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ANNUAL POLICY REPORT Finland 2011

Riikka Asa

ANNUAL POLICY REPORT Finland 2011

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Table of content Executive Summary

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1. Introduction: purpose and methodology followed 1.1 Methodology 1.2 Terms and Definitions 2. General structure of political and legal system in Finland 2.1 General structure of the political system and institutional context 2.2 General structure of the legal system

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12 12 13

3. General developments relevant to asylum and migration 3.1 General political developments 3.2 Main policy and/or legislative debates 3.3 Broader developments in asylum and migration 3.4 Institutional developments

15 15 16 18 19

4. Legal immigration and integration 4.1. Economic migration

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4.1.1 Specific context 4.1.2 Developments within the national perspective 4.1.3 Developments from the EU perspective

4.2 Family Reunification 4.2.1 Specific context 4.2.2 Developments within the national perspective 4.2.3 Developments from the EU perspective

4.3 Other legal migration 4.3.1 Specific context 4.3.2 Developments within the national perspective 4.3.3 Developments from the EU perspective

4.4 Integration 4.4.1 Specific context 4.4.2 Developments within the national perspective

4.5 Citizenship and Naturalisation 4.5.1 Specific context 4.5.2 Developments within the national perspective 4.5.3 Developments from the EU perspective

5. Irregular immigration and return 5.1 Irregular Immigration 5.1.1 Specific context 5.1.2 Developments within the national perspective 5.1.3 Developments from the EU perspective

5.2 Return 5.2.1 Specific context 5.2.3 Developments from the EU perspective

5.3 Actions against human trafficking 5.3.1 Specific context 5.3.2 Developments within the national perspective 5.3.3 Developments from the EU perspective

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32 32 32 34

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37 37 39

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6. Border control 6.1 Control and surveillance at external borders

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6.1.1 Specific context 6.1.2 Developments within the national perspective 6.1.3 Developments from the EU perspective

60 61 61

6.2 Cooperation with respect to border control

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6.2.1 Specific context 6.2.2 Developments within the national perspective 6.2.3 Developments from the EU perspective

61 61 62

7. International protection, including asylum 7.1 Specific context 7.2 Developments within the national perspective 7.3 Developments from the EU perspective

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8. Unaccompanied minors and other vulnerable groups 8.1 Specific context 8.2 Developments within the national perspective 8.3 Developments from the EU perspective

70 70 70 70

9. Global approach to migration 9.1 Specific context 9.2 Developments within the national perspective 9.3 Developments from the EU perspective

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10. Implementation of eu legislation 10.1 Transposition of EU legislation 2011 10.2 Experiences, debates in the (non-) implementation of EU legislation

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References

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Executive Summary The year 2011 in Finland will be remembered for the parliamentary elections and the anti-immigration public dialogue preceding them. The anti-anti-immigration True Finns party was the undeniable winner in the elections with 39 seats. Finland’s slow economic recovery from the recession that began in 2008 was seen as a factor contributing to the anti-immigration atmosphere in 2010. Economic growth slowed down in 2011, giving rise to fears of a new economic recession as exports and the construction sector suffered as a result of the EU debt crisis. The new government of Prime Minister Jyrki Katainen will update the Future of Immigration 2020 strategy. The aim is to increase the employment rate of immigrants while maintaining the current system of determining the availability of labour on the domestic labour market. The Government Programme highlights the integration of immigrants, the managed and systematic placement of refugees in municipalities, the acceleration of the processing of asylum applications, the prohibition of the detention of unaccompanied minor asylum seekers, aligning family reunification practices on those of other Nordic countries as well as clarifying statistics and research activities concerning immigration and making them more efficient as focal points of its immigration policy. The government will evaluate the effectiveness, structure and need for improvements in integration administration during its term of office. Prime Minister Katainen appointed Päivi Räsänen of the Christian Democrats as Minister of the Interior. The position of Immigration Minister established by the previous government was discontinued and the Minister of the Interior was assigned responsibility for immigration, the police, rescue services and the Border Guard, with the exception of matters under the Integration Unit. Matters related to the Integration Unit will be the responsibility of Minister of Labour Lauri Ihalainen. Immigrant integration affairs will be transferred from the Ministry of the Interior to the Ministry of Employment and the Economy at the beginning of 2012. The change is in line with the government’s aim to improve the employment of immigrants on the open labour market. As a result of decreased immigration volume, the immigration administration’s budget will be cut by €20 million. In December 2011, the Ministry of the Interior set up a project to improve the effectiveness of the administration of immigration affairs. The project will assess the asylum process as a whole and determine what factors slow down decisionmaking and the enforcement of decisions and prepare a plan to eliminate the factors or reduce their impact. Cost savings are also sought through increased cooperation between the authorities. In order to improve cooperation, the Ministry of the Interior set up a project with the aim of adopting a cooperative model between the Finnish Immigration Service, the Police and the Border Guard (FPB). The new cooperation model is scheduled to be implemented in autumn 2013. According to Statistics Finland, total immigration decreased in 2010. Emigration from Finland to other EU Member States also declined, reaching the lowest level in twelve years. Preliminary statistics for 2011 though suggest that net migration to Finland exhibited a marked increase during the year to 15,770 persons, compared 13,750 the year before. According to the Finnish Immigration Service, the number of residence permit applications filed in 2011 was 23,725, a decrease of approximately 3% from the figure of 24,547 from the year before. The majority of residence permit applications (43%) are

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filed on the grounds of family ties. In 2011, the Finnish Immigration Service processed some 9,300 residence permit applications on the grounds of family ties. Of this total amount, 6,300 were filed by Somali nationals. The police granted 1,386 first-time residence permits within its jurisdiction in January-September 2011 to spouses, children or guardians of Finnish citizens and the children of foreign nationals. The number of student residence permit applications filed in 2011 was about 10% higher than in the corresponding period in 2010. The factors behind the increase in the number of applications include the internationalisation plans and objectives of Finnish universities.1 The number of asylum seekers decreased by 20% in 2011 compared to the year before. The total number of asylum seekers in 2011 was 3,088. The most significant change in the profile of asylum seekers was the almost complete absence of EU citizens among the applicants (in 2010, asylum seekers in Finland included citizens of Bulgaria and Romania). The effects of the Arab Spring were evident in a slight decrease in the number of Syrian asylum seekers. The number of underage asylum seekers (150) declined in 2011 to less than half of the corresponding figure in 2010 (329). In response to the decline in the number of asylum seekers, the Finnish Immigration Service cut the accommodation capacity of reception centres by approximately 550 beds in 2011. On the immigrant integration front, a significant step was taken in September 2011 with the entry into force of a new Integration Act aiming to facilitate integration from the early stages of immigration and promote equality between immigrants and the original population. Under the new Act, integration measures are extended to cover all immigrants. The promotion of immigrant integration was also one of the objectives of amending the Nationality Act. The amendments resulted in the duration of residence required for obtaining Finnish nationality being changed from six years to five and temporary residence in Finland being taken into consideration under some circumstances in making decisions on granting citizenship. The number of irregular immigrants declined in 2011 until September, at which point the effects of the Arab Spring began to be reflected in a slight increase in the number of asylum seekers. As in previous years, the majority of irregular migrants entered Finland from within the Schengen Area and the problems associated with irregular migration were primarily related to clandestine workers from other EU countries, such as Estonia. Biometric residence permit cards will be introduced in Finland on 1 January 2012. The implementation of biometric residence permit cards is based on a Council Regulation approved in 2001 (EC No 1030/2002) laying down a uniform format for residence permits in the EU. The implementation of biometric residence permit cards aims to prevent abuse of the residence permit system and illegal entry with falsified personal documents through the use of a microchip with a facial photograph and two fingerprint images as biometric identifiers.

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The Finnish Immigration Service’s practices for collecting statistics were changed in the beginning of 2011. As a result, the statistics for 2010 and 2011 are not directly comparable.

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In December 2010, the Finnish Border Guard introduced ten automatic border control checkpoints at Helsinki-Vantaa airport. In July 2011, new automatic checkpoints were added for flights arriving from outside the Schengen Area. Border traffic continued to increase in 2011 at all international border crossings with the exception of Vainikkala and Vartius. In 2011, the Finnish Border Guard reported several instances of imposters attempting to use genuine travel documents issued to someone else. In response to growing cross-border crime, the Border Guard has increased cooperation with national as well as international authorities. During the year, the Border Guard participated in several EU-led projects to improve border security and train national officers (including the Frontex RABIT operation at the Turkish-Greek border) and the ILO network was strengthened with the addition of a new liaison officer at the Embassy of Finland in Delhi, India in May 2011. National dialogue on the implementation of EU legislation has been typically quiet in Finland. Legislative amendments related to immigration are prepared by the Ministry of the Interior, which has come in for criticism by trade unions, among others, due to its apparent unwillingness to exceed the minimum standards set in EU Directives. As national legislation is largely in line with the requirements of the Directives, legislative changes have been minor.

