New amendments to provisions on detention and entry ban help safeguard public order and security

The provisions of the Aliens Act on detention and entry bans will be tightened. In addition, the Act will provide for the possibility of withdrawing a residence permit from an alien staying outside Finland and imposing an entry ban on the alien for security reasons. 

The Government submitted new amendments to the Aliens Act for approval on Thursday 3 April. The President of the Republic is to approve the amendments on Friday. The amendments will enter into force on 6 May.

Maximum duration of detention to be extended

An alien may be detained in situations strictly defined by law, such as when there is reason to believe that they are avoiding removal from the country. In future, a person may also be detained if this is necessary to safeguard public order.

The maximum duration of detention will be extended from 12 months to 18 months in situations related to removal from the country. Detention may be extended from six months to 12 months even before the removal decision is made if the person is considered a danger to public order and security or to national security.

A child may be detained with a person who has custody of the child for a maximum of three months if this is essential for maintaining the family contact. Detention may be extended to a maximum of six months in the event that removal from the country is delayed due to the custodian's unwillingness to cooperate or lack of return documents.

The definition of the risk of absconding has been clarified by specifying in the Act detailed criteria for assessing when there is reason to assume that the person to be returned may abscond. In addition, the returnee will be obliged to cooperate with the Finnish authorities at all stages of the return process.

Amendments to provisions on imposing entry bans

The Act provides for a more effective imposition of entry bans in cases where no time limit has been set for voluntary return or the person has not left the country voluntarily within the fixed time limit.

In future, a temporary entry ban can be imposed on a third-country national for up to 15 years. This is consistent with entry bans imposed on EU citizens. Previously, it was possible to impose an entry ban on third-country nationals for a fixed term of no more than five years. The Act also continues to allow the imposition of an entry ban until further notice.

A residence permit can be withdrawn from an alien staying outside Finland and an entry ban be imposed on the alien due to the person being a danger to public order and security or to national security without hearing the person in Finland.

Amendments help prepare for situations that could jeopardise security

The amendments are based on the Government Programme’s entries concerning migration policy. The aim is to ensure efficient removal of individuals who are staying in the country illegally, to better safeguard public order and national security, and to prepare for new kinds of situations that could jeopardise security.

At the same time, more stringent provisions and best practices made possible by the EU’s Return Directive will be introduced to support the Government's objectives to tighten asylum policy.

Inquiries:
Jutta Gras, Senior Ministerial Adviser, tel. +358 295 488 650 firstname.lastname@gov.fi