.
Fingerprints for each finger card for the residence card may also be taken by another Schengen State's representation or external service provider in the event of the application for a residence permit, if the performance is agreed with it.
If the taking of fingerprints is temporarily impossible when an application is submitted, the applicant may be required within a reasonable period to complete his application by fingerprinting.
The applicant shall attach a facial image to the application.
The biometric identifiers stored on the technical part of the residence card may be read by the Finnish Immigration Service, the police, the border inspection authority and the Finnish delegation.
The holder of a residence permit may take biometric identifiers and compare them with the biometric identifiers on the residence card and the travel document for the authenticity of the residence card and the identity of the holder of the residence permit To verify. The data obtained for the comparison may be used only for the time of comparison, after which they must be disposed of immediately.
The Ministry of the Interior decides to grant access to foreign authorities and the withdrawal of the rights recorded in the card for the residence card.
The validity of the residence permit card shall cease to apply, in addition to the provisions of Article 33a (2):
(1) the residence permit is withdrawn;
(2) a new residence card is issued to the holder of the residence permit;
(3) the holder of a residence permit shall report a residence card missing or be issued;
(4) the residence permit card contains a manifest error;
(5) the card of the residence card has been corrupted, its markings have been changed or that it contains markings other than that of the Authority;
(6) the authority created by a certificate in the technical part of the residence card has been withdrawn by the authority; or
7) the residence permit has lapsed on the basis of Article 59.
After the expiry of the residence card, the Immigration Service, the local police, the border inspection authority or the Finnish delegation will take over the residence card and enter the register of aliens after the expiry of the card. A card taken over by the authorities will be destroyed.
The holder of a residence permit shall obtain a new residence card before the expiry of the card, or where the information on the card is no longer up-to-date or if the card has expired on the basis of the provisions laid down in Article 60f.
If a residence card is issued in accordance with the application, the applicant shall not be given a separate administrative decision or an appeal.
The holder of a new residence card shall hand over the previous residence card to the authority. If the card is not held by the beneficiary, he shall provide an explanation.
The Immigration Service or the local police will issue a new residence card. The application is submitted to the local police.
When applying for a new residence card, fingerprints shall be taken from the applicant as provided for in Article 60d. The applicant shall attach a facial image to the application.
The holder of a residence permit shall apply for a residence card without delay after the expiry of his travel document, which is still valid for a valid residence permit.
A foreign travel document may be temporarily taken over by a foreign travel document when dealing with a visa, a residence permit or a travel document if it is necessary to verify the accuracy of the personal data or the document, or For marking the visa. (10/06/2015)
The travel document must be returned to a foreigner as soon as its possession is not necessary for the purposes of the proceedings. The foreign person shall have the right to obtain a travel document for travel or for the treatment of essential matters.
The certificate shall be issued by the police or the border inspection authority.
In order to determine the conditions of the residence permit, the applicant and the applicant shall be given an opportunity to be heard before a decision is taken, unless the application is immediately rejected as unfounded.
The Immigration Service or the Police Department may obtain an opinion on the application for a residence permit issued on the basis of a family name, from the social authority or health authority of the applicant's place of residence. The opinion may be requested on the social or health status of the applicant if the applicant is an unaccompanied minor, or if the applicant is a non-member of the nuclear family, or if there is another family situation; A specific reason relating to the investigation.
In the opinion referred to in paragraph 1, the social authority or the health authority shall be obliged to issue to the Immigration Office or the police department in its opinion referred to in paragraph 1, without prejudice to the application for a residence permit on the basis of a family name The social or health status of the person in possession of the information necessary for the decision to issue a residence permit on the basis of a family name.
When applying for a residence permit, the applicant, the applicant or other member of the family may be heard orally in order to determine the conditions of entry or residence.
The hearing shall be performed by the police or an official of the Finnish delegation. A hearing may be carried out by the Immigration Service if it is necessary to clarify the matter. (9.11.2007)
The Finnish Immigration Service may reserve an opportunity for the applicant and the applicant to establish a biological relationship with the DNA study of the State resources if it is not otherwise possible to obtain a family-based family bond. Sufficient clarification and if the DNA study makes it possible to obtain relevant evidence of a family bond. (9.11.2007)
Appropriate information shall be provided to the interested party on the purpose and nature of the DNA study and the consequences and risks associated with it. The conduct of the DNA investigation requires the examination of the written consent of the information and free will. The research data may not be used for purposes other than those specified in the consent given by the person under examination by the person being examined for the purpose of issuing a residence permit.
If the person concerned has deliberately provided false information on the basis of which he and his family member have been directed to DNA, the Immigration Office shall oblige him to reimburse the State for the costs of the investigation, unless this is: Disproportionate to the circumstances. The decision of the Immigration Office shall be implemented in accordance with the law on the recovery of taxes and charges (367/1961) Provides. (9.11.2007)
L-enforcement of taxes and charges 367/1961 Has been repealed by L for the implementation of taxes and charges 706/2007 .
The DNA test will be carried out in the Public Health Institute or the Department of Justice of the University of Helsinki. The DNA test supplier shall, without delay, send an opinion to the Immigration Office on the basis of the DNA type. When the Office of Migration has resolved the case, it shall inform the supplier that the samples and DNA identification details are disposed of. (9.11.2007)
For the DNA test, the necessary samples shall be taken in Finland at the University of Law Medicine at the University of Helsinki or in the health centre of the healthcare professional. The sample shall be sent to the test supplier referred to in paragraph 1.
For the DNA test, the necessary samples shall be taken abroad by a healthcare professional in the premises of the Finnish delegation or representation. The sample shall be sent to the test supplier referred to in paragraph 1.
The sampling of the test sample shall be monitored and the identity of the sampled officer shall be verified by the police or the official of the office of immigration or representation. (9.11.2007)
The decree of the Council of State may provide more detailed provisions for the conduct of the DNA study.
Where a residence permit has been applied for on the basis of a family name, consideration must be given to the nature and solidity of the foreign family's family ties, the length of his stay in the country and his family, cultural and Its social ties to the home country. The same shall apply to the discretion when deciding on the withdrawal of a residence permit issued on a family basis, or on the removal of the applicant or his/her family members.
The Immigration Service shall issue:
1) a first residence permit to a foreign foreign country;
(2) in the cases referred to in Articles 49, 49a, 51, 52, 52a and 52d of the first residence permit without a residence permit; (20/02/2015)
3) a residence permit in the event that the Office has referred the matter to the Office for Immigration. (22/2011/886)
The Finnish Immigration Service shall withdraw the residence permit on the basis of the criteria laid down in Article 58 (1), (2) and (6), and on the grounds set out in Articles 58 (4) and 58 (5) and 58 (a) and 58 (b). (16 DECEMBER 2011/1338)
The Office shall decide not to withdraw the residence permit in the case referred to in Article 58 (3).
The Immigration Agency acts in accordance with Article 25 of Council Directive 2003 /109/EC on the status of third-country nationals who are long-term residents, as amended by Directive 2011 /51/EU and within the meaning of Article 22 of the Specific Skills Directive The exchange of information as a contact point. (13/03/668)
The police department of the place of residence of a foreign country grants:
(1) a residence permit for a family member of a Finnish citizen in Finland, and a family member of the Union citizen residing and registered in Finland and registered in Finland and registered in Finland; Unmarried child;
2) a new temporary residence permit;
(3) a foreign country resident in the country of permanent residence; and
4) long-term resident EU residence permit.
(13/09/98)The police department shall withdraw the residence permit issued under Article 58 (1), (2), (4) and (5), and the criteria laid down in Articles 58a and 58b. (16.12.2011/1339)
The police department transfers residence permits to the new travel document.
The Finnish delegation shall receive an application for a residence permit from a person abroad and check that the application has been correctly completed and contains the necessary documents and information. (22/05/2015)
An application for a residence permit abroad may also be received by another Finnish delegation if the Ministry of Foreign Affairs has given the necessary authority to the designated Finnish citizen.
The Ministry of Foreign Affairs shall grant a temporary residence permit to the diplomatic mission and consular post of a representative of the Member State of dispatch in Finland, as well as to the members of the staff of the international organisation in Finland and to his/her family members and staff members. A person employed in a private service who is a national of the Member State of dispatch. The Ministry of Foreign Affairs shall issue a temporary residence permit for a foreign diplomatic and consular mission to carry out construction, repair and maintenance work.
The Ministry of Foreign Affairs withdraws its residence permit.
Paragraph 5 has been repealed by L 10.6.2011/631 .
The decision on the application for a residence permit on the basis of a family name shall be notified to the applicant no later than nine months after the application is lodged. The decision on the application for a residence permit issued by a family member of the European Union Blue Card holder on the basis of a family member's family member shall be notified to the applicant no later than six months after the application. In exceptional circumstances, the decision may be notified at a later date.
The Ministry of Foreign Affairs may, after consulting the Ministry of the Interior, agree on the issue of residence permits for the Finnish delegation to the Delegation of the other Schengen State.
Where it is not possible to delegate tasks to another Schengen State delegation, the Ministry of Foreign Affairs may, after consulting the Ministry of the Interior, agree to carry out the tasks assigned to the external service provider referred to in Article 28, under special circumstances or For reasons arising from the local situation.
One or more of the following residence permits may be issued to the Delegation of the other Schengen State and to the external service provider:
1) provision of general information relating to the application for a residence permit;
(2) informing the applicant of the documentation required on the basis of a checklist;
3) receipt of information, application and handling fee, and transmission to the Finnish delegation;
(4) verification of the applicant's identity;
(5) the inclusion and storage of biometric identifiers;
(6) appointment of time reserves for a personal visit to the Finnish delegation or external service provider;
(7) the arrangements for consulting the applicant for a residence permit;
(8) the transmission of additional requests for clearing and settlement related to the application;
(9) communication of the notification of the decision.
In addition, the contract provides for the applicant to be directed to the Finnish delegation if, in the course of the performance of his duties, doubts arise as to the reliability of the document showing the identity of the applicant or the accuracy of the other document presented, or if the delegation Or the Immigration Service is of the opinion that clarification of the case requires personal contact in the delegation.
An external service provider shall be entitled to pay a service fee from the applicant. The service charge and its size are agreed between the Ministry of Foreign Affairs and the external service provider. The service charge shall be reasonable and also proportionate to the costs incurred by the external service provider in carrying out the tasks entrusted to it.
The external service provider may have legal personality:
(1) is not bankrupt and is a serious one;
(2) the persons and employees responsible for the operation are reliable and trained to perform tasks under Article 69c and the commitment to respect the data protection even after they do not perform tasks;
(3) secure premises, communications and information systems, as well as other technical and operational capabilities required for the proper management of tasks;
(4) with the necessary authorisation, registration and contracts, and for which there is a guarantee that there is no conflict of interest;
(5) undertakes to act in accordance with the procedures for effective data protection and the conduct of procedures and other instructions issued by the Ministry of Foreign Affairs;
6) whose staff are treated with respect, regardless of their clients' gender, race or ethnic origin, religion or belief, disability, age or sexual orientation.
In order to ensure data protection, the unauthorised reading, copying, modification or deletion of data shall be prevented at all times, in particular when they are transferred to the Finnish delegation. The information shall be transmitted in accordance with the instructions and in encrypted form as soon as possible and disposed of immediately after the transfer. However, the name, contact details and passport data of the applicant may be kept for later matters until the date of notification of the decision. Provision shall also be made for the protection of personal data against accidental or unlawful destruction, accidental loss, alteration and unauthorised disclosure or use, as well as information only therein For the purposes of the performance of the duties.
An agreement with another Schengen State, in addition to that mentioned in Article 69c, takes the provisions of paragraphs 1 (3), (5) and (6) and (2) of this Article, and on the validity, discharge and control of the operation. In addition, an agreement with an external service provider shall include provisions on points 1, 2 and 4 of Article 1 (1), a contractual penalty and a provision for the application of Finnish law to disputes relating to the contract and the dispute settlement procedure. In a Finnish court.
The Ministry of Foreign Affairs and the Finnish delegation in question shall monitor the activities of another Schengen State delegation and the external service provider and carry out checks to establish that they comply with the Agreement. The whole exercise and, in particular, the implementation of data protection are the subject of control.
In order to carry out checks, the external service provider shall be allowed access to its premises without prior warning, control of the systems and efficient execution of supervision in another agreed manner.
The second Schengen State delegation and the external service provider shall report to the Ministry of Foreign Affairs and inform the Ministry of Foreign Affairs and the relevant Finnish delegation without delay of any possible On security breaches and findings concerning the misuse and unauthorised use of data.
The Ministry of Foreign Affairs shall terminate its contract if the delegation or external service provider of another Schengen State no longer fulfils the conditions of Article 69e (1) or does not comply with the provisions of Article 69 (2).
If deficiencies have been found in the functioning of another Schengen State delegation or an external service provider and has not been remedied within the time limits given to it, the Ministry of Foreign Affairs shall terminate the contract. In addition, the Ministry of Foreign Affairs may terminate the contract if its confidence in the functioning of the external service provider is significantly compromised.
The Ministry of Foreign Affairs shall immediately inform the Ministry of the Interior and Immigration of the deficiencies referred to in Article 2 (2) of the Agreement.
The purpose of the 'residence permit' scheme is to support the availability of labour in a planned, rapid and flexible manner, taking into account the legal protection of employers and foreign workers and the labour force already existing in the labour market. Access to employment.
The social partners shall participate in the monitoring and evaluation of the procedures for issuing residence permits and the establishment of national and regional guidelines on the general conditions for the use of foreign labour. The national guidelines referred to in this Article shall be adopted by the State Council Decision and the regional guidelines by decision of the relevant industry, transport and the environment.
Article 60 provides for the application for a residence permit. The employer shall attach to the application for residence of the worker:
(1) labour contract law (55/2001) in Chapter 2, Article 4 A description of the main conditions of employment;
(2) a declaration that the conditions are in accordance with the provisions in force and in accordance with the collective agreement in question or, if the collective agreement is not applicable, that they are equivalent to those employed in the labour market; Practice;
(3) where required by the labour and business office, an explanation of the fact that the employer has taken care of and will be able to fulfil his obligations as an employer.
The granting of a residence permit shall be based on the consideration of:
(1) the availability of a suitable labour force in the labour market within a reasonable period of time;
(2) ensure that the issue of a worker's residence permit does not prevent the employment of the person referred to in paragraph 1;
(3) ensure that a worker's residence permit is granted only to a qualifying person if the work requires specific qualifications or recognised health status;
(4) ensure that the explanations and declarations annexed to the application by the employer are in accordance with Article 72.
When considering the issue of a worker's residence permit, the guidelines referred to in Article 71 should be taken into account.
The subsistence of a non-resident must be guaranteed during the period of validity of the residence permit.
The worker's residence permit entiters him to work in one or more professions.
For specific reasons, the worker's residence permit may be restricted to work in one or more professions in the service of a particular employer.
The work and business office shall, on written application by the employer or the employer, give prior written information on the conditions for the issue of the residence permit issued by the employee. The work and business office shall provide prior information without delay. At the request of the employer, the work and business office shall, for the purposes of applying for a residence permit, be subject to prior information in accordance with prior information.
The granting of a residence permit shall be based on the discretion of the trader to ensure that the business is in favour of a viable business.
The subsistence of a foreigner must be guaranteed by gainful employment, by economic activity or by other means of subsistence.
The remaining residence permit for gainful employment shall be issued to a foreigner who:
(1) acts in the field of specialist or specialised managerial tasks;
(2) acts as a sportsman, coach or sports writer when the activities are professional;
(3) acts in the service of a religious or ideological community;
(4) acts professionally in the field of science, culture or art, with the exception of restaurant renewals;
(5) operate in an international organisation or in the field of official cooperation between States;
(6) acts professionally in the field of mass communications, unless his work, or his employer, has an establishment in Finland;
(7) examine the market, prepare the establishment of an undertaking in Finland, negotiate orders, purchase orders or supervise the execution of orders made or act in other similar tasks, unless his work, or his employer, has: The seat in Finland;
(8) in Finland, the main purpose of the examination and residence is to work;
(9) acts as a guest lecturer, lecturer, educator, consultant or researcher on the basis of an invitation or agreement, if the work lasts for a maximum of one year;
(10) make the work of a machine, a machine, a production line or an expert system exported to a country imported or exported from abroad, provided that the work lasts for a maximum of six months;
(11) carry out work or training in an agreement between States or an ngo exchange programme if the work or training takes up to a maximum of 18 months, or is carried out by a non-governmental A transfer within a maximum of one year within the undertaking; or
12) is between 18 and 30 years of age and perform work placements when he is studying in a foreign university in Finnish or Swedish, or when the traineeship is equivalent to a foreign study or a degree if the duration of the internship is not more than 18 months.
Where work exceeds the time limits laid down in paragraphs 9 to 12, the foreigner shall apply for a residence permit.
The subsistence of a non-resident must be guaranteed during the period of validity of the residence permit.
A foreign person who has been granted a residence permit shall have the right to work as defined in Article 74.
A non-resident who has been granted a residence permit for the purpose of gainful employment is entitled to the right to work as a criterion. The holder of a residence permit issued on another basis shall also be entitled to work within the meaning of Article 77 (1) (1) to (5).