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1. Introduction: purpose and methodology followed This is the Annual Policy Report 2011 of the Finnish National contact point for the European Migration Network. The report gives an insight into the most significant political and legislative developments, as well as public debates in the area of migration and asylum. The reference period of the report is from 1st of January 2011 to 31st of December 2011. The EMN Annual Policy report has two objectives. Firstly, the report aims to cover nation-specific significant developments (political, legal administrative, public debates) in the area of migration. Secondly, the report will document the state of implementation of EU legislation and the impact European policy developments at national level. Developments specifically related to the commitments in the Pact and Stockholm Programme are reported in separate subsections in order to facilitate the production of the Commission’s Annual Report. The report also covers experiences of implementation of EU-legislation, concern and criticism of public through media as well as tentative statistical data identifying trends on migration and asylum. In October 2008, the European Council adopted the European Pact on Immigration and Asylum, which is based on five basic commitments: organising legal migration with consideration for Member States’ labour market needs and the integration of immigrants, fighting illegal migration, particularly by ensuring the effective repatriation of illegal immigrants, protecting Europe better by improving external border security, creating a single European asylum system and focusing on comprehensive partnership with countries of origin and transit countries to promote their development. In December 2009, the European Council adopted a new multi-year plan with guidelines for justice and home affairs of the Member States for the years 2010 through 2014 (later referred to as the Stockholm Programme). The programme follows the Tampere and Hague Programmes that pre-ceded it. The key focus of the Stockholm Programme is to protect citizens’ fundamental rights and improve security. The Programme comprises seven chapters: introduction, citizens’ rights, law and justice, protecting citizens, border policy, migration and asylum policy and external relations in justice and home affairs. With regards to fundamental rights, in the Stockholm Programme the European Council urges the Commission to immediately issue a proposal to have the EU join the European Convention on Human Rights. The Programme also emphasises the need to ensure that legislative initiatives are consistent with fundamental rights. The European Migration Network operates under the European Commission and reports annually on the implementation of the European Pact on Immigration and Asylum at the national level as part of its annual EMN Policy Report. In Finland, the national contact point for the EMN is part of the Finnish Immigration Service. An analytical synthesis based on the national reports forms part of the system of monitoring the implementation of the European Pact on Immigration and Asylum by providing a foundation for discussions with the European Council.

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The year 2009 was a pilot year for the system of monitoring the implementation of the European Pact on Immigration and Asylum and the reporting system will be developed further based on the experiences gained. Monitoring the implementation of the Stockholm Programme was assigned to the national contact points of the European Migration Network in 2010. Monitoring the European Pact on Immigration and Asylum and the Stockholm Programme is intended to be part of the EMN’s annual policy reports on migration. As part of monitoring the implementation of the Stockholm Programme, the European Migration Network reports on, among other things, the implementation of the European Commission’s 2010-2014 action plan on unaccompanied minors. The action plan regarding unaccompanied minors relies extensively on the national reports produced by the European Migration Network. A synthesis report based on the national reports was published in conjunction with the action plan on 6 May 2010. The Commission states (MIGRAPOL EMN Doc 171) that the EMN’s contribution is, in addition to the contribution of the reporting party with primary responsibility for reporting by the Member States, the only source of objective information concerning the commitments it reports on. The aim is to make the EMN’s annual report a permanent tool for use in the annual discussions between the Commission and the European Council. Implementation steps taken in by Finland in 2011 regarding the European Pact on Immigration and Asylum and the Stockholm Programme are included, where relevant, in this study under the heading “Developments from the EU perspective”. The information is based on monitoring data submitted to the European commission by the national EMN contact point.

1.1 Methodology This report was produced by the Finnish contact point of the European Migration Network (EMN) according to the network’s general research guidelines. The sources used in the study include various Internet-based reports by authorities in the field of migration (e.g. SOPEMI), studies, statements and archives of press releases. Pending legislative projects have been monitored by using the Government Project Register and Parliamentary documents. Public dialogue in 2011 was monitored by the EMN contact point by using Meltwater News, a media tracking system subscribed to by the Finnish Immigration Service. During 2010, the contact point also participated in seminars related to various projects in the field of migration to network with various providers of research data in the field of migration and to gather information on current projects. The EMN contact point collected monitoring information on the implementation of the European Pact on Immigration and Asylum and the Stockholm Programme by contacting relevant partners and organising a cooperation meeting where the responsibilities for reporting on the various aspects of the Pact and the Stockholm Programme were delegated among relevant authorities. The EMN contact point was responsible for gathering statistical data and reporting on the Finnish Immigration Service. Collecting monitoring data was relatively successful in 2011. Reports were, for the most part, received in a timely fashion and contained relevant information. Nevertheless, for some reports an additional request for more information was necessary. The national contact point believes this is due to the fact that producing this type of monitoring information is unfamiliar to Finnish authorities.

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The statistics on asylum and residence permit decisions in this report are based on figures provided by the Finnish Immigration Service. Data concerning illegal migration was provided by the National Bureau of Investigation. Information on return journeys taken under the voluntary repatriation programme was provided by the Regional IOM Office in Helsinki. All statistical information for the year 2011 included in this report is preliminary in nature and extends only to November. The reliability of statistical data is partly affected by the Finnish Immigration Service switching to a new electronic case management system (UMA) in November 2011; at present, statistical data is collected from two separate registers, which can cause statistical distortions.

1.2 Terms and Definitions The terminology used for this report is based largely on the glossary of the European Migration Network and the terms used in the European Pact on Immigration and Asylum. Terms which deal with the particular legal situation in Finland are explained in the text or in footnotes. If certain is-sues were already mentioned in earlier Policy Reports, the footnotes will reference the relevant parts of the reports.

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2. General structure of political and legal system in Finland 2.1 General structure of the political system and institutional context The Finnish Government directs immigration policy and its administration following the targets set in the Government Programme and approved Government Resolutions. The Ministry of the Interior, through the Migration Department, is in charge of the migration issues. Its tasks are preparing policy and legislation, supervising the activities of the Finnish Immigration Service and taking part in international, EU and national co-operation in the field of migration and asylum. The Office of the Council of State is in charge of the co-ordination of EU issues in general. In accordance with the Government Programme, the Ministry of the Interior pursues an active, comprehensive and consistent immigration policy that takes full account of labour needs, immigrants’ many different reasons for seeking entry, and Finland’s international responsibilities. The Minister of Migration and European Affairs, Astrid Thors, affirms the main focuses, lines of operation and targeted results of operations as elements in the overall operational and financial plan for the administration of internal affairs. Appropriations for the immigration administration are included in the Ministry of the Interior’s budget proposal. The Finnish Immigration Service (MIGRI) deals with and resolves matters related to the entry of individual foreigners into Finland, residence, deportation, refugee status and citizenship. In practice, the Finnish Immigration Service grants residence permits to foreigners and processes applications for asylum from investigation to decision-making. It grants aliens’ passports and travel documents for refugees and decides on refusals of entry and deportation. MIGRI is also in charge of naturalisation applications, declarations concerning Finnish citizenship, and definition of citizenship status as well as the maintenance of the register of aliens. It provides information services for international needs and domestic decision-makers and authorities and participates in international co-operation in its field of operation. MIGRI established its Advisory Board in 2008. The Ministry of the Interior directs the Finnish Immigration Service and the Employment and Economic Development Centres, which carry regional responsibility for immigration and integration matters. The individual municipalities bear general and coordinative responsibility for the development, planning and monitoring of immigrant integration. They also arrange for measures to promote and support integration and for immigrant services. Within the Ministry of the Interior, apart from the Migration Department, some aspects of immigration matters are also handled by the Border Guard and the Police. In certain special cases, a Border Guard officer may decide whether to grant a visa at the border or to deny entry into Finland. Border Guard officers and the police also establish an asylum seeker’s identity and route to Finland. The local police accept permit applications in immigration matters, and citizen-ship applications and declarations; in certain cases they grant resident permits and returnee visas, extend visas and take decisions on denial of entry. In the case of EU citizens and their family members, they also carry out the registration required under the Aliens Act and issue temporary residence cards.

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The Ministry of Employment and the Economy and the Ministry of the Interior are jointly responsible for monitoring the volume and structure of work-related immigration and for developing monitoring methods. The employment offices work with the Employment and Economic Development Centres to arrange the necessary labour market policy measures and employment services for immigrants. The Ministry for Foreign Affairs is responsible for visa policy. Finnish missions abroad grant visas and accept citizenship declarations and residence permit applications. The Ombudsman for Minorities is an independent authority that supervises compliance with the prohibition of ethnic discrimination under the Non-Discrimination Act. The National Discrimination Tribunal attached to the Ministry of Interior is also an independent body that examines cases of discrimination based on ethnicity. There is also the Advisory Board for Ethnic Relations (ETNO) which is a broad-based expert body set up by the Finnish Government. Its purpose is to promote interaction between Finland’s ethnic minorities and the authorities, NGOs and the political parties in Parliament. The Ministerial Working Group on Migration Policy discusses and decides on important migration policy issues e.g. allocation of the annual refugee quota. Its members are current Minister of Migration and European Affairs, Astrid Thors, Minister of the Interior, Anne Holmlund, Minister of Education, Henna Virkkunen, Minister of Health and Social Affairs, Paula Risikko, Minister of Labour, Anni Sinnemäki, Minister of Economic Affairs, Mauri Pekkarinen, Minister of Public Administration and Local Government, Tapani Tölli and Minister of Foreign Trade and Development, Paavo Väyrynen.

