Green League of Finland made maeby the biggest political scam in it's history in this January by protesting the proposal for new Alien Act in Finland( the Act later in text ). Because of this protest the party clearly harmed the intrests of foreigners already residing in Finland. In below I will show case by case how the Act would of improved the status of the applicants. I will focus on non-EU citizens in this document: visa procedures are not changing much and work permit procedure would of been improved drasticly in the Act. EU/Schengen-member country citizens have virtually unlimited right to move to other member country.
Green League of Finland strongly argued for two points of law: the safe land of origin and also speeded up handling of residence permit appication. You have to remember, that both safe land of origin and speeded up handling of some residence permit applications are valid and effective procedure nowadays. Now most of the rules are hidden in internal guides and procedures of Directorate of Immigration (DoI), Minitery of Foreign Affairs (MoFA) and Ministry of Internal Affairs (MoIA). The new law would of given much more transparent law considering immigration - transparency of law is one of key elements for democratic and humane legistlation.
Protest of Green League of Finland and some other opposition parties caused the Act to become ineffective. They definitely knew, that by protesting content of the Act there is no time to handle it before the election and therefore invalidate the law. Is it possible, that the Act would of been effective by 1st of January 2004? Yes. If Green League of Finland would of demanded speeded up handling of the law, no party would of voted against it. If that would of happened, the Act would be in the desk of president waiting for her signature by the date.
Also third point to argue was that in some counties family is understood to be more than man, wife and their heir. The current law gives posibility to get your immediate family members to Finland and the Act is not changing the situation anyway. The thing is, you have to apply for your parents, they have to apply for their parents. Giving more freedom - for example by giving right ot apply for ones cousins - will actually close the border. Or wouldn't Finland do everything to prevent a person to come to country, if there is possibility that all of his/her 500 relatives has automatically right to come to country? Finally: current practise is by no means against international law.
How the Act would of improved status of some applicants? By widening of right to apply in Finland. 47§, 47a§1st moment, (48§, 48a§, 50§ or 51§) can be applied in Finland. Respectivelly the persons could be :
47§1 1)-3): Former citizen of Finland or direct descentant of one, spouse of citizen of Finland, employed foreigner in special cases
47§1 4): Person who got studying place and the studies starts soon. Spouse of foreigner with recident permit and married with children.
47a§1st: Spouse of finnish citizen. Other relative (like parents of spouse) have to wait in land of origin.
50§ 5th: If reason of your residence changes you can apply in Finland. Employed in other company? Graduated and got job? Got unemployed, but also married in short time?
By current law in all of cases above you have to stay in or return to your home country for making application and waiting for the result. Current 20§1 3) is practicly the same as 47§1 4). Complying of EU directive on preventing fake marriages (97/C382/01) is reguired in applicable cases.
There is not such as perfect law and the Act makes no difference. If there is 214 apples in basket, there is probably one or two rotten ones. You may not see the rotten ones when you open the lid, maeby those are not on the top. But when you take the apples one-by-one from basket you will find the rotten ones also. You do not have to eat those, but you can grow new tree from seeds. My perception is, that most of members of Green League of Finland haven't even opened the lid. Here's some of their comments** considering the Act:
"Therefore this Act is not stratetical plan for immigration, it is focusing only problems of handling refugees and aslym seekers" Irina Krohn, vihr.
"Without detailed arguments it is very difficult to understand the Act or flaws on it." Tuija Brax /vihr.
[How I found the detailed arguments in 10 minutes?]
"It has to be notifyed, that this [speeded up processing of applications, when land of origin is considered to be safe] is now worser version[in the Act], legal protection of applicant is lessened" Kirsi Ojansuu /vihr.
[It's not better, but the current procedure would of been written in law, e.g. transparency increased, and therefore the legal protection would be better (if splitting a hair is allowed)]
"It is totally miserable and inhuman order to march, for example in a case, if the child's best is to do re-union of family in some other country, the child is left alone. The best intrest for the child is to get family to Finland" Tuija Brax /vihr
[The real case is that if the child is coming from safe land of origin, the child can be re-united with his/her family - not left alone. If the land of origin is considered unsafe, the family is re-united in Finland a.s.a.p.]
"Actually there will not be any Act, everybody knows it by now, but they want to give a signal, that who is doing and how. I have to say, that in my view, it is sad that we do so. The Act has also been matter which is used as stick horse in many elections." Janina Anderson / vihr.
[Which party has the political stick horse here, the goverment or Green League of Finland?]
"It means, that we seduce foreigners to study in Finland, cash them and kick them out after the studies" ... "We do have to accept that after their studies the foreign students can stay and work in Finland" Erkki Pulliainen / vihr
Most of all, writing current practises to form of law - a.k.a to new Alien Act of Finland - would of speeded up handling of resident permit applications. When handling time of a residence permit application in late 1980's was one to two months, in 2001 the average handling time clearly exceeds six months. It seems to be, that there is no political will to shrink handling times of applications - not in the current goverment, nor in side of opposition parties: There has not been public outcry* from any party to demand more resources for DoI. Shortening handling times of applications is the best way to gurantee humane treatment of the applicants.
It seems, that Green League of Finland wanted to fish some votes from immigrants by rude and coldly calculated politics. I think, they should bear the responsibility of their actions. I will definedly BOYCOTT Vihreä Liitto - GREEN LEAGUE OF FINLAND and I will protest their politics even more strongly by voting some other party.
* Kisi Ojansuu mentioned resource needs of DoI it in her comment on the Act, but this issue has not been part of core politics of any party in Finland.
