Draft legislative proposal on tightening conditions for family reunification circulated for comments

The Ministry of the Interior has sent out for comments a draft government proposal on tightening the conditions for family reunification. The conditions would be made more stringent in cases where a third-country national applies for a residence permit based on family ties. The legislative project aims to introduce the additional conditions for family reunification enabled by the EU Family Reunification Directive, and to draft the required amendments to the Aliens Act.

It is proposed that in the case of granting a residence permit to a spouse on the basis of family ties, both spouses would need to be at least 21 years of age. However, the minimum age requirement would not apply to a Finnish citizen whose spouse applies for a residence permit.

In addition, it is proposed that if a child who has been granted international protection in Finland applies for family reunification, the requirement for sufficient financial resources would apply, with certain exceptions, to the child's family member; in practice, to the person who has custody of the child. Finally, the requirement concerning the period of residence would be extended to apply to sponsors receiving international protection. Sponsors who have been granted international protection would have to stay in Finland for two years before they can have their family members join them.

New conditions are based on the Family Reunification Directive

The new conditions outlined in the Government Programme are based on the EU Family Reunification Directive. The Directive defines the minimum conditions for the exercise of the right to family reunification by third-country nationals residing lawfully in the territory of the Member States. For the time being, Finland has not introduced all the additional conditions permitted by the Directive.

Family reunification refers to a residence permit granted to a foreign national on the basis of family ties. A sponsor can be a foreign national or a Finnish citizen. A foreign spouse of a Finnish citizen, a family member of a foreign national working or studying in Finland, or a family member of a person who has been granted international protection in Finland may apply for family reunification.

The proposed act is scheduled to enter into force on 1 May 2025.

Inquiries:
Tuuli Tuunanen, Chief Specialist, tel. +358 295 488 658, [email protected]