The Finnish Immigration Service’s detention unit in Metsälä, Helsinki. Photo: Kimmo Penttinen / Str / Lehtikuva
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Amendments to Finland’s Aliens Act have entered into force, extending entry bans, increasing maximum detention periods, and introducing stricter conditions for legal residence following a removal decision.
The changes, effective from 6 May, aim to strengthen national security and accelerate removals of foreign nationals residing illegally in the country. The Finnish Immigration Service confirmed there is no transitional period for the new rules.
One of the key revisions links the right to reside in Finland directly to the enforcement timeline of a removal decision. A person who no longer holds a valid residence permit, visa, or other legal basis for staying in the country is considered to be residing illegally once the removal order becomes enforceable. This occurs either when the voluntary departure deadline begins or when authorities could carry out the removal.
A person who applies for a residence permit or an extension and receives a negative decision will be considered to be staying illegally immediately after the decision, unless they have other valid grounds for residence. Submitting a new residence permit application after legal residence has ended will no longer restore legal status. Permits may only be granted in such cases under narrowly defined exceptions.
Johanna Waal, Director of the Legal and Specialist Services Unit at the Finnish Immigration Service, said that late applications must be supported by compelling reasons, such as serious illness. “Each application will be considered individually,” she stated, adding that all applications will now undergo a closer assessment regarding the applicant’s legal status.
Persons facing removal must cooperate with authorities throughout the process. Refusal to cooperate may result in an entry ban. An entry ban may also be imposed without a hearing if the person is outside Finland, or if they are found to have submitted false information or concealed relevant facts.
The maximum length for a fixed-term entry ban has been tripled from 5 to 15 years. Indefinite bans remain possible. Bans typically apply to the entire Schengen Area.
The amendments also extend the maximum detention period for foreign nationals. A person subject to a removal order can now be held for up to 18 months, an increase from the previous 12-month limit. In cases where national security or public order is at risk, the initial detention before a removal decision can also last up to 12 months, up from 6.
The Finnish Immigration Service now has authority to impose residence or reporting obligations on adult asylum seekers living in reception centres. Detention decisions remain under the authority of the police or border officials, while the Immigration Service oversees the operation of detention units.
Under the revised law, an individual may remain in Finland until the removal decision becomes enforceable, even after losing legal residence status. They may file a new application on different grounds during this period, but such an application will not halt enforcement.
Appeals are still permitted, but lodging an appeal does not make the individual’s residence legal during the process. Applicants for international protection do not need to be legally resident when applying, but if a repeat asylum application is submitted after a negative decision, the Immigration Service decides whether it will be processed. In such cases, continued residence is not guaranteed.
HT
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Source: www.helsinkitimes.fi