2.2 General structure of the legal system The most relevant laws in the area of the organisation of authorities in migration and asylum issues are the Finnish Constitution, Aliens Act (301/2004), Nationality Act (359/2003), Act on the Integration of Immigrants and Reception of Asylum Seekers (493/1999), Act on the Promotion of Integration (1386/2010). The objective of the new Act on promoting integration is to promote integration especially at the early stages and to give more concrete form to the concept of two-way integration. The reform aims at promoting equality of immigrants with the remainder of the population. Other relevant laws in the area of migration and asylum issues are Non-Discrimination Act (21/2004), Administrative Procedure Act (434/2003) and Administrative Judicial Procedure Act (586/1996). The asylum procedure and the competencies of asylum institutions are governed by the Aliens Act of 2004. The Act provides grounds for granting international protection as well as other, non-protection –related grounds for a residence permit, which must be considered during a single asylum procedure. The 1951 Convention relating to the Status of Refugees and the European Convention on Human Rights (ECHR) have transposed into Finnish law. The government’s asylum policy is committed to the full application of the 1951 Convention. The requirements for granting asylum under the Aliens Act are identical to those in the 1951 Convention. In order to clarify the migration legislation there will be in the future separate laws on the integration of immigrants and the reception of persons seeking international protection. So, simultaneously with the above mentioned reform of the Integration Act a

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Government Bill on the reception of persons seeking international protection is under preparation. The content in the provisions on the reception will mainly be the same as now. The main amendments concern the fact that financial support to persons applying for international protection and to beneficiaries of temporary protection will be separate from the common social support. A reform of the Nationality Act came into force September 1st 2011. The amended Act will promote social cohesion of foreign nationals resident in Finland by providing a more flexible process for the acquisition of citizenship. The required period of residence was shortened and temporary residence in Finland will be partially taken into account.

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3. General developments relevant to asylum and migration According to preliminary data from Statistics Finland, a total of 28,250 persons migrated to Finland in 2011. This represents a increase of 2,610 on the previous year. Emigration from Finland also increased slightly from the previous year, totalling 12,470 persons. Net migration to Finland in 2011 was 15,770, up 2,070 from the previous year.

Migration between Finland and EU Member States 1992–2010

The Governmental Bill introducing biometric features in residence permits (according to the Council Regulation 380/2008) was given to the Parliament in summer 2010. The amendments came into force in May 2011. The Bill concerning amendments to the Aliens Act concerning the return of Ingrian Finns was submitted to the Parliament in fall 2010. The amendments came into force on July 1st 2011. The amendment will close down the specific return migration system of Ingrian Finns after transition period of five years. After that Ingrian Finns could move to Finland through general migration channels. - Re-entry orientation course would no longer be obligatory, but applicants should still show proficiency in Finnish or Swedish. The Ministry of Justice has set up a committee to reform anti-discrimination legislation in Finland. There are plans to extend the scope of application of the Non-Discrimination Act to have the prohibition of discrimination based on ethnic origin also apply in part to relationships between private individuals. Legal proceedings related to private and family life would, however, remain outside the scope of the amended Act. The planned amendment is the result of a statement by the European Commission stating that the Finnish Non-Discrimination Act does not sufficiently correspond with the contents and objectives of the EU Directive against discrimination. The reform is to be completed during spring 2012. The former Parliament discussed the amendments to the Aliens Act considering labour immigration. The two-phased-system was planned to be abolished since the labourneed-assessment would no longer be in use. However, Community preference would be taken into account when making the decision on the residence permit. Residence permit for the purpose of work could also be issued for a longer time, maximum of 5 years. Bill (HE 269/2009) was before the parliament Parliament in 2010 (Administration Committee) (concerning procedures of residence permits for an employed person) but the proposal lapsed.

In 2010, a total of 12,200 people migrated to Finland from other EU Member States, down 450 from the year before. Emigration from Finland to other EU Member States decreased by 500, reaching the lowest level in twelve years. In 2010, Finland’s net migration from EU Member States was 4,350, up slightly from the previous year.

3.1 General political developments The 36th parliamentary elections in Finland’s history were held in 2011. As expected, the main themes of the elections were immigration and the integration of immigrants into Finnish society. The results of the election saw all parliamentary parties lose popularity, with the sole exception of the True Finns party. With 39 seats out of 200, the antiimmigration True Finns were the undeniable success story of the 2011 elections. The popularity of True Finns increased by 15 percentage points to reach a total of 19.1% of the national vote. With an increase of 34 seats, the party grew from the smallest parliamentary party to the third largest in the country. The True Finns won 39 seats and its total tally of 560,075 votes nationally represented an increase of 447,819 votes compared to the 2007 parliamentary election.

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On 22 June 2011, the President of the Republic inaugurated Prime Minister Jyrki Katainen’s cabinet as independent Finland’s 72nd government. The cabinet is a majority government formed by the National Coalition Party, the Social Democratic Party, the Left Alliance, the Swedish People’s Party, the Green League and the Christian Democrats. There are 19 ministers in the cabinet. Unlike its predecessor, the new cabinet does not have a dedicated Immigration Minister. Instead, immigration affairs, with the exception of matters related to the integration of immigrants, were transferred to the portfolio of the Minister of the Interior Päivi Räsänen (Christian Democrats). Matters related to the integration of immigrants were assigned to Minister of Labour Lauri Ihalainen (Social Democratic Party). Prime Minister Jyrki Katainen’s government considers the integration of immigrants and the prevention of discrimination as essential activities during its term of office. The government aims for an immigration policy that supports the building of an unprejudiced, safe and pluralistic Finland, and enhances Finland’s international competitiveness. The new government will update the Future of Immigration 2020 strategy. The government will strive to increase the employment rate of immigrants, although the current system of determining the availability of labour on the domestic labour market will be maintained. The Government Programme also highlights the integration of immigrants, the managed and systematic placement of refugees in municipalities, the acceleration of the processing of asylum applications, the prohibition of the detention of unaccompanied minor asylum seekers, aligning family reunification practices on those of other Nordic countries as well as clarifying statistics and research activities concerning immigration and making them more efficient as focal points of its immigration policy. The government will also evaluate the effectiveness, structure and need for improvements in integration administration during its term of office.

3.2 Main policy and/or legislative debates The media environment in Finland is pluralistic and diverse. Media outlets operate largely on the basis of self-regulation, enjoying a high degree of editorial freedom. The traditional media landscape is dominated by strong regional newspapers and popular public as well as private nationwide TV channels. The vast majority of the population, some 86 per cent, has an Internet connection. The Internet is widely used to access political information with approximately 70 per cent of internet users reading online magazines. While most media focuses on the Finnish-speaking audience, several broadcast and print media outlets offer media products in Swedish. Social media, both global and local, are popular.2

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OSCE election report 21 July 2011 http://www.vaalit.fi/55989.htm

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Nevertheless, the economic slowdown resulted in an increasingly critical public opinion on immigration, with mandatory Swedish language studies in Finnish comprehensive schools and immigration expected to be key themes in the 2012 election year. The critical views on immigration expressed by members of the election-winning True Finns party in blogs and statements to the media received a great deal of attention in 2011. True Finns MP James Hirvisaari was found guilty of inciting hatred against an ethnic group and fined by the Kouvola court of appeals. The court found that Hirvisaari had written disparagingly about Muslims in his blog, labelling people belonging to a certain population group as criminals. Another True Finns MP, Teuvo Hakkarainen, aroused a great deal of online debate with allegedly racist statements that were considered inappropriate for a member of parliament. In spring 2011, Hakkarainen was reprimanded by his parliamentary group and given a stern talking-to by True Finns party chairman Timo Soini. On 1 November 2011, news broke of True Finns vice chairman and MP Juho Eerola’s parliamentary staffer Ulla Pyysalo having applied for membership in the Finnish Resistance Movement a few years earlier. The national socialist Finnish Resistance Movement espouses an anti-immigrant and anti-multiculturalist agenda. The right-wing group has called for Finland to leave the EU and suggested that Finland and the other Nordic countries create a common Nordic state. The Finnish Security Intelligence Service, which monitors extremist groups in Finland, does not consider Finnish right-wing extremist movements to pose a real threat at present, but it has adopted a serious stance towards monitoring their activities. According to a researcher in the Research Unit for Conflicts and Terrorism at the University of Turku, the activities of extremist right-wing groups in Finland have been slowed down by the lack of a critical mass and a clear leader. The avenue for dialogue critical of immigration opened by the True Finns is also considered to help keep extremist movements at bay. 3 On 12 November 2011, Helsingin Sanomat published the results of a Gallup poll indicating that two-thirds of Finns think that there is a large or at least a moderate amount of racism in Finland. Despite this, only two per cent recognise or admit to being very racist, while 12 per cent admit to having a moderate amount of racist sentiment. The findings of the TNS Gallup questionnaire suggest that Somalis and Muslims are the two minorities Finns feel most negatively about. Roma are thought of even more negatively than these groups, with 37% of respondents indicating that they have a fairly negative or very negative attitude toward Roma. In the Gallup poll commissioned by Helsingin Sanomat, a total of 1,001 respondents were asked to state which political party they support and their views regarding minorities and questions of values. Similar questionnaires with the same or similar questions have been conducted in Finland for several years by the Finnish Red Cross and academic researchers, but this survey was the first of its kind conducted in the current climate in which the True Finns are a notable political movement.4

3 Helsingin sanomat 3.11.2011. http://www.hs.fi/kotimaa/Supo+suhtautuu+%C3%A4%C3%A4rioikeistoon+vakavasti+muttei+pid%C3%A4+sit%C3%A4+ uhkana/a1305548596749 4 Helsingin sanomat 12.11.2011. http://www.hs.fi/kotimaa/Timo+Soini+leimaa+HSn+rasismigallupin+tarkoitushakuiseksi/a1305549219906

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Helsinki city officials, with help from police, closed illegal Roma camps within the city limits on June 2011. Roma from Eastern Europe were evicted from four camps along the shore in the Kalasatama district. That followed a decision by the City Council to toughen its handling of Roma beggars. Last summer brought large numbers of people from EU member states such as Bulgaria and Romania to the city. The Free Movement Network publicly criticised the actions of the police and the social welfare authorities and demanded that the City of Helsinki begin planning its policy on Roma immigrants anew. The difficult winter and camp-like conditions led to some Roma children being taken into custody after representatives of the Social Service Board found some of the parents to be unable to provide proper care for their children. The Ombudsman for Minorities also expressed concern over underage Roma beggars and called for them to be provided with basic education during their stay in Finland. On 6 June 2011, the Free Movement Network organised a demonstration at Helsinki’s Senate Square in support of East European Roma. On 13 June 2011, the Finnish branch of Amnesty International, the National Roma Forum of Finland, the Finnish Network of Roma Artists, the Free Mobility Network, the Left Youth of Finland and the Federation of Green Youth and Students published a joint statement expressing their concern over the City of Helsinki’s policy with regard to Eastern European Roma.