Moreover, the right to work is a foreigner:
(1) for which a permanent residence permit has been issued, a long-term resident EU residence permit or a continuous residence permit for a long-term resident, other than on the basis of employment or professional activity;
2) which has been issued with a residence permit on the basis of a family name;
(3) has been granted a temporary residence permit on the basis of temporary protection or other humanitarian migration;
4) whose residence permit has been issued for the purpose of studies, if:
(a) the work is carried out as a gainful employment in the study or study included in the study;
(b) the average level of employment is set at a level of 25 hours per week at a time when an educational institution is provided; or
(c) full-time work takes place at a time when there is no actual teaching in the institution;
(5) to which a temporary residence permit is granted on the basis of Article 52a or 52d;
(6) whose residence permit was issued on the grounds of refusal of exit from the country in accordance with Article 51; (22/05/2015)
7) to which the Ministry of Foreign Affairs has issued a residence permit for the construction, repair or maintenance work of the delegation.
With the exception of the residence permit referred to in paragraph 3 (7), the right to work under this Article shall be marked with the residence permit of a foreigner.
The right to work without a residence permit is a foreigner who:
(1) become an interpreter, teacher, expert or sports owner under an invitation or agreement for a maximum period of three months;
(2) become a professional or sportsman or sportsman, including assisting, maintenance and coaching staff, for a period not exceeding three months;
(3) works as a seaman either on board a merchant vessel list or, after being employed outside Finland, on a ship which mainly operates between ports of foreign origin;
(4) comes from berries, fruit, special crops, roots or vegetables, or for a period not exceeding three months;
(5) Whereas a temporary acquisition or subcontracting work within the meaning of the freedom to provide services is to be carried out by another undertaking in the European Union or a State of the European Economic Area as a permanent worker if he or she is in possession of: Permits valid for stay and work, valid after the completion of the work in Finland;
(6) shall become a researcher in Finland, on the basis of a hosting agreement in another Member State of the European Union, for the purpose of carrying out a scientific research project, as referred to in the Directive, for a maximum period of three months.
The foreigner has international protection after having acquired the right to carry out gainful employment without a residence permit:
(1) when he has a document referred to in Article 11 (1) (1) and has been in the country for three months;
2) when staying in the country for six months.
Where an employer or an employer does not have a seat in Finland, the foreigner has the right to do a gainful employment without a residence permit:
(1) as a product rapporteur or film worker for a maximum period of three months;
(2) as belonging to a foreign owned or controlled motor vehicle, when the foreign transport of a vehicle with the crossing of the border is to be taken to the place of destination or the departure point, or where the operation in Finland is accompanied by: Regular route traffic between localities, of which at least one is located abroad, and the foreigner has no place of residence in Finland;
3) as head of travel to Finland from abroad.
If the application for a further residence permit for the same employer or profession has been made in the case of a previous residence permit, the foreigner may continue to work in accordance with the previous authorisation until a new application has been granted Or a negative decision has become final. Otherwise, the right to work under the previous authorisation expires at the end of the authorisation. The right to work under the new residence permit shall begin once the authorisation has been granted.
If the right of a foreigner is based on a residence permit other than the worker's residence permit and the application for a further residence permit has been made in the case of a previous residence permit, the right to work will continue in accordance with the previous authorisation until a new application is made The granting of a residence permit or a negative decision has become final.
If a foreign residence permit has been issued under Article 77 (1) (9) to (12), the right to work shall end at the end of the period of validity of the authorisation.
If, in the circumstances referred to in Article 54 (4) or in the situation referred to in Article 77 (1) (8), the application for a further stay for work or for a job search has been made for prior studies in the validity of the residence permit issued pursuant to Article 45 (1) (3), A foreigner is allowed to continue his work under the previous authorisation or to start a new employment.
If an application for a further residence permit has been made for work in the case of a residence permit issued under Paragraph 54 (4), a foreigner may, after finding a job, start work.
If a negative decision is taken in respect of a request for a residence permit referred to in paragraphs 4 or 5, no further work may be carried out, even if the decision is appealed against.
Where a foreign employment law is based on a visa or visa waiver, the right to a visa shall not exceed the period laid down in Article 79. The application of a residence permit for a visa or a visa waiver does not extend the duration of the right to work. Without prejudice to Article 79, the right to work shall end when the decision on the refusal of a person is enforceable.
If the right to work is based on the residence permit and the person is expelled, the right to work shall cease when the decision on expulsion is enforceable.
The European Union Blue Card shall be issued to a third-country national if it presents a contract of employment for at least one year of highly qualified employment or a binding job offer and the general conditions for issuing a residence permit are: Exist. It is also required that the salary agreed in the contract or binding job offer is equal to at least 1,5 times the average employee's gross wage.
The issuing of the Blue Card shall be subject to the provisions of Chapter 5 on the issue of a residence permit for the worker, with the exception of the consideration referred to in Article 73 (1) (1) and (2).
The decision on the European Union Blue Card shall be notified to the applicant no later than 90 days after the application is made. The time limit shall be suspended for the duration of the application.
If another Member State of the European Union does not grant a blue card to the European Union Blue Card holder, he and his family members may return to the country and stay in the country for three months after having received a negative decision, even if: The blue card issued by Finland would no longer be valid.
Articles 81 C and 81 d have been repealed by L 30.12.2013/1218 .
No later than four months after receipt of a duly completed application by the Authority, the competent authority shall make a decision on the application for a residence permit or other residence permit. The Annexes. Where an application is initiated by electronic means, the processing time shall be calculated on the basis of the applicant's personal contact with the Authority in order to provide the biometric identifiers in accordance with Article 60d and to submit the annexes in the original form.
The longer processing period provided for in paragraph 1 shall be possible in exceptional circumstances relating to the complexity of the examination of the application. If the competent authority is required to request or obtain further clarification, the processing time shall be suspended until such time as the necessary explanations have been obtained.
The work and business office determines the conditions laid down in Article 73 for the issue of the residence permit. The work and business office determines whether work is temporary or continuous.
Subject to Article 36, the Finnish Immigration Office shall issue a residence permit to a foreign worker after a positive partial decision taken by the labour and business office, subject to Article 36 and unless otherwise provided for in the foreign application A residence permit. The Immigration Office shall decide whether it is unfounded as referred to in Article 49 (1) (3).
If a foreigner has a valid residence permit and not subject to Article 36, the police department shall, after a positive partial decision by the employment and business office, issue a residence permit. If the application concerns the same profession as the one in force when the application is filed, the work and business office shall not exercise the discretion referred to in Article 73 (1) (1) to (3).
The Centre for Food, Transport and the Environment shall decide whether the conditions laid down in Article 76 for the granting of a residence permit are fulfilled. The Centre for Food, Transport and the Environment will decide whether the business is temporary or permanent.
Subject to Article 36, the Finnish Immigration Service shall issue a residence permit to a foreign trader after a positive partial decision taken by the Transport and Environment Agency, subject to Article 36 and subject to a foreign application In the case of leaving a valid other residence permit. The Immigration Office shall decide whether it is unfounded as referred to in Article 49 (1) (3).
If a foreigner has a valid residence permit and not subject to Article 36, the police department shall, after a positive partial decision taken by the Transport and Environment Agency pursuant to paragraph 1 of the Residence permit.
The tasks provided for in this Act are the work and business offices located in the most important municipalities for the mobility of foreign labour, as laid down in more detail by the Regulation of the Ministry of Employment and the Economy.
The supervision of pay and other working conditions under the responsibility of the Occupational Safety Authority shall be regulated separately.
If the employment protection authority has probable cause to suspect (39/1889) in Chapter 47, Article 6a , the employment protection authority, as provided for in Article 185 (1) of this Law, or the employer's foreign infringement as provided for in Article 186, shall inform the police.
Where appropriate, the Occupational Safety Authority shall be given an opportunity to be present and to be heard during the investigation of the offence referred to in paragraph 2.
Compliance with the obligations laid down in Articles 86a and 86b is monitored by the Occupational Safety Authority. Monitoring is laid down in the Law on the supervision of the protection of workers and the workplace (1940/2006) .
The employer must ensure that a foreign worker who is engaged and employed must be required to hold a residence permit or that he does not need a residence permit.
An employer who is employed by a Union citizen other than a Union citizen or a member of his family shall, without delay, submit a report and declaration referred to in Article 72 to the Office for Employment and Economic Affairs and declare the employment The name of the truscan, the truscan of the truscan and the worker, and the applicable collective agreement.
The employer shall keep records of the foreign nationals and their right to work in the workplace in such a way that they are easily inspected, if necessary, by the labour inspecting authority. The employer shall keep records of the termination of the service for four years.
The obligations referred to in Articles 72 and 86a (1) and (2) of Article 72 and Article 86a (1) and (2) of the employer shall apply to workers who are employed by a foreign employer in the working or subcontracting work or subcontractor, The main contractor or principal contractor. Law on the posting of workers (18/06/1999) Shall be governed by the conditions laid down in that law.
A foreigner staying on the ground will be given asylum if he stays outside his country of residence or staying in his country of residence because of his legitimate fear of being persecuted there, religion, nationality, As a result of belonging to a particular social group or political opinion, and if he is reluctant to resort to the protection of the so-called country.
The place of refuge shall not be given to a foreigner who has done or has reasonable grounds to suspect:
1) a crime against peace, war crimes or crimes against humanity, in accordance with the definitions of international conventions on crime;
(2) non-political offences outside of Finland before he became a refugee in Finland; or
3) an act contrary to the purpose and principles of the United Nations.
The asylum shall be refused to any person who may receive protection or assistance from other United Nations bodies or offices other than the United Nations High Commissioner for Refugees (UNHCR). Where such protection or assistance has ceased without the status of a person being definitively regulated in accordance with the resolutions in force adopted by the United Nations General Assembly, such a person shall be entitled to refugee status. If a person has voluntarily waived the above protection by leaving the protection area for reasons other than the need for protection, his right of residence shall be examined under this law.
The place of refuge shall not be given to a foreigner who has the rights and obligations relating to the nationality of that State recognised by the competent authorities of the State in which he is resident. (8 MAY 2009/323)
There are acts which, because of their quality or their repetition, constitute a serious infringement of fundamental human rights. It is also considered to be the equivalent of a similar accumulation of acts involving human rights violations.
The acts to be considered as a swear may include:
(1) physical or mental violence, including sexual violence;
(2) legal or administrative measures, or measures relating to the operation of the police or of law, which are in themselves discriminatory or which are carried out in a discriminatory manner;
(3) abusive or discriminatory prosecution or punishment;
(4) the absence or refusal of an appeal, resulting in a disproportionate or discriminatory punishment;
(5) prosecution or punishment for the refusal of a military service in a conflict in which the conduct of the military service would include acts referred to in Article 87 (2);
6) an act of a gender or a child.
When assessing the causes of persecution, account shall be taken of at least the elements of origin, religion, nationality, political opinion and membership of a particular social group as provided for in this paragraph.
The causes of the persecution:
(1) origin means, in particular, colour, origin or belonging to a particular ethnic group;
(2) religion shall include, in particular, theistic, non-theistic and atheistic beliefs, participation in private or in public, alone or in combination with religion or detention, other religious activities or opinions; or Any personal or group behaviour based on religion or belief;
(3) nationality includes nationality or stateless status of a given country, and belonging to a group which is linked by cultural, ethnic, linguistic, geographical or political factors, or to the population of a group in another State;
(4) political opinion means, in particular, opinions, ideas and beliefs about possible actors involved in persecution and their policies or methods.
For the purpose of assessing the causes of persecution in a given social group, a group may be considered:
(1) whose members have a common background, other intrinsic property or belief, which is so essential to the identity of the members of the group or to their consciences that they cannot be asked to give it up; and
(2) the society that surrounds society as distinct from other society.
A common characteristic of the social group may also be sexual orientation, which, however, cannot be regarded as a criminal offence when assessing the causes of persecution. In addition, the definition of belonging to a social group or the characteristics of such a group shall take into account gender identity and other gender-related issues.
In assessing whether the applicant has a legitimate fear of being persecuted, it does not matter whether the applicant actually has characteristics relating to the origin, religion, nationality, social or political group which lead to persecution if: However, the operator assesses the applicant as having such characteristics.
A resident of a foreign country shall be granted a residence permit on the basis of subsidiary protection if the conditions laid down in Article 87 for asylum are not met, but there are significant grounds for believing that if a foreigner is returned In his country of origin or of the country of habitual residence, he would be in serious danger of suffering serious harm, and is unable or unwilling to resort to the protection of the so-called country. Serious harm means:
1) the death penalty and execution;
(2) torture or other inhuman or degrading treatment or punishment;
3) the serious and personal risk of indiscriminate violence in the context of an international or internal armed conflict.
On the basis of subsidiary protection, the residence permit shall not be granted to a foreigner if there are reasonable grounds for suspecting that he has done:
1) a crime against peace, war crimes or crimes against humanity, in accordance with the definitions of international conventions on crime;
(2) a serious crime; or
3) an act contrary to the purpose and principles of the United Nations.
A foreign resident shall be granted a residence permit on the basis of humanitarian protection, provided that there are no conditions under Articles 87 or 88 to provide asylum or subsidiary protection, but he cannot return to his/her country of origin or permanent To the country of residence due to the environmental disaster there or due to the poor security situation there, which may be due to an international or internal armed conflict or a difficult human rights situation.
The residence permit on the basis of humanitarian protection may be refused if there are reasonable grounds for suspecting that he has done:
1) a crime against peace, war crimes or crimes against humanity, in accordance with the definitions of international conventions on crime;
(2) a serious crime; or
3) an act contrary to the purpose and principles of the United Nations.
A legitimate object within the meaning of Article 87 (1) to fear that it is likely to be subject to persecution or serious harm as referred to in Article 88 (1) may be based on events after leaving the country of residence or of permanent residence; or Activities to which the applicant has participated since his departure.
Operators carrying out or causing serious harm may include:
1) the State;
(2) parties or organisations which control the State or a substantial part of its territory; or
(3) non-state actors if it can be demonstrated that the protection providers under Article 88d are unable or unwilling to provide protection against persecution or serious harm.
The protection provider may be a State or State or a substantial part of its territory under its control by an international organisation willing and able to provide protection. Protection must be effective and of a lasting nature.
A residence permit referred to in Article 88 and 88 (a) may not be granted to a foreigner if he or she does not have a legitimate fear of persecution or serious risk of being persecuted in one of his or her country of residence or in his or her country of residence. Suffer serious harm or, in one of the parts of his country of origin or in the part of his country of residence, be entitled to protection within the meaning of Article 88 (d). In addition, he must be able to safely and legally enter that part of the country and be able to reasonably be able to stay there.
In assessing whether a part of the country is in conformity with paragraph 1, attention shall be paid to the general conditions prevailing in that part and to the applicant's personal circumstances.
For a foreigner in Finland who is not granted asylum or residence permits on the grounds of subsidiary protection or humanitarian protection because he or she has done or has reasonable grounds for suspecting that he has done so in Article 87 (2), Article 88 (2) Or the act referred to in Article 88a (2), the temporary residence permit shall be issued for a maximum period of one year if he cannot be removed from the country because he or she is facing the death penalty, torture, persecution or other degrading treatment of human dignity.
In Finland, persons or other foreigners in need of international protection may be included in the refugee quota for re-investment in the refugee quota.
The refugee quota means the reception of foreign nationals in need of international protection in accordance with the criteria laid down in the budget for each year.
The Ministry of the Interior, in cooperation with the Ministry of Foreign Affairs and the Ministry of Employment and the Economy, prepares a proposal for a regional allocation of the refugee quota.
The criteria for the granting of a residence permit under the refugee quota are:
(1) a foreigner in need of international protection in relation to his country of origin;
(2) the foreigner is in need of reinvestment from the first country of asylum;
3. The conditions for reception and integration in Finland have been assessed; and
4. There are no obstacles to the granting of a residence permit.
The General Council may decide on the admission of aliens to Finland on a special humanitarian basis or in order to meet international obligations.
The Ministry of the Interior, the Ministry of Foreign Affairs and the Ministry of Employment and the Economy are preparing a proposal for a decision by the Council of Ministers. (12/01/1252)
The asylum procedure shall cover an application submitted at the Finnish border or in the territory to the Authority, on the basis of the need for international protection.
A foreigner invoking a threat to his human rights shall be deemed to seek asylum, unless otherwise specified.
In the context of the asylum procedure, the issue of the right of residence shall be examined and resolved on the basis of future criteria.
An application for international protection shall be submitted to the police or to the border inspection authority upon arrival or as soon as possible thereafter.
Applications may be submitted later if:
(1) the circumstances in his country of origin or in the country of permanent residence have changed;
(2) the foreigner has only subsequently been able to submit a report in support of his application; or
3) there is another legitimate reason.
The application shall be promptly registered by the police or the border inspection authority. Where an application for international protection is made to staff of the Office of Migration, Reception Centre, Detention Unit or Customs, the applicant shall direct the application to the police or border inspection authority and the application shall be registered Within six working days of the application. If there is a strong increase in the number of applications, the police or border inspection authority may extend the deadline for registration to 10 working days. The extension shall be notified to the Commission at least once a year and as soon as the extension is no longer necessary.
An applicant for international protection is informed of the asylum procedure and of his rights and obligations under the procedure. The police or the border inspection authority shall inform the applicant of the application for international protection. Information may also be provided by the Finnish Immigration Service or the Reception Centre as soon as possible after submission of the application. The information shall be given in the applicant's mother tongue or in a language which he can reasonably be expected to understand.
If a decision on the application for international protection cannot be made within six months of the submission of the application, the applicant shall be informed of the delay in processing. At the request of the applicant, information shall also be provided on the cause of the delay and on when a decision can be expected.
The applicant may withdraw its application for international protection to the Immigration Agency, to the police or to the border inspection authority by a written declaration made in person, stating unequivocally that the applicant's intention Shall withdraw its application. Applicant the day and signs the notification.
