finland aliens act 2004_en20040301

8/14/2019 Finland Aliens Act 2004_en20040301

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NB: Unofficial translation,legally binding only in Finnish and Swedish

Ministry of the Interior, Finland

Aliens Act

(301/2004, amendments up to 1152/2010 included)

Chapter 1

General provisions

Section 1

Purpose of the Act

The purpose of this Act is to implementand promote good governance and legalprotection in matters concerning aliens. Inaddition, the purpose of the Act is to promotemanaged immigration and provision ofinternational protection with respect forhuman rights and basic rights and inconsideration of international agreements

binding on Finland.

Section 2

Scope of application

This Act and any provisions issued under itapply to aliens entry into and departure fromFinland and their residence and employmentin Finland.

Section 3

Definitions

For the purposes of this Act:1) alien means a person who is not a

Finnish citizen;2) EU citizen or a comparable person

means a citizen of a Member State of theEuropean Union (EU) or a citizen of Iceland,Liechtenstein, Norway or Switzerland;

2 a) third-country national means any

person who is not a citizen of the EuropeanUnion or a comparable person; (358/2007)

3) carrier means a natural or legal personprofessionally engaged in passenger transportby air, land, rail or sea;

4) visa means a permit on the basis ofwhich an alien may enter and stay in thecountry for a short time if the otherrequirements for entry are met;

5) residence permitmeans a permit issuedto an alien for a purpose other than tourismor a comparable short-term residenceentitling the alien to enter the countryrepeatedly and stay in the country;

5 a) long-term resident's EC residencepermit means a status and residence permit

specified in the Council Directive2003/109/EC concerning the status of third-country nationals who are long-termresidents, issued to a third-country nationalby a Member State of the European Union;(358/2007)

6) residence permit for an employed personmeans a permit required from an alien forresidence in Finland or on board a Finnishvessel if the alien intends to have suchgainful employment to which he or shewould not have the right under anotherresidence permit or without a residence

permit;7) residence permit for a self-employedpersonmeans a permit required from an alienfor residence in Finland if the alien intends topursue a trade;

8) gainful employment means workingagainst payment in an employmentrelationship in the private or public sector orsome other employment relationship;

9) self-employed person means a person


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who pursues a trade or profession in his orher own name (person pursuing a trade) or is

comparable to such a person on the basis ofhis or her corporate responsibility;

10) Refugee Convention means theConvention relating to the Status of Refugees(Treaty Series of the Statute Book of Finland77/1968);

11) refugeemeans an alien who meets thecriteria laid down in Article 1 of the RefugeeConvention;

12) refugee status means status granted toan alien acknowledged as a refugee;

12 a) subsidiary protection status means astatus granted to an alien eligible for

subsidiary protection; (323/2009)13) international protection means refugeestatus, subsidiary protection status or aresidence permit granted on the basis ofhumanitarian protection; (323/2009)

14) asylum means a residence permitissued to a refugee under the asylumprocedure;

15) sponsor means a person residing inFinland whose residence is the basis forapplying for a residence permit on the basisof family ties for a family member abroad;

16) Council Regulation on determining theState responsible for examining an asylum

application means Council Regulation (EC)No 343/2003/EC of 18 May 2003 onestablishing the criteria and mechanisms fordetermining the Member State responsiblefor examining an asylum application lodgedin one of the Member States by a third-country national;

17) Schengen Convention means theConvention implementing the SchengenAgreement of 14 June 1985 on the gradualabolition of checks at common bordersconcluded in Schengen on 19 June 1990;

18) Schengen acquis means a set of rules

integrated on 1 May 1999 under the Treaty ofAmsterdam as part of the acquis of theEuropean Union, which comprise the 1985Schengen Agreement, the 1990 SchengenConvention, the accession agreements of theMember States and the decisions anddeclarations issued by the SchengenExecutive Committee, and any provisionsissued under the acquis at a later stage;

19) Schengen Statemeans a State applying

the Schengen aquis;20) Schengen area means the area of

Schengen States;21) border control authority means the

Border Guard or other authority entitled toperform border checks referred to in theBorder Guard Act (578/2005); (619/2006)

22) trafficking in human beings means thetrafficking and aggravated trafficking inhuman beings referred to in chapter 25,section 3 and 3a of the Penal Code(39/1889); (619/2006)

23) victim of trafficking in human beingsmeans an alien who, on reasonable grounds,can be suspected of having become a victim

of trafficking in human beings. (619/2006)

Section 4

Relationship with other Acts

(1) The provisions of the AdministrativeProcedure Act (434/2003) shall be observedin processing matters referred to in this Actunless otherwise provided by law. Theprovisions of the Administrative JudicialProcedure Act (586/1996) shall be observedin appeal matters referred to in this Actunless otherwise provided by law.

(2) The provisions of the AdministrativeProcedure Act apply to asylum interviewsconducted by the police to establish thegrounds for applications for asylum. Theprovisions of the Police Act (493/1995) onpolice investigation apply to establishing bythe police the requirements for aliens entryinto, residence in and removal from thecountry and asylum seekers identity, entryinto the country and travel routes.

(3) The provisions of section 27 of theBorder Guard Act apply to investigationscarried out by the Border Guard under this

Act. (581/2005)(4) In addition, the provisions of theTerritorial Surveillance Act (755/2000) applyto the entry into the country of militarypersons in the service of foreign States.

Section 5

Respect for the rights of aliens


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The application of this Act may not restrictaliens rights any more than necessary.

Section 6

Applying the Act to minors

(1) In any decisions issued under thisAct that concern a child under eighteen yearsof age, special attention shall be paid to thebest interest of the child and to circumstancesrelated to the childs development and health.

(2) Before a decision is made concerninga child who is at least twelve years old, the

child shall be heard unless such hearing ismanifestly unnecessary. The childs viewsshall be taken into account in accordancewith the childs age and level ofdevelopment. A younger child may also beheard if the child is sufficiently mature tohave his or her views taken into account.

(3) Matters concerning minors shall beprocessed with urgency.

Section 6a (549/2010)

Medical Age Assessment

(1) A medical age assessment may becarried out to establish the age of a sponsoror an alien applying for a residence permit ifthere are reasonable grounds for suspectingthe reliability of the information the personhas given on his or her age.

(2) The performance of an examinationrequires that the person to be tested has givenan informed consent in writing of his or herown volition. The written consent of his orher parent or guardian or other legalrepresentative is also required.

(3) Anyone who refuses to undergo an

examination is treated as an adult if there areno reasonable grounds for refusal. A refusalto undergo an examination may not as suchconstitute grounds for rejecting anapplication for international protection.

(4) Before obtaining consent, the applicantor sponsor and the applicants or sponsorsparent, guardian or other legal representativeshall be given information on the importanceof age assessment, the examination methods

used, potential health effects, and theconsequences of having and of refusing an

examination. The information shall be givenin the native language of the applicant orsponsor and the applicants or sponsorsparent, guardian or legal representative or ina language which he or she may reasonablybe expected to understand.

Section 6b (549/2010)

Performance of a medical age assessment

(1) A medical age assessment to establishthe age of a sponsor or an alien applying for

a residence permit in Finland is carried outby the University of Helsinki, Hjelt Institute,Department of Forensic Medicine at therequest of the police, Border Guard orFinnish Immigration Service. Two expertsshall draw up a joint assessment. At least oneof the experts shall be an employee of theUniversity of Helsinki, Hjelt Institute,Department of Forensic Medicine. An expertmay be an approved medical practitioner oran approved dentist with the necessarycompetence.

(2) Actions required for the examinationmay also, at the request of the University of

Helsinki, Hjelt Institute, Department ofForensic Medicine, be performed by centralhospitals, municipal health centres or privatehealth care units. Persons performing actionsnecessary for examinations shall be healthcare professionals. For the purpose of theexamination, an official of the police, BorderGuard or the Finnish Immigration Serviceshall establish the identity of the person to beexamined. The parent, guardian or otherlegal representative of the person to beexamined has the right to be present whenthe examination is performed.

(3) Further provisions on the performanceof examinations may be given byGovernment decree.

Section 7

General administrative procedures

(1) The authorities deciding on a mattershall give the person concerned an estimate


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of the time required for issuing the decision.(2) The authorities shall ensure that the

matter is investigated. The person concernedshall present the grounds for his or her claimand generally contribute to the investigationof his or her matter. The authorities shall tellthe person concerned what furtherclarification needs to be presented in thematter. A request for clarification shall bespecified and in proportion to the means forclarification available to the personconcerned, considering his or hercircumstances.