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The project will prepare an immigration strategy for government approval. A project group has been appointed for the creation of the strategy for the period 1 December 2011 - 30 November 2012. The preparation of the strategy will be based on existing research and statistical data. The topics covered by the strategy are:

1. The current state of immigration and an assessment of changes in the operating environment between now and 2020. 2. Immigration policy values and vision for 2020. 3. Work-based immigration, immigrant employment and entrepreneurship 4. Students 5. International protection 6. Family members and other relatives 7. Preventing irregular migration and trafficking in human beings 8. Integration

In November-December 2011, there was public discussion on the negative decision given to an Iranian asylum seeker by Helsinki Administrative Court. The Finnish Immigration Service had refused the man’s application for asylum due to a perceived lack of credibility. The applicant subsequently appealed to the Administrative Court. The man based his asylum application on having converted to Christianity outside his home country. Bishop of Helsinki Irja Askola and the Heikki Huttunen, the General Secretary of the Finnish Ecumenical Council, publicly questioned the Administrative Court’s competence to assess religious conviction. Bishop Irja Askola publicly stated that she intended to write a letter in defence of the Iranian man to the Supreme Administrative Court, which will decide on the leave for appeal in the case.

9. Influencing EU policy 10. International influence, co-operation with countries of departure and transit 11. Impacts on the organisation of immigrant administration, financial effects The most common reasons for immigration are family, work and studying. Some are forced to flee their home countries and seek asylum elsewhere. People in general are more mobile today than ever before. More and more people move abroad for a year or two to work or study and subsequently return to their home countries or settle in a third country. The development of a new strategy for the future of immigration must recognise the trend of increasing mobility, which is primarily related to the search for employment, as well as the impacts of such migratory movements on the countries of departure.

3.3 Broader developments in asylum and migration According to the Government Programme of Jyrki Katainen’s cabinet, the government will update the Future of Immigration 2020 strategy. The aim is to develop a comprehensive strategy based on anticipating the volume and quality of immigration to Finland and the impacts of immigration on Finnish society. The strategy must involve a balanced view of all key areas of immigration in Finland, taking EU guidelines and regulations into particular consideration. The Government Programme states that Finland’s immigration policy will support the building of an unprejudiced, safe and pluralistic Finland and enhance Finland’s international competitiveness. The government aims to ensure a managed labour market and equal rights for all employees and strives to increase the employment rate of Finnish citizens with immigrant backgrounds. The government also aims to make integration policy more effective, accelerate the processing of asylum applications and intensify the prevention of discrimination. The overriding themes are good ethnic relations and preventing racism.

3.4 Institutional developments On 1 December 2011, Minister of the Interior Päivi Räsänen set up a project with the aim of adopting a co-operative model between the Finnish Immigration Service, the Police and the Border Guard (FPB) in the administration of immigration affairs. The project is designed to improve the effectiveness of co-operation between the authorities responsible for immigration affairs. The objective is to create a permanent co-operation structure between the authorities concerned. The model will be based on co-operation between the Police, Customs and the Border Guard (PCB), which has been found to be effective over the course of several years. The adoption of the FPB co-operative model is mentioned in the Government Programme. The project runs from 1 January 2012 to 31 May 2013. The operating model is scheduled for implementation in autumn 2013.5

5 Ministry of the Interior press release 1.12.2011: http://www.intermin.fi/intermin/bulletin.nsf/PFBD/45EF3791EE2D570FC2257959004B305B

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In December 2011, the Ministry of the Interior set up a project to improve the effectiveness of the administration of immigration affairs. The project is based on the Government Programme of Prime Minister Jyrki Katainen’s cabinet. The project is set to continue until the end of 2014. Annual interim reports will be prepared for the project. One of the objectives for immigration policy specified in the Government Programme is the acceleration of the processing of asylum applications. The project will determine what factors slow down decision-making and the enforcement of decisions and prepare a plan to eliminate these factors or reduce their impact. The project also aims to have returns on the basis of negative asylum decisions enforced faster than at present. The working group will adopt a comprehensive approach to the asylum application process. There will be particular emphasis on improving the co-operation between the authorities concerned and the organisation of work as well as the steering of reception centres and integrating their operations more closely with those of the Finnish Immigration Service. The project will also seek ways to improve the efficiency of transferring asylum seekers who have been granted a residence permit from reception centres to municipalities. The effort to accelerate the process as a whole will also focus on the appeals process, so that appeals to the Administrative Court regarding negative decisions can be handled faster than at present. Despite the aim of accelerating processing, the quality of decision-making on asylum applications must be maintained at least at the current level. The aim is to improve the efficiency of the operations of immigration authorities to achieve the €20 million in cost savings required by the government’s expenditure framework and an estimated €17 million in further cost savings resulting from a decline in the number of applicants, both by 2015.6 Immigrant integration affairs will be transferred from the Ministry of the Interior to the Ministry of Employment and the Economy at the beginning of 2012. The change is in line with the government’s aim to improve the employment of immigrants on the open labour market. With the transfer, the government wishes to ensure that the employment and economic development administration will, in the future, be better equipped to gear all its services towards the promotion of integration and employment of immigrants. Under the new legislation, integration policy tasks and the staff responsible for them are transferred from the Ministry of the Interior to the Ministry of Employment and the Economy. Those transferring will be placed in the Employment and Entrepreneurship Department of the Ministry of Employment and the Economy. The shift of integration affairs from one administrative sector to another is based on the action points in Prime Minister Jyrki Katainen’s Government Programme related to improving the integration and employment of immigrants. The Ministry of the Interior will continue to be responsible for immigration, international protection and return migration affairs in Finland.

6

Ministry of the Interior press release 5.12.2011 : http://www.intermin.fi/intermin/bulletin.nsf/PFBD/DA92E25BF97ED81CC225795D0028877F

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Electronic services for permits and licences for foreign nationals will be available to customers from 3 January 2011. The pilot stage will cover first-time residence permit applicants. Applicants may log on to the electronic service using weak or strong authentication. Weak authentication is based on a user account and a password. Signing on with an electronic identification card or using Internet banking codes provided by Finnish banks facilitates strong authentication. Applicants using the service can choose the location for making their application depending on whether they are in Finland or abroad at the time of applying. Applicants outside Finland can choose a Finnish diplomatic mission as the location. Applicants who have entered Finland as a tourist and subsequently file an application for a residence permit choose a police department as the location for their application.

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4. Legal immigration and integration In 2010, a total of 25,600 persons migrated to Finland, which is 4% less than in 2009. Out of these immigrants, the share of foreign nationals was 18,200 (2009: 18,100). The net immigration of foreign nationals was 15,100 increasing 7% from the previous year. The main countries of origin were Estonia, Russia, Iraq, Somalia, Sweden, Thailand, China, India and Afghanistan. The number of people emigrating from Finland fell slightly to 11,905 people. Table 2 presents the migration movements in Finland in 2009 and 2010. According to the figures immigration to Finland comes mostly from countries outside of the EU. The total net migration was +13.731, which means it has decreased by 800 people (6%) from 2009. In 2009 the net migration of Finnish citizens was negative -1.358. The net migration of foreign citizens was +15.089.

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A total of 24,547 residence permit applications were submitted in 2010. The number of applications increased by over 17% from 2009. The number of residence permit applications increased for all application types but the most significant change was in the number of applications based on family ties, with an in-crease of 25% from the previous year (2010: 10 611). A record number of applications based on family ties were submitted by Somalis. The number of applications for family reunification submitted by Somalis is directly proportional to the increase in the number of asylum seekers. The number is still expected to in-crease in the future. The processing of residence permit applications for Somalis on the basis of family ties has become congested, leading to longer-thanaverage handling times for this type of application. The reasons for the congestion are the rapid increase in the number of applications and the absence of verifiable documentation from the applicants’ home country. Overseas applicants are interviewed at a Finnish mission, after which a decision on the application is taken by the Finnish Immigration Service. The Finnish Immigration Service is now clearing the backlog of applications. In August 2011 there were approximately 9,300 pending family ties applications of which 6,300 concerned Somalis. The share of applications based on family ties was 43% of all applications. Students composed 24% and labour migrants 18% of all applications. Grounds for the application Employment

Source: Statistics Finland

Immigration to Finland has increased steadily during the last decade but in 2009 the numbers decreased due to the financial crisis. As illustrated in figure 1 the year 2008 was the top year what comes to total migration: nearly 30.000 people moved to Finland. According to the preliminary statistics of Statistics Finland in 2011, a total of 28 250 persons moved to Finland and 12,470 people emigrated from Finland. There were 2,610 more who immigrated and 570 more who emigrated than the year before.

in 2008

in 2009

in 2010

in 2011

6 848

3 953

4 502

6391

Self-employment

67

95

117

103

Finnish origin

486

697

710

106

Studies

4 832

4 653

5 438

5813

Other grounds *)

3 247

2 883

3 169

975

Family ties

7 424

8 509

10 611

10 291

TOTAL

22 904

20 790

24 547

23 679

* Change in 2011 regarding the statistical categorization, previously certain applications which were related to employment were in the category “Other grounds”. Now they are included in the “Employment” category. ** Preliminary figures for 2011 Source: The Finnish Immigration Service7

The top three immigrating nationalities have remained the same during the recent years. Russians, Estonians and Swedes constitute approximately 40% of the yearly foreign inflow to Finland. Over the past fifteen years, the largest immigrating group on a yearly basis has been the Russians. However, since 2006 the Estonians have risen to become the largest group. In 2010, a total of 3,900 Estonians moved to Finland on a permanent basis. As a result of the economic crisis, the number of immigrants from countries from which people have traditionally moved to Finland to work (these include Russia, India, China and the USA, in addition to the EU Member States) has decreased, whereas there has been an increase in the number of immigrants from countries from which refugees, asylum seekers and their family members come to Finland (Somalia, Afghanistan and Iraq). The only typical labour migration country for which immigration figures have increased is Estonia.