The applicant shall request the applicant to inform the applicant of his position on any removal and prohibition of entry, and to request the withdrawal of two unimpeded witnesses who may be officials or police officers of the Immigration Office; or Border inspection authorities.
When deciding to lapse the application, the Immigration Office may decide to withdraw from a foreign country and to impose a ban on entry if the conditions for removal and the imposition of an entry ban exist under this law.
The Immigration Service shall take a decision on the lapsing of an application for international protection if the applicant is dead or has left or is likely to have left Finland. The applicant shall be considered likely to have left Finland if, according to the information from the reception centre, he has not been unknown for at least two months or has not been in contact with him for at least two months. By means of contact information.
If the applicant claims to the competent authority after the Immigration Service has taken a decision pursuant to paragraph 1 to lapse his application, he shall be informed of the right to submit a new application.
A foreign person applying for international protection or temporary protection or as a quota refugee to Finland may be issued with a card showing that the application for him is pending in Finland. The card will be issued by the police or the border guards.
The name, date of birth, nationality and the photograph shall be entered in the card. If the identity of the applicant has not been ensured, it shall be marked on the card. The card shall be valid in Finland for a period of time, but not more than until such time as the matter has been settled by law, or the person concerned has left the country or has received a travel document.
A foreign person shall return the card once the application has been legally settled, the person concerned leaves the country or has received a travel document. Once the card has expired, the border inspection authority, the police or the Immigration Service may take over the card. (9.11.2007)
Applicants with a law on the reception of applicants for international protection (746/2011) Article 6 , or other specific needs identified during the asylum procedure, shall be supported to ensure that he can benefit from and comply with the rights of the asylum procedure Obligations.
On the basis of international protection, the police or the border guard shall determine the identity, itinerary and entry of the foreigner applying for a residence permit, and for determining the State responsible for examining an application for asylum Necessary information. In determining the identity of the applicant, personal data shall be collected on his/her family members and other relatives.
The police or the border guard service explains the information required for the purpose of the admissibility referred to in Article 103 (1) and (3).
The immigration office shall conduct an asylum interview with an oral explanation of the applicant's grounds for persecution or other misconduct and threats against him in his country or country of permanent residence. At the request of the Finnish Immigration Service, the police may conduct interviews with the citizens of the Union and, on a temporary basis, interviews with other candidates, where the number of applications has been substantially increased. When the police conducts interviews as a result of an increase in the number of applications, the Office shall inform the Commission thereof at least once a year and as soon as the police talks are no longer required.
The protection police may take part in the asylum interview if required by Finland's national security or international relations.
In the case of an asylum seeker, the presence of a member of the family is permitted only for a reason. In the case of a minor applicant, Article 6 of this Act and Article 14 of the Administrative Code shall apply.
In particular, the asylum interview shall indicate how the applicant views the possible removal of a safe country of origin, as well as an entry ban. In particular, the applicant shall be informed of the reasons why he considers that the State concerned is not safe for him. It is also necessary to ascertain whether, in addition to the need for international protection, the applicant has other grounds for obtaining the right of residence.
The asylum interview can be recorded as a sound and a picture. Before starting, the recording shall be notified to the applicant.
Minutes shall be drawn up on the asylum procedure. At the end of the interview, the Protocol shall be interpreted to the applicant and shall be informed of the possibility of making corrections and additions thereto. The applicant shall confirm the contents of the Protocol with its signature. The applicant shall receive a copy of the minutes immediately or as soon as possible after the interview.
The representative of a minor who is referred to in Article 39 of the Law on the Application for International Protection, or any other minor, shall be present at the asylum interview of unaccompanied minor.
In the case of individual international protection, the authorities referred to in this Law shall not obtain information in a way which leads to the beneficiaries of persecution or serious harm to the international protection And which jeopardises the safety of the person concerned or of his loved ones.
The applicant shall be subject to a medical examination, with the consent of the applicant, in order to establish the facts referring to the previous persecution or serious harm, if necessary in order to assess the application for international protection.
An application for international protection is dealt with in a normal or accelerated procedure.
The conditions for the granting of a residence permit shall be assessed individually for each applicant, taking into account his explanations of his circumstances in the State concerned, as well as updated information on state conditions acquired from various sources. (12.06.2009)
Upon receipt of the available report, the authority shall decide, in the interest of the applicant, on the basis of his report, if the applicant is in so far as it is possible to contribute to the inquiry and if the authority is satisfied with the application With regard to the need for international protection.
If the application is rejected, it shall be decided at the same time for the conversion or expulsion of the person concerned, unless there are specific reasons why the decision to withdraw should not be taken.
When an application is made in the asylum procedure, an application may be considered as a safe country of asylum for the applicant:
1), without a geographical reservation, acceded to the Convention on the Status of Refugees, the International Covenant on Civil and Political Rights (SopS 8/1976) and the Convention on Torture and Other Cruel, Inhuman Or to the Convention against Degrading Treatment or Punishment (Sops60/1989); and
(2) where the applicant has received and continues to receive adequate protection within the meaning of Articles 87 or 88.
An application for a safe third country may be considered as a safe third country for the purposes of determining the State:
1), without a geographical reservation, acceded to the Convention on the Status of Refugees, the International Covenant on Civil and Political Rights (SopS 8/1976) and the Convention on Torture and Other Cruel, Inhuman Or to the Convention against Degrading Treatment or Punishment (Sops60/1989); and
(2) where the applicant could have obtained adequate protection within the meaning of Article 87 or 88.
A document in the language of the country to be returned to a safe third country shall be issued in the language of that country from which it appears that his application has not been investigated materially in Finland.
An application for a safe country of origin may be considered as a safe country of origin when the asylum procedure is resolved by a State where he or she does not have the risk of persecution or serious human rights violations.
The assessment of a safe country of origin shall take particular account of:
(1) whether a stable and democratic system of society is functioning;
(2) whether there is an independent and impartial judiciary in the country and whether the level of justice is equivalent to a fair trial; and
(3) whether the State has acceded to the relevant international human rights conventions and whether the State complies with them and whether there have been serious violations of human rights in the country.
The application may be considered manifestly unfounded if:
(1) is not set out in Article 87 (1) or Article 88 (1), or other grounds relating to the prohibition of return, or the arguments put forward are manifestly unconvincing;
(2) the applicant's obvious intention is to abuse the asylum procedure:
(a) by deliberately providing false, misleading or incomplete information on the essential aspects of the application;
(b) by presenting false documents without an acceptable cause; or
(c) making an application only in order to delay or to prevent the implementation of a decision which has already been or is expected to be expected to be removed from the country; or
(3) the applicant has arrived from a safe country of origin where he can be returned.
Re-application means an application for international protection by a foreigner after obtaining a final decision on an application from the Office of Immigration or the Administrative Court, when he/she is still present. In the country or after a decision has been granted for a short period of time. However, a confirmatory application shall not be subject to an application made after the entry into force of Article 95c of the decision of the Immigration Service.
If a new application is submitted when the case is still pending, the information submitted by the applicant shall be taken into account for the purposes of the new investigation in the case pending.
An application for international protection may be declared inadmissible if the applicant:
(1) have arrived from a safe third country, as defined in Article 99, or a safe third country, as defined in Article 99a, to which he may be returned;
2) may be sent to another country which, according to the Council Regulation determining the responsible State, is responsible for examining an asylum application;
(3) has received international protection in another Member State of the European Union to which he may be sent; or
4) has submitted a request for a renewal, as referred to in Article 102, which does not contain any new grounds for finding a solution to the case.
An application for international protection may be decided under an expedited procedure where an application is considered manifestly unfounded pursuant to Article 101.
An application for an unaccompanied minor may be decided under an expedited procedure only on the basis of Article 101 (3).
If the aid referred to in Article 96a cannot be provided under an accelerated procedure, the accelerated procedure shall not apply.
When an expedited procedure is used, the Office shall decide on the application within five months of its submission.
An immigration office shall immediately inform the Ministry of the Interior of an application for asylum by a Union citizen if it does not consider the State concerned to be a safe country of origin and does not resolve the application by applying Article 101 (3) and Section 104. The Ministry of the Interior shall inform the Council.
The Immigration Office, the police and the Border Protection Service shall be entitled, without prejudice to the provisions of confidentiality, to obtain from the reception centre the date of birth, family members and whereabouts of the unaccompanied asylum seeker Information which is necessary for the examination of the identity of the minor, the route of itinerary, the conditions for the issue of entry or residence, or the entry into force of the Immigration Office in accordance with Article 1010b. The guardian of the unaccompanied minor Parents or any other person responsible for his actual maintenance. In particular, the authorities shall pay particular attention to the interest of the child.
The unaccompanied minor shall be informed that the information referred to in paragraph 1 may, regardless of his or her agreement, be given to the Immigration Agency, the police and the border guards. Information should take into account the age and level of development of the child.
Before giving the information referred to in paragraph 1 to the Immigration Office, the police or the border guards, the reception centre shall be informed on the basis of Article 39 of the law on the application for international protection to a minor To the designated representative.
The Immigration Office shall without delay take the advantage of an applicant for international protection in the interests of the unaccompanied minor to trace the person responsible for his or her parents' actual maintenance. Where necessary, traction shall continue after international protection has been granted.
The Immigration Office shall, without delay, also carry out a copy of the reception of applicants for international protection, as well as the law on the identification and assistance of the victim of trafficking in human beings, without the attendant trafficking in human beings The parents of the child victim or any other person responsible for his actual maintenance.
Data relating to a person responsible for the actual maintenance of a parent or other minor shall be collected, processed and transmitted in secret, in accordance with the law of the authorities (18/09/1999) Provides.
Refugee status shall:
1) foreign nationals who have been granted asylum in Finland;
(2) foreign nationals who have received a residence permit on the basis of refugee status in the refugee quota in Finland;
(3) On the basis of a family name, a residence permit for a foreign refugee referred to in paragraphs 1 or 2 may be considered as a family member.
Subsidiary protection status may:
(1) a foreigner, on the basis of subsidiary protection of the residence permit;
2. On the basis of a family name, a family member referred to in paragraph 1, who is considered to be in need of subsidiary protection, has been granted a residence permit.
The refugee status of a person shall be abolished if:
1) voluntarily re-relying on the protection of its Member State of nationality;
(2) Having lost its nationality, it is free of its own free will;
(3) acquire the nationality of another State and may rely on the protection of the new State of nationality;
(4) voluntarily settles in a country from which he fled and left out of fear of persecution; or
5) is no longer in need of protection because the circumstances under which he became a refugee have ceased to exist.
The subsidiary protection status of a person shall be abolished if the circumstances leading to the granting of subsidiary protection status have ceased to exist or changed to such an extent that protection is no longer required.
The change in the circumstances referred to in paragraph 1 (5) and in paragraph 2 shall be significant and permanent. Paragraph (1) (5) and (2) shall, however, not apply to a person who, on the basis of compelling reasons arising from persecution or serious harm, who may, in the past, refuse to avail himself of the nationality of the Member State or of the former Protection of his country of residence.
An individual investigation should be carried out when considering the status of refugee status and subsidiary protection status.
Refugee status or subsidiary protection status is withdrawn if:
(1) the applicant, when applying for international protection, knowingly provided false information that has affected the outcome of the decision;
(2) the applicant, when applying for international protection, concealed an element which would have affected the outcome of the decision; or
(3) asylum should have been lodged pursuant to Article 87 (2) to (4) without granting or issuing a residence permit under Article 88 (2).
The withdrawal of refugee status and subsidiary protection status should be considered individually.
Temporary protection may be granted to a foreigner in need of international protection whose safe return to his country of origin or to a country of permanent residence is not possible due to the mass influx of persons from the country or the neighbouring region; In the event of armed conflict or any other violent or environmental disaster. The provision of temporary protection requires that the need for protection can be assessed as short term. The duration of the temporary protection shall not exceed three years.
The General Council shall decide on a population group to which temporary protection may be granted and for the period during which residence permits may be granted on the basis of temporary protection.
A foreigner in need of temporary protection shall be granted a temporary residence permit for a maximum period of one year.
The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed.
The residence permit on the basis of temporary protection shall not be granted if a foreigner is considered to be a danger to public order or security, or if there are reasonable grounds for suspecting that he is guilty of The act.
The examination of an application for asylum by a foreign country is suspended for the period of validity of the residence permit issued to him under temporary protection. The application for asylum may, however, be dealt with during the period of temporary protection where there are reasonable grounds for this. An application for asylum shall be admissible if, in the event of temporary protection, a procedure is initiated to remove the applicant from the country.
At the end of the temporary protection, the examination of an application for asylum shall lapse if the applicant does not, in writing, inform the Immigration Office in writing that he wishes to examine the application. The Finnish Immigration Service shall forward the enquiry to the applicant, either by post or in the form of a subpoena. (9.11.2007)
The application for asylum shall lapse if, in the event of a residence permit issued under temporary protection, or at the end of the period of validity of a residence permit, a foreigner withdraws his/her application or moves away from the country.
The temporary residence permit shall be issued to a foreigner:
(1) which receives temporary protection under Article 109;
2) to be taken on the basis of a decision of the Council of State under Article 93; or
3) whose residence permit is based on Article 89.
When a foreign person has been granted a temporary residence permit within the meaning of paragraph 1 (1), a residence permit shall be issued for the same period of time.
The continuous residence permit will be issued to a foreigner who is granted asylum or residence permits as a quota refugee, on the basis of subsidiary protection or on grounds of humanitarian protection. A continuous residence permit may be issued to a foreigner who is taken on the basis of a decision taken by the Council of State under Article 93. (6.2.2010)
A non-resident who has been granted a residence permit pursuant to Article 112 shall be granted a continuous residence permit after three years of residence if the grounds for granting the authorisation remain valid.
When a foreign person has been granted a continuous residence permit as referred to in paragraphs 1 or 2 or resides in Finland with a permanent residence permit, a permanent residence permit shall be issued to his family members.
A continuous residence permit shall be issued to the rest of the foreign family referred to in paragraph 1 if the refusal to issue a residence permit would be disproportionate in order to allow the persons concerned to continue their previous immovable family life in Finland or Is totally dependent on the person living in Finland.
The residence permit shall be issued to a member of the family of a foreign national who received a residence permit on the basis of a refugee, subsidiary protection or humanitarian protection, or a member of a foreign family who has been granted temporary protection:
(1) is resident in Finland or has been granted a residence permit for the purpose of moving to Finland; and
(2) the applicant is not considered to compromise public policy, security or public health.
(8 MAY 2009/323)If the facts referred to in paragraph 1 (2) arise, a total consideration shall be taken, taking into account the possibility for the applicant to have a family life with the applicant in a third country. Consideration should be given to the importance of family ties to interested parties.
If the applicant has received a residence permit on the basis of subsidiary protection and the grounds for authorisation are armed, or if he/she has obtained a residence permit on the basis of humanitarian protection or temporary protection, overall consideration Account shall be taken of the fact that there is no absolute obstacle to the return of the applicant to the home country. (8 MAY 2009/323)
The granting of a residence permit within the meaning of this article does not require that a foreigner's income is guaranteed if the family has been formed before the arrival of the family. (11.06.2010/549)
The residence permit is granted on the basis of a refugee, subsidiary protection or humanitarian protection, or of a foreign person who has been granted a residence permit or has been granted temporary protection, if the refusal to issue a residence permit would be disproportionate to: The intention of the interested parties in Finland to carry on their previous fixed family life, or that the family is wholly dependent on a family member who is resident in Finland. Where an applicant is deemed to undermine public order, security, public health or the international relations of Finland, consideration shall be given to the overall consideration in the manner set out in Article 114 (2). (8 MAY 2009/323)
The granting of a residence permit does not require the subsistence of a foreigner to be guaranteed.
The Immigration Service:
(1) grant asylum and issue the first residence permit on the basis of subsidiary protection and humanitarian protection in the asylum procedure;
(2) issue the first residence permit pursuant to Article 89;
(3) issue a first residence permit on the basis of refugee status or subsidiary protection under the refugee quota for foreign nationals to be admitted to Finland;
(4) issue under Article 93 of the first residence permit on the basis of other humanitarian migration;
(5) issue the first residence permit on the basis of temporary protection;
(6) deciding on the suspension and withdrawal of refugee status and subsidiary protection status;
(7) at the request of another Contracting State, decide on the reception or readmission of an applicant for asylum in accordance with the Council Regulation determining the State responsible for the determination of the responsible State and calls for a decision equivalent to that of another Contracting State; Of receipt or readmission;
(8) issue a foreign document to a return to a safe country of asylum stating that his application has not been investigated materially in Finland.
(8 MAY 2009/323)The Office shall decide on the matter referred to in paragraph 1 (3) upon receipt of the opinion of the protection officer.
The police department grants a new temporary and permanent residence permit to foreigners on the basis of international protection. (22/2011/886)
On the basis of temporary protection, the police department shall grant a new temporary residence permit up to the maximum period until the period of expiry of the State Council's temporary protection period. (22/2011/886)
If the police do not consider that they can grant a residence permit on the basis of paragraphs 1 or 2, it shall refer the matter to the Office for Immigration. (9.11.2007)
The department responsible for determining the State responsible for determining the State responsible for determining the State responsible for the application of the Council Regulation shall be authorised by the police. (22/2011/886)
A security measure referred to in Articles 118 to 122 may be applied to a foreign country where it is necessary:
(1) in order to ascertain the conditions of entry or residence in the country; or
2) to prepare or implement a decision on his removal, or to control the removal of the country.
The security measure shall be determined by the authority which prepares the matter referred to in paragraph 1, or the executing authority. The reason for the security measure shall be indicated to the foreign person to which the security measure is applied.
