Supervision of foreign nationals

The grounds for removal from the country are laid down by law. The police and border control authorities have a legal duty to take steps to ensure the refusal of entry, denial of admittance or stay or the deportation of a foreign national, or present a requirement to leave for another EU member state pursuant to the Finnish Aliens Act, if the foreign national does not satisfy the conditions for entry to or residence in Finland (Aliens Act, sections 149 and 151.1). For more information about residence permits, visit the website of the Finnish Immigration Service.

The Aliens Act mandates the Police and the Border Guard to remove a person who enters or resides in the country illegally.

Residing in Finland is not permitted without a valid residence permit. In practice, the decision to remove a person is taken by the Finnish Immigration Service in the case of asylum seekers, by the Border Guard in the case of persons attempting to enter the country unlawfully, and either the Police or the Finnish Immigration Service in the case of persons who are residing in the country illegally. For more information about the division of responsibilities relating to immigration in Finland, visit the website of the Finnish Immigration Service.

A person can be returned to another country for a number of reasons. Some of these persons are unsuccessful asylum seekers, while others are individuals who have committed serious crimes. The police refrains from publishing details about specific return orders and flights to protect the legal rights and safety of the returnees. The police’s information policy in respect of flights carrying returnees must comply with international treaties and aviation safety rules. The safety of the authorities and other passengers as well as the smooth operation of airports must also always be taken into account.

It is also worth noting that, if a returnee is suspected of a crime, the police cannot, under the Finnish Criminal Investigation Act, comment on individual criminal cases in public or confirm the identity of a suspect, even if the suspect’s name is already public knowledge. Whether or not the returnee has publicised their circumstances themselves is irrelevant. The Criminal Investigation Act is extremely strict in this respect.

The decision as to whether or not a person satisfies the conditions for entry to or residence in the country is taken by the Finnish Immigration Service, the Border Guard or the Police. A person can only be returned to another country pursuant to a legally enforceable order.

If a person’s residence permit application is rejected, the Police or the Finnish Immigration Service must also issue a refusal-of-entry order. Enforcing the order, i.e. removing the person from the country, is the responsibility of either the Police or the Border Guard.

If a person’s residence permit application is denied due to their having circumvented immigration rules, for example, by entering into a marriage of convenience, their refusal-of-entry order will also include a re-entry ban to the Schengen area. A re-entry ban can also be imposed if a person is deemed to present a danger to public order or safety due to, for example, their criminal history. Another circumstance in which a re-entry ban can be issued is if a person is denied international protection under the expedited procedure.

In other cases, the person is given a short window to leave the country voluntarily. If they fail to leave the country within this window, they will be banned from re-entering the Schengen area.

For more information about the refusal of entry to asylum seekers, see Asylum in Finland – Refusal of entry on the website of the Finnish Immigration Service.

The security situation in the country to which a person is to be returned is assessed when their residence permit application or asylum claim is denied. The assessment is repeated at all stages of the decision-making process, all the way up to the competent administrative court and the Supreme Administrative Court.

It is the responsibility of the authority that makes the decision on a person’s removal from the country and any courts reviewing that decision to ensure that the order can be enforced without violating the so-called non-refoulement provisions of the Aliens Act. The merits of each case are assessed individually. This is to ensure compliance with the principle of non-refoulement, which dictates that no person can be returned to a country in which they are likely to face the death penalty, torture, persecution or other inhuman or degrading treatment. The Police and the Border Guard as the enforcement authorities in Finland are ultimately responsible for ensuring that non-refoulement provisions are not violated. However, the Finnish authorities have no obligation, and no right, to keep a foreign national under surveillance abroad. Doing so would violate due process.

There are two different ways to remove a person from the country: refusal of entry and deportation.

If a person’s residence permit application is rejected, the Finnish Immigration Service must also issue a refusal-of-entry order. Enforcing the order, i.e. removing the person from the country, is the responsibility of either the Police or the Border Guard.

If a person has previously held a residence permit but fails to secure an extension, the Finnish Immigration Service issues a deportation order. A person can also be deported if they commit crimes in Finland. Enforcing the order, i.e. removing the person from the country, is the responsibility of either the Police or the Border Guard. For more information, visit the website of the Finnish Immigration Service.

Citizens of EU and EEA countries do not need a residence permit in Finland. Nationals of other countries usually need either a valid visa or a residence permit. If a person does not have a legal right to reside in Finland, they must leave the country.

The police and border control authorities have a legal duty to take steps to ensure the deportation of a foreign national, or present a requirement to leave for another EU member state pursuant to the Aliens Act, if the foreign national does not satisfy the conditions for entry to or residence in Finland (Aliens Act, sections 149 and 151.1). Residing in the country illegally also affects a person’s chances of getting a residence permit in the future.

For more information and answers to frequently asked questions, visit the website of the Finnish Immigration Service.

In addition to legality control by the enforcement authorities themselves, the lawfulness of the removal of foreign nationals from the country is ensured through the Office of the Non-Discrimination Ombudsman. The Non-Discrimination Ombudsman is an autonomous and impartial authority whose tasks include promoting equality, acting as Finland’s National Rapporteur on Trafficking in Human Beings and preventing discrimination. Discrimination includes all forms of unjust or prejudicial treatment of a person based on their origin, language, nationality, religion, belief, opinion, political activity, trade union activity, family relationships, age, sexual orientation, state of health, disability or other personal characteristics.