(3) If the decision to be issued on thematter might significantly influence another

decision pending on a similar matter, thesematters shall be prepared jointly and thedecisions issued simultaneously, if possible,unless joint processing of these matterscauses harmful delay.

Section 8

Appearing in person and using attorneys andcounsels

(1) An administrative matter under thisAct shall be filed in person unless otherwiseprovided hereafter. To clarify the matter, a

person staying in Finland may also berequired to appear before the authorities to beheard. A person who fails to comply with theobligation to appear before the authorities tobe heard may be ordered to be brought beforethe authorities. Provisions on the obligationof the police to provide executive assistanceare laid down in the Police Act.

(2) When an administrative matter isfiled and handled, the person concerned mayuse a counsel. When an administrative matteris filed and handled, the person concernedmay also use an attorney when it is not

necessary to hear him or her in person or ifhis or her appearance in person is notnecessary for investigating the matter orestablishing his or her identity.

(3) When an appeal under this Act isfiled or handled, the person concerned mayuse a counsel or attorney. An alien may berequired to appear in court in person asprovided in the Administrative JudicialProcedure Act.

(4) Separate provisions shall be issuedon the competence of counsels and attorneys

and their obligation of secrecy.

Section 9

Legal aid

(1) Provisions on aliens right to legalaid are laid down in the Legal Aid Act(257/2002).

(2) However, when an administrativematter is being handled, the counsel assignedto an alien may also be a person with legaltraining other than a public legal aid attorney.

(3) When handling a matter referred toin this Act, a court may grant legal aid to analien without requiring a statement on thefinancial position of the applicant for legalaid. The counsels fee is paid out of Statefunds as provided in the Legal Aid Act.

Section 10

Using interpreters or translators

(1) Aliens have the right to use aninterpreter when an administrative matter oran appeal under this Act is being handled.

The authorities shall ensure interpretation asprovided in section 203. In addition, aliensmay also use an interpreter or translator attheir own expense in an administrative matteror an appeal.

(2) An interpreter or translator procuredby authorities may not be a person whoseconnection with the person or matterconcerned may jeopardize his or herreliability or the safety of the personconcerned.

(3) Separate provisions shall be issuedon interpreters obligation to secrecy.

Section 10 a (619/2007)

E-transactions

(1) The Act on Electronic Services andCommunication in the Public Sector(13/2003) applies to e-transactions.

(2) If an application has been filedelectronically, the processing fee must be


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paid before the processing of the applicationis started.

Chapter 2

Entry into Finland

Section 11

Requirements for entry

(1) Aliens may enter Finland if:1) they hold a required valid travel

document that entitles them to cross theborder;

2) they hold a required valid visa, residencepermit or residence permit for an employedor self-employed person, unless otherwiseprovided by European Community law orany agreement binding on Finland;

3) they can, if necessary, producedocuments which indicate the purpose oftheir intended stay and prove that therequirements for entry are met, and they canprove that they have the secure means ofsupport, considering both the projectedlength of their stay and their return to thecountry of departure or transit to a thirdcountry to which they are certain to be

admitted, or that they can legally acquiresuch funds;

4) they have not been prohibited fromentering the country; and

5) they are not considered a danger topublic order, security or health or Finlandsinternational relations.

(2) Provisions on the grounds for refusalof entry are laid down in section 148.

Section 12 (581/2005)

Provisions on border crossing

Provisions on the crossing of the border,border crossing points and their openinghours and on sharing the border check tasksamong the Border Guard, Police andCustoms at different border crossing pointsare laid down in the Border Guard Act and inthe provisions issued under it.

Section 13

Passports

(1) When entering and staying inFinland, aliens shall hold a valid passportissued by the authorities of their homecountry or country of residence, which shallbe presented to border control authorities orthe police upon request.

(2) An aliens passport shall state theholders name, date of birth, sex andcitizenship and the validity, issuer and placeof issue of the passport. In addition, thepassport shall include a photograph fromwhich the holder of the passport is easilyrecognizable.

(3) An aliens spouse and children undersixteen years of age travelling with thepassport holder may use the aliens passportif their names and dates of birth are stated inthe passport and the passport includes aphotograph of the spouse and a photographof each child over seven years of age.

(4) Unless a passport states a specificarea of validity, it is considered to be valid inFinland.

Section 14

Approving passports

Further provisions on passports approvedfor aliens entry and residence in Finlandmay be given by decree of the Ministry forForeign Affairs. Provisions on exceptions tothe requirements for the content of a passportreferred to in section 13(2) and (3) necessaryfor supervising aliens entry andsafeguarding their residence in the country,may be issued by decree of the Ministry forForeign Affairs. Before issuing such adecree, the Ministry for Foreign Affairs shallconsult the Ministry of the Interior.

Section 15

Documents substituting for passports

(1) A document that meets therequirements laid down in section 13(2) and(3) may be accepted as a substitute for apassport entitling its holder to enter and stayin the country. Further provisions on such


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documents may be issued by decree of theMinistry for Foreign Affairs. The Ministry of

the Interior shall be consulted when such adecree is prepared.

(2) For special reasons, border controlauthorities may, in individual cases, accept asa temporary passport an identity card orcorresponding document which does notmeet the requirements for passports set inthis Act.

Section 16

Group passports

(1) A passport stating the names anddates of birth of a group of aliens travellingtogether is approved as a group passport forthe group. The persons entered in the grouppassport shall be citizens of the State thatissued the group passport.

(2) The leader of the group shall carry apersonal passport. Each person entered in thegroup passport shall carry an identity cardissued by the authorities of his or her homecountry unless the group passport includesphotographs of the members of the groupcertified by the stamp of the authorities.

(3) Upon entry into and departure from

the country, the leader of the group shall,upon request, submit a list of all thosetravelling under the group passport to bordercontrol authorities. The list shall contain thenames and dates of birth of the members ofthe group.

Chapter 3

Visas

Section 17

Provisions applied to processing visa matters

Instead of the Administrative ProcedureAct, the provisions of this Act and thecommon consular instructions for diplomaticand consular missions complying with theSchengen acquis apply to the filing andprocessing of applications for visas, decision-making procedures, grounds for and contentsof decisions and notification of decisions.

Section 18

Abolishing visas and visa requirement

(1) EU citizens and comparable personsmay enter and stay in Finland without a visaif they hold a travel document accepted inFinland.

(2) Provisions on States whose citizensshall apply for visas and States whosecitizens do not need a visa for entry into andshort-term residence in the Schengen area arelaid down by Council Regulation.

(3) Provisions on visa-free travel for

holders of a refugee travel document are laiddown in the European Agreement on theAbolition of Visas for Refugees (TreatySeries of the Statute Book of Finland36/1990).

Section 19

Visa requirement at the expiry of a visa-freestay

Aliens whose visa-free stay in theSchengen area has expired are required toobtain a visa or residence permit.

Section 20

Types of Schengen visas

(1) The types of Schengen visas are asingle-entry visa, multiple-entry visa, transitvisa, airport transit visa and re-entry visa.

(2) A single-entry visa may be issued fora single entry into the Schengen area and astay of a maximum of three months. Amultiple-entry visa may be issued for two ormore entries into the Schengen area. The

total combined stay of the holder of amultiple-entry visa during a period of sixmonths may be a maximum of three monthsfrom the first entry into the Schengen area.

(3) A single-entry visa may be issued asa group visa entered in a group passport fortransit journey or stay of a maximum of onemonth to a minimum of five and a maximumof fifty persons who intend to participate inan artistic, scientific or sports event or who


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enter and depart from the country together astourists. A group visa is issued with regional

restrictions to seamen who transfer to orfrom a vessel in Finland together.

(4) A re-entry visa may be issued forone or several return journeys to Finlandduring the validity of the single-entry visa orwhile a residence permit matter is pending.

(5) A transit visa may be issued for one,two or, as an exception, several transitjourneys in the Schengen area lasting for amaximum of five days at a time.

(6) An airport transit visa may be issuedfor a stay in the international area of anairport in the Schengen area necessary for a

stopover or a transfer between two journeys.

Section 21

Validity of visas

(1) The days of residence permittedunder a visa may be spent within a year or ashorter period. On reasonable grounds, thedays may be spent during a period longer

than a year.(2) A visa is valid for no longer than the

expiry date of the travel document.

