Tighter criteria for family reunification

Today on 7 April, the Government submitted its proposal to Parliament for amending the Aliens Act. The Government proposes that the criteria for family reunification be tightened so that they comply with the EU Family Reunification Directive. In the future, beneficiaries of international or temporary protection would be required to prove that they have sufficient means of subsistence before they could exercise the right to family reunification. Those applying for international protection may be granted, for example, asylum or a residence permit on the basis of subsidiary protection.

The proof of sufficient means of subsistence would also apply to the ’old families’ of beneficiaries of international or temporary protection. This means the family that has existed before the sponsor arrives in Finland. Under the current Act, the sponsor is already required to provide proof of sufficient means of subsistence in cases where an application for family reunification is made for a family that has been established after the sponsor's entry into the country.

Family members of those granted asylum could apply for family reunification within three months after the sponsor has received the asylum decision and they are not required to provide proof of sufficient means of subsistence. The same would apply to refugees admitted under the quota. After these three months, the condition of proof of sufficient means of subsistence would also apply to them. The period of three months is laid down in the EU Directive and all Member States are bound by it. However, the condition of proof of sufficient means of subsistence would always apply to beneficiaries of subsidiary protection.

In individual cases, an exemption could be made from the condition if there are exceptionally weighty reasons for it or this is in the best interest of the child. Under the current Act, this is already possible in cases where proof of sufficient means of subsistence is required before a family member may be issued with a residence permit.

The Government is not proposing that the condition be extended to family members of Finnish or Nordic citizens.

Number of applications for family reunification expected to grow

The condition of proof of sufficient means of subsistence is one of the additional conditions provided by the EU Family Reunification Directive. It has been chosen now as it is not only effective but also easy to implement rapidly.

Having witnessed a record high number of asylum seekers last year, the number of applications for family reunification is also expected to grow this year. The Finnish Immigration Service has promised to clear the backlog of asylum applications by the autumn. This Government proposal will be discussed in Parliament this spring.

A new project to be launched

The EU Directive also enables the setting of other conditions for family reunification besides proof of sufficient means of subsistence. This spring the Ministry of the Interior will start a project to examine the full implementation of other conditions. The Ministry of the Interior will also assess whether the condition of proof of sufficient means of subsistence could be applied to family members of Finnish and other Nordic citizens.

Inquiries:

Jorma Vuorio, Director General tel. +358 295 418 860, [email protected]