Migri's suspicions arise if there is a complete lack of cohabitation or the marriage is concluded almost at the first meeting.
Immigration Office In only a couple of percent of the negative residence permit decisions made by Migri, the refusal of the permit is based on the conclusion of a marriage of convenience.
HS told on Thursday how an Indian woman who completed two degrees in Finland was deported from Finland, even though she was known to have a well-paid job as a foreman in a food factory.
The reason behind the negative decision was the suspicion of evading immigration regulations by means of marriage of convenience.
Head of Migri's permit and citizenship unit Pauliina Helminen would not comment on the details of the case. He points out that in the majority of cases where family ties are the basis, the residence permit decision is granted.
More than 20,000 residence permit decisions based on family ties were made last year, and more than 90 percent of them were positive. There are approximately 200–300 cases of suspected marriage of convenience every year.
Authorities strive to find out the real basis of the residence permit through interviews and investigations. Doubts may arise if contradictions appear in the statements presented by the spouses.
“If the common life is completely absent, if the marriage was concluded almost at the first meeting, or if there are unusual circumstances in the personal or license history of the parties”, Helminen lists.
These unusual circumstances can be, for example, that the applicant for a residence permit has been decided to be removed from the country just before the couple moves in together or gets married.
“Then the authorities may suspect that there is another reason for staying in the country.”
Why is a marriage of convenience considered such a serious offense that it gives grounds for deportation even years later?
“Migri is an authority that applies the law. Our operations are based on the legislation that sets the conditions for issuing a residence permit. When the residence permit is based on marriage for the purpose of family life, Migri will determine that there is no circumvention of the regulations.”
Helminen emphasizes that the absence of the conditions for a permit and the deportation of a person does not mean that any criminal behavior has been found.
“I emphasize that each case is individual, and Migri always makes an overall assessment. The legality of decisions is monitored by independent courts. The courts will look at whether Migri's decisions are legal and sustainable.”
However, there are cases in which Migri itself has changed the criteria when granting the extension permit. In addition to or instead of the marriage basis, it has been possible to justify the granting of a continuation permit by the fact that the person has completed a degree in Finland.
“When a customer applies for a residence permit, he always states himself what the basis for residence is at that particular time. Previous history can affect the granting or non-granting of a new permit. If it seems to us that there are other reasons that the customer has not been able to justify, we can request additional explanations.”
Does a foreigner have to be completely crime-free before a residence permit is granted? If not, what kind of violations is the line drawn to?
“It would be dangerous if there was a limit, because then individual cases would not be taken into account,” says Helminen.
He says that the most important thing for Migri is that every person is heard. If violations are found, Migri will consider whether they are an obstacle to granting a permit.
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