Amendments to the Aliens Act on 6 May and common misconceptions!

Significant changes to the Finnish Aliens Act came into effect on 6 May 2025. These new amendments redefine the boundaries between legal and illegal residence in Finland and may have a direct impact on your right to stay in the country especially if you have received a negative decision on your residence permit or asylum application, or if your current residence permit is about to expire.

It is important to note that the manner in which the Finnish Immigration Service has been drafting its press release has led to unnecessary confusion and misinterpretation regarding the actual measures being implemented and the groups they affect.

According to the Finnish Immigration Service press release: 

“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.”

The phrasing used in the above text oversimplifies key details to such a degree that it verges on being misleading. When an individual is in Finland after the changes of 01.09.2024, it means that they already have a residence permit (in most cases). When you already had a residence permit and you have extended your residence permit before your previous residence permit expires but you receive a negative decision which is accompanied by a decision on denial of admittance or stay or a deportation decision, you always have the right to appeal the case to the Administrative Court within 30 days in most cases.

In case you have a deportation order, once the appeal is lodged by you, or our lawyer or any other lawyer; the Administrative Court is tasked with making an interim decision on whether you are allowed to remain in the country during the appeal process (if positive) or the Police can execute your deportation order (if negative), in which case you will have to wait for the decision of the appeal in your country of origin.

If the appeal is successful, and after returning the case to the Finnish Immigration Service for re-evaluation, the Finnish Immigration Service decide to amend their initial decision and issue you a residence permit, the entire time of the appeal and re-assessment is considered legal, in which case a residence permit is issued with initial valid date the immediate next date of your previous residence permit expiration date.

However, it is essential to emphasize that the following paragraph serves as a reminder not to make broad generalizations and to always seek professional guidance when faced with a negative decision, regardless of the reason.

“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.“

Given these stricter interpretations of immigration law, it’s now more important than ever to seek professional legal advice. Don’t let misconceptions or misunderstandings of the law jeopardise your future in Finland. Whether you’re facing deportation, planning to reapply, or simply unsure about your current legal status, our team is here to support you with expert legal advice and strategic solutions tailored to your situation.

Our office will continue providing high-quality legal and administrative services, understanding that immigration matters can significantly impact lives and futures. If you’re facing challenges with your residence permit, do not hesitate to reach out to us for professional assistance.