Section 22

Filing applications for a visa and providingapplicants with an opportunity to be heard

(1) The application process for a visa isinitiated after the applicant or his or herrepresentative has filed an application withthe mission, and paid the processing fee for it

either upon filing the application or to a bankaccount designated by the mission.(2) A valid travel document and any

necessary documents that indicate thepurpose, duration and circumstances of theapplicants intended stay shall be attached tothe application.

(3) The applicant may be invited to themission processing his or her application topresent orally the grounds for his or her

application, unless hearing the applicant inperson is manifestly unnecessary.

Section 23

General requirements for issuing visas

A visa may be issued if the alien meets therequirements for entry and if there are noreasonable grounds to suspect that the alienintends to evade the provisions on entry intoor residence in the country.

Section 24

Insurance requirement

An applicant may be required to haveinsurance issued by a reliable and well-established company or institution againstexpenses arising from an illness or accidentor from sending the applicant back, unlessotherwise provided by a bilateral agreementon social security or other internationalagreement binding on Finland. The holder ofa diplomatic or service passport does notneed travel insurance.

Section 25

Requirements for issuing Schengen visaswith regional restrictions

(1) If an aliens travel document has notbeen accepted by one or more SchengenStates while the other requirements for entryare met, a Schengen visa is issued as aregionally restricted visa only for travel tothose Schengen States that have accepted thealiens travel document.

(2) A Schengen visa is issued as aregionally restricted visa for travel to Finland

and, if necessary, to other Schengen States ifthe visa is issued for humanitarian reasons oron grounds of national interest orinternational obligations and if:

1) one of the requirements for entry laiddown in section 11 is not met; or

2) the visa is issued regardless of anobligation to consult other Schengen Statesor of a request made by another SchengenState not to issue a visa.


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number of days of residence under Schengenvisas.

Section 31

Competence to cancel visas, shorten thevalidity period for visas, reduce the number

of days of residence and invalidate visas

(1) Finnish diplomatic or consularmissions (hereinafter Finnish missions) makedecisions on cancelling visas, shortening thevalidity period for visas or reducing thenumber of days of residence entered in visas,and invalidate visas they have issued if the

alien resides outside the Schengen area.(2) Border control authorities makedecisions referred to in subsection 1 andinvalidate visas in conjunction with borderchecks.

(3) The Finnish Immigration Service,the police or border control authorities makedecisions referred to in subsection 1 andinvalidate visas if the alien resides on Finnishterritory. (973/2007)

Section 32

Notification of refusing a visa

(1) The authorities who refused a visanotify the applicant of the refusal in writing.

(2) The grounds for refusal are given tothe applicant on request. The grounds are notgiven if the refusal is based on informationon the applicant received from the authoritiesof another Schengen State or third country,or on an assumption that the applicant mayendanger public order or security, nationalsecurity or foreign relations of a SchengenState.

(3) The provisions of section 155a apply

to notifying the grounds for refusal, if thedecision concerns an EU citizens or aFinnish citizens family member to whom theprovisions in chapter 10 apply. (360/2007)

Chapter 4

Residence

General provisions

Section 33

Types of residence permits

(1) Residence permits are either fixed-term or permanent.

(2) Fixed-term residence permits areissued for a residence of temporary nature(temporary residence permit) or ofcontinuous nature (continuous residencepermit). Permit authorities decide on thepurpose of residence, taking account of theinformation given by the alien on the purposeof his or her entry into the country.

(3) Permanent residence permits are

valid until further notice. A long-termresidents EC residence permit is consideredequal with a permanent residence permit asregards its period of validity. (358/2007)

Section 34

Residence permit entries

(1) The nature of fixed-term residence isindicated in the residence permit with aletter. A continuous residence permit bearsthe letter A and a temporary residence permit

the letter B.(2) A permanent residence permit bears

the letter P. A long-term residents ECresidence permit bears the letters P-EC.(358/2007)

Section 35

Attaching residence permits to traveldocuments

(1) A requirement for issuing a residence

permit is that the alien has a valid traveldocument. However, a residence permit may

be issued even if the alien does not have avalid travel document if the permit is issuedunder section 51, 52, 52a, 87, 88, 88a, 89 or110. (323/2009)(2) An alien shall ensure that the entry

concerning a residence permit in his or hertravel document is transferred to any new

travel document he or she acquires.


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Section 36

General requirements for issuing residencepermits

(1) A residence permit may be refused ifthe alien is considered a danger to publicorder, security or health or to Finlandsinternational relations. Endangering publichealth does not, however, prevent the issuingof an extended permit, if the requirements forissuing a permit are otherwise met.Endangering international relations does not,however, prevent the issuing of a residencepermit on the basis of family ties or issuing a

residence permit to an alien who has beenissued with a long-term residents ECresidence permit by a Member State of theEuropean Union. (358/2007)

(2) A residence permit may be refused ifthere are reasonable grounds to suspect thatthe alien intends to evade the provisions onentry into or residence in the country.

(3) A residence permit by reason of familyties may be refused if there are reasonablegrounds for suspecting that the sponsor hasreceived a residence permit by circumventingthe provisions on entry or residence byproviding false information on his or her

identity or family relations. (549/2010)

Section 37

Family members

(1) When applying this Act, the spouseof a person residing in Finland, andunmarried children under 18 years of ageover whom the person residing in Finland orhis or her spouse had guardianship areconsidered family members. If the personresiding in Finland is a minor, his or her

guardian is considered a family member. Aperson of the same sex in a nationallyregistered partnership is also considered afamily member. (380/2006)

(2) Persons living continuously in amarriage-like relationship within the samehousehold regardless of their sex arecomparable to a married couple. Therequirement is that they have lived togetherfor at least two years. This is not required if

the persons have a child in their joint custodyor if there is some other weighty reason for

it.(3) When no official statement is available

on the dependency status (foster child), anunmarried child under 18 years who is underhis or her parents or guardians de facto careand custody and in need of such care andcustody on the date a decision is made on theresidence permit application shall be treatedas a child under subsection 1. Treatment asa child under subsection 1 requires reliableevidence that the childs previous parents orguardians have died or are missing and thatthe sponsor or his or her spouse was the

childs de facto guardian before the sponsorentered Finland. If the sponsor is a fosterchild residing in Finland, treatment as a childunder subsection 1 requires reliableinformation which shows that the personconcerned was the sponsors de factoguardian before the sponsor entered Finland.(549/2010)

Section 38 (549/2010)

Requirement for a child to be minor

Issuing a residence permit on the basis of

family ties to an unmarried minor childrequires that the child is a minor on the datewhen the childs residence permit applicationis decided. Issuing a residence permit to afamily member of a minor sponsor requiresthat the sponsor is minor on the date whenthe sponsors residence permit application isdecided. A further requirement for the issueof a residence permit is that the sponsor hada residence permit on the date the matter wasinitiated.

Section 39

Requirement for means of support whenissuing a residence permit

(1) Issuing a residence permit requiresthat the alien has secure means of supportunless otherwise provided in this Act. Inindividual cases, an exemption may be madefrom the requirement for means of support ifthere are exceptionally weighty reasons forsuch an exemption or if the exemption is in


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scheduled service traffic, calls at least twoforeign ports in addition to a Finnish port.

The cruise vessel may not take or leavepassengers while in Finland.

(2) Persons participating in a cruise onboard a passenger ship registered forpassenger traffic may land without a traveldocument or visa when the ship is in Finland.Border control authorities shall be given alist of passengers confirmed by the master ofthe ship before landing. Cruise participantsshall return to the ship before it proceeds toanother port of call.

Section 44

Ship, aircraft and train crews

(1) Seamen holding a seamans identitydocument referred to in the Conventionconcerning Seafarers National IdentityDocuments (Treaty Series of the StatuteBook of Finland 64/1970) have the right toland at the place where the port is locatedwithout a travel document or visa during thetime the ship on which they are servingusually remains in port. Seamen shall returnto the ship before it proceeds to another portof call.

(2) Members of the crew of an aircrafthave the right to enter and leave the countryin conjunction with a flight that is part oftheir normal engagement without a traveldocument or visa if they hold an identitydocument with a photograph issued by theaviation authorities of the home countryreferred to in Annex 9 of the Convention onInternational Civil Aviation (Treaty Series ofthe Statute Book of Finland 11/1949).Members of the crew of an aircraft shallleave the country on the next scheduled flightunder their engagement.

