Finland to review migration legislation to comply with EU provisions
The Ministry of the Interior has set up a project to review the requirements for issuing residence permits on the basis of international protection. The decision on setting up the project was made by the ministerial working group on migration. The aim is to bring the Finnish legislation in line with the general requirements laid down in EU legislation.
Under the Aliens Act, those applying for international protection in Finland may be granted asylum or issued with a residence permit on the basis of subsidiary protection or humanitarian protection. In all these cases, the applicant is granted international protection. However, where the requirements for granting international protection are not met, a residence permit may also be issued on compassionate grounds.
The requirements for granting asylum and issuing a residence permit on the basis of subsidiary protection are in line with the EU Qualifications Directive. In addition, granting asylum in Finland is based on obligations set out in the UN Refugee Convention. However, the requirements for residence permits issued on the basis of humanitarian protection are not based on the UN Convention or EU legislation but on Finland's national decision.
The legislative project set up by the Ministry of the Interior aims to bring the Finnish legislation more in line with EU law. In practice, this could mean that residence permits would no longer be issued on the basis of humanitarian protection. In that case, other provisions making reference to granting residence permits based on humanitarian protection would also have to be amended.
The number of those who have been granted humanitarian protection in Finland is very small. In 2013-2014, they accounted for around one per cent of all those who were granted international protection. The aim is to submit the government proposal to Parliament in January 2016.
The government proposal will be prepared without delay and circulated for comments in November.
Background
Besides the provisions on granting international protection, the project will also review the family reunification criteria.
In September, the Ministry of the Interior established a legislative project to review the family reunification criteria to comply with the EU Family Reunification Directive. The Directive lays down the general requirements for family reunification, and additional requirements to be applied at national level as decided by the Member States. Finland has not applied all the additional requirements laid down in the Directive. The family reunification criteria would now be tightened in accordance with these additional requirements. The government proposal will be submitted to Parliament in spring 2016.
Inquiries
Ms Elina Immonen, Senior Specialist, tel. +358 295 488 593
Mr Jorma Vuorio, Director General, tel. +358 295 418 860