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Complicated question for marriage and residence permit submitted by Sanda in Legal advice

Hi.

I have a complicated situation.
I live in Finland where I met my fiancée.
I am Finnish and my boyfriend is a asylum seeker and has negative decision.
What I want to ask now is, what is our options?
Can we get married in another country in eu?
If we live in another country, where will he get the residence permit?
Because I don't want to live in Finland is it possible to try to get a work permit or something for him after he has failed asylum but we are married?
Or do we need to get married just in Finland because he was a seeker in that country?

I have heard that when I am an eu citizen, of course I can live anywhere around eu, but he gets a permit in country where I am at the moment? Or just to Finland ?

Sorry it is a complicated message.

I really want a solution for this situation and to get married and have him a permit to stay with me.

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by Thor (Wefugees)

Hello @Sanda

Welcome to our community and thank your for your question. No need to apologize for the complexity of it - we will try to find a solution for every question on this platform ;)

I’m not familiar with the Finnish (asylum) law, but this is what I found out based on my research:

If a citizen of a EU-country (like Finland) gets married to a non-EU citizen, then the foreigner will receive a residence permit (issued by the state that the EU citizen is a national of). The residence permit also enables him/her to work within the EU. Your fiancé will be allowed to move and work within the EU.

For further information about how the application procedure for a residence permit in Finland works, please check out the following link:

infopankki.fi/en/moving-to...

You don’t have to marry in Finland just because your fiancé applied for asylum there. In general marriages within EU will be acknowledged by every other member state. But it might be easier to marry in Finland to avoid bureaucratic hurdles. For example it could be difficult for him to travel to other countries without having a refugee passport. And you will have to register a marriage that has been done abroad at a Finnish register office before he can apply for a residence permit. See this website for example: migri.fi/moving_to_finland...

Best regards,
Thorgen

2 comments
Hi thank you so much for your reply. Can I ask you one thing more. Is there a way I can keep him with me until all the paper work is ready for marriage? Something like intention of getting married soon? To avoid possible deportation. Because the paper work may take some time. We are just afraid. Thank you.
Sanda
Hello @Sanda - Feel free to ask further questions. That’s what this platform is made for ;) I tried to do a little bit of research about your inquiry, but unfortunately I couldn’t find information about this specific topic. Have you tried to get in contact with counseling centers to ask them for advice? They are probably more familiar with the Finnish asylum law and can tell you under which circumstances deportation can be postponed. Best regards, Thorgen
Thor (Wefugees)
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