7 The figures are based on residence permit applications processed by the Finnish Immigration Service. The Finnish Immigration Service grants residence permits to foreign nationals who are first-time applicants located outside Finland or have entered Finland without a residence permit. The grounds for granting a residence permit are specified in detail in the Aliens Act. The jurisdiction of the police covers granting first-time applicants residence permits where the applicant is a family member of a Finnish citizen and is currently residing in Finland, as well as the minor unmarried children of such applicants. The police also grants fixed-term extensions to residence permits, permanent residence permits and EC residence permits to third country nationals who have resided in Finland for an extended period of time.

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According to preliminary data from the Finnish Immigration Service, there were a total of 23,679 first-time applications for residence permits on various grounds in 2011. The corresponding number in the same period the previous year was 24,547. This represents a decrease of 868 applications, or approximately three and a half per cent, on the previous year.8 Positive residence permit decisions 2006-2011 7000 6000 5000

2011 2010

4000

2009 2008

3000

2007 2006

2000 1000 0 Employed persons

Selfemployed persons

Persons of Finnish origin

Students

Other grounds

Family tie, marriage etc

Family tie, children

Family tie, Family others members to Finnish citizens

Source: Finnish Immigration Service9

4.1. Economic migration 4.1.1 Specific context In 2010 the Finnish economy was slowly recovering from the deep recession into which it was plunged as a result of the global financial market crisis. As expected, the start of recovery was delayed. Finnish exports have traditionally focused on capital goods, demand for which is only just beginning to increase around the world. In many other countries the economy already began to recover towards the end of 2009. There can be no return to the pre-recession growth trajectory without structural measures to boost labour supply and improve productivity. Finland is not alone in this. As a result of the crisis, many other advanced economies are also facing the prospect of a lower growth trajectory than they were used to before the recession. During the recession, employment in Finland has held up better than forecast. Unemployment has certainly increased, and people of working age have left the labour force, but, relative to the con-traction in output, the decline in employment has been rather moderate. On the whole, the labour market situation has remained reasonable. There are a number of factors behind this positive pic-ture. Domestic demand has supported employment, particularly in service sectors. At the same time, the use of layoffs has allowed many exporters to flexibly adapt to the strong fall-off in demand. Another important factor has been the low level of debt and strong profitability of many companies prior to the recession. Although unemployment has recently begun to fall, employment is not returning quickly to the pre-recession level. Looking as far ahead as 2012, the expectation is that there will still be 35,000 less people in work than in 2008. From the perspective of the long-term growth outlook, however, it is positive that young people do not appear to have become displaced from the labour market as much as was feared.

Positive vs. negative decisions 2011 100 % 90 % 80 % 70 % 60 %

Negative 2011

50 %

Positive 2011

40 % 30 % 20 %

In the second half of 2011, the recovery of the Finnish economy slowed down due to factors including weak export markets resulting from the financial crisis in the EU. Estimates suggest that the decrease in unemployment will slow down in 2012 and Finland is expected to sink into a new recession brought about by the Eurozone debt crisis.

10 % 0% Employed SelfPersons of Students persons employed Finnish persons origin

Other grounds

Family tie, Family tie, Family tie, Family marriage children others members etc to Finnish citizens

Source: Finnish Immigration Service10

Finnish Immigration Service Immigration Unit Statistical Report 29 November 2011 Numbers for 2011 are only indicative. 10 Numbers for 2011 are only indicative. 8 9

4.1.2 Developments within the national perspective The rapid global economic crisis resulted in dramatic changes to the situation on the Finnish labour market in late 2008. Economic growth seen in the early part of the year turned into a recession in the autumn, which led to thousands of workers being laid off and terminated, particularly in the industrial sector. Applications for residence permits for workers from third countries decreased in number significantly late in the year. It is also estimated that thousands of workers previously in short-term employment returned to other EU Member States as no more work was available for them, particularly in the construction sector. When poor economic conditions prevail for a longer period of time, they cause sudden and long lasting structural changes in the labour markets and in the economy, which also affects attitudes towards foreigners and foreign workers. It is likely that, in the future, labour market conditions will become increasingly complicated and it will be more and more difficult to balance high unemployment in certain fields and recruitment problems in others.

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According to the Labour Force Survey published by Statistics Finland, unemployment in December 2011 stood at 192,000, down 13,000 from the previous year. The unemployment rate in December was 7.4%, compared to 7.9% the same time last year. The number of the employed was up by 14,000 from last year.

Unemployment rate and trend 1989/01 – 2011/12

Source: Statistics Finland.

The number of unemployed job seekers in October declined compared to the same time last year in the geographical areas of all Centres for Economic Development, Transport and the Environment. The number of unemployed job seekers in Åland increased by 2% from the previous year. The year-on-year decline in unemployment was the largest in the regions of Häme (-11%), Pirkanmaa (-10%), Ostrobothnia (-7%) and Uusimaa (-6%). Unemployment compared to October 2010 decreased in all sectors of employment. The largest decreases in unemployment from the previous year were in the industrial sector (-6,800), the highly educated (-2,000) and administrative and office workers (1,500). Of the total number of unemployed job seekers, 127,600 (56%) were men and 98,700 (44%) women. Compared to September, unemployment among men increased by 2,700 while unemployment among women fell by 300. Compared to October 2010, unemployment among men declined by 10,900 (-8%) and among women by 3,400 (-3%).

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Of the total number of unemployed job seekers, 17,300 were foreign nationals. This represents an increase of 500 compared to October 2010. Of these foreign unemployed job seekers, EU/EEA citizens accounted for 4,000 at the end of October, up 200 from the year before.11 According to the Ministry of Employment and the Economy’s short-term labour market forecast, Finland’s economic prospects have significantly weakened, but due to good economic development during the first half of the year, GDP growth is fairly good in 2011. However, economic growth in 2012 is expected to be weak. Decreasing economic growth is expected to result in very limited growth in the demand for labour (approximately 8,000) in 2012. The demand for labour increased mainly in the service sector in 2011. This is expected to continue, albeit with slower growth, in 2012. The majority of the increase in the demand for labour in 2011 was for part-time employment. According to the Ministry of Employment and the Economy, the labour supply will be strongly affected by the ageing of the labour force and the retirement of the large age groups. However, this will be partly compensated for by the still-increasing age of exiting the labour market. Unemployment decreased in the second half of the 2011, but the Ministry estimates that weaker economic prospects, together with lower consumer confidence, indicate the end of the trend of decreasing unemployment. The unemployment rate is forecasted to be 7.7% in 2011 and to remain at the same level in 2012. Labour availability is anticipated to slightly decrease in Finland, with the most serious problems in labour availability expected to emerge in several social and health care occupations. Labour availability problems are also anticipated in sales work, teaching and in financial administration.12 Interviews with employers conducted by Statistics Finland suggest that some 30% of the organisations that sought labour in 2011 experienced problems in filling vacancies. The proportion of employers that experienced recruitment problems is up slightly from the previous year. The sectors with the most recruitment problems are health care, the social sector, forestry and agriculture and the hospitality industry.

At the end of October, the number of unemployed job seekers under 25 years of age stood at 26,900, down 2,100 from October 2010. Youth unemployment decreased by 200 from September. A total of 6,500 persons under 20 years of age were unemployed. There were 90,400 persons over 50 years of age unemployed, down 1,200 from the previous year. Among those over 55 years of age, there were 64,800 unemployed, which represents an increase of 1,200 on the year before. The number of the long-term unemployed, who had been unemployed without interruption for at least one year at the end of October, stood at 55,900, down 300 from the previous year. Of that number, 24,900 had been unemployed without interruption for more than two years, up 7,100 from the year before.