The Non-Discrimination Ombudsman oversees the enforcement of removals from the country under the Aliens Act at all stages of the process.

Yes, under section 40 of the Aliens Act: a foreign national may reside legally in the country while his or her application is being processed until there is a final decision on the matter or an enforceable decision on his or her removal from the country.

The first priority is to remove from the country any persons who present a danger to public order or safety, public health or national security.

There are, as a rule, three reasons why a return operation might be aborted at the last minute. Firstly, the competent administrative court or the Supreme Administrative Court can order a stay of execution just as the flight is about to depart. In such cases, the police naturally aborts the removal operation.

The second reason would be the returnee’s aggressive behaviour. There have been cases where the captain of the aeroplane has refused to let a returnee on the flight. The commander of a police unit can also decide to abort a return operation in some circumstances. These kinds of decisions are typically based on the safety of other passengers.

The third reason is what are known as last-minute submissions, namely asylum claims and petitions for a stay of execution. There have been instances in Finland where a last-minute submission has been made when the enforcement of a return order has already begun but the person is still in Finland – this is currently possible under Finnish law. Some EU countries have a deadline for seeking a stay of execution or filing a new asylum claim ahead of a person’s removal from the country.

The law states that no one can be denied admittance or stay and sent back, deported or, as a result of refusal of entry, returned to an area where he or she could be subject to the death penalty, torture, persecution or other treatment violating human dignity or from where he or she could be sent to such an area (Aliens Act, section 147). This is known as the principle of non-refoulement. It is worth remembering that no Finnish authority has an obligation, or a right, to keep a foreign national under surveillance abroad. Doing so would violate due process.

The police would also like to point out that not all those who provide assistance to asylum seekers and persons who are being removed from the country are honest people. The police is aware of several cases where an individual who has offered to assist persons who are about to be removed from the country has actually defrauded them.

The legal position on undocumented migrants is that they reside in the country illegally.

Undocumented migrants do not have access to the same kind of support from society as legal residents, and they are consequently more likely to become victims of crime and, statistically speaking, also more likely to commit crimes themselves. Human trafficking is one form of crime to which undocumented migrants are vulnerable. Undocumented migrants reside in Finland illegally and are forced to live outside of society’s services and assistance. A life outside society is not a dignified life. The way to enter Finland legally is to apply for a residence permit or a work permit from a Finnish embassy.

Yes. However, the authorities and the Non-Discrimination Ombudsman are particularly diligent when it comes to removing unaccompanied children and families with children, the health of returnees and the identification of victims of human trafficking. Even these kinds of persons can nevertheless be returned to their home country or removed from Finland. Airlines have different policies on when and how long pregnant women can fly. The police respects these rules. Medical clearance to fly can be obtained if necessary.

If a person is refused entry on the grounds of a criminal conviction, they are usually also issued a re-entry ban for a period of at least two years (see Aliens Act, section 151.2). The competent authority in these cases is the Finnish Immigration Service. Evidence of all criminal offences of which the person is suspected (police reports) as well as all their previous criminal convictions and charges brought against them is enclosed with the proposal to refuse entry in order to determine the length of the re-entry ban in light of all the circumstances of the case pursuant to section 146 of the Aliens Act.

If a person whose entry is refused is incarcerated when the decision is made, the decision will state that the person is to be removed from the country upon their release from prison.

The Finnish Immigration Service refuses entry to or deports all those who have committed serious crimes whenever there are legal grounds to do so. An asylum seeker who has refugee status cannot be denied asylum even if they have committed a serious crime in Finland. This is based on the Geneva Convention and the Finnish Aliens Act (section 87.2).

A residence permit sought on the grounds of subsidiary or humanitarian protection can, on the other hand, be denied if the applicant has been convicted of a crime. However, even a person convicted of a serious crime cannot be removed from the country if he or she could be subject to the death penalty, torture, persecution or other inhuman or degrading treatment in their home country. This is based on the Constitution of Finland (section 9), the Aliens Act (section 147) and the European Convention on Human Rights (Article 3).

If an asylum seeker with a criminal history does not have refugee status and is able to return safely to their home country, their asylum claim will be denied and a refusal-of-entry order will be issued. If they do have refugee status or cannot return safely, they will be given a temporary residence permit for one year at a time.

You can read more about the effect of criminal convictions on the asylum process on the website of the Finnish Immigration Service.

Finland is a signatory to international treaties that provide for sending war criminals convicted in international criminal courts (ICC, ICTY, SLETI) to serve their sentences in Finland. These individuals can, after their release, be denied the right to stay in Finland and removed to their home country or country of residence under the Aliens Act (section 148.2) unless they qualify for a residence permit. No re-entry ban is generally imposed in such cases unless the person is deemed to present a danger to public order and safety specifically in Finland.

The police or border control authorities can, in connection with denying admittance or refusing entry to a third-country national, i.e. a national of a country other than Finland or another EU member state, issue a re-entry ban for a period of up to two years. If a re-entry ban needs to be imposed on an EU citizen, either the Police or the Border Guard must first draw up a formal proposal on the refusal of entry and a re-entry ban to Finland and submit it to the Finnish Immigration Service, which will make the final decision.

A re-entry ban can be issued, for example, to a person who has been convicted of a crime. A person convicted of possession of narcotics, for instance, can be issued a re-entry ban for a period of one or two years.