The law must be applied equally however touching the case may be

The case of a four-year-old Syrian girl who is resident in Russia has been prominently publicised earlier this week. In connection with this case, the Finnish Immigration Service has been criticised for a lack of humanity and for breaching the Convention on the Rights of the Child. This criticism was caused by the fact that the Finnish Immigration Service requires that persons applying for a residence permit must be legally resident in the country in which they submit the application.

The information presented in the media shows that the case of the Syrian girl is a sad and complicated one, and also the officials of the Finnish Immigration Service are sympathetic to her plight. However, as the competent permit authority it is important for the Finnish Immigration Service to treat all applicants equally and according to the law.

Making exceptions to procedure of applying residence permit for individual applicant groups such as Syrians would be problematic not only from the perspective of current legislation but also because it would violate the principle of treating all applicants equally. The armed conflict in Syria is not in itself a sufficient reason for prioritising Syrians over other customers. Many of the applications for family reunification currently being processed by the Finnish Immigration Service concern persons coming from other crisis regions such as Somalia, Afghanistan and Iraq.

A permit may only be applied for in a country where the applicant is legally resident

The Finnish Aliens Act states that an applicant’s first residence permit application must be submitted before arriving in Finland and in a country where the applicant is legally resident. In other words, legal residence is a requirement for being able to submit a residence permit application to a Finnish representation in the first place. Other requirements for granting a residence permit can be examined first after that. This provision has been in force since 2004, and the Finnish Immigration Service cannot legally deviate from it, a fact that has been confirmed in decisions by Finnish administrative courts.

However, the requirement of legal residence is always evaluated on a case-by-case basis on the grounds of the legislation of the country where the applicant is resident. The Finnish Immigration Service uses up-to-date country of origin information in this evaluation. Sometimes there are also other means for legalising residence than obtaining a visa or residence permit, for instance obtaining a certificate from the UN High Commissioner for Refugees (UNHCR).

Asylum, instead, may only be applied in Finland. However, a person abroad in need of protection may be admitted to Finland as part of a refugee quota. If the country to which a person has fled from his or her home country does not offer sufficient protection, the UNHCR may declare that the person is in need of international protection and resettlement and propose him or her to be admitted as a quota refugee, for instance to Finland.

International treaties must always be complied with

When a person does not have a residence permit application pending, the Finnish Immigration Service cannot make any comment in advance of how that person’s application would be resolved. Every residence permit application is processed individually, referring to the grounds cited by the applicant or the applicant’s family member. The Finnish Immigration Service also always reviews what is the meaning of international treaties, such as the UN Convention on the Rights of the Child, in individual cases. The requirement to take the best interests of children into account is entered in the Aliens Act, too.

A residence permit on the basis of family ties only to members of the immediate family

Under the Aliens Act, a residence permit on the basis of family ties may only be granted to a member of the immediate family of a person resident in Finland. ‘Immediate family’ is defined as the person’s spouse and underage, unmarried children for whom the person is responsible.

For other family members such as elderly parents or siblings’ children, residence permits may only be granted in certain cases that are specifically defined by law. Even in these cases, however, a residence permit application must always be submitted in a country where the applicant is legally resident.

Further information for the media

Head of Section Olli Koskipirtti, Immigration Unit, tel. 071 873 0431, e-mail: firstname.lastname@migri.fi