(3) Railway employees engaged inrailway shipments may travel to a cross-border handover point on the train and stay atthe cross-border handover point if theyproduce an identity document with aphotograph as agreed separately in theagreement on railway transit traffic betweenFinland and Russia (Treaty Series of theStatute Book of Finland 48/1997).

(4) Seamen or members of an aircraft or

train crew who have been prohibited fromentering the country or are considered a

danger to public order and security or publichealth do not have the right to enter or residein the country mentioned in subsections 1-3.

Requirements for issuing fixed-termresidence permits

Section 45

Issuing temporary residence permits topersons residing abroad

(1) Temporary residence permits areissued to persons residing abroad for:1) working on a temporary basis;2) pursuing a trade on a temporary

basis;3) studying; or4) other special reasons.(2) A residence permit for an employed

person or other residence permit is issued forworking on a temporary basis. A residencepermit for a self-employed person is issuedfor pursuing a trade on a temporary basis.Further provisions on issuing a residencepermit for an employed or self-employed

person are laid down in Chapter 5.(3) Family members of an alien who has

been issued with a temporary residencepermit are issued with a temporary residencepermit for the same period.

Section 46 (486/2006)

Issuing residence permits for studying

An alien who has been accepted into aneducational institution in Finland as a studentis issued with a temporary residence permit

as provided in section 45(1)(3) for studiesleading to a degree or vocationalqualification or, on reasonable grounds, forother studies. Issuing a residence permitrequires that the alien has taken out insurancewith a solvent and reliable company orinstitution covering health care services. Itthe estimated duration of the course of studyis at least two years, it is sufficient for theinsurance to cover the costs of medicines.


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Section 47

Issue of continuous residence permits topersons residing abroad

(1) A continuous residence permit isissued to a person residing abroad:

1) if the person has been a Finnish citizenor if at least one of his or her parents orgrandparents is or has been a Finnish citizenby birth;

2) for employment of continuous nature;

3) for pursuing a trade of continuousnature; or4) for carrying out scientific research

projects referred to in Council Directive2005/71/EC on a specific procedure foradmitting third-country nationals for thepurposes of scientific research (Directive onresearchers).(516/2008)

(2) A residence permit for an employedperson or other residence permit is issued forcontinuous employment. A residence permitfor a self-employed person is issued forpursuit of a trade of continuous nature.

Further provisions on issuing a residencepermit for an employed or self-employedperson are laid down in Chapter 5.

(3) Family members of an alien who hasbeen issued with a continuous or permanentresidence permit are issued with a continuousresidence permit. Family members of analien are issued with a continuous residencepermit, if the alien, as a family member of anEU citizen, has been issued with a residencecard referred to in Chapter 10 and he or shehas retained his or her right of residence on apersonal grounds basis under section 161d or

161e. (360/2007)(4) Issuing a continuous residencepermit under subsection 1(1) does not requirethat the alien or his or her family membershave secure means of support.

(5) If an alien has been issued with acontinuous or permanent residence permit onthe basis of family ties, and the family tiethat was the basis for issuing the permit isbroken, a member of his or her family

residing abroad may be issued with acontinuous residence permit, provided that

the family member has secure means ofsupport. When making a decision, however,account shall be taken of the possibility ofthe person already living legally in Finland toreturn to his or her home country or anothercountry to live with his or her family there, ifall his or her family ties can be considered tolie there.

Section 47a (516/2008)

Approval of research institutes

(1) The Ministry of Education shallapprove a research institute to host aresearcher under the admission procedurereferred to in the Directive on researchers, ifthe research institute has as its tasks orcorporate purposes to conduct scientificresearch.

(2) The decision shall specify the period ofapproval granted for a research institute, theminimum being five years. The approvalmay be granted for a period shorter than fiveyears, if there are reasonable grounds for it.

Section 47b (516/2008)

List of approved research institutes

The Ministry of Education shall publish alist of approved research institutes andupdate it at least once a year.

Section 47c (516/2008)

Refusal to renew or withdrawal of approvalsof research institutes

The Ministry of Education may refuse to

renew or decide to withdraw the approval ofa research institute if the research instituteapplying for an approval has knowinglygiven false information on the tasks orcorporate purposes of the research institute orother matters relevant to the decision, orconcealed information that might haveprevented the approval of the researchinstitute.


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Section 47d (516/2008)

Hosting agreement

(1) A research institute wishing to host aresearcher under the Directive on researchersshall sign a hosting agreement with the latter.In the hosting agreement, the alienundertakes to complete the scientific researchproject under the Directive on researchers,and the research institute undertakes to hostthe alien for that purpose.

(2) A research institute may sign a hostingagreement if:1) it has accepted the research project, after

examination of:a) the purpose and duration of the scientific

research project, and the availability of thenecessary financial resources for it to becarried out;

b) the foreign researchers qualifications2) during his or her stay the alien has

sufficient monthly resources to meet his orher expenses and return travel costs;

3) the alien stays a maximum of fourmonths in Finland and has a health insurance

with a solvent and reliable company orinstitution, or a statutory health insuranceprovided by a State covering his or her healthcare costs;

4) the hosting agreement specifies the legalrelationship and working conditions of thealien.

Section 47e (516/2008)

Issue of residence permits for scientificresearch

(1) An alien is issued with a residencepermit for scientific research referred to inthe Directive on researchers if:

1) he or she has signed a hosting agreementwith a research institute;

2) he or she meets the requirements forsigning a hosting agreement; and

3) he or she does not cause a danger topublic order, security or health.

(2) The research institute shall provide the

licensing authority with information on thefulfilment of the requirements for the hosting

agreement before the alien is issued with aresidence permit.

Section 47f (516/2008)

Expiry of hosting agreement

(1) The hosting agreement expires whenthe researcher has finished his or herresearch. The hosting agreement isterminated before the research has beencompleted if the alien is not admitted to thecountry or if the legal relationship that is the

condition for signing the hosting agreementis terminated, or if the Ministry of Educationrefuses to renew or withdraws the approvalof the research institute.

(2) The research institute shall notify theMinistry of Education and the authority thatissued the residence permit that the researchhas been completed. The notification shall begiven within two moths of the completion ofthe research.

(3) The research institute shall withoutdelay inform the Ministry of Education ofany circumstances that prevent theimplementation of the hosting agreement.

Section 48

Issue of residence permits to persons comingfrom the former Soviet Union

(1) In addition to what is otherwiseprovided in this Act, a person from theformer Soviet Union is issued with acontinuous residence permit:

1) if the applicant belonged to the peopleevacuated from Ingria to Finland in 1943 or1944 and returned to the Soviet Union after

the war;2) if the applicant served in the Finnisharmy during the period 1939-1945; or

3) if the applicant or one of his or herparents or at least two of his or her fourgrandparents are or have been entered in adocument as Finnish nationals and theapplicant is sufficiently proficient in Finnishor Swedish.

(2) A residence permit is also issued to


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family members of a person referred to insubsection 1 and to children in his or her

custody who have not reached the age ofeighteen years before the applicant is issuedwith a residence permit on groundsmentioned in subsection 1.

(3) A further requirement for issuing aresidence permit is that:

1) the applicant has registered as a returneeat a Finnish mission;

2) in the case referred to in subsection 1(3),the applicant takes part in re-entry orientationgiven in the country of departure andpresents a certificate of passing a languageexamination arranged by Finnish authorities,

which proves that the applicant has therequired proficiency in Finnish or Swedishfor level A2 on the scale of assessment oflanguage skills under the Council ofEuropes Common European Framework ofReference for Languages, unlessparticipation in re-entry orientation or alanguage examination is consideredunreasonable with regard to the applicantscircumstances; and

3) the applicant has access toaccommodation in Finland.

(4) The applicants Finnish originreferred to in subsection 1(3) is proven with

original documents or, if this is not possible,in some other reliable manner.

(5) Issuing a residence permit referred toin this section does not require that theapplicant or his or her family members havesecure means of support.

(6) Further provisions on the grounds forand arrangement of language examinationsreferred to in subsection 3(2) may be givenby Government decree.

