Entry ban and maximum detention period extended, more detailed provisions given on the right to reside in Finland after a decision on removal from the country

The purpose of the amendments is to strengthen security and to increase the efficiency of removals from the country in situations where a foreign national is residing illegally in Finland. One of the factors contributing to the amendments is the EU legislation on asylum and return.

Right of residence more strongly linked with enforcement of decision on removal from the country

As a result of the amendments, the possibility to reside in Finland for all customers who have received a decision on removal from the country depends on when the customer's removal decision becomes enforceable. The decision becomes enforceable when the time limit set for voluntary return starts, or at the point when authorities could remove the person from the country. The decision given to the customer states when the customer must leave Finland at the latest. Residence in Finland becomes illegal when the customer no longer holds a residence permit or a visa, for example, or if the customer has not submitted an application while the previous residence permit was still valid.

The residence of a person who applies for a first residence permit or for an extended permit becomes illegal immediately when the Finnish Immigration Service makes a negative decision on the application and the person has no other valid grounds for residing in Finland. This was the case even before the amendments. In addition, residence becomes illegal in situations where the customer's current permit expires and the customer has not applied for a new permit before the expiry. Foreign nationals who reside in Finland illegally can no longer make their residence in Finland legal by submitting a new residence permit application. Now, the granting of a permit depends even more strongly on legal residence in the country with a residence permit or a visa, for example. 

“Each application will be considered individually. Derogating from the requirement for legal residence is possible only in certain specific situations. If a customer applies for an extended permit late, for example, there must be a special reason for the late application, such as a severe illness. From now on, the agency will assess even more closely in connection with all residence permits whether or not it would be unreasonable to refuse the customer a permit in cases where the customer is residing in the country illegally,” says Johanna Waal, Director of Legal and Specialist Services Unit.

A customer who receives a negative decision will usually also receive a decision on removal from the country. No new removal decision is issued if a customer applies for a new permit after receiving a negative decision. This will lead to a shorter waiting time for enforcement of removal from the country since its counting starts earlier, on the day when the decision on removal from the country was issued. The police are responsible for enforcing removals from the country.

“If a customer who is in Finland receives a negative decision on their residence permit application and no longer resides legally in Finland, the customer must leave Finland. However, the customer can continue residing in Finland until the decision on removal from the country becomes enforceable. The customer may submit a new application on new grounds during that time, but submitting a new application will not affect the enforcement of the decision on removal from the country,” says Waal.

A person who applies for international protection is not required to reside in Finland legally when he or she submits the application. For a person who has applied for international protection, residence in Finland is legal until a decision has been made on the application. If an applicant receives a negative decision on their asylum application and applies for asylum again, the Finnish Immigration Service decides whether or not the application can be admitted for examination. In such cases, the applicant may not necessarily be allowed to continue residing in Finland despite submitting a subsequent application.

An applicant who has received a negative decision may appeal against the decision but residence in Finland during the appeal process is illegal. 

Fixed-term entry bans may be valid for up to 15 years

When the amendments have entered into force, a fixed-term entry ban for up to 15 years may be imposed on a third-country national. Before the amendments, the Aliens Act allowed fixed-term entry bans of up to 5 years to be imposed on third-country nationals. Issuing an entry ban that is valid until further notice is still possible even after the amendments. An entry ban will usually prohibit entry into the entire European Union area and the Schengen area.

“From now on, the residence permit of a foreign national who does not reside in Finland may be withdrawn and an entry ban may be imposed on him or her for reasons of public order and security or because of endangering national security without having to hear the person in Finland. An entry ban may also be imposed if the person has concealed facts or has presented false information,” says Waal.

Customers who reside in Finland and receive a decision on removal from the country now have an obligation to cooperate. The obligation to cooperate means that the customer is required to cooperate with the authorities in all stages of the removal process. An entry ban may be imposed on a customer who refuses to comply with the obligation to cooperate.  

Duration of detention extended

A foreign national may be detained in certain situations laid down in law, such as when there are grounds to suspect that the person will try to avoid being removed from the country. Detaining a person becomes possible also if detention is considered necessary for ensuring public security.

“The maximum time for holding a client who has received a decision on removal from the country in detention is extended from 12 months to 18 months. The detention period may be extended from 6 months to 12 months already before issuing a decision on removal from the country if the person is considered a danger to public order and security or to national security. The Finnish Immigration Service has now been given the right to impose a residence obligation or an obligation to report on an asylum seeker who lives in a reception centre and is at least 18 years of age,” says Waal.

The decisions on detaining a person are made by the police or the border authorities. The Finnish Immigration Service runs the detention units and is responsible for directing, planning and supervising the practical detention unit operations.

Media enquiries

• Johanna Waal, Director of Legal and Specialist Services Unit, firstname.lastname@migri.fi, tel. 0295 433 922
• Press release by the Ministry of the Interior, 3 April 2025: New amendments to provisions on detention and entry ban help safeguard public order and security (intermin.fi)
• Finnish Immigration Service website: Denial of admittance or stay, deportation, entry ban