Effective September 7, 2023, Finland will not issue residence permits on the basis of temporary protection to third-country nationals and stateless persons who have resided in Ukraine on the basis of a temporary residence permit. Third-country nationals are citizens of countries that have not joined the European Union or the Schengen Agreement.
The change does not apply to:
- Ukrainian citizens and their family members;
- Persons who have been granted international protection in Ukraine and their family members; or
- Persons who have resided in Ukraine with a permanent residence permit if they are unable to return to their home country in safe and durable conditions.
The change applies to applications for temporary protection that have been submitted on September 7, 2023, or later. The Finnish Immigration Service will decide applications submitted before September 7, 2023, in accordance with the previous decision-making practice.
Residence permits already granted in Finland on the basis of temporary protection are valid until March 4, 2024.
Requirements
Third-country nationals and stateless persons applying for temporary protection in Finland must show proof of their family ties to a Ukrainian citizen or that they have been granted international protection in Ukraine, that their family member has been granted international protection in Ukraine or that they have a permanent residence permit in Ukraine.
For example, they can show their marriage certificate, a birth certificate for a child who is a Ukrainian citizen, a certificate of refugee status issued by Ukraine or a permanent residence permit granted in Ukraine.
For those who have resided in Ukraine with a permanent residence permit, the Finnish Immigration Service (Migri) will investigate whether they can return to their home country in safe and durable conditions. If it cannot be assessed whether the applicant is able to return to their home country, Migri will advise the applicant to apply for asylum.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.