Section 49

Issue of first fixed-term residence permits toaliens who have entered the country withoutresidence permits

(1) An alien who has entered the countrywithout a residence permit is issued with atemporary or continuous residence permit inFinland if the requirements for issuing such aresidence permit at a Finnish diplomatic orconsular mission abroad are met, and if:

1) the alien or at least one of his or herparents or grandparents is or has been a

Finnish citizen by birth;2) the alien has already, before entering

Finland, lived together with his or hermarried spouse who lives in Finland, or hascontinuously lived together for at least twoyears in the same household in a marriage-like relationship with a person who lives inFinland;

3) refusing a residence permit for anemployed or self-employed person appliedfor in Finland would be unfounded from thealiens or employers point of view;

4) the alien has before entering Finland

resided in another Member State for thepurposes of carrying out scientific researchreferred to in the Directive on researchers,and applies for a residence permit in Finlandfor the same purpose or is a family memberof such a person; or

5) refusing a residence permit would bemanifestly unreasonable.(516/2008)

(2) A temporary or continuous residencepermit is issued on the same grounds as anequivalent permit applied for abroad.

(3) Correspondingly, the provision insubsection 1(2) applies to registered

partnerships of the same sex and to marriage-like relationships of two persons of the samesex living continuously together in the samehousehold.

Section 49a (358/2007)

Issuing residence permits to third-countrynationals who have been issued with a long-

term residents EC residence permit byanother Member State of the European

Union, and to their family members

(1) A third-country national who hasbeen issued with a long-term residents ECresidence permit by another Member State ofthe European Union is issued with a fixed-term residence permit applied for in Finlandor abroad:

1) for exercising an economic activity in anemployed or self-employed capacity;

2) for pursuing studies or vocationaltraining; or


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3) for other purposes.(2) A residence permit is issued as a

temporary or continuous permit, taking thenature of the intended stay into account.

(3) A residence permit for an employedperson or some other residence permit isissued for the purpose of employment. Aresidence permit for a self-employed personis issued for the purpose of pursuing a trade.Further provisions on the issuing of aresidence permit for an employed person anda residence permit for a self-employedperson are given in Chapter 5.

(4) When a third-country national with along-term residents EC residence permit

issued by another Member State of theEuropean Union is issued with a temporaryor continuous residence permit, the familymembers are also issued with a temporary orcontinuous residence permit in Finland forthe same period of time, whether applied forin Finland or abroad.

Section 50 (360/2007)

Issuing residence permits to family membersof Finnish citizens

(1) Family members of a Finnish citizen

living in Finland and minor unmarriedchildren of the family members are issuedwith a continuous residence permit on thebasis of family ties upon application filed inFinland or abroad.

(2) Relatives other than family membersof a Finnish citizen living in Finland areissued with a continuous residence permit ifrefusing a residence permit would beunreasonable because the persons concernedintend to resume their close family life inFinland or because the relative is fullydependent on the Finnish citizen living in

Finland. Such other relatives must remainabroad while the application is processed.(3) If a Finnish citizen has used the right

of movement laid down in the Directive2004/38/EC of the European Parliament andof the Council amending Regulation (EEC)No 1612/68 and repealing Directives64/221/EEC, 68/360/EEC, 72/194/EEC,73/148/EEC, 75/34/EEC, 75/35/EEC,90/364/EEC, 90/365/EEC and 93/96/EEC

(Free Movement Directive), by moving toanother Member State or by residing in

another Member State and the familymember has accompanied or joined him orher, provisions in Chapter 10 apply to theentry and residence of the family member.

(4) Issuing a residence permit referred toin this section does not require the alien tohave secure means of support.

Section 50a (360/2007)

Issuing residence permits to family membersof EU citizens residing in Finland

(1) A family member of an EU citizen ora comparable person who is living in Finlandand has registered his or her residence or thefamily members minor children whose rightof residence cannot be registered or approvedunder Chapter 10 are issued with acontinuous residence permit on the basis offamily ties. The residence permit is issuedupon application filed in Finland or abroad.

(2) Issuing a residence permit referred toin this section to a family member of aNordic citizen or to his or her minor child,does not require the alien to have secure

means of support.

Section 51

Issuing residence permits in cases wherealiens cannot be removed from the country

(1) Aliens residing in Finland are issuedwith a temporary residence permit if theycannot be returned to their home country orcountry of permanent residence fortemporary reasons of health or if they cannotactually be removed from the country.

(2) Issuing a residence permit does notrequire that the alien have secure means ofsupport.

(3) If aliens are issued with a residencepermit under subsection 1, their familymembers residing abroad are not issued witha residence permit on the basis of family ties.


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Section 52

Issuing residence permits on compassionategrounds

(1) Aliens residing in Finland are issuedwith a continuous residence permit ifrefusing a residence permit would bemanifestly unreasonable with regard to theirhealth, ties to Finland or on othercompassionate grounds, particularly inconsideration of the circumstances they

would face in their home country or of theirvulnerable position.(2) Issuing a residence permit does not

require that the alien have secure means ofsupport.

(3) If aliens are issued with a residencepermit under subsection 1, their familymembers are issued with a residence permitunder section 47(3).

(4) If unaccompanied minor childrenwho have entered Finland are issued with aresidence permit under subsection 1, theirminor siblings residing abroad are issuedwith a continuous residence permit. A

requirement for issuing a residence permit isthat the children and their siblings have livedtogether and that their parents are no longeralive or the parents whereabouts areunknown. Another requirement for issuing aresidence permit is that issuing the permit isin the best interest of the children. Issuing aresidence permit does not require that thealien have secure means of support.

Section 52a (619/2006)

Issuing a residence permit for a victim of

trafficking in human beings

(1) A victim of trafficking in humanbeings staying in Finland is issued with atemporary residence permit if:

1) the residence of the victim of traffickingin human beings in Finland is justified onaccount of the pre-trial investigation or courtproceedings concerning trafficking in humanbeings;

2) the victim of trafficking in humanbeings is prepared to cooperate with the

authorities so that those suspected oftrafficking in human beings can be caught;and

3) the victim of trafficking in humanbeings no longer has any ties with thosesuspected of trafficking in human beings.

(2) If the victim of trafficking in humanbeings is in a particularly vulnerableposition, the residence permit may be issuedon a continuous basis regardless of whetherthe requirements laid down in subsection1(1) and (2) are met.

(3) Issuing the residence permit is not

conditional on the alien having secure meansof support.(4) If a victim of trafficking in human

beings is issued with a temporary residencepermit, his or her family members stayingabroad are not issued with a residence permiton the basis of family ties. If he or she isissued with a continuous residence permit,family members are issued with a residencepermit under section 47(3).

Section 52b (619/2006)

Reflection period for a victim of trafficking in

human beings

(1) Before issuing a residence permitlaid down in section 52a, a reflection periodof at least thirty days and a maximum of sixmonths may be granted to a victim oftrafficking in human beings.

(2) During the reflection period, a victimof trafficking in human beings must decidewhether he or she will cooperate with theauthorities referred to in section 52a(1)(2).

(3) The reflection period may besuspended if the victim of trafficking in

human beings has voluntarily and on his orher own initiative re-established relationswith those suspected of trafficking in humanbeings or if this is necessary on the groundsmentioned in section 36(1).

Section 52c (619/2006)

Deciding on the reflection period


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(1) The District Police or a bordercontrol authority shall decide on granting and

suspending the reflection period.(2) The victim of trafficking in human

beings is notified of the reflection period andits suspension in writing. The notificationmust give the purpose, start date and durationof the reflection period, make clear that thereflection period may be suspended, and givethe grounds for suspending the reflectionperiod.

Section 53

Validity of first fixed-term residence permits

(1) First fixed-term residence permitsare issued for one year, however for nolonger than the validity period for the traveldocument, unless requested for a shorterperiod.

(2) If a residence permit is issued on thebasis of family ties, the validity period forthe residence permit must not, however,exceed the validity period for the familymembers residence permit which was thebasis for issuing the residence permit.

(3) A residence permit may be issued fora period longer or shorter than one year if it

is issued for carrying out a legal act, anassignment or studies that will be completedwithin a set period. However, the duration ofa fixed-term residence permit must notexceed two years.

(4) An alien who is or has been aFinnish citizen, or who has at least oneparent or grandparent who is or has been aFinnish citizen by birth, is issued with afixed-term residence permit for a period offour years, unless requested for a shorterperiod.(5) A member of the staff of a

diplomatic or consular mission of a foreignState or his or her family member may beissued with a residence permit for theduration of the entire announced term ofoffice.

(6) A victim of trafficking in human beingsis issued with a residence permit for at leastsix months and for a maximum of one year.(619/2006)

(7) A residence permit on the basis of

refugee status or subsidiary protection isissued for four years. (323/2009)

Requirements for issuing extended permits orpermanent residence permits

Section 54 (34/2006)

Issuing extended permits

(1) A new fixed-term residence permit isissued if the requirements under which thealien was issued with his or her previousfixed-term residence permit are still met.