**Translated from PKT 177/2002 vp, which can be found from http://www.eduskunta.fi/thwfakta/vpasia/vepsfakta.htm by inputting "HE 265/2002" to "Asian tunnus:" field and pressing the search button.
Green League of Finland strongly argued for two points of law: the safe land of origin and also speeded up handling of residence permit appication. You have to remember, that both safe land of origin and speeded up handling of some residence permit applications are valid and effective procedure nowadays. Now most of the rules are hidden in internal guides and procedures of Directorate of Immigration (DoI), Minitery of Foreign Affairs (MoFA) and Ministry of Internal Affairs (MoIA). The new law would of given much more transparent law considering immigration - transparency of law is one of key elements for democratic and humane legistlation.
Protest of Green League of Finland and some other opposition parties caused the Act to become ineffective. They definitely knew, that by protesting content of the Act there is no time to handle it before the election and therefore invalidate the law. Is it possible, that the Act would of been effective by 1st of January 2004? Yes. If Green League of Finland would of demanded speeded up handling of the law, no party would of voted against it. If that would of happened, the Act would be in the desk of president waiting for her signature by the date.
Also third point to argue was that in some counties family is understood to be more than man, wife and their heir. The current law gives posibility to get your immediate family members to Finland and the Act is not changing the situation anyway. The thing is, you have to apply for your parents, they have to apply for their parents. Giving more freedom - for example by giving right ot apply for ones cousins - will actually close the border. Or wouldn't Finland do everything to prevent a person to come to country, if there is possibility that all of his/her 500 relatives has automatically right to come to country? Finally: current practise is by no means against international law.
How the Act would of improved status of some applicants? By widening of right to apply in Finland. 47§, 47a§1st moment, (48§, 48a§, 50§ or 51§) can be applied in Finland. Respectivelly the persons could be :
47§1 1)-3): Former citizen of Finland or direct descentant of one, spouse of citizen of Finland, employed foreigner in special cases
47§1 4): Person who got studying place and the studies starts soon. Spouse of foreigner with recident permit and married with children.
47a§1st: Spouse of finnish citizen. Other relative (like parents of spouse) have to wait in land of origin.
50§ 5th: If reason of your residence changes you can apply in Finland. Employed in other company? Graduated and got job? Got unemployed, but also married in short time?
By current law in all of cases above you have to stay in or return to your home country for making application and waiting for the result. Current 20§1 3) is practicly the same as 47§1 4). Complying of EU directive on preventing fake marriages (97/C382/01) is reguired in applicable cases.
There is not such as perfect law and the Act makes no difference. If there is 214 apples in basket, there is probably one or two rotten ones. You may not see the rotten ones when you open the lid, maeby those are not on the top. But when you take the apples one-by-one from basket you will find the rotten ones also. You do not have to eat those, but you can grow new tree from seeds. My perception is, that most of members of Green League of Finland haven't even opened the lid. Here's some of their comments** considering the Act:
"Therefore this Act is not stratetical plan for immigration, it is focusing only problems of handling refugees and aslym seekers" Irina Krohn, vihr.
"Without detailed arguments it is very difficult to understand the Act or flaws on it." Tuija Brax /vihr.
[How I found the detailed arguments in 10 minutes?]
"It has to be notifyed, that this [speeded up processing of applications, when land of origin is considered to be safe] is now worser version[in the Act], legal protection of applicant is lessened" Kirsi Ojansuu /vihr.
[It's not better, but the current procedure would of been written in law, e.g. transparency increased, and therefore the legal protection would be better (if splitting a hair is allowed)]
"It is totally miserable and inhuman order to march, for example in a case, if the child's best is to do re-union of family in some other country, the child is left alone. The best intrest for the child is to get family to Finland" Tuija Brax /vihr
[The real case is that if the child is coming from safe land of origin, the child can be re-united with his/her family - not left alone. If the land of origin is considered unsafe, the family is re-united in Finland a.s.a.p.]
"Actually there will not be any Act, everybody knows it by now, but they want to give a signal, that who is doing and how. I have to say, that in my view, it is sad that we do so. The Act has also been matter which is used as stick horse in many elections." Janina Anderson / vihr.
[Which party has the political stick horse here, the goverment or Green League of Finland?]
"It means, that we seduce foreigners to study in Finland, cash them and kick them out after the studies" ... "We do have to accept that after their studies the foreign students can stay and work in Finland" Erkki Pulliainen / vihr
Most of all, writing current practises to form of law - a.k.a to new Alien Act of Finland - would of speeded up handling of resident permit applications. When handling time of a residence permit application in late 1980's was one to two months, in 2001 the average handling time clearly exceeds six months. It seems to be, that there is no political will to shrink handling times of applications - not in the current goverment, nor in side of opposition parties: There has not been public outcry* from any party to demand more resources for DoI. Shortening handling times of applications is the best way to gurantee humane treatment of the applicants.
It seems, that Green League of Finland wanted to fish some votes from immigrants by rude and coldly calculated politics. I think, they should bear the responsibility of their actions. I will definedly BOYCOTT Vihreä Liitto - GREEN LEAGUE OF FINLAND and I will protest their politics even more strongly by voting some other party.
* Kisi Ojansuu mentioned resource needs of DoI it in her comment on the Act, but this issue has not been part of core politics of any party in Finland.
**Translated from PKT 177/2002 vp, which can be found from http://www.eduskunta.fi/thwfakta/vpasia/vepsfakta.htm by inputting "HE 265/2002" to "Asian tunnus:" field and pressing the search button.
Vastaukset
Vanhimmat
Ei vielä vastauksia
Aloittaja odottaa vastauksia. Kerro oma näkemyksesi ensimmäisenä.