Family members who do not have a travel document can get a residence permit in certain cases

Migri
Publication date 21.7.2015 13.42
Type:Press release

You may now be granted a residence permit on the basis of family ties even if you cannot obtain a passport or other travel document that is accepted in Finland. However, this applies only to applicants who cannot obtain a travel document for reasons beyond their control.

In practice, this rule applies to

  • Somalian citizens, because Finland does not accept Somalian passports as official travel documents
  • family members who are exempted from the travel document requirement under international human rights conventions (no change from previous rule).

Previously, the Finnish Immigration Service could reject a residence permit application for a family member only because he or she did not hold a valid travel document accepted by Finland.

On 1 July 2015, the Supreme Administrative Court made a decision ruling that from now on, applications from family members cannot be rejected only on the grounds that they do not have a travel document if they cannot obtain a travel document accepted by Finland for reasons beyond their control.

Other requirements for issuing residence permits on the basis of family ties have not changed.

The new guideline will be followed in all future decisions

All residence permit applications made on the basis of family ties that are pending at the Finnish Immigration Service will be decided in accordance with the new guideline.

If you have applied for a residence permit on the basis of family ties, you do not need to send further clarifications to the Finnish Immigration Service unless we ask you to do so.

The processing times for residence permit applications made on the basis of family ties will now become slightly longer, but only temporarily. The reason is that Administrative Courts will now return matters to the Finnish Immigration Service if a negative decision has been made solely on the grounds that the applicant does not hold a travel document and the applicant has appealed against the decision. We will process these applications as soon as possible.

Almost everyone who applies for a residence permit is still required to hold a travel document

If you apply for a residence permit on grounds other than family ties, such as your studies or work, you must have a valid passport or other travel document. The new guideline applies only to applications made on the basis of family ties.

Family members are required to have a valid travel document also if they come from a country where they can obtain a travel document accepted by Finland.

You must have a passport when you submit your application

Please note that you must reside legally in the country where you submit your application for a residence permit. If you are not a citizen of the country in question, you must present a document proving that your stay is legal. Usually a passport and sometimes a residence permit or a visa is required to prove that you are staying legally in the country.

For example, if you are a Somalian citizen and you travel to the Embassy of Finland in Ethiopia to submit a residence permit application, you need to have a valid Somalian passport and a visa issued by Ethiopia. A Somalian passport is accepted for submitting a residence permit application because Ethiopia, unlike Finland, accepts Somalian passports as travel documents that entitle entry into the country. Instead of a passport, you can also present a certificate of your refugee status in the country where you submit your application.

(Clarification, 31 July 2015)

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