(2) If an alien has been issued with aresidence permit on the basis of internationalprotection, a new fixed-term residence permitis issued, unless it is likely on the basis offacts that have emerged that the requirementsunder which the alien was issued with theprevious fixed-term residence permit are nolonger met.

(3) An alien who has been issued with atemporary residence permit for employmentor pursuing a trade under section 45(1) isissued with a continuous residence permitafter two years of continuous residence in thecountry, if the requirements for issuing the

permit are still met.(4) An alien who has been issued with a

temporary residence permit for studyingunder section 45(1)(3) is issued with a newtemporary residence permit for seeking workafter he or she has received a degree or otherqualification.

(5) An alien who has been issued with atemporary residence permit under section 51because he or she cannot be removed fromthe country and a victim of trafficking inhuman beings who has been issued with atemporary residence permit are issued with a

continuous residence permit after acontinuous residence of two years in thecountry if the circumstances on the basis ofwhich the alien was issued with the previousfixed-term permit are still valid.

(6) A new fixed-term residence permit isissued on new grounds if such groundswould qualify the alien for the first residencepermit. An alien who has been issued with atemporary or continuous residence permit on


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the basis of family ties may be issued with aresidence permit on the basis of close ties to

Finland after these family ties are broken.

Section 55 (34/2006)

Duration of extended permits

(1) A new fixed-term residence permit isissued for a maximum of four years.(358/2007)

(2) The provisions of section 53 on theduration of the first fixed-term residencepermit apply to the cases referred to insection 54(3) and (5) if the temporary

grounds for a residence permit becomepermanent.(3) If a residence permit is issued on the

basis of family ties, the validity period forthe fixed-term residence permit must not,however, exceed the validity period of thesponsors fixed-term residence permit usedas the basis for issuing the residence permit.

(4) A person who has received a degreeor other qualification in Finland is issuedwith a temporary residence permit undersection 54(4) for one six-month period fromthe expiry of the previous residence permit.

Section 56 (380/2006)

Issuing permanent residence permits

(1) A permanent residence permit isissued to aliens who, after being issued witha continuous residence permit, have residedlegally in the country for a continuous periodof four years if the requirements for issuingan alien with a continuous residence permitare still met and there are no obstacles toissuing a permanent resident permit underthis Act. Residence is considered continuous

if an alien has resided in Finland for at leasthalf the validity period of the residencepermit. Absence resulting from ordinaryholiday or other travel or work at a work siteabroad on secondment by a Finnish employeris not considered an interruption ofcontinuous residence.

(2) An alien who has been issued with afixed-term residence permit on the basis offamily ties may be issued with a permanent

residence permit even though the sponsordoes not meet the requirements for the

issuing of a permanent residence permit.(3) The period of four years is calculated

from the date of entry into the country if thealien held a residence permit for continuousresidence upon entry. If the residence permitwas applied for in Finland, the period of fouryears is calculated from the first day of thefixed-term residence permit issued for thefirst continuous residence in the country.

(4) If a person has been issued with aresidence permit on the basis of refugeestatus, subsidiary protection or humanitarianprotection, the period of four years is

calculated from the date of entry into thecountry. (323/2009)

Section 56 a (358/2007)

Issuing long-term residents EC residencepermits

(1) A long-term residents EC residencepermit is issued to a third-country nationalwho, after being issued with a continuousresidence permit, has resided legally in thecountry for a continuous period of five yearsimmediately before submitting a residence

permit application, if the requirements forissuing a continuous residence permit are stillmet and there are no obstacles to issuing along-term residents EC residence permitunder this Act.

(2) Periods of residence outside Finlandnot exceeding six consecutive months do notinterrupt continuous residence in Finland ifthe periods of absence do not, however,exceed ten months in total. For specialreasons residence may be consideredcontinuous despite periods of absence thatexceed the periods of time mentioned above,

which, however, are not included in the totalperiod of residence.(3) The period of five years is calculated

from the first day of the fixed-term residencepermit issued for the first continuousresidence in the country or the date of entry,if the third-country national had a continuousresidence permit when he or she entered thecountry.

(4) Beneficiaries of international


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protection are not issued with a long-termresidents EC residence permit.

Section 57

Obstacles to issuing permanent residencepermits and long-term residents EC

residence permits (358/2007)

(1) A permanent residence permit and along-term residents EC residence permitmay be refused if the alien:

1) is found guilty of an offence punishableby imprisonment:

2) is suspected of an offence punishable by

imprisonment;3) is found guilty of two or more offences;or

4) is suspected of two or more offences.(358/2007)

(2) The sentence passed for an offenceneed not be final. When the obstacles toissuing a residence permit are beingconsidered, the nature and seriousness of thecriminal act, the length of the alien'sresidence in Finland and his or her ties toFinland must be taken into account.(358/2007)

(3) If an alien has been sentenced to

unconditional imprisonment, a permanentresidence permit may be issued if, on thedate of decision on the application, threeyears have passed since the alien served hisor her sentence in full. If the alien has beensentenced to conditional imprisonment, apermanent residence permit may be issued ifmore than two years have passed since theprobation ended. In other cases, a permanentresidence permit may be issued if the offencewas committed more than two years beforethe date of decision on the application.

Cancellation and expiry of residence permits

Section 58 (358/2007)

Cancelling residence permits

(1) A fixed-term or permanent residencepermit is cancelled if the alien has moved outof the country permanently or has

continuously resided outside Finland for twoyears for permanent purposes.

(2) A long-term residents EC residencepermit is cancelled if the alien has residedoutside the territory of the European Unionfor two consecutive years or outside Finlandfor six consecutive years.

(3) In the case referred to in subsection 1or 2, an alien may, before the expiry of theperiods mentioned above, file an applicationto prevent the cancellation of his or herresidence permit. If the application isgranted, the decision must state the periodduring which the residence permit is notcancelled. The application may be granted if

the alien has resided outside Finland or theCommunity for special or exceptionalreasons.

(4) A fixed-term or permanent residencepermit or a long-term residents EC residencepermit may be cancelled if false informationon the aliens identity or other mattersrelevant to the decision was knowingly givenwhen the permit was applied for, or ifinformation that might have prevented theissue of the residence permit was concealed.

(5) A fixed-term residence permit maybe cancelled if the grounds on which thepermit was issued no longer exist.

(6) A fixed-term or permanent residencepermit or a long-term residents EC residencepermit may be cancelled if a Schengen Stateasks Finland to cancel a residence permitissued to an alien by Finland on the groundsthat the alien has been prohibited fromentering another Schengen State and orderedto be removed from the Schengen area on thegrounds referred to in section 149(1)(2) and(1)(3).

Section 58a (516/2008)

Cancellation of residence permits issuedunder the Directive on researchers

(1) In addition to the provisions in section58, a fixed-term residence permit issuedunder section 47(1)(4) above may becancelled, if the hosting agreement ends orthe Ministry of Education refuses to renew orwithdraws the approval of the researchinstitute.


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(2) If the hosting agreement ends for thereason that the research has been completed,

the residence permit may be withdrawn at theearliest after six months of the completion ofthe research. If the hosting agreement endsfor the reason that the Ministry of Educationrefuses to renew or withdraws the approvalof the research institute, the residence permitmay not be withdrawn less than six monthsafter the final decision.

Section 59 (358/2007)

Expiry of residence permits

(1) A residence permit expires when analien is deported from the country or acquiresFinnish citizenship. In addition, a long-termresidents EC residence permit expires ifanother EU Member State issues him or herwith a long-term residents EC residencepermit.

(2) An entry on the expiry is made in theRegister of Aliens.

Permit procedure and competent authorities

Section 60

Applications for residence permits

(1) A first residence permit shall beapplied for abroad in the country where thealien resides legally before entering Finland.The application is filed with a Finnishmission.

(2) A residence permit may be appliedfor in Finland under sections 49, 49 a, 50-52,52a, 54, 56 and 56a. The application is filedwith the District Police. (358/2007)

(3) If the permit is issued by the

Ministry for Foreign Affairs, the applicationfor a permit may be filed with the Ministryafter the applicant has already entered thecountry.

(4) Further provisions on the applicationprocedure for residence permits may begiven by Government decree.