Save as otherwise provided below, the security measure shall remain in force until the conditions of entry or residence have been established until the decision on removal has been implemented or until the case has otherwise been closed. However, the security measure must immediately be terminated when it is no longer necessary to safeguard decision-making or implementation.
A foreigner may be required to report at the office of the police or the border inspection authority or at the reception centre periodically.
In the event of non-compliance with the obligation to register, the reception centre shall immediately inform the authority of the destination of the obligation to make a declaration of non-compliance.
The provisions relating to criminal law relating to criminal law shall apply to the staff of the detention centre who is responsible for the enforcement of the obligation to register. Liability for damages is governed by the law on damages (1999) .
A foreigner may be ordered to surrender his travel document and ticket to the police or border inspection authority, or to inform the police or the border inspection authority of the place he is available for.
The foreign nationals may be obliged to lodge a security for the State in their stay and return costs.
The security shall be released or returned when the security is no longer necessary for the purpose of determining the conditions of entry or residence of a foreign country or for the preparation or implementation of a decision on the removal of the country. Otherwise, the security shall be used to cover foreign residence or return costs. The portion of the security which is not used for these costs shall be immediately returned.
If the security measures referred to in Articles 118 to 120 are not sufficient, the foreigner may be detained on the basis of an individual assessment if:
(1) Whereas, in view of the personal or other circumstances of a foreigner, it is reasonable to assume that a foreigner would hide, escape or otherwise complicate substantially the decision-making or removal of The implementation of the decision;
(2) detention is necessary in order to establish the identity of the foreigner;
(3) the foreigner has committed or is suspected of having committed a criminal offence and the detention is necessary to ensure the preparation or implementation of the removal order;
(4) the foreigner has lodged a new application for international protection in detention, mainly in order to delay or interfere with the implementation of the removal order;
(5) detention is based on Article 28 of the Council Regulation determining the State responsible; or
(6) In view of the personal and other circumstances of the foreigner, it is reasonable to assume that he constitutes a threat to national security.
The conditions for the detention of a child are laid down in Article 122.
The risk of escape may be the case if the protective measure referred to in Articles 118 to 120 has been used, but it has proved to be insufficient, or if a foreigner has changed his place of residence without informing the authority. In assessing the risk of absconding, the overall situation of the person shall be taken into account.
A prerequisite for the custody of the child is that:
(1) The condition for detention, as provided for in Article 121 (1), and on the basis of an individual assessment, indicates that the security measures referred to in Articles 118 to 120 are inadequate and detention as a means of last resort;
(2) in accordance with Article 6 (2), the child was consulted before the decision was taken; and
(3) the provisions of the Law on the eligibility of social security staff laid down by the Social Welfare Institution (272/2005) Shall be given the opportunity to be heard, in accordance with the procedure laid down in Article 3 (1) of the Directive.
In the case of a child detained with custody, it is also required that the detention is necessary to maintain the family relationship between the child and his/her custody.
An unaccompanied child under 15 years of age shall not be detained. A child who has completed 15 years of unaccompanied international protection shall not be detained until the removal decision on him has become enforceable.
The detention of unaccompanied children shall be released no later than 72 hours after the detention. For specific reasons, storage may be extended for up to 72 hours.
The detention shall be taken by a police officer, a police officer of the police department, a police officer of the police or a police officer, and an official or at least a border guard worthy of the arrest of the lieutenant.
The depositary or his legal representative shall be immediately informed in writing in a language he or she understands or may reasonably be expected to understand, the grounds for detention and the And access to legal aid.
The foreigner shall be located as soon as possible in accordance with the law on the treatment of foreign nationals and the detention unit (2002) The detention facility.
An official within the meaning of Article 123 (1) may, exceptionally, decide on the detention of foreign nationals detained in detention if:
(1) the detention facilities are temporarily full; or
(2) the expatriate is taken into custody far from the nearest detention centre, where the detention in the police detention facilities does not exceed four days.
In the circumstances referred to in paragraph 2 (2), the foreigner may, exceptionally, be placed in the custody of the border guards at the time of detention, but not more than 48 hours.
If a foreigner is a child, he shall not be placed in the custody of the police or the border guard, but shall always be placed in the detention unit.
The applicant for international protection shall, as a general rule, be placed in detention.
Under Article 1 (3) of the Law on the treatment of foreign nationals and the detention centre, the law on the foreign law applicable to the detention of the police or the border guard is laid down in Article 1 (3) of the Law on the treatment of aliens. The right of the High Commissioner to visit the police or border guards detention centre and to discuss with foreign nationals held in custody shall be subject to the treatment of foreign nationals who are detained, and Article 6a (2) of the Detention Unit is provided for.
In the event of detention, the official who decided on the exceptional placement as referred to in Article 123a (2) shall, without delay, and no later than the following day, inform the district court of the place of detention, or In the case of urgency, to the other district court, as laid down in more detail by a decree of the Ministry of Justice. The notification may be made by telephone or by electronic means. The notification made by telephone shall immediately be submitted in writing to the district court.
The district court shall take the matter referred to in Article 123a (2) and (2) (1) without delay and no later than four days after the detention period. In the case referred to in paragraph 2 of that paragraph and in the case of the detention of unaccompanied children, the matter shall be referred to the Court without delay and no later than 24 hours after the notification.
In the case of detention, the District Court shall have a quorum when it is the sole chairman. The session of the district court may also be held in any other time and place other than that of the hearing of the district court.
When calculating the time limits referred to in this Article, the provisions of the Law on the calculation of the prescribed time-limits shall not apply. (150/1930) § 5 Provides.
In the event of an exceptional placement pursuant to Article 123a (2) and (3), he or she shall be present at the hearing in the district court.
In the case of a case, the district court shall be informed of the conditions of the detention and of the exceptional location of the foreigner detained. The detained person shall be present at the session of the District Court and shall be consulted on the conditions of detention and exceptional location.
However, if the district court considers appropriate, detention and exceptional placement proceedings may take place without the presence in the Chamber of a foreign official or official referred to in paragraph 1. Videoconferencing or other appropriate technical means of communication, where there is a speech and visual contact between the participants. If the district court considers it necessary, the foreigner shall be brought to the District Court.
The proceedings may be postponed only for specific reasons. Storage will continue until the next hearing, unless the district court decides otherwise.
When the district court deals with the issue of the detention of the child, the office-holder referred to in Article 122 (1) (3) shall issue a written statement to the District Court. The opinion shall be available at the latest when the District Court takes the case in accordance with Article 124 (2).
The district court shall impose on a foreigner the right to be released immediately if the conditions for detention do not exist. The decision shall indicate the grounds for the detention or transfer. The decision shall be declared at the end of the proceedings.
In order to retain custody of the district court in custody, he or she shall be ordered to be sent to the depositary referred to in Article 123 (2) or (3). If the conditions for the holding of a foreigner at the place of detention no longer exist, the district court shall order the foreigner to return to the holding of foreign nationals.
Where a decision to hold or transfer is taken in custody other than the district court of the locality, the district court shall immediately notify its decision to the district court of the place of conservation.
The relevant authority shall be placed in detention as soon as possible, when the conditions for detention no longer exist. The detention shall be released no later than six months after the detention order. However, the detention period may be longer than that, but not more than 12 months if the detention does not cooperate in the implementation of the return or the necessary return documents and the removal of removal from the third State Are delayed for these reasons. (4 MARCH 2012)
If the district court has decided to retain custody in detention, the authority shall immediately inform the district court of the place of detention of the detention. The notification may be made by telephone or by electronic means. The notification made by telephone shall immediately be submitted in writing to the district court.
If a foreigner has not been detained, the district court of the place of detention shall, on its own initiative, take into custody on its own initiative and the exceptional placement within the meaning of Article 123a (2) and (3) Shall be reviewed at the latest at the latest two weeks after the decision to which the District Court has ordered to remain in custody at the site concerned.
Where the District Court considers appropriate, reconsideration of the case of accommodation and exceptional placement may take place under videoconferencing or other technical means of communication referred to in Article 125 (3). However, if the district court considers it necessary, the foreigner shall be brought to the District Court.
The district court shall provide the social worker with an opportunity to give its opinion when the district court takes a decision on the detention of the child detained with his/her custody on his own initiative. The district court shall release the child, unless there are specific reasons for continued detention.
The decision of the Authority and the District Court shall not be appealed against.
May be allowed to complain about the decision of the District Court. There is no time limit for complaint. The complaint must be treated as a matter of urgency.
External supervision is the enforcement of this law and of the provisions adopted pursuant to it and the fight against illegal residence. Border controls are laid down in the Schengen Borders Code.
The foreign control measure shall be justified in relation to the objective pursued and the urgency of the mission as well as other factors affecting the overall assessment of the situation. The control shall be carried out in accordance with the rights of the subject of the control as provided for in Article 5.
External supervision must be based on the Authority's general information and experience of illegal entry and residence. The control measures must be based on findings or lead or analysis work. The control measure shall not be based solely or to a decisive extent on the actual or presumed ethnic origin of a person.
The police and the Border Guard shall have access to foreign surveillance if justified in order to establish the identity of the foreigner, nationality, nationality or employment law, the right:
(1) to obtain the information from the subject of control and to check the documents necessary for his/her identity and nationality and for the right to reside and work;
2) Article 3 of Chapter 24 of the Penal Code For the purpose of carrying out the inspection referred to in paragraph 1, in order to protect public peace, to the state or to any other place, space or means of transport which does not have a general access and is not a permanent residence;
(3) order the vehicle to be stopped for the purpose of carrying out the inspection referred to in paragraph 1 in the vehicle;
(4) to obtain information from the employer who took on foreign nationals and information on the grounds of their employment and the basis of their employment rights, as well as the information provided by the contractor within the meaning of Article 8b (b), on the basis of which the In accordance with Article 86a (1) and (2).
During the inspection, the examiner shall, where possible, inform the party concerned of the objectives of the inspection, the objectives of the inspection, the performance of the inspection and the follow-up measures. The inspection shall be carried out without causing undue damage to the subject of the control or to the holder of the inspected holding.
The opening of an inspection pursuant to paragraph 1 (2) shall be notified to the holder of the holding or his representative as soon as possible without jeopardising the operation. An inspection may be carried out even if the holder of the holding or his/her representative is not present or is not being pursued. The audit follows the provisions of Article 39 of the Administrative Code.
The foreign official shall, on the request of the police or other foreign authority, present his/her travel document or other reliable means of verifying his identity.
An expatriate shall be invited to the police or border inspection authority or to the Immigration Service to provide the necessary information on their stay. (9.11.2007)
A foreign citizen who is not a citizen of the Union or assimilated shall report to the Authority within three days of the date of entry. More detailed provisions may be laid down by a regulation of the Ministry of the Interior.
The police or the border inspection authority shall be issued with a view to verification of identity, entry and exit, residence and employment issues, decision-making and supervision, and the protection of state security To take fingerprints, photographs and other personal details of the foreigner:
(1) has applied for asylum or residence permits on the basis of subsidiary protection or humanitarian protection or temporary protection;
(2) has applied for a residence permit on the basis of a family name;
(3) which has received a residence permit as a foreigner in the refugee quota in Finland;
(4) which has been decided to convert or expel; or
5) whose identity is unclear.
(10/06/2015)The identification marks referred to in paragraph 1 shall be entered in a register kept by the police. The information shall be kept separate from the identity checks of persons suspected of committing the offence and the foreign register (1270/1997) The application for a residence permit to be deposited, the application for a residence card or the fingerprints taken on behalf of the family member of the Union citizen. The information shall be deleted in accordance with Article 9 of the Act on Foreign Aspects. (10/06/2015)
The fingerprint data referred to in paragraph 1 shall be comparable to that of the law on the processing of personal data (761/2003) Article 3 And the register of applications for the register of aliens within the meaning of Article 3 of the Aliens Register referred to in Article 3 of the Aliens' Register, and Fingerprint data stored in the purchase register of alien passports and refugee travel documents. In addition, dactyloscopic data to be deposited on the basis of the entry conditions are comparable to that of the police information system referred to in Article 2 (3) (9) of the law on the processing of personal data. Fingerprints, in so far as the fingerprint data already registered are related to a criminal offence for which the maximum sentence of imprisonment is at least one year. (10/06/2015)
The personal data referred to in paragraph 1 may, notwithstanding the provisions of confidentiality, be disclosed to a foreign authority for the purpose of identifying a foreigner in accordance with (523/1999) Taking into account the provisions.
The police, the border inspection authority, the Finnish Immigration Service or the Finnish delegation may take the wrong or counterfeit travel document submitted by a foreigner or a foreign person who is intended for the provision of false identity The travel document. (9.11.2007)
The police or border inspection authority may carry out a personal inspection to take over the document held by a foreigner.
A false or forged travel document seized by the police or the border inspection authority shall be forwarded to the forensic laboratory of the Central Criminal Police. The travel document intended for the provision of the wrong person information may be submitted to the representative of the State concerned. In the event of conversion, the travel document may also be submitted to the authority of the host State.
The travel document which was intended for use in the Finnish delegation or intended for the provision of personal data may be submitted to the issuing authority.
The travel document deposited with the authority of a foreign country shall not be jeopardised by the security of the applicant or of his or her family.
The decision to take the travel document to the authority shall not be subject to an appeal.
By way of exception, if the number of arrivals is so large that it is not possible to determine the conditions of entry and registration of the entry of immigrants in the ordinary procedure, the General Council may decide, in a general session, that the The conditions of entry are unclear, or the identity of which is unclear, may be submitted for registration to the organisational centre referred to in Article 3 of the Law on the reception of the application for international protection.
The decision of the Council of State shall be made for a fixed period, but not more than three months.
For the purposes of registration, the police or border inspection authority, or under their supervision, for the purposes of the post of the Ministry of the Interior, shall, in connection with the registration, take the description of persons referred to in Article 131 (1). At the time of registration, the importer shall be required to stay in the organising centre, unless otherwise required by his health or other important personal reasons.
Registration shall be carried out without delay.
What the passport law (2006) Provides for the security features of the passport, the taking of fingerprints, the technical part of the passport, the verification of the technical part of the data, the technical part of the data security and the reading of the fingerprints deposited in the technical part, shall also apply in this Chapter; Of the travel documents. The fingerprints deposited on the technical part of an alien passport and a refugee travel document may be read in addition to what is provided for in the passport law, including the Immigration Service, in order to establish the authenticity and identity of the document when: Required by law to carry out the tasks assigned to it.
An alien passport may be issued to a foreign resident in Finland if he is unable to obtain a passport from the authority of his country of origin, or if he is stateless or if there is another specific reason for issuing an alien passport.
An alien passport is issued to a foreign person who has obtained a residence permit on the basis of subsidiary protection. (8 MAY 2009/323)
A foreigner who has obtained a residence permit on the basis of temporary protection shall receive an alien passport if he does not have a valid travel document.
A foreigner with a residence permit in Finland shall be issued with an alien passport to replace the travel document of a missing or spoiled alien passport or refugee.
An alien passport may be issued for a period not exceeding five years. However, a foreign alien passport issued abroad may be issued for a maximum period of one month. (21.7.2006/673)
The refugee travel document shall be issued to a foreigner who has obtained refugee status within the meaning of Article 106 and whose refugee status has not been suspended or withdrawn.
The refugee travel document may be issued for a period not exceeding five years. (21.7.2006/673)
A person's surname, forenames, gender, identification number, nationality, date of birth, date of issue and expiry date, passport authority and passport number shall be entered. Nationality data can be left unlabelled if the foreigner does not want the nationality of the citizen to be labelled and justified on grounds of safety. The passport also includes a photograph and signature of the passport holder.
The refugee travel document shall include a person's surname, forenames, sex, identification number, place of birth, date of issue and expiry date, issuing authority and passport number. The passport also includes a photograph and signature of the passport holder.
Articles 3 to 4 have been repealed by L 26.6.2009/458 .
If the identity of the foreigner has not been ensured, it shall be entered in an alien passport or a refugee travel document.
The foreigner shall release the travel document in his possession to the Immigration Agency before the alien passport or refugee travel document is handed over to him.
An alien passport or refugee travel document shall be withdrawn if:
(1) the holder of the document has received another travel document or has proved that he has another travel document;
(2) the holder has obtained Finnish citizenship;
(3) the residence permit holder of the document has been withdrawn or expired; or
(4) The document is missing.
An alien passport or refugee travel document may be withdrawn if:
(1) the document has been corrupted or amended;
(2) since the document was issued, points have been raised which would probably have led to its refusal to grant the document;
(3) the document shall be used other than the one to which it was issued, or it is not held by the person to whom it was granted; or
(4) In particular, the Population Register Centre has withdrawn the certificate of authenticity and integrity of the data deposited in the technical part of the document or a certificate relating to the reading of fingerprints.
(26.6.2009/458)The travel document of the refugee shall also be withdrawn if the holder of the document is no longer a refugee or responsibility for the refugee has been transferred to another State.
The Immigration Service shall decide on the issue of an alien passport and a refugee travel document to a foreigner in Finland and their cancellation. (9.11.2007)
The Office of Finland shall decide, after consulting the Office, to grant an alien passport to a foreign country abroad. (9.11.2007)
A new Visitor passport and a refugee travel document shall be decided by the police when the applicant has a valid foreign passport or refugee travel document. (22/2011/886)
An alien passport or a refugee travel document shall be taken over by the authority when a decision has been taken to withdraw the document.
The document may be taken over to the authority of the Authority before the decision of withdrawal has been taken, if it has been corrupted or amended, or if it is used other than the person to whom the document is issued, or is not in its possession, For which it was granted.
