Legislative amendments preventing evasion of entry rules to come into effect starting 1 September

New legislative amendments will prevent the evasion of provisions on entry more effectively than before. In its session on 4 July, the Government proposed that the President of the Republic approve the amendments to the Aliens Act and the Researchers and Students Act. The President of the Republic is scheduled to approve the amendments on 5 July, and they will enter into force on 1 September 2024.

The existing provision, which is subject to interpretation, will be replaced by new, more specific regulation. The Aliens Act will specify each situation in which a residence permit must be refused, including provision of false information, irregular stay, working illegally in Finland and marriage of convenience.

Preventing asylum seekers from switching application procedures and imposing stricter obligations for applicants to prove their identity

The amendments will put a stop to the practice of switching from an asylum procedure to a work-related immigration procedure in order to apply for a residence permit. Applicants for international protection or persons whose application has been rejected can no longer obtain a residence permit on the basis of employment, self-employment or studies.

This will prevent cases where an applicant applies for asylum with the sole aim of finding employment or studying in Finland. The reform will support the Government Programme’s objective of promoting rapid departures of rejected asylum applicants.

With the amendment, applicants for a residence permit must verify their identity with a national travel document, with certain exceptions.

Making biometric data available to the Schengen Information System

Biometric data may, in future, be added to alerts on return and on refusal of entry and stay stored in the Schengen Information System. This will improve the ability of the authorities to verify the identity of the person subject to the alert or to identify the person. 

Alerts help the authorities ensure that the obligation to return has been complied with, support the enforcement of return decisions and prevent persons from returning to the Schengen area if they are subject to an entry ban.

Inquiries:
Anu Polojärvi, Senior Specialist, tel. +358 295 488 237, [email protected]