Section 60a (358/2007)

Application for a residence permit of a third-country national who has been issued with a

long-term residents EC residence permit inanother EU Member State and of his or her

family members, and processing theapplications

(1) A residence permit for a third-country national who has been issued with along-term residents EC residence permit inanother EU Member State and for his or herfamily members must be applied for as soonas possible and no later than within threemonths from the entry into the country. Anapplication may also be filed before the entry

into the country in the Member State thatissued the residence permit referred to above.(2) A decision on an application for a

residence permit must be made within fourmonths of the filing of the application. Thetime for processing an application may beextended by up to three months, if all thenecessary documents are not submitted withthe application or for some other specialreason.

Section 60b (358/2007)

Processing a long-term residents EC

residence permit

A decision on an application for a long-term residents residence permit must beserved on the applicant no later than sixmonths after the filing of the application. Theperiod may be extended if the processing ofthe matter has run into exceptionaldifficulties.

Section 60c (358/2007)

Reapplying for a long-term residents EC

residence permit

(1) If a long-term residents ECresidence permit has been cancelled undersection 58(2) or has expired under section59(1), a new EC residence permit is issuedon application. A permit is issued if theapplicant meets the requirement for securemeans of support laid down in section 39,and there are no obstacles to issuing a permit


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under section 36.(2) An application for a new residence

permit must be processed without delay.

Section 61

Taking temporary possession of traveldocuments

(1) The authorities may take temporarypossession of an aliens travel documentwhile a matter related to a visa, residencepermit or travel document is being processedif it is necessary for verifying the correctnessof the aliens personal data or travel

document or for entering a visa or residencepermit in the travel document.(2) The travel document shall be

returned to the alien as soon as its possessionby the authorities is no longer necessary forprocessing the matter. The alien has the rightto regain possession of the travel documenttemporarily for travelling or taking care ofnecessary affairs.

(3) Police or border control authoritiesissue a certificate of a temporary possessionof a travel document.

Section 62

Application procedure for residence permitson the basis of family ties

(1) An alien who has no residencepermit (applicant) may apply for a residencepermit abroad on the basis of family ties byfiling an application with a Finnish mission,or a sponsor may initiate the procedure byfiling an application with the District Police.

(2) To establish whether therequirements for a residence permit are met,the persons mentioned in subsection 1 shall

be provided with an opportunity to be heardbefore a decision is issued on the matter,unless the application is rejected immediatelyas unfounded. (549/2010)

Section 63 (973/2007)

Opinions on applications for a residencepermit on the basis of family ties

(1) The Finnish Immigration Service orthe District Police may obtain an opinion on

an application for a residence permit on thebasis of family ties from the social welfare orhealth care authorities of the sponsorsdomicile or place of residence. An opinionon the sponsors social situation or healthmay be requested if the sponsor is anunaccompanied minor, if the applicant is amember of the aliens extended family or ifthere is another special reason related toestablishing the familys situation.

(2) Notwithstanding any secrecyprovisions, social welfare or health careauthorities are obliged to submit in their

opinion to the Finnish Immigration Serviceor the District Police referred to in subsection1, for the purpose of an application for aresidence permit on the basis of family ties,any information that they have on thepersons social situation or health that isnecessary for a decision on issuing aresidence permit on the basis of family ties.

Section 64

Oral hearing when applying for a residencepermit on the basis of family ties

(1) When applying for a residencepermit on the basis of family ties, theapplicant, sponsor or other relative may beheard orally to establish whether therequirements for entry or for a residencepermit are met.

(2) The hearing is conducted by thepolice or by an official of a Finnish mission.The Finnish Immigration Service mayconduct the hearing if establishing the matterso requires. (973/2007)

Section 65

Establishing family ties by means of DNAanalysis

(1) The Finnish Immigration Servicemay provide an applicant or sponsor with anopportunity to prove their biological kinshipwith DNA analysis paid from State funds ifno other adequate evidence of family tiesbased on biological kinship is available and


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if it is possible to obtain material evidence ofthe family ties through DNA analysis.

(973/2007)(2) The person concerned shall be given

proper information on the purpose and natureof DNA analysis and any consequences andrisks involved. Carrying out DNA analysisrequires that the person to be tested has givena written consent based on information andfree will. Results of the analysis may not beused for any purposes other than establishingthe family ties required for issuing aresidence permit in cases as specified in thepersons consent.

(3) If the person concerned has

deliberately given false information on his orher family ties, as a result of which theperson and the family member indicated byhim or her have been ordered to take a DNAtest, the Finnish Immigration Service shallorder the person concerned to reimburse thecost of the test to the State unless this isunreasonable under the circumstances. Thedecision of the Finnish Immigration Serviceis enforced as provided in the Act on theRecovery of Taxes and Charges throughExecution (973/2007).

Section 66

Carrying out DNA analyses

(1) A DNA test is carried out at theNational Public Health Institute or theDepartment of Forensic Medicine at theUniversity of Helsinki. The person carryingout a DNA test shall send an opinion basedon DNA typing to the Finnish ImmigrationService without delay. When the FinnishImmigration Service has issued a decision onthe matter, it informs the person who carriedout the test that the samples and the data

concerning DNA identification shall bedestroyed. (973/2007)(2) In Finland, the samples required for

a DNA test are taken by a health careprofessional at the Department of ForensicMedicine at the University of Helsinki or at ahealth centre. The samples are sent to theperson carrying out the test referred to insubsection 1.

(3) Abroad, the samples required for a

DNA test are taken by a health careprofessional at a Finnish mission or at

facilities arranged by the mission. Thesamples are sent to the person carrying outthe test referred to in subsection 1.

(4) The police or an official of theFinnish Immigration Service or the missionsupervise the taking of samples and establishthe identity of the person tested. (973/2007)

(5) Further provisions on carrying outDNA analyses may be given by Governmentdecree.

Section 66a (380/2006)

Consideration in connection with anapplication made on the basis of family ties

If a residence permit has been applied foron the basis of family ties, account must betaken of the nature and closeness of thealiens family ties, the duration of his or herresidence in the country and the cultural andsocial ties of his or her family to the homecountry when considering the refusal of thepermit. The same applies to considerationwhen deciding on the cancellation of aresidence permit issued on the basis offamily ties or on the removal from the

country of the sponsor or his or her familymember.

Section 67 (973/2007)

Finnish Immigration Service as the residencepermit authority

(1) The Finnish Immigration Serviceissues:

1) a first residence permit to an alienabroad;

2) in the cases referred to in sections 49,

49a, 51, 52 and 52a, a first residence permitto an alien who has entered the countrywithout a residence permit;

3) a residence permit when the DistrictPolice have brought the matter to the FinnishImmigration Service for decision.

(2) The Finnish Immigration Servicecancels a residence permit on groundsspecified in section 58(1),(2) or (6), andcancels, on grounds specified in section


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58(4) or (5), or section 58a, a residencepermit it has already issued. (516/2008)

(3) In the cases referred to in section58(3), the Finnish Immigration Servicedecides that a residence permit is notcancelled.

(4) The Finnish Immigration Servicewill be the contact point responsible for theexchange of information as laid down inArticle 25 of the Council Directive2003/109/EC of 25 November 2003concerning the status of third-countrynationals who are long-term residents. .

Section 68 (358/2007)

Local police as the residence permitauthority

(1) The District Police of the aliensplace of residence issue:

1) a residence permit to a family memberof a Finnish citizen and the family membersminor unmarried children and to a familymember of an EU citizen who is living inFinland and has registered his or herresidence and to the family members minorunmarried children;

2) a new fixed-term residence permit;

3) a permanent residence permit to an alienresiding in the country; and

4) a long-term residents EC residencepermit.

(2) On grounds specified in section58(1), (2), (4) or (5), or section 58a, theDistrict Police cancel a residence permit theyhave issued. (516/2008)

(3) The District Police transfer theresidence permit to a new travel document.

Section 69

Foreign affairs administration as theresidence permit authority

(1) Finnish diplomatic or consularmissions receive applications for residencepermits from persons abroad and check thatthe applications are correctly filled in andcontain the required documents andinformation.

(2) Applications for residence permits

may also be received abroad by other Finnishmissions if the Ministry for Foreign Affairs

has given the required authorization to aFinnish citizen serving at the mission.