The decision to take over the document shall not be subject to appeal.
The travel document of an alien passport or refugee may be taken over by the police, the border inspection authority, the Finnish Immigration Service or the Finnish delegation. (9.11.2007)
An identity check may be carried out to take over the document.
The alien passport and travel document deposited with the authority shall be transmitted immediately to the Immigration Service. (9.11.2007)
The Ministry of the Interior confirms the form for the application and issuing of an alien passport and a refugee travel document and decides on the model of the travel document and the refugee travel document and other aspects of their preparation.
Refusal of access The purpose of this law is to prevent the entry of a third-country national in the external borders as provided for in Article 13 of the Schengen Borders Code.
By means of conversion Referred to in this Act:
(1) the prevention of the entry of a Union citizen and his or her family member at the external border if the family member is subject to the right of free movement of the Union;
(2) to prevent the entry of a third-country national at the external border when he is entering the country with the residence permit for more than three months and enters the country for the first time during the period of validity of the authorisation;
(3) preventing the entry of a third-country national at the external border when he is entering the country with a residence permit or a national visa issued by another Member State of the European Union which entitles him to stay in the Schengen area for more than three months; and He is not subject to an entry ban imposed by Finland; or
(4) without a residence permit, removal from a foreign country if he or she has not been granted a residence permit or a residence card, or if his right of residence has not been registered here after arrival; In accordance with the law.
Expulsion from Earth For the purposes of this law, the removal of a foreign country in the case of:
1) resident in the country with a temporary or permanent residence permit issued by the Finnish authority;
(2) the foreigner resides in the country and his stay is registered in that manner; or
(3) the foreigner is still resident in the country after his residence permit, registered residence or residence card is no longer valid.
On the entry ban For the purposes of this Act, the prohibition or prohibition of entry into one or more of the Schengen States is defined in this Act.
An opportunity to be heard of the refusal of access to the foreign spouse or to his or her spouse shall be reserved for his or her spouse , In the case of refusal, expulsion or imposition of an entry ban.
Refusal of access , The reasons for the decision and the circumstances and circumstances in its entirety shall be taken into account when considering whether to convert and to expel and to impose a ban on entry. In particular, consideration should be given to the protection of the child's interests and family life. Other aspects to be taken into consideration are at least the length and purpose of the stay in the foreign country and the nature of the residence permit issued to foreigners, his ties to Finland and his family, cultural and social His ties to the homeland. If refusal of access, refusal of entry or expulsion or the related prohibition of entry would be based on the activities of a foreign criminal, account must be taken of the seriousness of the act and the harm caused to public or private security, Accident or danger. (30/04/2013)
Moreover, when considering the imposition and the length of the entry ban, consideration must be given to whether or not a foreigner has such family or working ties with Finland or any other Schengen State, which would be unduly hampered by an entry ban. In considering the imposition of a ban on entry to a foreigner whose application for international protection is inadmissible or rejected, attention may also be paid to the grounds on which the application was inadmissible or rejected And whether or not a foreigner has endeavor to make an essential contribution to the examination of an asylum application.
Restoration For the purposes of this Act, the expulsion procedure, during which the third-country national who received the decision to refuse entry, conversion or expulsion, either leaves the country voluntarily or is removed from the country:
1) in the country of origin;
(2) a transit country in accordance with a readmission agreement or other arrangements between the Union or Finland and the third State; or
3) to the other third country to which the third-country national concerned decides voluntarily to return and to which he is accepted.
No one shall be turned, expelled or refused entry to the area where he may be subjected to the death penalty, torture, persecution or other human dignity, or to the territory from which he could be dispatched Such a region.
The decision on conversion or expulsion provides for a period of at least seven days and not more than 30 days, within which a third-country national may leave the country voluntarily. The period of voluntary return shall be calculated when the decision is enforceable. The time may be extended for a specific reason. No time shall be imposed if the third-country national is refused access or is immediately refused entry in the context of border crossing, or in the case of expulsion or expulsion of a third country as a result of criminal penalties.
Furthermore, the period of voluntary return does not include a person who is considered to be a danger to public order or security, an application for a residence permit has been rejected as a result of circumvention of the rules of entry, or The question is the non-examination of an application for international protection referred to in Article 103 or the use of the accelerated procedure referred to in Article 104. The risk of escape is assessed in accordance with Article 121a.
This paragraph shall not apply in the case of a decision to convert or expel a decision on the basis of Chapter 10.
During the period of removal from the country of flight, account shall be taken of the organisation of joint flights to remove third-country nationals from the territory of two or more Member States who have received a personal removal order The common guidelines set out in the Annex to Council Decision 2004 /573/EC concerning safety provisions applicable to the removal of a common land by air.
A foreigner may be turned if:
(1) he does not fulfil the conditions of entry laid down in Article 11 (1); (30/04/2013)
(2) refuses to provide the information necessary for his identity or travel, or to provide false information intentionally;
(3) he, when applying for a visa or residence permit, intentionally provided false information relating to his identity or travel, visa or residence permit;
(4) during his short stay in Finland, he has made himself unable to take care of himself;
(5) for justified reasons, he may be suspected of generating revenue through unfair means;
(6) for justified reasons, he may be suspected of selling sexual services;
(7) he/she has not crossed the border at the border crossing or at the border crossing point during which the border crossing point has been closed;
(8) may, on the grounds of a sentence of imprisonment or otherwise, be suspected of committing a criminal offence punishable by imprisonment in Finland, or suspected of repeated offences;
(9) he has been convicted of a criminal offence during his stay in Finland;
(10) may, on the grounds of his or her previous activity or otherwise, be suspected of engaging in national security or relations with a foreign State in Finland; or
11) has been the removal order referred to in Articles 1 to 3 of Council Directive 2001 /40/EC on the mutual recognition of decisions on the expulsion of third-country nationals.
Convert may also be obtained without a residence permit from a foreigner whose presence in Finland is subject to a visa or residence permit, but which has not been applied for or granted.
A foreigner may be expelled from the country:
(1) staying in Finland without the required residence permit;
(2) has been found guilty of a criminal offence punishable by a maximum penalty of at least one year, or has been found guilty of repeated offences;
(3) has shown that it is a danger to other safety; or
(4) which has, on the basis of its previous activity or otherwise justified, is suspected of taking action in Finland at risk of national security.
On the basis of the provisions laid down in paragraph 1 (2), a foreigner who has not been convicted of a criminal offence shall also be expelled from the country Article 4 of Chapter 3 of the Penal Code Basis.
The refugee shall be expelled in the case referred to in paragraphs 2 to 4. Refugees must not be deported to their country of origin or to the country of permanent residence in which they continue to be in need of international protection. A refugee must be deported only to a country that is willing to accept him.
A foreigner who has been granted a long-term resident's EU residence permit in Finland may be expelled only if he constitutes an immediate and sufficiently serious threat to public order or public security. In the event of a refugee status or subsidiary protection status, in accordance with the confirmation requested from the Member State concerned of a long-term resident's EU residence permit, he shall be expelled from: The Member State concerned. However, refugees may also be expelled to the other State as provided for in paragraph 3.
Where another Member State of the European Union decides to expel a person who has a long-term resident's EU residence permit in that State, and asks Finland for confirmation of refugee status or subsidiary protection status, The request shall be answered no later than one month after receipt of the request.
When another Member State of the European Union decides to expel a person who has a long-term resident's EU residence permit in that State and has a refugee status or a subsidiary protection status in Finland, he and his The members of their families must be taken immediately and without formalities.
A third-country national who is in the country illegally or whose application for a residence permit has been refused and who holds a valid residence permit or other residence permit issued by another Member State of the European Union shall be required to: Immediately to the territory of the other Member State. If a third-country national does not comply with this requirement or if his immediate exit is necessary for reasons of public policy or public security, it shall be decided on his removal.
In the decision refusing entry, refusal of entry or expulsion from a foreign country, an entry ban may be imposed. The prohibition of entry shall be imposed if there is no time for voluntary return pursuant to Article 147a (2) or if a foreigner has not left the country voluntarily within the prescribed period, subject to Article 146. The prohibition of entry shall not be imposed on an authorised person who has not been granted a new residence permit or has been withdrawn, on the basis of Article 52a, unless he has complied with the obligation to return or is a threat to public order, or Security. A ban on entry may be imposed in a separate decision where a foreigner has not left the country voluntarily.
The ban on entry shall be limited to a period of up to five years or so far. For the time being, a ban on entry to a foreigner convicted of a serious or professional criminal offence may be imposed where he poses a serious threat to public policy or public security.
A ban on entry is imposed on nationals if a foreigner has a residence permit in another Schengen State which is not withdrawn.
The entry ban may be withdrawn due to changed circumstances or due to an important personal reason. The withdrawal of an entry ban shall also be considered when a foreigner who has been subject to an entry ban on another basis than that the time for voluntary return has not been granted or that the obligation to return has not been complied with, Evidence showing that they have left the country in full compliance with the return decision.
The police or the border inspection authority shall take measures to refuse entry, convert, expel or present a requirement within the meaning of Article 149 b to move to another Member State of the European Union if he/she does not: Fulfil the conditions of entry or residence. The police or the border inspection authority may decide to convert within three months of the entry into force of a foreigner. This later, the police or the border inspection authority shall submit to the Immigration Office a motion to convert or expel a foreigner, unless the Immigration Office has already taken steps to remove a foreign country. Irrespective of the three-month time limit, the police or border inspection authority may decide to convert, even if the third-country national has not complied with the requirement under Article 149 b to move to another European Union Member State.
The police or border inspection authority may impose a ban on entry to a foreign country for a maximum period of two years in refusing entry on the basis of Article 5 (1) (e) of the Schengen Borders Code or, in the course of conversion, Article 148 (1) (5) to (8). Or where a foreigner has not left the country for a voluntary return within the meaning of Article 147a, within the prescribed period.
The police or the border inspection authority shall submit to the Immigration Office a motion for refusal or refusal of entry for a foreigner if it does not have competence to convert or if it considers that a foreigner should be appointed An entry ban for a period of two years. The police or the border inspection authority may submit to the Immigration Office a motion to convert a foreigner, even if it is relevant to the application of Article 148 in other similar cases.
In the case of deportation and expulsion, the police or border inspection authority may make the removal documents necessary for the removal of the country's travel document. However, there are no signs of labelling if there is reason to believe that this would cause serious harm to the person being removed from the country.
The immigration agency shall make the requirement referred to in Article 149 (b) to a third-country national to move to another Member State of the European Union on its own initiative and to decide on refusal and refusal of access to the police department, or On a proposal from the border inspection authority or on its own initiative.
The Immigration Agency shall decide, with the exception of the situation referred to in Article 151 (1), for conversion if more than three months have elapsed since the entry into force of a foreigner, or if a foreigner has applied for a residence permit for international protection, or Temporary protection.
The Immigration Office shall decide to expel the country from a police or border inspection authority or on its own initiative.
The Immigration Service shall decide on the suspension of the entry ban or for the time being and shall decide on the withdrawal of the entry ban.
The police or border inspection authority may, by virtue of a binding international agreement or a binding obligation on Finland, authorise the competent authority of another State to remove a third-country national through the territory of Finland. The authorisation shall specify the transit authority and provide for the powers of the authority of another State and the right to use force.
The transit operation shall be carried out by the police or the border inspection authority and by the competent officials of another State. If the police or border inspection authority is not in a position to carry out the transit without delay, it may authorise the competent officials of the other State to carry out the transit independently.
In the case of transit by the police or the border inspection authority, the competent officials of the other State shall have the right to exercise the powers of the police or of the border guards of the Member State in accordance with the law of the Member State concerned. , which, within the limits of their powers, shall be demonstrated by the police or border guard.
When officials of another country are carrying out transit, they shall have the right to give the necessary orders and prohibitions which are binding on a person to be removed from the country. The police or the border inspection authority may grant them the right to use force in the territory of Finland in order to prevent any escape from the country, to break the resistance and to act as an immediate threat or other dangerous acts or incidents. To prevent. The force must be necessary and defensible. In addition, the use of force by a foreign official shall be subject to the condition that the Finnish competent official cannot immediately use force.
The role of the High Commissioner is to monitor the implementation of the removal of the country at all stages.
This Chapter shall apply to the Union citizen and to his/her family members and other family members.
This Chapter provides for:
(1) the conditions governing the exercise of the right to move and reside freely within the territory of the Member States by the Union citizen and his family members;
(2) the right of Union citizens and their family members to reside permanently in the territory of the Member States;
(3) restrictions on the rights referred to in paragraphs 1 and 2, based on public policy, public security or public health.
The authorisation shall apply to a citizen of the Union moving to Finland or residing in Finland, as well as to members of his family who accompany him or follow him later. (21.05.2010)
This category applies to a member of the family of a Finnish national if the Finnish citizen has exercised his right of movement under the directive on freedom of movement in another Member State and the family member comes to Finland with him or follows him. Later. (21.05.2010)
Exceptionally, Union citizens whose right of residence cannot be registered or certified on the basis of the provisions of this Chapter may be granted a residence permit on the basis of Chapter 4.
A family member of a Union citizen who is not a citizen of the Union shall be granted a residence permit on the basis of Chapter 4, if he is not subject to the provisions of this Chapter.
The family members of the Union citizen shall be his:
(1) the spouse;
(2) the direct descendants of the children under the age of 21 years or their dependants, as well as the corresponding descendants of his/her spouse;
(3) dependent relatives in the ascending line, as well as those of his/her spouse.
If a citizen of the Union residing in Finland is a minor, he or she is a member of the family.
For the purposes of this Chapter, spouses shall be treated on a permanent basis in a common household under marital conditions, regardless of their sex, if they have been living together for at least two years. For the purposes of this Chapter, the relationship between them shall be treated as marriage. However, two years of living together will not be required if the common household has a child in the joint service or if there is another reason.
A family member of a Union citizen shall be treated in the same way as any other person, irrespective of his nationality, if:
(1) in his country of origin, the dependants of a Union citizen who is the primary right of residence or who lived in the same household with him; or
(2) serious health reasons are strictly necessary for the Union citizen concerned to treat him personally.
The entry and residence of a Union citizen shall be conditional upon possession of a valid identity card or passport.
If a citizen of the Union or a member of his family who is not a citizen of the Union does not have a valid travel document or a visa required, he shall, before refusing entry, be given the opportunity to obtain the necessary Documents or documents or any other means of proving that he has the right to move and reside freely.
If a member of the family of a Union citizen is not a citizen of the Union, his entry and residence shall be subject to a valid passport. Such family members may be required to have a visa if a member of the family is a national of a State from which a visa is required under the Council Regulation.
A family member with a valid residence card within the meaning of the Free Movement Directive is not required for a visa and his passport does not include entry or exit stamps. The residence card must be displayed on arrival outside the Schengen area.
The visa application for a family member of a Union citizen shall be processed free of charge, as soon as possible and in accordance with the accelerated procedure. The visa application or his/her family members may be heard orally at the discretion of the visa holder. The hearing will be carried out by the Finnish delegation, if you are staying abroad, and the police department if you are staying in Finland. A hearing in Finland may be carried out by an official of the Finnish delegation on the visa application for the consultation, if it is necessary to clarify the visa requirement.
The decision to refuse, annul and revoke the visa shall be given in writing to the visa applicant and shall be justified, unless this is contrary to the security interests of the other Member State of Finland or of the Union.
The entry and residence of a Union citizen and his/her family members shall be subject to the condition that they are not deemed to endanger public policy or public security.
In the interests of public order or public security or public security, it must be based solely on the individual's own behaviour and not only on the basis of previous convictions. The behaviour of the individual must constitute a genuine, immediate and sufficiently serious threat affecting one of the essential interests of society. Justifications that do not relate to a specific case or which result from general considerations are not acceptable.
The entry and residence of Union citizens and their family members may be restricted for reasons of public health. Restrictions may only be based on the disease, as defined in the relevant documents of the World Health Organisation, if any, or any other contagious disease, to which the sick or sick suspect in Finland The freedom of the citizen to prevent the spread of the disease.
The threat to public health, which occurs after three months of arrival in the country, shall not constitute grounds for lifting the country.
A citizen of the Union or a member of his family may, if it is clearly necessary, within three months of the date of arrival, require that he be subject to a medical examination free of charge in order to establish that he does not have any Of the disease. The inspection shall not be required to be carried out systematically for all applicants.
Nationals of Iceland, Norway, Sweden and Denmark have the right to enter the country without a passport directly from these countries and reside in Finland without registering their right of residence. (23/07/98)
Iceland, Norway, Sweden and the Danish citizen must be able to demonstrate their identity and nationality in a reliable manner.
For non-short-term purposes, a Nordic citizen will have to register his presence, as agreed between the Nordic countries for registration of the population. (20.1.2006/34)
The right of residence of a Union citizen shall not be registered in Finland for a maximum period of three months without any conditions or formalities other than that of having a valid identity card or passport.
Paragraph 1 shall also apply to the family member of a Union citizen who is not a citizen of the Union and who holds a valid passport.
A citizen of the Union who is a jobseeker may, after three months, stay in Finland for a reasonable period of time without registering his right of residence if he continues to apply for work and if there is a real chance of work.