11 Ministry of Employment and the Economy Employment Bulletin, October 2011. http://www.tem.fi/files/31245/LOKA11.pdf 12 Ministry of Employment and the Economy short-term labour market forecast, autumn 2011. http://www.tem.fi/files/31055/Ennuste_syksy_2011.pdf

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Employment and Economic Development Offices have estimated that the following professions involve the most frequent problems of employee shortages and surpluses in Finland. The estimate was made in autumn 2011. Most common shortages

Most common oversupply

Nurses

Office workers Communications and electronics fitters

Doctors Sales representatives and telephone sales representatives Social workers Kindergarten teachers Dentists Specialized teachers Laboratory nurses, radiology nurses General nurses Psychologists

Graphic designers/artists Tailors, domestic seamstresses Print surface preparators Furniture carpenters Seamstresses

Major shortage of appl. Shortage of applicants

Printers

Parity

Travel agency employees Construction workers(without special qualifications)

Oversupply applicants Major oversupply of applicants

Permit fees collected by the police and the Finnish Immigration Service to increase on 1 December 2012 Finland will introduce biometric residence permit cards at the beginning of 2012 to replace residence permit stickers for travel documents. The change will result in increased costs. The adoption of biometric residence permit cards is based on EU regulations. The processing fee for first residence permit applications charged by the Finnish Immigration Service will increase from €350 to €385 in the beginning of the year. At the same time, the processing fee for an employee’s first residence permit will increase from €400 to €440. The processing fees for a student’s first residence permit and a minor applicant’s first residence permit will remain unchanged, at €250 and €180 respectively. Fees related to applying for and being granted Finnish citizenship will also remain unchanged. The cost of an extension to a residence permit granted by the police will increase from €120 to €145. The cost of residence permit extensions for minors and students will increase from €80 to €108.13

Significant published studies On 15 December 2011, the Lappea Institute at the University of Lapland published a report14 on the conditions of Thai berry pickers in Finland. On 9 December 2009, the Finnish Ombudsman for Minorities, Johanna Suurpää, recommended that comprehensive monitoring of the conditions of forest berry pickers should be carried out in 2010. Her statement expressed particular concern for the position of Thai berry pickers, as the Office of the Ombudsman for Minorities had been contacted numerous times regarding problems related to that group. The problems reported to the Ombudsman were related to the recruitment, work, accommodation and return of Thai berry pickers. The research project was funded by the Ministry for Foreign Affairs, the Ministry of the Interior and the Ministry of Employment and the Economy according to the recommendations of the Ombudsman for Minorities. Puurtajasta uranuurtajaksi : uusia väyliä maahanmuuttajien ammattikorkeakouluopintoihin ja urakehitykseen / Milla Laasonen ; Päivi Keränen (toim.) Helsinki : Metropolia Ammattikorkeakoulu, Kulttuuri ja luova ala, 2011. - 95 s. ISBN 978-952-5797-30-5 Internet: http://voimaa.metropolia.fi/met_puurtajasta_uranuurtajaksi.pdf Suomen afganistanilaiset = Afghans in Finland : IOM:n kohderyhmäkartoitus = IOM mapping exercise / Vapaaehtoinen paluu = Assisted voluntary return Helsinki : IOM, 2011. - 48 s. Internet: www.vapaaehtoinenpaluu.fi/sites/vapaaehtoinenpaluu.fi/files/pdf/IOM_ Mapping_Exercise_Afghanistan_download.pdf Suomen irakilaiset = Iraqi nationals in Finland : IOM:n kohderyhmäkartoitus = IOM mapping exercise / Vapaaehtoinen paluu = Assisted voluntary return Helsinki : IOM, 2011. - 48 s. Internet: www.vapaaehtoinenpaluu.fi/sites/vapaaehtoinenpaluu.fi/files/pdf/IOM_ Mapping_Exercise_Iraq_download.pdf Suomen somalialaiset = Somali nationals in Finland : IOM:n kohderyhmäkartoitus = IOM mapping exercise / Vapaaehtoinen paluu = Assisted voluntary return Helsinki : IOM, 2011. - 44 s. Internet: www.vapaaehtoinenpaluu.fi/sites/vapaaehtoinenpaluu.fi/files/pdf/IOM_ Mapping_Exercise_Somalia_download.pdf Dhalmann, Hanna Yhden uhka, toisen toive? : Somalien ja venäläisten asumistoiveet etnisen segregaatiokehityksen valossa Helsinki : Helsingin yliopisto, Geotieteiden ja maantieteen laitos, 2011. - 135 s. ISBN 978-952-10-6905-5 (Department of Geosciences and Geography A ; 10) Diss. Kaupunkimaantieteen väitöskirja Internet: http://ec.europa.eu/ewsi/UDRW/images/items/docl_20351_777036492.pdf

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The fees charged for the permits are based on the Act on Criteria for Charges Payable to the State. Pursuant to the Act, the size of the charge made by the State for a performance under public law must correspond to the total costs incurred by the State from producing the performance. This requirement has been taken into consideration in the preparation of the decree on the charges payable for the services performed.

14

Pekka Rantanen and Jarno Valkonen: Foreign forest berry pickers in Finland. http://formin.finland.fi/public/download.aspx?ID=88464&GUID={33EAB400-3CF7-4B9D-9AB3-84C5EE8FE8D8}

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Egharevba, Stephen Understanding the racial nature of police and immigrant relations in Finland : The case of Africans in Turku Turku : University of Turku, 2011. - 256 pp. ISBN 978-951-29-4584-9 (Turun yliopiston julkaisuja = Annales universitatis Turkuensis. Sarja B. Humaniora, ISSN 0082-6987 ; 331) Dissertation Honkasalo Veronika Tyttöjen kesken : Monikulttuurisuus ja sukupuolten tasa-arvo nuorisotyössä Helsinki : Nuorisotutkimusverkosto/Nuorisotutkimusseura, 2011. - 265 s. ISBN 978-952-5464-82-5 (Nuorisotutkimusverkosto/Nuorisotutkimusseura, julkaisuja ; 109) Dissertation Häkkinen, Anne Etelä-Pohjanmaan maahanmuuttajat / Anne Häkkinen, Markku Mattila Seinäjoki : Siirtolaisuusinstituutti, Pohjanmaan aluekeskus, 2011. - 208 s. ISBN 978-952-5889-11-6 (Siirtolaisuusinstituutin Pohjanmaan aluekeskuksen tutkimuksia, ISSN 1455-5042 ; 4) Kilpinen, Jaana Maahanmuuttajien ammatillisen peruskoulutuksen tila lukuvuonna 2009-2010 / Jaana Kilpinen, Mika Salonen Helsinki : Opetushallitus, 2011. - 119 s. ISBN 978-952-13-4654-5 (Koulutuksen seurantaraportit, ISSN 1798-8934 ; 2011:3) Sammanfattning av de svenskspråkiga resultaten: Sammanfattning av resultaten beträffande undervisningsarrangemangen för studerande med invandrarbakgrund inom den svenskspråkiga grundläggande yrkesutbildningen läsåret 2009-2010 ss. 81-91 Puuronen, Vesa Rasistinen Suomi Helsinki : Gaudeamus, 2011. - 286 s. ISBN 978-952-495-196-8 Souto, Anne-Mari Arkipäivän rasismi koulussa Helsinki : Nuorisotutkimusverkosto/Nuorisotutkimusseura, 2011. - 224 s. ISBN 978-952-5464-84-9 (Nuorisotutkimusverkosto/Nuorisotutkimusseura, julkaisuja ; 110) Dissertation Vilkama, Katja Yhteinen kaupunki, eriytyvät kaupunginosat : Kantaväestön ja maahanmuuttajataustaisten asukkaiden alueellinen eriytyminen ja muuttoliike pääkaupunkiseudulla Helsinki : Helsingin kaupungin tietokeskus, 2011. - 282 s.

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ISBN 978-952-272-095-5 (Tutkimuksia, ISSN 1455-724X ; 2/2011) Dissertation Weckström, Lotta Suomalaisuus on kuin vahakangas : Ruotsinsuomalaiset nuoret kertovat suomalaisuudestaan Turku : Siirtolaisuusinstituutti, 2011. - 157 s. ISBN 978-952-5889-09-3 (Siirtolaisuustutkimuksia, ISSN 0356-9659 ; A 36)

4.1.3 Developments from the EU perspective The legislative proposal concerning the implementation of the Blue Card Directive was submitted to the parliament on 30 September 2011. The statements made in response to the proposal were primarily positive. The majority of the parties who commented on the government proposal were in favour of maintaining the current system of immigration for applicants with special skills in parallel with the EU Blue Card system. The statements also expressed concern over the residence permit system being unclear and difficult to understand. Several statements emphasised that the current system works well and expressed a hope that the implementation of the directive would have minimal impact on it. The Blue Card will be implemented in Finland on 1 January 2012. The introduction of the Blue Card satisfies the requirements of the EU Blue Card Directive. The Blue Card is intended for third-country nationals applying for a residence permit for the purpose of highly-qualified employment. The aim of the Blue Card is to improve the EU’s competitiveness in attracting educated workers. Granting the Blue Card is contingent on the following criteria: l The work requires special qualifications or skills. l The applicant holds higher education qualifications and presents a valid work

contract for highly-qualified employment of at least one year. l The applicant’s monthly salary is at least €4,832. This is the salary threshold applied in Finland in 2012. The threshold is subject to annual adjustment. l The terms of employment satisfy the requirements of existing national regulations and collective labour agreements. l The applicant meets the general criteria for granting a residence permit as laid out in the Aliens Act. For example, the applicant must hold a valid travel document (e.g. passport) and he or she must not be under persona non grata status in Finland. The EU Blue Card must be applied for prior to arrival in Finland at a Finnish diplomatic mission, except for persons who have been granted a Blue Card by another EU Member State and have held the card for at least 18 months, who may apply for the card in Finland. Applications are processed by the Finnish Immigration Service. Decisions on Blue Card applications are made within 90 days of receiving the application, provided that the application is completed correctly and the necessary appendices are enclosed. Blue Cards are granted for a maximum of two years at a time. Applicants who are granted a Blue Card are also allowed to bring their family into the

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country. The holder of the Blue Card and his or her family are entitled to the same social support and health care as EU citizens. The Blue Card is used in parallel to the existing system of residence permits granted to specialists. Prior to the introduction of the Blue Card, specialists have been allowed to apply for a residence permit in an accelerated process. The existing system will remain in use in parallel to the Blue Card. Based on the data provided by previous applicants for a specialist residence permit, the majority of the holders of a residence permit granted to a specialist do not satisfy the Blue Card criteria and will therefore continue to apply for residence permits under the existing system. It is expected that a few hundred Blue Cards will be granted per year.15

4.2 Family Reunification 4.2.1 Specific context The limited scope of the Finnish family reunification model was discussed extensively in 2010, eventually resulting in a legislative project led by Minister of Immigration Astrid Thors to amend the Aliens Act provisions concerning residence permits for members of the extended family. How-ever, the ministerial group on immigration policy decided on 27 October 2010 that the Aliens Act provisions concerning residence permits for members of the extended family would not be amended. The topic of residence permits for members of the extended family was prominent in 2010 with considerable public criticism of the Finnish Immigration Service’s decisions to reject the residence permit applications of two mothers of third country nationals residing in Finland. The Supreme Administrative Court upheld the decisions.

