Can a Person with a Schengen Ban Still Apply for a Residence Permit in Finland?

When a person is banned from the Schengen countries, they often wonder if they can still apply for a residence permit in Finland. This article aims to clarify the situation by providing a detailed analysis of the legal and practical considerations involved.

Finland as a Schengen Country

Finland is indeed a member of the Schengen area, which means all entry and residence permits are processed according to Schengen migration rules. This unity in policy makes it clear that a ban on entry to any Schengen country, including Germany, Austria, France, and others, would generally prevent a person from entering or residing in Finland.

Application Despite Schengen Ban

Even though a ban applies, a person may still attempt to apply for a residence permit in Finland. However, the likelihood of a positive decision is extremely low.

Entry Permits: Currently, all entry permits are processed against the Schengen migration database. If a person has been banned from Schengen countries, their application for entry into Finland will be negatively decided. They would not be permitted to enter the Schengen area, including Finland, unless exceptions apply under specific circumstances such as human rights considerations.

Arrest and Removal

In the event of an illegal entry, such as attempting to enter Finland without permission, law enforcement would likely arrest and remove the individual. The strictness of the ban extends to the entire Schengen area, meaning illegal entry into any Schengen country would result in removal.

Special Circumstances

Family Reunion: There are some exceptions to the rule. For instance, a person with a Schengen ban might still be eligible for a residence permit for the purpose of family reunion. In this case, human rights and family reunification laws could potentially override the ban. However, this is an exception rather than the rule, and the decision largely depends on the individual case.

Residence Permit Applications: The decision to grant a residence permit in Finland will depend on the specific application being made. For example, a residence permit for family reunification may be more favorable compared to other types of permits, such as working or studying, due to human rights considerations. However, in general, a Schengen ban will likely lead to a summary rejection of the application.

Embassy Waivers

If one wishes to seek a special waiver for entry to Finland, they must contact the Finnish embassy and provide a compelling reason for why a waiver might be justified. While there may be rare cases where a waiver is granted, it is not advisable to rely on such a possibility for an unlawfully ban.

Conclusion: A Schengen ban significantly restricts a person’s ability to enter or reside in Finland. While it is technically possible to apply for a residence permit, the chances of receiving a positive decision are minimal. Special circumstances such as family reunification might offer some flexibility, but the ban remains a major hurdle to overcome.

For those with a Schengen ban, it is crucial to understand the implications and seek legal advice before attempting to apply for a residence permit in Finland or any other Schengen country.