Removal from the country

When a foreign national holds or has held a residence permit in Finland and a decision to remove him or her from the country is made, the person is deported. Most deportation decisions are made in situations where it has not been possible to grant the person in question an extended permit (a permit to extend their stay) or because the person's existing residence permit has been withdrawn. A person may also be deported if he or she has committed crimes in Finland. 

When a foreign national has not had a residence permit in Finland and a decision to remove him or her from the country is made, the person is denied admittance or stay. For example, when an asylum seeker is removed from the country, the procedure is usually a denial of admittance or stay. 

Under the Aliens Act, a foreign national may be deported if he or she: 

• resides in Finland without the required residence permit * is found guilty of an offence carrying a maximum sentence of imprisonment for a year or more 
• is found guilty of repeated offences 
• has, through his or her behaviour, shown that he or she presents a danger to other people’s safety, or 
• has been engaged in, or there are reasonable grounds to suspect that he or she may engage in activities that endanger Finland’s national security.

A decision on deportation on the basis of criminal offences can be made if a person is found guilty of serious or repeated offences. In practice, offences carrying a sentence of imprisonment for a year or more are considered serious offences. 

There are no statistics on criminal offences that have led to deportation.

When a deportation must be made on the basis of criminal offences, the police make a deportation proposal to the Finnish Immigration Service. On the basis of the proposal and other information, the Finnish Immigration Service issues a decision. The decision is based on an overall legal consideration, where the Finnish Immigration Service weighs the grounds for deportation and also other circumstances that speak against deportation, such as the person’s ties to Finland. 

The Finnish Immigration Service can also decide on deportation on its own initiative. This is often the case when the Finnish Immigration Service rejects an application for an extended permit or withdraws a residence permit. 

When a person cannot be granted an extended permit, he or she is often given a time limit for voluntary return. The time reserved for voluntary return is usually 30 days of service of the decision. If the person does not leave Finland voluntarily during the time reserved for voluntary return, the police will enforce the deportation decision once the decision is final or after an administrative court has issued a decision on the matter.  

When a deportation decision is made based on criminal offences, no time is reserved for voluntary return. The police may enforce the decision 30 days after the date when the decision was served. In deportations on the basis of criminal offences, the police may enforce the decision even if the decision is not yet final.  

In deportations for reasons other than crimes, the deportation decision can only be enforced after it becomes final or after an administrative court has issued a decision on the matter. When a person who has been granted international protection is deported based on his or her criminal offences, the deportation decision can only be enforced after it has become final or after an administrative court has issued a decision on the matter. In practice, the police are responsible for carrying out removals from the country. 

Deportation decisions are based on an overall consideration. Among other things, account is taken of whether the person has family members in Finland. Particular attention is paid to the best interest of the child. 

Other factors to be considered include:   

• the duration and purpose of the person’s residence in Finland 
• the nature of the residence permit issued to him or her 
• the person’s ties to Finland 
• the person’s family-related, cultural and social ties to his or her home country 
• documents concerning the person’s health 
• the seriousness of the act and the detriment, damage or danger caused to public or private security if the decision on deportation or the entry ban is based on criminal activity. 

According to the principle of non-refoulement, no one may be returned to an area where he or she could be subject to the death penalty, torture, persecution or other treatment violating human dignity. Finland is also bound by international agreements in this respect.

A person who has been granted refugee status cannot be deported to his or her home country if he or she still needs international protection. 

An entry ban may be imposed on a person in a deportation decision if the person has evaded the provisions on entry into the country or has committed crimes. In some situations, an entry ban may be imposed on a person who is residing abroad without issuing a separate decision on deportation or on denial of admittance or stay.

An entry ban may be valid for a fixed term or until further notice. Entry bans are usually valid for a fixed term, for 1 to 15 years. An entry ban may be valid until further notice if the person has been sentenced to punishment for a serious or professional offence and he or she is considered a serious danger to public order or security. As a rule, entry bans are valid in the entire Schengen area.

When an EU citizen who has registered his or her right of residence or has been granted the right of permanent residence is removed from the country, the person is deported. Similarly, when an EU citizen's family member who has been granted a residence card is removed from the country, the family member is deported.  

In contrast, when an EU citizen who has not registered his or her right of residence in Finland or whose family member who has not been granted a residence card is removed from the country, the person is denied admittance or stay.  

Under the Aliens Act, EU citizens or their family members may be deported if they: 

• do not meet the requirements for the right of residence or 
• are considered a danger to public order or security or to public health. 

EU citizens who have been granted a right of permanent residence, or their family members who have been granted a permanent residence card, may only be deported on serious grounds of public order or security. Serious grounds may be particularly serious crimes, for example. 

EU citizens who have resided in Finland legally for the previous 10 years may only be deported on imperative grounds of public security. Imperative grounds are considered to exist where an EU citizen:  

• is guilty of an act which is punishable by no less than one year of imprisonment, and  
• where the EU citizen, on grounds of the seriousness of the crime or of continued criminal activity, is considered a danger to public security, or  
• where there are grounds for suspecting that the EU citizen is seriously endangering the national security of Finland or another State.

An entry ban may be imposed on an EU citizen or his or her family member if the person is deported because he or she is considered a danger to public order or security or to public health. The entry ban may prohibit the person from entering Finland for a maximum of 15 years.