As of May 6, 2025, the Finnish government has enacted new amendments to the Aliens Act, introducing stricter regulations that directly affect foreign nationals whose legal status in the country has ended. According to a recent press release from the Finnish Immigration Service (Migri), these legislative changes aim to enhance migration control by clearly defining the legal obligations of individuals whose residence permits have expired or whose applications for asylum or residence have been rejected.

This policy update, reported by Schengen.News, reinforces Finland’s position on maintaining lawful residency and ensuring that those without valid permits comply with the legal framework governing their stay in the country.

Key Changes to the Aliens Act

Under the revised legislation, any individual residing in Finland without a valid residence permit is now considered to be staying illegally. This includes:

Applicants who receive a negative decision on a residence permit or asylum application.

Permit holders who fail to apply for an extension before their existing permit expires.

Individuals whose entry visas are about to expire and who do not leave or regularize their status in time.

The law emphasizes that in such cases, individuals are required to leave Finland immediately unless they pursue specific legal remedies — most of which now must be conducted from outside the country.

Deportation and Ineligibility for Reapplication

A negative decision from Migri typically includes a deportation order, requiring the foreign national to leave Finland. Importantly, the revised rules eliminate the possibility for individuals to remain in the country by simply submitting a new residence permit application after receiving a rejection.

This means:

Individuals cannot delay deportation by reapplying.

Those who stay in Finland following a deportation order are considered to be in breach of immigration law.

Enforcement measures, including removal from the country and entry bans, may be applied.

Moreover, overstaying a visa or residence permit — even without malicious intent — can now be considered a serious offense under Finnish immigration law.

Appeal Rights and Conditions

While the new rules allow foreign nationals to appeal deportation or negative permit decisions, the government strongly encourages appeals to be made from outside Finland. Remaining in the country while appealing a “leave order” is now classified as an illegal stay.

However, in the case of a formal deportation decision (as opposed to a simple denial of an extension), individuals are generally permitted to remain in Finland during the appeal process. This exception is aimed at ensuring due process, but it does not grant the right to work, study, or otherwise legally reside in Finland during the appeal period unless specifically stated.

It is crucial to note:

Appealing from abroad is preferred and seen as more compliant with the new legal framework.

Illegal stay during an appeal can impact future applications for visas or residence permits.

Periods of unlawful residence will not be counted toward requirements for permanent residency or citizenship.

Impact on Long-Term Residency Prospects

One of the more significant implications of the new rules is the effect on long-term immigration goals. For instance, if a person stays in Finland illegally during an appeal or after the expiry of their permit, the duration of that stay will not be counted towards the required years for a permanent residence permit or citizenship.

Furthermore, individuals who exit Finland after overstaying or during an appeal may be denied reentry for a period of time, particularly if they violated the conditions of their previous stay.

Government’s Rationale and Outlook

The Finnish authorities have introduced these changes as part of a broader effort to maintain the integrity of the national immigration system and align with EU-wide enforcement standards. The Ministry of the Interior has highlighted the importance of ensuring that only individuals with legal grounds remain in the country, while also streamlining procedures for departures and appeals.

The government maintains that these measures are not aimed at penalizing migrants unnecessarily, but rather at ensuring compliance with immigration law and discouraging misuse of the application and appeals systems.

Advice for Foreign Nationals in Finland

For those currently residing in Finland or planning to move to the country, the following steps are recommended:

Monitor permit and visa expiration dates closely.

Apply for extensions well in advance of permit expiry.

Seek legal advice immediately if facing a negative decision or deportation order.

Follow all instructions from Migri regarding departure or appeal procedures.

Avoid overstaying, as it may lead to deportation, entry bans, or disqualification from future residency applications.

As Finland continues to adjust its migration policies in response to evolving domestic and international trends, it remains essential for foreign residents and prospective migrants to stay informed and compliant. The recent amendments mark a clear shift toward stricter enforcement, with less tolerance for overstays and irregular status.