A citizen of the Union may reside in Finland for more than three months if:
(1) he pursues an economic activity as an employed or self-employed person;
(2) he/she has sufficient resources for himself and his family members and, where appropriate, sickness insurance, so that they do not make repeated use of income support provided for in the law on income support, or benefits which are assimilated to it; or In any other way during their stay, the Finnish social assistance system was created as a burden;
(3) he has written to an educational establishment approved in Finland for the principal purpose of taking part in the training and having sufficient resources for his stay and for his/her family members and, where appropriate, sickness insurance, so that they do not: Through repeated recourse to income support provided for in the Law on Income Support or to benefits assimilated to it, or any other equivalent period during its stay, to the Finnish social assistance system; or
(4) he is a member of the family of a Union citizen fulfilling the conditions laid down in paragraphs 1, 2 or 3.
The right of residence provided for in paragraph 1 shall also be the family of a Union citizen who is not a citizen of the Union, if the Union citizen fulfils the conditions laid down in paragraphs 1, 2 or 3 of that paragraph.
A member of the family of a Nordic citizen has a right of residence even if his subsistence is not guaranteed.
If a citizen of the Union stays in Finland for more than three months, he shall register his/her presence. The application for registration shall be submitted to the police department of the place of residence within three months of the date of entry. (22/2011/886)
Once a citizen of the Union has given a statement that he fulfils the conditions for registration, he shall immediately be given a registration certificate stating his name and address and the date of registration.
When applying for a registration certificate, a valid identity card or passport shall be presented and:
(1) in the case of gainful employment, an employer's confirmation of a service relationship or a certificate of employment;
(2) where the applicant is a self-employed person, a statement of professional activity;
(3) if the applicant is a citizen of the Union within the meaning of Article 158a (1) (2), an explanation of the fact that he/she has sufficient resources for himself and his family members and, where appropriate, a statement of health insurance;
(4) if the applicant is a student within the meaning of Article 158a (1) (3), an explanation of the fact that he is registered at an educational establishment approved in Finland and has sufficient health insurance cover, as well as personal insurance or other equivalent The fact that he has sufficient resources for himself and his family members; the applicant shall not be required to make a certain amount of money in his/her personal insurance.
In the case referred to in Article 158a (1) (1), a citizen of the Union who no longer is an employee or self-employed person shall retain the status of a worker or self-employed person, even if he:
(1) temporarily unable to work as a result of illness or accident;
(2) after a period of more than one year, he/she is involuntarily unemployed and registered as a jobseeker;
(3) at the end of a fixed-term contract lasting less than one year or in the first twelve months, the employment office shall be registered as a jobseeker; in that case, he shall retain his/her status for a period of six months; Or
(4) start vocational training related to his previous work, or if he is involuntarily unemployed, other vocational training.
A family member of a Union citizen who is not a citizen of the Union shall, upon application, be issued with a residence card of the family member of the Union citizen if the applicant fulfils the conditions laid down in Article 157 or 158a.
The residence card shall be issued if the family member is intended to reside in Finland for more than three months.
The provisions of this law relating to the residence card and the biometric identifiers stored therein also apply to the residence card of the family member of the Union citizen. (10/06/2015)
The application for a residence card of a family member of a Union citizen shall be lodged within three months of arrival.
When applying for a residence card, you must present:
1. Valid passport;
2) a document indicating a marriage or a registered partnership;
(3) the certificate of registration of a Union citizen with or following the applicant;
(4) in the case referred to in Article 154 (1) (2) or (3), a report on the family relationship;
(5) in the case referred to in Article 154 (3), an explanation of the permanent relationship with the Union citizen concerned;
(6) In the case referred to in Article 154 (4), a document issued by an official of the country of origin or of the country of origin stating that the other relatives are dependent or lived in the same household with the Union citizen, or a statement of serious For health reasons which are strictly necessary for the Union citizen to take care of the other person in person.
When applying for a residence card application, fingerprints shall be taken in accordance with Article 60d. The applicant shall attach a facial image to the application. (10/06/2015)
The residence card of a family member of a Union citizen shall be issued no later than six months after the application is lodged. The lodging of an application shall be issued immediately.
The residence card of a family member of a Union citizen shall be issued for a period of five years or if the intended duration of the stay is less than five years, the intended duration of the stay.
When assessing the validity of the residence card, no account shall be taken of temporary absences which do not exceed six months per year and the absence of longer absences for compulsory military service and not one for a period not exceeding twelve consecutive months Absence due to an important reason, such as pregnancy and childbirth, serious illness, study or vocational training or work in another Member State of the Union or a third country transfer.
The death or departure of a Union citizen shall not affect the right of residence of one of his family members who is a citizen of the Union. However, before obtaining the right of permanent residence, the family member shall fulfil the conditions laid down in Article 158a (1).
A family member of a Union citizen who is not a citizen of the Union and who has resided in Finland as a member of the family for at least one year before the death of a Union citizen does not lose his right of residence when he dies. Before a member of the family is entitled to permanent residence, his right of residence shall be subject to the requirement that he be able to prove that he is an employee or self-employed person or that he/she has himself and his family members Shall be sufficient to ensure that, during their stay, he and his family members do not become a burden on the Finnish social security system, and the comprehensive sickness insurance cover in Finland, or that he or she is a Union citizen fulfilling those conditions. A member of the family already formed in Finland. Such family members shall retain their right of residence solely on the basis of personal criteria.
In the event of the death or departure of a citizen of the Union, the parent who is a parent of his or her child or of children, irrespective of their nationality, loses the right of residence before the end of the children's studies, if the children are in Finland and They are writing in a school to study there.
The dissolution of a Union citizen's marriage shall not affect the right of residence of the family member of a Union citizen if the family member is a citizen of the Union. However, before obtaining the right of permanent residence, the family member shall fulfil the conditions laid down in Article 158a (1).
A family member of a Union citizen who is not a citizen of the Union shall not lose his right of residence in the event of an unwinding of marriage if:
1) the marriage has lasted at least three years, of which one year in Finland;
(2) the custody of the children of a Union citizen by the agreement of the spouses or by a decision of the court of law is entrusted to a spouse who is not a citizen of the Union;
(3) a particularly difficult situation such as violence in marriage; or
(4) According to the agreement of the spouses or court of law, the spouse, who is not a citizen of the Union, is entitled to meet a minor child and the court has held that meetings must take place in Finland.
Before the family member referred to in paragraph 2, who is not a citizen of the Union, is entitled to permanent residence, his right of residence shall be subject to the requirement to prove that he is an employee or self-employed person. , or that he/she has sufficient resources for himself and his family members, so that he and his/her family members do not become a burden on the Finnish social assistance system during their stay and comprehensive sickness insurance cover In Finland or in respect of a Union citizen who fulfils these conditions already A member of the family formed. Such family members shall retain their right of residence solely on the basis of personal criteria .
A citizen of the Union and his family members shall have the right to a short stay, provided for in Article 158, if he does not make repeated recourse to the means of subsistence laid down in the Law on Income Support or to benefits assimilated to it; or In any other way during its stay, it constitutes a disproportionate burden on the Finnish social assistance system.
The Union citizen and his family members shall have the right to reside in Finland for more than three months as provided for in Articles 158 a, 161 d or 161 (e), if they fulfil the conditions laid down in those articles.
In an individual case where there are reasonable grounds for suspecting that the conditions laid down in Article 158 a, 161 d or 161 (e) are not met by a Union citizen or a member of his family, the conditions may be examined.
A citizen of the Union who has resided legally and continuously in Finland for five years shall be entitled to permanent residence. This right shall not apply to the conditions of residence of the short term and more than three months.
Paragraph 1 shall also apply to the family member of a Union citizen who is not a citizen of the Union and who has resided legally and continuously with a citizen of the Union for five years.
The duration of residence is not affected by temporary absences which do not exceed a total of six months a year and the absence of longer absences for compulsory military service and not one absence of a maximum of twelve consecutive months For an important reason, such as pregnancy and childbirth, serious illness, study or vocational training or work in another Member State of the Union or in the territory of a third country.
A citizen of the Union who is entitled to a permanent residence shall be issued with a certificate of permanent residence.
The certificate shall be issued without delay after verification of the duration of the stay.
The family member of a Union citizen who is not a citizen of the Union and who is entitled to permanent residence shall, upon application, be granted a permanent residence card within six months of the application.
The application for a permanent residence card must be submitted before the expiry of the residence card.
The validity of the permanent residence card shall not be affected by any interruptions in residence, which are continuous for a period of no more than two years.
The right to permanent residence prior to a stay of five years shall be the worker or self-employed person who:
(1) when deciding on an old-age pension and having worked or pursued a profession in Finland for at least 12 months and resided continuously in Finland for a continuous period of at least three years; A self-employed person is not entitled to an old-age pension, entitling him to a permanent residence for 60 years;
(2) has decided to work in Finland for two consecutive years as a result of permanent invalidity; or
3), after working and living in Finland for three consecutive years, they have moved to the territory of another Member State of the Union, living in Finland and regularly returning to Finland every day, or at least once a week.
If the invalidity referred to in paragraph 1 (2) is caused by an accident at work or an occupational disease which entitles a Union citizen to a statutory pension in Finland, the duration of the residence shall not be relevant to the entitlement to permanent residence.
In order to obtain a permanent right of residence under paragraph 1 (1) or (2), it shall also include employment in the territory of another Member State. Periods of involuntary unemployment which have been recorded by the employment office or broken down by the employment office for reasons beyond the control of the applicant, and periods of absence due to illness or accident To be considered as periods of employment.
The conditions laid down in Article 1 (1) (1) and the duration of residence for the duration of the living shall not apply where the spouse of a worker or self-employed person is a Finnish national or has lost Finland Nationality as a result of his marriage to the worker or self-employed person in question.
The members of the family of an employed or self-employed worker who have received permanent residence under 1 or 2 shall have the right of permanent residence in Finland.
If a worker or self-employed person dies in employment before he has acquired the right of permanent residence under paragraphs 1 or 2, the members of his family living with him in Finland shall be entitled to remain permanently in Finland if:
(1) the worker or self-employed person has resided continuously in Finland for two consecutive years prior to his death;
(2) the death of a worker or self-employed person was caused by an accident at work or an occupational disease; or
(3) the spouse of a deceased worker or self-employed person has lost his nationality as a result of the fact that he or she has been married to a worker or self-employed worker.
The person who has the right of residence under this Chapter shall have unlimited access to gainful employment without the right of residence of the worker and to pursue a business without the right of residence of the trader.
The registration of the right of residence and the temporary residence card shall be revoked if:
(1) the person whose right of residence is registered or who has been issued with a temporary residence card has permanently moved away from Finland;
(2) the person whose right of residence is registered or who has been issued with a temporary residence card shall have continuously resided continuously for two consecutive years outside Finland; or
(3) the conditions under which the right of residence is registered or the temporary residence card has been issued, no longer exists.
Permanent residence or permanent residence card shall be revoked if the Union citizen or his/her family members have been absent from Finland for more than two consecutive years.
The registration of the right of residence, the right of permanent residence or the temporary or permanent residence card shall be revoked if it has been obtained by knowingly providing information on the identity of the applicant or other relevant false information, or by concealment of: Such information or any other abuse of rights.
Within two years from Finland, a change in the application of the right of residence or residence card cannot be withdrawn from Finland. If the application is met, the decision must take the form of a period during which the withdrawal shall not be taken.
The registration of the right of residence or the residence card shall lapse if the person whose right of residence is registered or to whom a residence card has been issued is expelled or acquired citizenship of Finland.
A Union citizen or his/her family members may be refused if his right of residence has not been registered or has not been issued with a residence card and if:
(1) he does not fulfil the entry conditions laid down in Article 155, 156 or 156 (a);
(2) by means of repeated recourse to income support or equivalent benefits provided for by the Law on Income Support, or by other equivalent means, during a short period of time during his stay in Finland; The social assistance system;
(3) the extension of his stay in Finland would require the registration of the right of residence or the issuing of a residence card, but does not fulfil the conditions for the registration of the right of residence or residence card; or
4) he is subject to an alert for reasons of public policy or public security.
A citizen of the Union whose right of residence is registered, or a family member of a Union citizen who has been issued a residence card may be expelled if he does not fulfil the conditions of the right of residence laid down in Articles 158 a, 161 d or 161 e; or Under the conditions laid down in Article 156 or subject to the conditions laid down in Article 156 (a), he shall be deemed to jeopardise public order or public security.
A citizen of the Union who has acquired the right of permanent residence, or a family member of a Union citizen who has been granted a permanent residence card, may be expelled from the country only for serious reasons of public policy or public security Reasons.
A citizen of the Union who has legally resided in the country for the last ten years may be expelled from the country only for imperative reasons of public security.
A citizen of the Union who is a minor may be expelled from the country only for imperative reasons of public security, unless expulsion is in the best interests of the child.
The overriding reason provided for in paragraphs 3 and 4 is that a Union citizen has been found guilty of a committed act which has not been punishable by less than one year in prison, and the seriousness of the offence or the criminal activity of the Union citizen. The continuation of the risk to public safety or a serious suspicion of the safety of the Finnish or other State.
By way of derogation from Article 167 (2) or Article 168 (1), a Union citizen or his/her family members may only be converted or expelled from the country for reasons of public policy or public security, Article 156 , or on grounds of public health, under the conditions laid down in Article 156 (a), where a Union citizen is a worker or self-employed person, or has entered into a job search, and can provide evidence of real Opportunities to find work.
Before the decision to expel a country based on grounds of public policy or public security, account shall be taken of how long the Union citizen or his/her family members have stayed in the country, their age, Their health, their family situation and their economic situation, and the extent to which the person concerned has integrated into Finnish society and culture. Account must also be taken of the extent to which the Union citizen and his family members have links with their country of origin.
A national of Iceland, Norway, Sweden or Denmark, whose stay in Finland is not registered as provided for in Article 157 (3), may be turned if it is deemed to undermine public order or public security as provided for in Article 156. Or in accordance with the conditions laid down in Article 156a.
A national of Iceland, Norway, Sweden and Denmark, whose presence in Finland is registered as provided for in Article 157 (3), may be expelled from the country where he or she is deemed to jeopardise public order or public security, or Public health.
If a national of Iceland, Norway, Sweden or Denmark has stayed in the country for more than five years, he may be expelled from the country for serious reasons of public policy or public security, and if the stay has taken place more than 10 years, he may be expelled from the country only for imperative reasons of public security.
Where the removal from the country of a Union citizen or a member of his family is based on the fact that he or she is deemed to be a threat to public policy or public security or to public health, he may be turned down or expelled from the country A ban on entry for a maximum period of 15 years.
In view of changed circumstances or due to an important personal reason, the prohibition of entry may be revoked in whole or in part. The decision shall be taken no later than six months after the application is made.
The police department of the place of residence of the applicant shall register the right of residence in the register of aliens and issue a temporary and permanent residence card. (22/2011/886)
The police department of the applicant's place of residence shall withdraw the right of residence and a temporary and permanent residence card. It shall also decide, on application, that the registration or residence card of the right of residence shall not be withdrawn in the case referred to in Article 165 (4). (22/2011/886)
The Immigration Service shall decide on the imposition of an entry ban on the basis of Article 170. (9.11.2007)
The powers of the authorities in the decision-making process concerning the removal of the land shall be governed by Articles 151 and 152.
The decision on conversion may be implemented immediately in spite of an appeal, unless otherwise specified by the Administrative Court if someone is turned on the basis of Article 167 (1) or Article 169 (1), and if the case is reasonably urgent.
If a person is turned on the basis of Article 167 (2) or (3), the decision on refusal of entry may be implemented no earlier than 30 days from the date of notification of the decision. If the decision taken on the basis of Article 167 (3) is based on the fact that the addressee of the decision is deemed to undermine public order and security and is justified on the grounds of urgency, the decision may immediately be implemented , unless otherwise specified by the Administrative Court.
If a person is expelled from the country on the basis of Article 168 or Article 169 (2), the expulsion decision may be implemented after the case has been legally settled.
Article 202 shall apply to the execution of a decision to convert or expel a person who has been refused or expelled from the country before the decision has been obtained.
The date of notification of the decision to convert or to expel the country must indicate the time during which the deportation or expulsion of the country must leave the country. This period shall be at least one month from the date of notification of the decision, unless there is an urgent need to leave the country. During this period, the decision cannot be implemented by the authorities. (23/07/98)
Where a decision on conversion or expulsion is implemented more than two years from the date of its conclusion, the executing authority shall ensure that the competent authority of the decision that the country is to be removed from the country The threat to order or public security remains real and shall assess whether the circumstances have changed since the expulsion decision was taken. (23/07/98)
Rights under this Chapter may be refused, terminated or withdrawn if they were obtained by knowingly providing information on the identity of the applicant or other relevant information, or by concealment of such information, or otherwise Abuse, such as a marriage concluded exclusively for the purpose of obtaining the rights laid down in this Chapter.
More detailed provisions on the administrative procedure for the entry, residence and removal of the Union citizen and his family members may be laid down by a decree of the Council of Ministers.
The carrier shall ensure that it is accompanied by the travel document required for entry and the required visa or residence permit issued by a foreigner who is not a citizen of the Union or assimilated to Finland's external border traffic.
The driver of the vehicle, the master of the vessel or the aircraft, as well as the carrier of another means of transport, shall be obliged to ensure that no person who does not have the right to do so shall enter the country without the consent of the border inspection authority. The master of the vessel shall provide the border inspection authority with prior information on the stowaway detected on board.
The obligation to notify the vehicle driver and carrier shall be governed by the law on the processing of personal data in the (579/2005) in Articles 19, 20 and 20a . (19/04/2013)
If a foreigner is turned or his main sin is refused, the haulier carrying on the external border of Finland shall be obliged to carry him:
(1) the country from which he was taken for carriage;
(2) to the country which issued the travel document he used on his journey to a foreign country; or
3) to any country where his main sin is guaranteed.