(3) The Ministry for Foreign Affairsissues temporary residence permits tomembers of the staff of a diplomatic orconsular mission representing the sendingState in Finland, or members of the staff of abody of an international organizationoperating in Finland or their familymembers, or to persons privately employedby the staff who are citizens of the sendingState. The Ministry for Foreign Affairs issuestemporary residence permits to aliens for the

construction, repair or maintenance of adiplomatic or consular mission.(4) The Ministry for Foreign Affairs

cancels residence permits it has issued.(5) Finnish missions transfer residence

permits to new travel documents.

Section 69a (380/2006)

Decision on an application made on thebasis of family ties

A decision on an application for aresidence permit made on the basis of family

ties must be served on the applicant not laterthan nine months after the filing of theapplication. In exceptional circumstances theservice may take place at a later date.

Chapter 5

Employment

Provisions on residence permits foremployed and self-employed persons

Section 70

Purpose of the system of residence permitsfor employed persons

The purpose of the system of residencepermits for employed persons is to supportthe availability of labour in a systematic,prompt and flexible manner, withconsideration for the legal protection ofemployers and foreign employees and the


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employment opportunities for labour alreadyin the labour market.

Section 71 (1426/2009)

Cooperation with labour marketorganizations

The social partners participate inmonitoring and assessing practices related toissuing residence permits for employedpersons, and in preparing national and

regional policies related to the generalrequirements for using foreign labour.National guidelines referred to in this sectionare issued by Government decision, andregional policies by decisions of relevantCentres for Economic Development,Transport and the Environment.

Section 72

Elements of consideration as regardsresidence permits for employed and self-

employed persons

(1) Issuing residence permits foremployed persons is based on considerationin order to:

1) establish whether there is labour suitablefor the work available in the labour marketwithin a reasonable time;

2) ensure that issuing a residence permit foran employed person will not prevent a personreferred to in subsection 1(1) from findingemployment; and

3) ensure that a residence permit for anemployed person is only issued to personswho meet the requirements, if the work

requires specific qualifications or anaccepted state of health.(2) When considering the issue of

residence permits for employed persons,account shall be taken of the guidelinesreferred to in section 71.

(3) Issuing residence permits for self-employed persons is based on considerationto ensure that the intended businessoperations meet the requirements for

profitable business.(4) When considering the issue of

residence permits for employed or self-employed persons, the authorities shallensure that the aliens means of support aresecured by gainful employment, pursuit of atrade or in some other way.

Section 73

Employers obligations

(1) An employer shall attach to anapplication for a residence permit for anemployed person:

1) written information on principalterms of work referred to in Chapter 2,section 4 of the Employment Contracts Act(55/2001);

2) an assurance that the terms complywith the provisions in force and the relevantcollective agreement or, if a collectiveagreement is not applied, that the termscorrespond to those applied to employees inthe labour market doing similar work; and

3) upon request by an employmentoffice, a statement confirming that theemployer has met and will meet his or herobligations as an employer.

(2) An employer shall ensure that analien entering his or her service and workingin his or her employment has the requiredresidence permit for an employed person orthat the alien does not need a residencepermit.

(3) An employer who employs a personother than an EU citizen or comparableperson or his or her family member, or analien residing in the country under apermanent residence permit shall submit astatement referred to in subsection 1 to theemployment office without delay, and inform

the shop steward, the elected representativeand the occupational safety and healthrepresentative of the aliens name and theapplicable collective agreement.

(4) An employer shall keep theinformation on the aliens in his or heremployment and on the grounds for theirright to work easily available at theworkplace for inspection by occupationalsafety and health authorities, if necessary.


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The employer shall store the information onthe termination of the aliens employment for

four years.

Section 74

Contractors obligations

If employees are working for a foreigncontractor or subcontractor or as agencyemployees of a foreign employer, theemployers obligations referred to in section73(1)(3) apply to the main contractor or

client operating in Finland. In the case ofemployees referred to in the Posted WorkersAct (1146/1999), the provisions of the saidAct apply to their employment contractterms.

Section 75

Issuing residence permits for employedpersons to persons abroad

The requirements for issuing a residencepermit for an employed person are:

1) Consideration under section 72 has

been given to issuing a residence permit, andthe requirements mentioned in the section aremet, and the requirements for the employersstatements and assurance laid down insection 73(1) are met.

2) The general requirements for issuinga residence permit laid down in section 36are met, and the alien has not been prohibitedfrom entering the country.

Section 76

Issuing persons abroad with residence

permits for self-employed persons

The requirements for issuing a residencepermit for a self-employed person are:

1) Consideration under section 72 hasbeen given to issuing a residence permit, andthe requirements mentioned in the section aremet.

2) The general requirements for issuinga residence permit laid down in section 36

are met, and the alien has not been prohibitedfrom entering the country.

Section 77

Residence permits for employed persons withregard to specific professional fields

A residence permit for an employed personentitles the holder to work in one or severalprofessional fields. For special reasons, aresidence permit for an employed person

may be restricted to work for a certainemployer.

Section 78

Advance information on the requirements forissuing residence permits for employed

persons

Upon written application by an employeror contractor, the employment office submitsadvance written information on therequirements for issuing a residence permitfor an employed person as regards the matter

referred to in the application. Theemployment office shall give the advanceinformation without delay. At the employersrequest, the employment office shall observethe advance information for the durationmentioned in the advance information whena residence permit is applied for.

Employment without residence permits foremployed persons

Section 79

Unrestricted employment under residencepermits other than residence permits for

employed persons

(1) Aliens who have been issued with apermanent residence permit, a long-termresidents EC residence permit or acontinuous residence permit on groundsother than employment or self-employment


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have the right to gainful employment.(358/2007)

(2) Aliens who have been issued with aresidence permit on the basis of family tieshave the right to gainful employment.(380/2006)(3) Aliens who have been issued with atemporary residence permit on the basis oftemporary protection or other humanitarianimmigration have the right to gainfulemployment. (34/2006)

(4) Aliens who have received a degreeor other qualification in Finland have a rightto gainful employment with a residencepermit issued under section 45(1)(1) or

section 47(1)(2) without the matter beinggiven the consideration laid down in section72(1). (34/2006)

(5) Aliens who have been issued with atemporary residence permit under section52a have a right to gainful employment.(619/2006)

(6) Aliens have the right to gainfulemployment if they have been issued with afixed-term residence permit and if they work:

1) in expert duties in the middle or topmanagement of a company or in expertduties that require special expertise;

2) as professional athletes, coaches or

umpires;3) in the service of a religious community

or non-profit association;4) professionally in science, culture or the

arts, restaurant musicians excluded; or5) in an international organization or in

duties concerning official cooperationbetween States. (619/2006)

(7) Aliens whose employer or contractorhas no office in Finland have the right togainful employment if they:

1) work professionally in the mass media;or

2) do market research, prepare for acompanys establishment in Finland,negotiate and acquire customer orders orsupervise the fulfilment of orders or haveother similar duties. (619/2006)

(8) Aliens have the right to gainfulemployment if they have been issued with aresidence permit by the Ministry for ForeignAffairs for the construction, repair ormaintenance of a mission. (619/2006)

(9) An entry concerning the right towork under this section must be made in the

aliens residence permit except for theresidence permit mentioned in subsection 7.(619/2006)

Section 80

Restricted employment under residencepermits other than residence permits for

employed persons

(1) An alien has the right to gainfulemployment if he or she has been issued witha residence permit:

1) for studying if the employment is atraineeship required for a degree or otherqualification or part of the preparation of aresearch paper required for the studies and in

the form of gainful employment or if theaverage amount of work is 25 hours a weekat a time when there are classes at theeducational institution, or if the full-timework is at a time when there are no classes atthe educational institution; (34/2006)

2) for working as a visiting teacher,lecturer, trainer, consultant or researcher on

the basis of an invitation or agreement if thework lasts for a maximum of a year;3) for performing work under a supply

contract related to an individual machine,device, product line or expert systemimported into or exported from the country ifsuch work lasts for a maximum of sixmonths;

4) for employment or traineeship that ispart of an intergovernmental agreement or anexchange programme organized by non-governmental organizations if suchemployment or traineeship lasts for amaximum of 18 months or, for an alien

holding a university degree, is an intra-company transfer for a maximum of a year;

5) for traineeship carried out by an 1830-year-old alien who studies Finnish orSwedish at a foreign university, or if the fieldof the traineeship corresponds to his or herstudies or qualification and lasts for amaximum of 18 months; or

6) under section 51 on grounds that he orshe cannot be removed from the country.


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(323/2009)(2) An entry concerning the right to

gainful employment based on this sectionshall be made in the aliens residence permit.