Amendments to Aliens Act on 6 May specify the definition of legal and illegal residence in Finland
A set of amendments to the Aliens Act will enter into force on 6 May 2025. The amendments may be relevant to you if, for example, you get a negative decision on your residence permit or asylum application or when your current residence permit expires. The amendments specify the definition of legal and illegal stay in Finland. The new provisions will be applied as soon as they enter into force, regardless of when you have submitted your application.
When your right of residence in Finland ends, you must leave the country
Your residence in Finland is illegal if, for example:
- you receive a negative decision on your residence permit application or asylum application
- your residence permit expires and you do not apply for an extended permit in time, or
- you have arrived in Finland with a visa and your visa expires.
When you receive a negative decision
If you are in Finland and receive a negative decision on your residence permit or asylum application, you must leave Finland. Usually, a negative decision is accompanied by a decision on your removal from the country, meaning either a decision on denial of admittance or stay or a deportation decision. You cannot extend your stay in Finland by submitting a new residence permit application. If you wish to apply for a new residence permit, you must leave Finland and apply for a first residence permit abroad.
If you get a negative decision on your asylum application and apply for asylum again, the Finnish Immigration Service decides whether or not your application can be admitted for examination. You may not necessarily be allowed to continue residing in Finland even if you have submitted a subsequent asylum application.
When you apply for an extended permit late
The decision on your application for an extended permit may be negative if you apply for the permit after your previous residence permit has already expired. The negative decision may lead to denial of admittance or stay or to deportation, depending on your situation. You may be deported or denied admittance or stay if you reside in Finland without the required permit.
There must be a valid reason for a late application if you apply for an extended permit after your previous permit has already expired. Such a reason can be, for instance, a severe illness that has prevented you from submitting the application in time.
You should not apply for an extended permit earlier than 3 months before your current residence permit expires. Your application is considered to have arrived in time if you submit it via the online service Enter Finland before your previous residence permit expires.
Each application will always be examined individually
When we make a decision on your residence permit or asylum application, all facts and circumstances affecting your situation will be taken into account. When we make a decision on your application, the protection of family life, when relevant, and a child's best interests will be taken into account.
Residence in Finland after a decision on removal from the country
If you receive a decision on removal from the country (a decision on denial of admittance or stay or a deportation decision), the decision will state the final day when you must leave Finland at the latest.
If you appeal against the decision, your residence in Finland during the appeal process is illegal. However, if you receive a deportation decision, you are usually allowed to stay in Finland during the appeal process.
Because your residence in Finland during the appeal process is illegal:
- the time period will not be counted towards your period of residence later when you, for example, apply for a permanent residence permit
- you may not necessarily be able to return to Finland if you travel abroad.
If you receive a decision on denial of admittance or stay, you are usually not allowed to stay in Finland during the appeal process unless an administrative court or the Supreme Administrative Court decides otherwise.
For further information
These pages will be updated during week 19 (the week beginning on 5 May).