4.2.2 Developments within the national perspective Amendments to the Aliens Act concerning e.g. age determination and family reunification came into force on 1 August 2010. Provisions were added to the Aliens Act regarding a medical age assessment of minors. An examination will be conducted if there are apparent grounds to suspect the credibility of the information provided by the alien concerning his or her age. Participation is voluntary, but refusal to participate in the test without acceptable cause will result in treating the person concerned as an adult. Family reunification provisions were amended. A residence permit can be refused, if there is reasonable cause to suspect that the sponsor’s own residence permit is based on false information given by the sponsor concerning his or her identity or family relations. The requirements for granting a residence permit to a minor on the basis of family ties were amended, so that the permit may be granted to a minor only if the child is a minor on the day that a decision is made on the permit application. However, the permit may not be refused if the processing of the application has been delayed considerably for reasons beyond the applicant’s con-trol. The Aliens Act was also amended so that a sponsor, who has received international protection, is re-quired to have secure income to be able to be reunited with his/her family if the family has been formed after arriving in Finland. Finally, restrictions were made to the asylum seeker’s right to work. In the future, only asylum seekers with valid travel documents will have the right to work after a three months waiting period. Without a valid travel document, the waiting period is six months. 15

Finnish Immigration Service press release 20.12.2011.

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According to the Government Programme of Prime Minister Jyrki Katainen’s cabinet, the family reunification practices applied by Finland should be in line with those applied by other Nordic countries. On 21 September 2011, the Ministry of the Interior set up a project to examine the family reunification provisions in the Aliens Act, their practical application and the corresponding provisions in force in other Nordic countries. The survey will cover the current practices in other Nordic countries and the provisions contained in the EU Family Reunification Directive. The application of the requirements for securing a home and livelihood will be examined, particularly in the context of persons granted a residence permit on the basis of needing international protection. The report is scheduled for completion on 29 February 2012. A number of NGOs have been vocal in criticising the Minister of the Interior Päivi Räsänen’s (Christian Democrats) proposal to apply stricter criteria in family reunification cases. Refugee and child protection organisations, the Family Federation and the Finnish Red Cross have responded by suggesting that the currently applied rules are already strict. The Refugee Advice Centre and the Finnish Refugee Council have also expressed concern about the xenophobic atmosphere prevailing in Finland, fed by false impressions and incorrect information regarding family reunification. By incorrect information, the organisations refer to e.g. statistics on family reunification applications published by the Finnish Immigration Service, which involve figures that do not correspond with the number of positive decisions on family reunification applications. The organisations suggest that publishing statistics on the number of applications serves to create a false impression of the actual number of immigrants, which in turn contributes to an antiimmigrant atmosphere. The NGOs emphasise that persons who reside in Finland on the basis of needing international protection have the legal right for their family members to join them in Finland. Finland is also bound by the EU Directive on the right to family reunification. Integration into a new society happens faster and is more effective with the support of one’s own family.16 A total of 10,291 residence permit applications on the basis of family ties were filed in 2011. The corresponding figure in 2010 was 10,611. The number of applications is expected to remain high as the number of people with immigrant backgrounds in Finland increases. According to the Finnish Immigration Service, one of the most significant changes in the patterns of residence permit applications in 2010 was a notable increase in applications filed by Somalis, with a total of 3,986 applications. In 2011, Somalis filed a total of 1,601 residence permit applications, the majority of which were made on the basis of family reunification. On 11 May 2011, the Supreme Administrative Court issued a yearbook decision in case 1900/1/10. The case concerned the question of whether an applicant’s means of support were secured on the basis of a written undertaking signed by the applicant’s two brothers residing in Finland. The Finnish Immigration Service had refused the residence permit application filed on the grounds of family ties with a sponsor residing in Finland, namely the applicant’s spouse. The application was refused on the grounds that the applicant’s means of support in Finland were not considered secure due to the sponsor’s means of support in Finland being based on labour market support.

16

Refugee Advice Centre press release 13.4.2011 http://www.pakolaisneuvonta.fi/index_html?cid=359&lang=suo

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The applicant appealed the decision to the Helsinki Administrative Court, which subsequently upheld the decision. The applicant then petitioned the Supreme Administrative Court for leave to appeal. The Court granted the leave to appeal and accepted the case. The Supreme Administrative Court found in favour of the applicant, stating that the preamble to the Aliens Act suggests that parties other than the person legally liable to provide maintenance can also secure a foreign national’s means of support in Finland. In its decision, the Supreme Administrative Court also noted that in the applicant’s home country of Afghanistan, the concept of family is broader than in Finland. Based on the evidence provided, the Supreme Administrative Court found that the written commitment by the sponsor’s brothers was reliable and realistic and, as such, should be taken into consideration in assessing whether the requirement for secure means of support is met. The Supreme Administrative Court overruled the decisions of the Administrative Court and the Finnish Immigration Service and returned the case to the Finnish Immigration Service for reprocessing. The Supreme Administrative Court issued a temporary decision in case 1697/1/09 to petition the Court of Justice of the European Union for a precedent in the case concerning the right of a third-country national to reside in Finland without means of support where the person in question was the guardian of a child with Finnish citizenship. In light of EU case law (C-34/09, Ruiz Zambrano, judgment published on 8 March 2011), it was unclear in the matter whether, under TFEU Article 20, the applicant had the right to reside in Finland despite not having means of support, in spite of the fact that the child with Finnish citizenship was not the applicant’s biological child but rather the sponsor’s child, and the child had never been in the applicant’s care and the applicant had not lived with the child as a family after 2006. The Supreme Administrative Court postponed the case and requested a precedent on the interpretation of TFEU Article 20 pursuant to TFEU Article 267. The matter remains pending at the time of writing this report.

4.2.3 Developments from the EU perspective No particular measures to be reported.

4.3 Other legal migration 4.3.1 Specific context -

4.3.2 Developments within the national perspective The Governmental Bill introducing biometric features in residence permits (according to the Council Regulation 380/2008) was accepted in the Parliament in March 2011. The legislative amendments will enter into force on 1 January 2012. In the future only the applicant himself can personally apply for the residence permit. The fingerprints taken for residence permit cards will be stored in a national database. The residence card will contain a chip in which a facial image and two fingerprints of the cardholder will be stored. The purpose of using the fingerprints are well defined in the Aliens Act and especially in the Aliens’ Registration Act. The purpose for the issuing of the biometric residence cards is to prevent and combat illegal immigration and illegal residence by creating a reliable link between the residence permit and its holders.

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Amendments to the Aliens Act concerning the return of Ingrian Finns came into force on 1 July 2011. The specific return migration system of Ingrian Finns will be closed down after transition period of five years. After that Ingrian Finns can move to Finland through general migration channels. The University Act, which came into force at the beginning of 2010, has made it possible to collect fees in individual programmes from students coming from outside the European Union and the European Economic Area. The aim of this experiment is to encourage globalisation of higher education institutions. Only specific Master’s programmes are to be subject to tuition fees. The provisions on training programmes liable to charge are laid down by a decree of the Ministry of Education and Culture. On 24 January 2011, the Supreme Administrative Court issued a decision on case 1752/1/09 (yearbook decision). In this case, the Finnish Immigration Service cancelled the residence permits and alien’s passports of a national of Congo and his family members, pursuant to Section 58 of the Aliens Act, after the family moved to France. The persons concerned appealed the decision in Helsinki Administrative Court, which subsequently overturned the Finnish Immigration Service decisions and returned the case for reprocessing. The Finnish Immigration Service petitioned the Supreme Administrative Court for leave to appeal. Leave was granted; the Supreme Administrative Court investigated the matter and decided that the decision of Helsinki Administrative Court would not be overruled. In its explanation of the decision, the Supreme Administrative Court stated that prior to cancelling the residence permits and alien’s passports, the Finnish Immigration Service should have determined whether there were grounds for withdrawing subsidiary protection status pursuant to Section 107, Paragraph 2 of the Aliens Act (301/2004). A had entered Finland in 1991 as an asylum seeker and he had been granted a residence permit on the basis of requiring international protection in 1995. On 25 March 2011, the Supreme Administrative Court issued a yearbook decision in case 3763/1/09. A, a Turkish national born in 1968, entered Finland aged slightly over 20 and has resided in Finland for approximately 20 years. His family includes a Finnish spouse and children who are minors. A was granted a Turkish passport in 1991 and the passport was subsequently extended several times. After 2008 the passport was no longer extended, as A had not performed military service in Turkey. On 3 March 2009, the Finnish Immigration Service rejected A’s application for an alien’s passport. A appealed the decision in Helsinki Administrative Court, which subsequently determined that the case involves special grounds for granting an alien’s passport and overturned the Finnish Immigration Service decision. The Finnish Immigration Service petitioned the Supreme Administrative Court for leave to appeal. Leave was granted and the Supreme Administrative Court investigated the matter. In its judgment, the Supreme Administrative Court stated that A, who had applied for an alien’s passport in Finland, had extended his Turkish passport several times and was aware of his liability to perform military service in Turkey and also aware that extending the passport before reaching the age of conscription would require him to settle the issue of military service with the Turkish authorities at some point in time. Performing military service would have understandably been difficult in the circumstances A was in, considering his family, age and duration of residence in Finland. However, based on information received regarding compulsory military service in Turkey, these difficulties were not deemed to be severe enough to render the refusal of the alien’s passport unreasonable. As a result, the court found that there was no special reason for granting the alien’s passport as required by law.

