What to do if your residence permit was refused in Finland?
A negative Migri decision is not the end of the process: the applicant has two lawful ways to respond — to appeal the refusal of a residence permit in Finland before an administrative court or to submit a new, corrected application taking into account the reasons for refusal.
International Law Firm "Zahist" supports clients after negative Migri decisions — from analysing the reasons for refusal to preparing an appeal. Our experience shows that applicants who seek advice immediately after receiving the decision manage to meet the deadlines and choose a more effective strategy than those who delay.
What happens immediately after a negative Migri decision
Together with the refusal of a residence permit, the applicant usually also receives another decision — on an entry or stay ban, or on deportation, depending on the situation.
| Type of decision | When it is issued |
| Entry or stay ban | if the first residence permit is refused |
| Deportation decision | if an already valid permit is not extended, or the permit is cancelled |
| Consequence of deportation | the permit and the permit card cease to be valid immediately after the decision is issued |
Migri examines each case individually, taking into account all of the applicant’s circumstances, including the protection of family life and the best interests of the child, if there is a child in the family.
Therefore, even in formally similar circumstances, decisions in different cases may differ, and prospects should be assessed on the basis of the specific text of the decision.
Period for voluntary departure from the country
A decision on a stay ban or deportation usually sets a period for voluntary departure — from 7 to 30 days depending on the circumstances of the case.
The period starts running from the day the decision is served, and if the applicant has lodged an appeal and the court has prohibited enforcement of the decision, the period starts running from the administrative court’s decision.
A period for voluntary departure is not set if the applicant is refused entry immediately at the border, if there is suspicion of a criminal offence, or if the application is found to be manifestly unfounded or fraudulent.
How to appeal a residence permit refusal through the administrative court
Instructions on appeal are attached directly to the Migri decision and specify the particular court, the time limit for lodging the appeal, and the list of required annexes.
An appeal concerning challenging a Migri decision must be lodged within the prescribed time limit — usually 30 days, and the court does not extend this period even for valid reasons.
- Prepare legal arguments and evidence that were not taken into account or submitted during the initial examination.
- Lodge the appeal with the administrative court indicated in the instructions to the decision.
- If necessary, file a request for a prohibition on enforcement of the removal decision.
- Await the court’s decision — examination of the case usually takes from three to six months.
Consideration of an appeal is usually subject to a fee, so the amount of the court fee should be clarified directly with the administrative court before filing.
Exercising the right to challenge a Migri decision does not adversely affect the examination of subsequent applications, so there is no reason to fear this step.
Entry ban: when it is imposed
An entry ban usually applies to the entire Schengen area and EU countries, so it restricts travel not only to Finland but also to other states of the union.
- The application was rejected because of a sham marriage or circumvention of immigration law.
- The applicant poses a threat to public order or security, including because of offences committed.
- Forged documents or false information about the person were submitted in the application.
- The applicant knowingly misled the authorities during verification of the right of entry.
In other cases of permit refusal, an entry ban is imposed at the discretion of the authority, not automatically, so each situation should be analysed separately.
Can an entry ban be lifted early
An entry ban can be lifted early if the applicant’s circumstances have substantially changed or there are important personal reasons for reviewing the decision.
For this purpose, a separate application to lift the ban is submitted, accompanied by documents confirming the change in circumstances since the original decision.
Our experience shows that the most common ground for early lifting is family reunification or other significant family circumstances confirmed by documents.
Appeal or a new application: what to choose after a refusal
An appeal is justified when Migri made an error in assessing the facts or failed to take into account submitted evidence — then the court may set aside the decision and remit the case for fresh examination.
A new application is more appropriate if the reason for refusal is a formal gap in the documents or non-compliance with requirements that can realistically be remedied before re-submission.
Our experience shows that the choice of strategy should be made individually, as exercising the right of appeal does not adversely affect the examination of future applications.
Impact of a refusal on the applicant’s family members
If the applicant submitted the application together with a spouse or children, a refusal in respect of one person does not always mean an automatic refusal for the entire family.
Migri examines each application within the case individually, so the text of the decision should be checked separately for each family member.
Our experience shows that in the event of a partial refusal it is advisable to seek advice immediately on the strategy for other family members so as not to miss appeal deadlines.
Duty to cooperate with the authorities after the decision
After receiving a decision on a stay ban or deportation, the applicant is obliged to cooperate with the authorities throughout the entire return procedure.
- Provide all information necessary to confirm identity.
- Report the countries through which travel to Finland took place.
- Remain available for contact throughout the entire procedure.
- Apply for a travel document to the authorities of the country of origin if necessary.
Failure to comply with this duty may constitute grounds for imposing an entry ban or other sanctions by the authorities.
Therefore, even in an emotionally difficult situation, it is important to maintain contact with Migri and respond in good time to all official requests.
Can one remain in the country while the appeal is being considered
If the court grants a request for a prohibition on enforcement of the decision, the applicant may remain in Finland until a final decision is adopted by the administrative court.
If the request is refused, the applicant must leave no later than the end of the voluntary departure period set in the original decision.
Typical reasons for refusals and how to avoid them in a new application
The most common reason for refusal is an incomplete set of documents or contradictory information between the application and the attached supporting materials.
Another common reason is insufficient proof of income or employment stability, which can easily be remedied before re-submission.
Our experience shows that clients who analyse the text of the decision together with a lawyer before preparing a new application are far less likely to receive a repeated refusal.
Specifics for holders of temporary protection
Ukrainians who applied for a type “A” permit while retaining temporary protection usually do not automatically lose temporary protection status in the event of a refusal.
However, it is important to check the text of the decision: if Migri simultaneously adopted a decision on a stay ban, it should be clarified whether that decision concerns only the new permit or also the existing protection status.
Our experience shows that in such situations a prompt consultation with a lawyer helps to distinguish the consequences of the refusal for different grounds of stay in the country.
Which documents to attach to the appeal
An appeal must contain not only a statement of disagreement with the decision, but also specific evidence capable of affecting the outcome of the fresh examination.
- A copy of the contested Migri decision with instructions on how to appeal.
- A written statement of the applicant’s legal position.
- Evidence that was not submitted or considered during the initial procedure.
- Up-to-date documents concerning financial situation, employment, or family circumstances, if these have changed.
Appeal to the Supreme Administrative Court
If the administrative court dismisses the appeal, the applicant may apply to the Supreme Administrative Court, but only subject to leave to appeal being granted.
If the court allows the appeal, the case is remitted to Migri for reconsideration, and the authority must issue a new decision taking the court’s findings into account.
Expert view: how to improve the chances of a positive outcome
An analysis of our cases shows that appeals with clear legal argumentation and new evidence have significantly higher chances of a decision being reviewed than general objections without specifics.
Another important factor is timeliness: applicants who seek advice immediately after the decision have time to gather additional evidence before the appeal deadline expires.
We recommend not deciding on a strategy independently, but always consulting a specialist who will analyse the text of the refusal and the specific circumstances of the case.
International Law Firm "Zahist" has offices in several European countries and assists clients after negative Migri decisions—from analysing the reasons for refusal to filing an appeal or a new application.
An individual consultation immediately after receiving the decision makes it possible to choose an effective strategy and to challenge in due time the refusal of a residence permit in Finland within the time limit established by law.
Every Migri decision has its own context, so a detailed analysis of the refusal text remains the first and most important step toward a successful outcome.
The sooner an applicant seeks assistance after receiving a negative decision, the more lawful response options remain available.