(30/04/2013)Paragraph 1 shall also apply to the carrier if the third-country national transit through the territory of Finland is refused entry and if:
(1) the other carrier, which was intended to transport a foreign country to the country of destination, refuses to transport him; or
2) the authorities of destination have turned the foreigner and he has been sent back to Finland.
Where the border inspection authority has authorised the entry of a foreigner, the operator shall have no obligation under paragraph 1, unless the foreigner has applied for asylum or residence at the border, Protection or temporary protection. (8 MAY 2009/323)
If a foreigner who has been refused or refused entry is not a means of return, he shall be obliged, at his own expense, to arrange for his carriage at his own expense. If immediate transport is not possible, the carrier shall bear the cost of the return of the foreigner.
If a foreigner has been deprived of the required travel document, a visa, a residence permit or adequate financial means, the carrier shall be obliged to reimburse the costs incurred by the State Residence and refusal of entry or refusal of entry in a foreign country. If a foreigner has been left from a ship, the master of the vessel and the vessel owner and the ship-clearing movement he uses shall be liable for compensation.
The police or border inspection authority may, in the event of the removal of a foreign country, set the necessary number of escorts if the implementation of the decision on the safety or removal of the means of transport so requires. An escort may also be set if a foreigner leaves the country voluntarily without a decision to withdraw. The haulier responsible for foreign transport may submit a request for the placing of an escort.
The decision of the authority to impose an escort shall not be subject to a separate appeal.
If a foreigner is turned down at the border or is refused access to the border, the visa, the residence permit or the lack of adequate means of subsistence in the country, and the foreigner needs an escort, he shall: The operator carrying on the external border traffic shall also be required to pay the costs of accompanying the accompanying person. The carrier is not entitled to compensation from the State for the costs of transport. (30/04/2013)
The obligation provided for in paragraph 1 to the carrier to pay the costs of escorting the accompanying person shall also apply if a foreigner has applied for asylum at the border and the decision to convert is made within three months. Entry.
Where an authority without a request from a carrier may be escorted by a foreign person other than in the case referred to in paragraphs 1 or 2, the police or border inspection authority shall bear the costs of the accompanying person.
A carrier which is in breach of the obligation to provide information as provided for in Article 173 of the Law on the processing of personal data or the processing of personal data under Article 20 or 20a of the Law on the processing of personal data shall be subject to a penalty payment ( Haulier's penalty fee ). The amount of the fee for infringement of Article 173 is eur 3 000 per person transported. The amount of the fee for an infringement of Articles 20 and 20a of the Law on the processing of personal data is eur 3 000 for each voyage that has not been notified or has been incorrectly or erroneously declared.
A carrier's penalty payment shall not be imposed if:
(1) the carrier demonstrates that it has complied with its obligation to ensure that the foreigner has the required travel document and the required visa or residence permit;
(2) the required travel document or the visa or residence permit has proved to be false and the forgery has not been clearly visible;
(3) the carriage of a person without the required travel document or a visa or residence permit or an error in the provision of passenger information for air or professional transport or trains, taking into account all circumstances; Forgiving an unforgiving;
4) the imposition of a fee would otherwise be disproportionate.
Paragraph 2 (1) shall not apply to the imposition of a charge for breach of Articles 20 and 20a of the Law on the processing of personal data in the Border Guard.
The penalty payment of a carrier cannot be imposed on the person suspected of doing the same in the case of preliminary investigation, prosecution or criminal proceedings pending before a court. Moreover, the penalty payment cannot be imposed on the person who has been convicted of the same offence.
Before imposing a penalty payment on the carrier or his representative, the carrier or his representative shall, in writing, provide an opportunity to give its explanation within a time limit which shall not be less than two weeks.
In the context of the border inspection, the penalty fee of the carrier shall be determined by the commander of the border guard or of the coastguard, the Deputy Commander, or the master of the border or maritime office in whose territory Article 173 or the processing of personal data An infringement of Article 20 or 20a of the Law on the Border Guard has been observed. If the border inspection authority has been a police officer, the carrier's fee shall be determined by a police officer within the police department. If the border inspection authority has acted as Customs, the duty fee shall be determined by the duty officer of the unit responsible for the operation of the operation unit of the Customs Unit. (19/04/2013)
The carrier's fee shall be imposed on the State.
Payment shall be made in the decision. A final decision will be implemented, such as a legal judgment.
The authority of destination of the carrier shall abolish the payment if:
(1) the aliens may remain in the country on the grounds that they are granted a residence permit on the basis of refugee status, subsidiary protection, humanitarian protection or temporary protection; or
(2) the carrier shall be punished; Article 8 of Chapter 17 of the Penal Code On the organisation of illegal immigration, or Article 8a of Chapter 17 of the Penal Code On the organisation of serious illegal immigration.
(8 MAY 2009/323)Paragraph 1 (1) does not apply to a penalty payment for breach of Article 20 or 20a of the Law on the processing of personal data in a corps of border guards. (19/04/2013)
The penalty fee for the carrier shall be paid within one month from the date of notification of the decision.
In order to pay a penalty payment which has not been paid at the latest on the maturity date, interest on late payment shall be charged on interest (633/1982) According to the interest rate referred to in paragraph 1.
The enforcement of the penalty payment shall be carried out by the Court of Justice.
The Justice Register Centre shall be informed of the decision of the authority or court in which the penalty payment has been reduced or the fee has been abolished.
The Centre shall, without an application, return the penalty fee unjustifiably paid.
A foreigner,
1) intentionally staying in the country without the required travel document, visa or residence permit, or neglecting its obligation to register his stay or to apply for a residence card, a residence card or a permanent residence card,
(2) on purpose the right to perform gainful employment or to pursue a business,
(3) intentionally fail to comply with the obligation to register pursuant to Article 118, the other obligation under Article 119 or the invitation to submit information pursuant to Article 130;
(4) deliberately enters the country, even though he has been banned from entering the country for reasons of public policy, public security or public health;
Must be condemned On the offence of aliens Fine.
(10/06/2015)The violation of foreign law is also punishable by the failure to comply with the obligations laid down in Article 174 or Article 175, or by Article 19 of the Law on the Processing of Personal Data in the Border Guard. (19/04/2013)
The employer or his representative, who
(1) intentionally or negligently, in the service of a foreigner who has no right to gainful employment,
(2) on purpose or gross negligence to provide the authority with incorrect or misleading information on the terms and conditions of employment of foreign nationals or on the conditions imposed on them; or
(3) intentionally or through serious negligence, the obligation laid down in Article 86a (2);
Must be condemned On the employer's foreign offence In the case of a fine, unless a heavier penalty is imposed in the rest of the law.
The liability of the employer and the employer shall be governed by Article 86b. The allocation of penalties between the employer and his representative shall be governed by: Article 7 of Chapter 47 of the Penal Code .
The work and business office may decide to waive the right of residence of a worker to the service of an employer or employer who, by himself or through his representative, has provided the Authority with Article 186 (1) (2) Incorrect or misleading information as referred to in paragraph 2. The decision to abstain shall be suspended or suspended. A decision cannot be made if the offence is punishable.
Penalties for the use of unauthorized foreign labour Article 6a of Chapter 47 of the Penal Code .
The penalty for the organisation of illegal immigration and the provision of serious illegal entry Article 8 of Chapter 17 of the Penal Code And Article 8a.
The decision of the Immigration Office, the police, the border inspection authority, the employment office, the Finnish delegation and the Ministry of Education shall be subject to appeal by the administrative court as provided for in the administrative law.
The decision to refuse access under the Schengen Borders Code of the border inspection authority, the police or the Immigration Service shall be subject to appeal by the administrative court as provided for in the administrative law. (30/04/2013)
Decisions taken under this Act shall not be subject to appeal against:
(1) the obligation to submit a visa application under the Visa Code, the powers of the Finnish delegation, the admissibility of the visa application, the suspension of the examination of the application, the transfer of the application to the represented Schengen State; The decision on the issuing of visas, the refusal of the visa, the extension of the visa, the annulment of the visa and the lifting of the visa, unless it is a visa for a Union citizen or a family member A decision of refusal, annulment or annulment, to which 10 The provisions of Chapter
(2) the decision of the Ministry of Foreign Affairs on the issue of a residence permit issued to a member of the staff of a foreign delegation in Finland or to members of his/her family or a decision to withdraw the residence permit issued to him;
(3) a decision on the issue of a residence permit for a foreign country to be taken in Finland under the refugee quota;
4) a decision on the issue of a residence permit on the basis of other humanitarian migration;
(5) a decision on the issue of a residence permit on the basis of temporary protection, pending the examination of an asylum application;
(6) the decision on the objection under Article 191a;
(7) a decision finding the examination of an application for asylum pursuant to Article 111 (2);
(8) a decision finding that the case has lapsed as a result of the applicant's withdrawal or the likelihood of emigrating from Finland;
(9) prior information provided by the labour and business office pursuant to Article 75;
10) Decision on the period of reflection and suspension under Article 52 (b).
The refusal of a visa in accordance with the Visa Code and a decision for annulment of a visa not made at the request of the holder of a visa shall be sought from the competent authority of the decision, as referred to in Chapter 7a of the Administrative Code Provides.
The appeal against a decision to refuse, annul and revoke a visa must be addressed without undue delay. If a hearing is not necessary for a particular reason, the right to an adjustment shall be settled without consultation.
The reasons for the decision to amend the requirement of amendment may be waived in so far as it relates to a visa applicant from another Schengen State or a third country authority which forms the basis of the decision to refuse, nullify or revoke a visa. Or information that the visa applicant may jeopardise the public order or security of the Schengen State or national security or relations with a foreign country.
The correction shall not be applied to any decision of the refusal, annulment or annulment of a visa for a Union citizen or a member of his family to which the provisions of Chapter 10 apply.
The competent authority to consider the complaint referred to in Article 190 is the administrative court in which the jurisdiction of the issuing authority is or is situated. Where the jurisdiction of the issuing authority covers the whole of the country, the competent administrative court shall be the person to whom the party in the jurisdiction of the jurisdiction resides.
In the case of a residence permit issued on the basis of a family name, the competent administrative court is the person whose family or otherwise the family member who is elected in the territory of the jurisdiction of the jurisdiction concerned resides. If such family members live in different jurisdictions in Finland, the administrative court of Helsinki is the competent administrative court.
In the case of a residence permit for the worker and the trader, the competent administrative court is the person in whose territory the applicant resides. If the applicant does not live in Finland, the administrative court competent in the case of the right of residence of the trader is the administrative court of Helsinki and the administrative court in the case of the residence permit, the administrative court of which The place of business of the employer.
The administrative court of Helsinki shall have jurisdiction to deal with the complaint of a person residing abroad, unless the person or employer resident in Finland, as referred to in paragraphs 2 or 3, is concerned.
The decision of the Helsinki Administrative Court shall be appealed against if the decision concerns:
1) an application for a residence permit issued on the basis of asylum, subsidiary protection or humanitarian protection;
(2) rejecting an application for temporary protection;
(3) the withdrawal of the country, the withdrawal of the entry ban or the cancellation of a travel document issued in Finland, and the decision relating to the decision to reject the asylum procedure or the temporary protection procedure;
(4) the suspension of refugee status and the cancellation of a refugee travel document or the suspension of subsidiary protection status and the cancellation of the related alien passport;
(5) the cancellation of refugee status and the accompanying refugee travel document, or the cancellation of subsidiary protection status and related alien passport.
The administrative court of Helsinki may process a complaint in the composition of a single Judge within the meaning of Article 103.
The employer is entitled to appeal against the worker's decision on the residence permit in so far as it relates to the conditions set out in Article 73, which the employment authority determines.
The Immigration Agency shall have the right to appeal against the decision of the administrative court which has revoked or amended the decision of the Immigration Office.
The decision of the Administrative Court referred to in this Act shall be subject to appeal by appeal to the Supreme Administrative Court if the Supreme Administrative Court grants an appeal. The authorisation may be granted if, in other similar cases or in the interests of consistency of case-law, it is important to refer the matter to the Supreme Administrative Court or if there is another reason for the granting of the authorisation.
The letter of appeal shall be submitted to the authority which made the decision, which shall forward its own opinion and the documents on the basis of the decision to the Administrative Court without delay.
In the case of asylum, the appeal may also be submitted to the Helsinki Administrative Court or to the police. The Immigration Office shall, immediately upon receipt of the information, provide the documents on the basis of its decision to the Administrative Court. (9.11.2007)
A statement of appeal may be sent to the Finnish delegation abroad. Storage may be submitted to the holding responsible for the holding of detention. The receipt of a statement of appeal shall ensure that the appeal is forwarded without delay to the authority which took the decision. At the same time, the administrative court must be informed of the complaint made.
When applying for an appeal, the appeal must be submitted to the Supreme Administrative Court.
An appeal may be sent to the Finnish delegation if the appellant no longer resides in Finland. Storage may be submitted to the holding responsible for the holding of detention. The receipt of a letter of appeal shall immediately send a letter of appeal to the Supreme Administrative Court.
The administrative court or the Supreme Administrative Court may take a decision on the expiry of an appeal for international protection if the appellant is acting on his own initiative, without any action taken by the authorities, from Finland or is likely to be deemed to have: Has departed from Finland within the meaning of Article 95c (1).
If the decision to convert has been made pursuant to Articles 95b, 103 or 104, the application for a prohibition or suspension shall be made within seven days of the notification to the applicant. This period shall include at least five working days.
The administrative court may decide on a refusal or suspension application in the composition of a single Judge. The decision may be taken without the documents provided by the Authority, if the facts necessary to resolve the case are disclosed in the appeal or otherwise.
The decision to prohibit or suspend enforcement of the administrative right shall not be subject to any appeal by appeal.
In the same way, the Supreme Administrative Court may decide to submit an application for a prohibition or suspension in the composition of one of the members. The application may, under the conditions laid down in Article 1 (1), be settled without the documents in issue.
The decision on the application referred to in Article 198b shall be taken within seven days. This period shall include at least five working days.
Unless otherwise provided for in this Act, the removal of the decision on removal, which may be subject to appeal, shall not be implemented within the meaning of this Act. Where an appeal is required from the Supreme Administrative Court, the appeal shall not prevent enforcement, unless the Supreme Administrative Court decides otherwise.
The refusal to grant access to a decision based on the Schengen Borders Code may be implemented in spite of an appeal, unless otherwise specified by the Administrative Court. (30/04/2013)
However, a decision or a decision which, under this law, is otherwise enforceable shall not be enforced if there is reason to suspect that the return of a foreigner to the country of origin or another country may bring him within the meaning of Article 147. At risk.
Decisions on removal shall not be implemented within the period allowed for voluntary return pursuant to Article 147a. However, enforcement is permitted where there is a risk of absconding or a person is considered a danger to public order or security.
The decision to expel a country based on the withdrawal of the temporary residence permit referred to in Article 51 may not be implemented at the earliest on the eighth day following the notification of the decision The applicant, unless otherwise specified by the Administrative Court. Before implementation, it must be ensured that the deadline has been at least five working days.
The decision to convert may be implemented in spite of appeals, unless otherwise specified by the Administrative Court. However, when a foreigner has applied for a residence permit on the basis of international protection, the decision of the Immigration Office shall not be implemented until such time as the matter has been legally settled, unless otherwise specified in this Article. Provide. Where an appeal is required from the Supreme Administrative Court, the appeal shall not prevent enforcement, unless the Supreme Administrative Court decides otherwise.
Where the decision to convert has been made pursuant to Article 95b or Article 103 (2), (3) or (4), the decision may be implemented after notification to the applicant, unless otherwise specified by the Administrative Court.
The decision taken to convert a foreigner from a safe country of asylum pursuant to Article 103 (1) or to convert a foreigner under Article 104, whose application was considered manifestly unfounded, may be At the earliest on the eighth day following the notification of the decision to the applicant, unless otherwise specified by the Administrative Court. Enforcement must be ensured before the deadline has been set for at least five working days.
No decision on conversion shall be implemented as provided for in paragraphs 2 and 3 until the application referred to in Article 198b has been settled.
The submission of a request for a renewal referred to in Article 102 shall not preclude the enforcement of a final decision on the enforcement of Article 103 (4).
The decision on conversion and expulsion may be implemented before the decision has been obtained by the law if, in the presence of two unimpeded witnesses who have been refused or deported, they agree to implement the decision, and To sign the entry for this conclusion.
Article 202a has been repealed by L 26.6.2009/458 .
The authority shall provide for interpretation or translation if the foreigner does not know the language law (2003) In the case of a Finnish or Swedish language used in the Authority, or for reasons of disability or disease, he or she may not be understood:
1) in the case before the asylum procedure;
(2) in the case of refusal or expulsion; or
3) in a case which may be initiated by an authority.
The Authority may, in order to clarify the case or in order to safeguard the rights of the party concerned, take care of the interpretation or translation other than that referred to in paragraph 1.
The administrative court's obligation to provide for interpretation or translation is governed by administrative law.
The obligation of the authority or the court to provide for translation or interpretation shall not apply to material which does not affect the case.
The party concerned shall have the right to be informed of the decision concerning him in his or her mother tongue or in a language which he can reasonably be expected to understand. Information on the decision shall be given by interpretation or translation.
Service of decisions taken under this law shall be effected in the form of an ordinary or documentary service or as a general service as provided for in this Act. The notification of the decisions of the authorities shall otherwise be governed by administrative law, unless otherwise provided for in this Act.
The service of the decisions of the administrative courts shall be governed by Article 55 of the Administrative Law, save as otherwise provided in this Act.
