Finland - Finnish immigration law

FINNISH IMMIGRATION LAW Kaisu Nissilä Janessa Huotari

The world is facing its worst refugee crisis since the World War 2. According to the UN Refugee Agency (UNHCR), tens of millions people have been forced to flee homes because of war, conflict or persecution.

Finland is committed by international agreements to providing international protection to those in need. The basis of this is the 1951 Geneva Refugee Convention and other international human rights agreements and EU legislation.

MIGRATION

Finnish migration policy is based on Government objectives, the common migration and asylum policy of the EU and international agreements.

Key treaties include the European Convention on Human Rights, the United Nations Convention against Torture, the Convention on the Rights of the Child and the Geneva Refugee Convention.

Under international agreements, Finland and other EU countries are obliged to receive asylum seekers in need of international protection.

Finland is supporting EU efforts to better manage migration and is participating actively in developing common EU migration and asylum policies.

CITIZENSHIP LAW

Enactment of acquisition, maintaining and loosing of Finnish citizenship.

The Finnish Immigration Service can grant Finnish citizenship by notification or application.

Citizenship is granted if you are o 12-17-years old adoptive child o Former Finnish citizen o 18-22-years old, who has lived in Finland sufficient time.

REFUGEES & ASYLUM SEEKERS AN ASYLUM SEEKER An asylum seeker is a person who seeks asylum and the right to reside in a foreign nation.

Asylum seekers become refugees if they are granted asylum.

Since 2000, Finland has received 1,500-6,000 asylum seekers each year, aside from 2015, in which a record number of asylum seekers, 32,476 arrived.

Asylum seekers leave their countries for example of war, persecution or insecurity.

A REFUGEE A refugee is someone who has been granted asylum in one state or another.

A person may receive refugee status if they arrive in Finland based on a proposal by the UNHCR with respect to Finland’s refugee quota.

QUOTA REFUGEES Finland is in favor of expanding the reception of quota refugees to additional Member States, as a way of promoting legal migration. The resettlement of quota refugees is the most effective way of helping refugees in severe distress, since their need for protection is assessed before the arrive in Finland.

The Finnish Parliament sets an annual refugee quota as part of the budget process of each year. In recent years, the refugee quota has been 750.

The UNHRC submits a list of persons from whom the Finnish authorities than select the quota refugees to be admitted to Finland. The selection is usually made on the basis of interviews.

Finnish Immigration Service decides on the granting of residence permits for quota refugees.

LABOUR MIGRATION

Finland develops labour migration in order to better meet demand for labour in Finland.

Finnish population is ageing and the birth rate is insufficient to maintain population growth.

That means that the working-age population is decreasing and some sectors lack workers.

Solution to the problem facing the labour market is immigration.

Finland, like other countries, competes for foreign entrepreneurs and other top performers.

The goal is to develop legislation to make it easier for companies and experts to come to Finland and thereby improve Finland’s competitiveness on the global markets.

FORCED RETURN

Under certain conditions, Finland may assist voluntary return to the home country. For instance, assistance may be given to third country citizens who have sought international protection and who leave Finland voluntarily and permanently after cancelling their application or after their asylum application has been rejected.

Persons whose have departure to the country was temporarily prevented or victims of human trafficking, who are not resident in Finland, are eligible for assistance.

Voluntary assistance may cover the costs of the return trip and give financial assistance, in order to provide the returning immigrants to start a new life in their home country.

International Organization for Migration (IOM), may help make the traveling arrangements and provide assistance at the airport during the return trip.

ILLEGAL IMMIGRATION

The authorities cooperate in the fight against illegal immigration and aim to prevent and expose illegal immigration to Finland, the arrangement of illegal immigration, illegal residence, human trafficking and other cross-border crime.

According to the EU’s European Border and Coast Guard Agency Frontex, approximately 1,8 million illegal entries were detected. In the Nordic countries, illegal immigration has remained at a moderate level, mainly due to border checks at internal borders. Border controls at the external borders play major role in fighting illegal immigration Life as an undocumented migrant is difficult in Finland Finnish legislation stipulates that everyone should have a clear status in society and no one should reside in the country illegally.