The electronic service of decisions and other documents of the authorities and courts shall be governed by the law on electronic transactions (2003) .
The decision to refuse, annul or revoke the visa shall be deemed to have been issued on the seventh day for the purpose of the standard form set out in the Annex VI to the Visa Code, unless otherwise displayed.
The notification of a decision taken pursuant to Article 191a may be effected by sending a decision by mail to the address of a foreigner, or by giving the decision to a foreign authority Visiting. The decision shall be deemed to have been completed on the seventh day on the date of the decision, unless otherwise displayed.
The normal service shall be effected by letter to the recipient. The addressee shall be deemed to have been informed of the decision seven days after the letter was sent, unless otherwise displayed. However, it shall be deemed to have been brought to the attention of the Office on the date of arrival of the letter. The ordinary service may be used in decisions which are positive to the applicant.
The notification shall otherwise be transmitted by post against the receiving certificate. The decision may also be made available to the addressee of the notification or to his representative on request. The notification shall then be accompanied by a written certificate showing the supplier and the recipient of the service and the date of service.
Where the Authority considers it appropriate, service may be effected in the form of a subpoena. The notification of a challenge shall apply mutatis mutandis: In Chapter 11 of the Court of Justice Provides. The notification of a summons is submitted by the police or the border inspection authority. However, in the case of international protection, service must always be served as a challenge service.
Where the addressee of a service is hiding or avoiding information, or where there is no information on his whereabouts, the provisions of Article 61 of the Administrative Code shall apply for the service of the service.
Subject to binding international agreements and obligations on Finland, service abroad shall be provided in accordance with this law or by the law of the foreign country concerned.
Service abroad may be provided by sending a decision by mail to an address by a foreigner. An ordinary letter may be used for the notification if the decision is favourable to the applicant. The applicant shall be deemed to have been informed of the decision, unless otherwise displayed, at the latest on the thirtieth day following the delivery of the document to the postal service. Otherwise, service by post shall be subject to an international procedure or an equivalent evidence procedure which may be used in the State concerned.
If a foreigner has not declared his address abroad, service may be effected by sending a decision to the Finnish delegation, the representation of another Schengen State or an external service provider in the State of which the foreigner is a national Or where he resides. The notification shall be accompanied by a written certificate showing the supplier and the recipient of the service and the date of service. If the decision cannot be handed over to a foreigner or his representative, the notification of the decision shall be notified to the authority which took the decision. (22/05/2015)
If a service abroad is not received, the document shall be served in Finland by means of a general service as provided for in Article 62 of the Administrative Code. However, in the case of international protection, general notification is not used.
The person concerned shall be required to communicate their contact details and their amendments.
The High Commissioner shall be informed of decisions under this Act concerning the issue of a residence permit on the grounds of international protection or temporary protection, or of refusal of a foreigner, expulsion or access to Refusal. The High Commissioner shall also be informed without delay of decisions concerning the detention of foreign nationals. At the request of the High Commissioner, he shall be informed of any other decision under this law and the necessary information necessary for monitoring the implementation of the removal of the country referred to in Article 152 (b).
The right to access to information is governed by the Law on the Equality Authorised (1326/2014) .
The equal authority shall be entitled, at his request, to be heard in a single case concerning the expulsion of an asylum seeker or of a foreign country. The competent authority of the case may, on a case-by-case basis, set a reasonable time limit for the authorised opinion.
The Immigration Service may decide to settle the matter which is provided for by this Act for the purpose of resolving the matter.
The Office may refer the matter under its jurisdiction to the Office for Immigration if it is of such a nature that it requires the expertise of the Immigration Office, or if it is relevant to the In other similar cases.
For the purposes of monitoring the conditions of employment of foreign labour, the Ministry of the Interior shall be able to set up a Advisory Board on the employment and residence permit of foreign workers. The purpose of the Advisory Board is to promote cooperation and the flow of information between the authorities on matters relating to the supervision of the terms and conditions of employment of foreign workers, and to monitor the working relationship between foreign workers, and The development of the permit controls and the issuing of opinions on these matters.
The Ministry of the Interior appoints members of the Advisory Board. The advisory committee must be represented by the authorities and the administrative branches necessary for monitoring purposes. The Advisory Board shall cooperate with key labour market organisations. More detailed provisions on the composition, functions, working methods and the term of office of the Advisory Board are laid down by a decree of the Council.
Compliance with this law and the provisions adopted under it will be subject to control by the Immigration Service, the Police and the Border Guard. (9.11.2007)
Compliance with the provisions on entry and exit of foreign nationals shall be subject to control by border inspection authorities.
More detailed provisions on the implementation of this law may be adopted by a Council regulation.
The tasks entrusted to the Representation in this Act shall be provided by the consular services of Finland (498/1999) And the Regulation adopted pursuant to it.
This Act shall enter into force on 1 May 2004.
This law repeals the foreign law of 22 February 1991. (1999) With its subsequent modifications.
The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply. However, the provisions of this Act shall apply to the cases returned for the new treatment.
At the time of entry into force of the law, the pending issue of the residence permit shall lapse if it is a case in which a residence permit is not required under this law.
The condition of a child's photograph in a foreign passport provided for in Article 13 shall apply only to passports issued after the entry into force of the law.
The condition for the grant of a permanent residence permit provided for in Article 56 for a period of 4 years shall apply to the continued presence of permanent residence since the entry into force of this Act. Where continuous residence has begun before the entry into force of this Act, the provisions in force at the time of entry into force of the Act shall apply.
THEY 28/2003 , THEY 151/2003 , SuVM 1/2004, HaVM 4/2004, EV 37/2004 Council Directive 01 /55/EC, OJ L 212, 7.8.2001, p. 12, Council Directive 01 /40/EC; OJ L 149, 2.6.2001, p. 34-36, Council Directive 01 /51/EC; OJ L 187, 28.6.2001, p. 45-46, Council Directive 68 /360/EEC, OJ L 257, 19.10.1968, p. 13-16, Council Directive 64 /221/EEC, OJ L 56, 4.4.1964, p. 850-853, Council Directive 72 /194/EEC, OJ L 121, 26.5.1972, p. 32, Council Directive 73 /148/EEC, OJ L 172, 28.6.1973, p. 14-16, Council Directive 75 /34/EEC, OJ L 14, 20.1.1975, p. 10-13, Council Directive 75 /35/EEC, OJ L 14, 20.1.1975, p. 14, Council Directive 90 /364/EEC, OJ L 180, 13.7.1990, 26-27, Council Directive 90 /365/EEC; OJ No 180, 13.7.1990, p. Council Directive 93 /96/EEC, OJ L 317, 18.12.1993, p. 59-61This Act shall enter into force on 1 August 2004.
THEY 34/2004 , LaVM 4/2004, EV 82/2004 Council Framework Decision 2002 /629/YOS; OJ L 203, 1.8.2002, p. 1, Council Framework Decision 2002 /946/jha, OJ L 328, 5.12.2002, p. 1, Council Directive 2002/90/EC; OJ L 328, 5.12.2002, p. 17, Council Framework Decision 2004 /68/CFS; OJ L 13, 20.1.2004, p. 44
This Act shall enter into force on 1 September 2005.
THEY 6/2005 , 12/2005, EV 92/2005
This Act shall enter into force on 1 February 2006.
THEY 94/2005 , TyVM 7/2005 EV 178/2005
This Act shall enter into force on 1 July 2006.
THEY 198/2005 , HaVM 3/2006, EV 33/2006 Council Directive 2003 /86/EC (32003L0086); OJ L 251, 3.10.2003, p. 12
This Act shall enter into force on 31 July 2006.
THEY 32/2006 , HaVM 11/2006, EV 89/2006 Council Directive 2004 /81/EC; OJ L 261, 6.8.2004, p. 19-23
This Act shall enter into force on 21 August 2006.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 25/2005 , HaVM 13/2006, EV 92/2006
This Act shall enter into force on 1 October 2006.
THEY 90/2005 , HaVM 14/2006, EV 94/2006
This Act shall enter into force on 1 February 2007.
THEY 31/2006 , HaVM 21/2006, EV 150/2006, Council Directive 2003 /9/EC; OJ L 31, 6.2.2003, p. 18 and 2004 /83/EC; OJ L 304, 30.9.2004, p. 12
This Act shall enter into force at the time of the Council Regulation.
THEY 243/2006 , HaVM 36/2006, EV 301/2006 Council Directive 2003 /110/EC, OJ L 321, 25.11.2003
This Act shall enter into force on 1 May 2007.
THEY 94/2006 , HaVM 35/2006, EV 295/2006, Council Directive 2003 /109/EC (32003L0109); OJ L 16, 23.1.2004, p. 44
This Act shall enter into force on 30 April 2007.
THEY 205/2006 , HaVM 34/2006, EV 285/2006, European Parliament and Council Directives 2004 /38/E; (32004L0038); OJ L 158, 30.4.2004, p. 77, 2004 /38/EC (32004L0038R (01); OJ L 229, 29.6.2004, p. 35 and 2004 /38/EC (32004L0038R (02); OJ L 197, 28.7.2005, p. 34
This Act shall enter into force on 1 September 2007.
THEY 277/2006 , HaVM 42/2006, EV 319/2006, Council Directive 2004 /114/EC (32004L0114); OJ L 375, 23.12.2004, p. 12 and OJ L 153M of 7 June 2006, p. 330
This Act shall enter into force on 1 June 2007.
THEY 156/2006 , HaVM 37/2006 EV 311/2006
This Act shall enter into force on 1 January 2008.
Before the law enters into force, measures may be taken to implement the law.
THEY 90/2007 , PVM 4/2007, EV
This Act shall enter into force at the time of the Council Regulation.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 115/2007 , No 13/2007, EV 111/2007
This Act shall enter into force on 1 January 2009.
THEY 167/2007 , HaVM 6/2008, EV 64/2008, Council Directive 2005 /71/EC, OJ L 289, 3.11.2005, p. 15
This Act shall enter into force on 1 June 2009.
A foreign person holding a temporary residence permit pursuant to Article 51 of the law in force at the time of entry into force of the law shall be granted an extension on the basis of Article 51a or Article 88 (a), if the initial residence permit has been based on the fact that the country concerned Removal has not actually been possible. The granting of the authorisation requires that the removal of the country is still not possible. Applications for further applications may be submitted by the municipal police department pursuant to Article 210 (2).
THEY 166/2007 , HaVM 26/2008, EV 4/2009
This Act shall enter into force on 1 July 2009.
THEY 86/2008 , HaVM 2/2009, EV 36/2009
This Act shall enter into force on 29 June 2009.
Before the entry into force of the law, measures may be adopted for implementation.
THEY 234/2008 , HaVM 9/2009, EV 97/2009
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 July 2010.
THEY 77/2009 , HaVM 4/2010, EV 67/2010
This Act shall enter into force on 1 August 2010.
Upon entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
The conditions laid down in Article 81 (2) shall also apply to the right to work of foreign nationals who have entered entry into force before the entry into force of this Act, if they have not been in the country for three months or if they have been in the country more than Three months, but they have not done a gainful job.
THEY 240/2009 , HaVM 5/2010, EV 79/2010
This Act shall enter into force on 1 January 2011.
THEY 186/2010 , HaVM 19/2010, EV 192/2010
This Act shall enter into force on 1 July 2011.
Upon entry into force of this Act, the pending application for a residence permit shall be subject to the provisions in force at the time of entry into force of the law.
Persons from the territory of the former Soviet Union who themselves, one of whose parents or whose four grandparents at least two have or have been labelled as a Finnish national and who have sufficient The knowledge of the Finnish or Swedish language, the provisions in force at the time of entry into force of this Act, if the applicant has registered as a returnee to the Finnish delegation no later than 1 July 2011 and has applied for a residence permit No later than 1 July 2016. However, the granting of a residence permit does not require the applicant to take part in the return training organised in the country of origin.
For the family member of the person referred to in paragraph 3 and the dependent child, the provisions in force at the time of entry into force of this Act shall apply if the application for a residence permit has been lodged by 1 July 2016.
Before the law enters into force, action can be taken to enforce the law.
THEY 252/2010 , HaVM 23/2010, EV 220/2010
This Act shall enter into force on 1 April 2011.
THEY 208/2010 , HaVM 30/2010, EV 308/2010, Directive 2008 /115/ec of the European Parliament and of the Council, OJ L 348, 24.12.2008, p. 98
This Act shall enter into force on 5 April 2011.
The objection procedure provided for in Article 191a shall apply only to decisions taken after the entry into force of the law.
THEY 275/2010 , HVM 36/2010, EV 346/2010
This Act shall enter into force on 1 January 2012.
This law shall apply to the application for a residence permit and international protection or residence card pending before the entry into force of the law which the applicant has submitted in Finland and to which a decision shall be taken after the entry into force of this law. The application is supplemented by the fingerprints of Article 22 of the Administrative Code.
The law shall also apply to an application for a residence permit before the entry into force of the law on the basis of which a residence card is issued to the applicant abroad on or after 20 May 2012. The application is supplemented by the fingerprints of Article 22 of the Administrative Code.
Before the law enters into force, action can be taken to enforce the law.
THEY 104/2010 , HVM 39/2010, EV 362/2010
This Act shall enter into force on 1 September 2011.
THEY 266/2010 , HVM 38/2010, EV 357/2010
This Act shall enter into force on 1 January 2014.
THEY 224/2010 , HVM 42/2010, EV 371/2010
This Act shall enter into force on 1 January 2012.
Before the law enters into force, action can be taken to enforce the law.
THEY 73/2011 , HAVM 3/2011, EV 58/2011
This Act shall enter into force on 1 January 2012.
Before the law enters into force, action can be taken to enforce the law.
THEY 37/2011 , HaVM 5/2011, EV 67/2011 Council Directive 2009 /50/EC (OJ C 155, 18.6.2009, p. (17)
This Act shall enter into force on 1 January 2014.
THEY 37/2011 , HaVM 5/2011, EV 67/2011 Council Directive 2009 /50/EC (OJ C 155, 18.6.2009, p. (17)
This Act shall enter into force on 1 August 2012.
Before the law enters into force, action can be taken to enforce the law.
THEY 3/2012 , HaVM 14/2012, EV 69/2012, European Parliament and Council Directive 2009 /52/EC (32009L0052); OJ L 168, 30.6.2009, p. 24
This Act shall enter into force on 1 August 2012.
THEY 3/2012 , HaVM 14/2012, EV 69/2012, European Parliament and Council Directive 2009 /52/EC (32009L0052); OJ L 168, 30.6.2009, p. 24
This Act shall enter into force on 1 January 2013 and shall expire on 31 December 2013.
THEY 145/2012 , HaVM 21/2012, EV 150/2012
This Act shall enter into force on 1 January 2014.
Before the law enters into force, action can be taken to enforce the law.
THEY 15/2013 , HaVM 7/2013, EV 77/2013
This Act shall enter into force on 1 October 2013.
THEY 29/2013 , HaVM 9/2013, EV 85/2013
This Act shall enter into force on 1 October 2013.
THEY 29/2013 , HaVM 9/2013, EV 85/2013
This Act shall enter into force on 1 January 2014.
THEY 16/2013 , HaVM 20/2013, EV 207/2013
This Act shall enter into force on 1 January 2014.
However, Articles 13 to 15 shall enter into force at the time of the Council Regulation.
THEY 134/2013 , HVM 19/2013, EV 202/2013
This Act shall enter into force on 1 January 2014.
THEY 139/2013 , HaVM 21/2013, EV 208/2013
This Act shall enter into force on 1 January 2014.
THEY 180/2013 , HaVM 25/2013, EV 215/2013
This Act shall enter into force on 1 January 2015. However, Article 179 (1) shall not enter into force until 1 July 2015.
THEY 220/2013 , HVM 19/2014, EV 83/2014
This Act shall enter into force on 1 January 2015.
THEY 102/2014 , UAVM 12/2014, EV 129/2014
The entry into force of this Act shall be regulated by law.
This law is valid for L 1347/2014 From 1 January 2015.
THEY 19/2014 , THEY 111/2014 , TyVM 11/2014, EV 223/2014
This Act shall enter into force on 1 April 2015.
THEY 219/2014 , HaVM 29/2014, EV 173/2014, Directive 2009 /52/EC of the European Parliament and of the Council (32009L0052); OJ L 168, 30.6.2009, p. 24
This Act shall enter into force on 1 May 2015.
THEY 169/2014 , HaVM 45/2014, EV 279/2014
This Act shall enter into force on 1 July 2015.
THEY 218/2014 , HVM 42/2014, EV 272/2014, Directive 2013 /32/EU of the European Parliament and of the Council (32013L0032); OJ L 180, 29.6.2013, p.60
This Act shall enter into force on 1 August 2015.
THEY 155/2014 , TyVM 15/2014, EV 307/2014
This Act shall enter into force on 1 July 2015.
THEY 266/2014 , HVM 58/2014, EV 352/2014
This Act shall enter into force on 1 June 2015.
THEY 288/2014 , HaVM 44/2014, EV 280/2014
This Act shall enter into force on 1 June 2015.
THEY 174/2014 , HVM 53/2014, EV 339/2014
This Act shall enter into force on 1 July 2015.
THEY 170/2014 , HVM 47/2014, EV 314/2014
This Act shall enter into force on 1 June 2015.
THEY 295/2014 , HaVM 59/2014, EV 354/2014
This Act shall enter into force on 1 July 2015.
THEY 172/2014 , HaVM 56/2014, EV 355/2014, Council Directive 2003 /9/EC (32003L0009); OJ L 031, 27.1.2003, p. 18-25