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The court also took into consideration the fact that A had not, at any stage, applied for exemption from military service from the Turkish authorities or otherwise been in contact with the Turkish authorities concerned. As such, A had not exercised his national legal remedies in Turkey, a member of the Council of Europe. The Finnish Immigration Service was found to have legal grounds for rejecting A’s application.

4.3.3 Developments from the EU perspective In 2002, the EU Council adopted Regulation EC No 1030/2002 laying down a uniform format for residence permits. This resulted in Member States adopting a harmonised model for residence permits, either in sticker or card format. On 18 April 2008 the EU Council adopted Regulation EC No 380/2008 amending the aforementioned Regulation. Under the new Regulation, all Member States will adopt a residence permit card with a microchip containing biometric identification data (facial photograph and two fingerprints). On 9 June 2011, the Finnish government proposed amendments to the Aliens Act and related legislation to facilitate the introduction of biometric residence permit cards at the beginning of 2012. The President was due to sign the amendments the following day. The introduction of biometric residence permit cards is based on an EU Regulation requiring biometric identifiers for residence permits. Biometric residence permit cards will be introduced in Finland on 1 January 2012. The microchip on the residence permit card will store a facial photograph and two fingerprint images as biometric identifiers. Fingerprints will be taken from all future residence permit applicants to be recorded in the Aliens Register. The change means that all future residence permit applications must be made in person by the applicant. The introduction of biometric residence permit cards aims to prevent abuse of the residence permit system through the adoption of a more reliable connection between the residence permit and its holder. Finland has recorded fingerprint data for passport, alien’s passport and refugee travel document applicants since June 2009. The solutions used for the biometric identifiers for residence permits will, for the most part, be the same as those used for passports. In order to improve information on the possibilities and conditions of legal migration there is an online communications development plan for the administrative sector of the Ministry of the Interior for 2007–2011, based on the sector’s IT management strategy for the same period. The plan has been further specified in a preliminary report whose findings demonstrate that obtaining a shared publishing system for the entire administrative sector is more affordable than having separate systems in each agency. The entire administrative sector will be introducing a shared publishing system for creating their Internet, Intranet and Extranet sites. The JUPO project, as it is known, will include developing the migri.fi website of the Finnish Immigration Service so that it will better cater to the needs of immigrants. This development work will be pursued together with the Info Bank online services aimed at immigrants. In order to serve various immigrant groups more effectively, the Info Bank online service is being revised in terms of content, structure and technology between 2009 and 2011. This reform will allow the service to distinguish better between groups of immigrants according to their reasons for immigration, e.g. employment-based immigrants, students and refugees, and their differing needs for information. A user panel of 15 immigrants was set up to help with the reform.

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Finland’s National Contact Point of the European Migration Network is contributing content to the immigration portal. The purpose of the portal is to offer citizens of third countries information on immigration legislation and permit processes in various EU Member States.

4.4 Integration 4.4.1 Specific context In 2009–2010, the Migration Department of the Ministry of the Interior carried out two projects to develop a monitoring system for integration and ethnic relations. The monitoring system consists of: 1. 29 indicators that produce information on the living conditions of immigrants in

different areas of integration

2. surveys on service provision targeted at municipalities and Employment and

Economic Development Offices to analyse integration at the local level

3. a barometer to analyse the views and experiences of immigrants regarding

integration and related services

4. a separate study 5. a comprehensive review of the status of immigrant integration based on analysing

the results of the monitoring instruments and other research.

Information pertaining to integration and ethnic relations had previously been fragmented across a variety of sources, with insufficient and unsystematic monitoring. There was a lack of consistent and comparable monitoring data on the integration of immigrants by municipalities. The inclusion of the immigrant perspective in data collection depended on individual studies. The monitoring system produces information on integration to support decision making. Compiling and systematically collecting data facilitates the regular assessment of the status and quality of integration. In the monitoring system for 2011–2015 developed by the Migration Department of the Ministry of the Interior, the monitoring of integration is based on indicators linked to existing information sources or their further development. One particular area of development is the monitoring of attitudes towards immigrants among the original population, for which there are no indicators due to a lack of relevant information sources. According to the document describing the monitoring system, integration monitoring will be further developed with regard to the living conditions of immigrants. Monitoring the living conditions of immigrants and the geographical concentration of low-income households, as well as homelessness among immigrants, were highlighted as areas for which regular monitoring systems must be further developed. Development needs have also been identified in the context of collecting statistical data, including the need to collect information on second and third generation immigrants and to resolve the problem of statistical delays.

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With the comprehensive reform of the Act on the Integration of Immigrants, support structure projects funded by the European Social Fund and led by the Immigration Department of the Ministry of the Interior, i.e. ALPO and MATTO, designed to improve services in the initial phases of integration and the resources focused on the immigration of workers, were worth noting in 2010.17 In 2011, a report titled “Obstacles to immigrant employment - towards proactive and effective networking” was published on the basis of on the activities and results of ALPO projects, municipality-specific case descriptions, descriptions of an effective network of actors to promote employment and previously published reports and summaries.18

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4.4.2 Developments within the national perspective This is an overview of all relevant developments in your (Member) State. New Act on the Promotion of Integration came into force on 1 September 2011. The objective of the Act is to promote integration especially at the early stages and to give more concrete form to the concept of two-way integration. The reform aims at promoting equality of immigrants with the remainder of the population. l The scope of application of the Act was expanded to include all immigrants living

The report emphasises the individualised service provision for immigrants. As regards language training, the principal aim is to integrate the development of vocational training more closely with the development of language skills. Employers recruiting employees do not aim to hire “a representative of the majority population” or “an immigrant” - the employers’ goal is to hire the best-qualified candidate or a person who, by developing their capabilities, will get the job done. The important thing for the Employment and Economic Development Offices is for training organisations and employers to identify, bring out and market the competences. As immigrants are still a rather marginal group, legislation and service systems are not generally geared to this group. Against that background, immigrant customers and even authorities regard a number of service processes as complicated. The extent of what authorities and customers have to do during the initial stages of immigration should be re-examined in order to simplify the processes. The ALPO support structure project also produced the report “Increased visibility for the professional qualifications of immigrants - ideas for surveying professional qualifications as part of the integration programme” in 2011. The report describes models for determining professional qualifications to produce clearer education and employment plans for persons receiving integration counselling.19 The development areas highlighted in the report include defining the core competences of various professions and improving familiarity with the education systems in different countries to facilitate more effective recruitment.

l

l

l

l

in Finland. The scope of persons to be covered by individual measures promoting integration will be established for each measure separately. Provisions will be laid down on measures promoting the integration of immigrants so that they will form a consistent entity. Provisions on initial integration services are included in the Act to speed up integration and employment. The overall objectives of promoting integration at the local level is defined in the Act, and it includes provisions on the national integration programme. The division of duties between authorities is regulated more clearly and in more detail than previously. The Act lays down provisions on assigning beneficiaries of international protection and certain other persons to municipalities, and on compensations to be paid to municipalities from State funds. The new Act includes provisions on a fixed-term experiment on the integration training of immigrants and on testing new models for teaching immigrant children and young people. The provisions on the experiment included in the Act came into force already on 1 January 2011 and will be effective until the end of 2013.

Persons immigrating to Finland are provided with a detailed information package on Finnish society. The brochure, which has been translated into ten languages, includes advice on arranging housing, opening a bank account and finding a job. The new Integration Act requires the authorities to provide immigrants with a basic information package. In addition to the basic information, immigrants have the right to ask their municipality of Employment and Economic Development Office for an initial survey of their education needs, if any, and what services they require. The new Act aims to speed up employment in Finland by improving the guidance provided to immigrants in the early stages. In 2010, efforts began to start a multicultural discussion forum called the Immigrant Parliament of Finland.20 However, as of 2011, the Immigrant Parliament has yet to become fully established. The aim of the Immigrant Parliament of Finland is to give immigrants residing in Finland a unified voice in matters concerning them, thereby also facilitating their integration into Finnish society. The project is led by Alexis Kouros, the editor of the Helsinki Times and SixDegrees publications. The Immigrant Parliament of Finland has met with resistance from people with immigrant backgrounds as well as members of the True Finns party and members of the Change 2011 movement. The opponents prepared a petition against the Immigrant Parliament with some 700 signatures.

17 The ALPO and MATTO projects are part of the action plan for continental Finland funded by the European Social Fund, with funding granted for the 2007–2013 period. 18 Ministry of the Interior publications 13/2011 http://www.intermin.fi/intermin/biblio.nsf/726D02F144273F98C22578B200246760/$file/132011.pdf 19 Ministry of the Interior publications 6/2011 http://www.intermin.fi/intermin/biblio.nsf/C01217D5C24B6922C22578C50027BA51/$file/062011.pdf

20

Immigrant Parliament of Finland http://www.ipf.fi/ipf/

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The Advisory Board for Ethnic Relations (ETNO) promotes good ethnic relations and ethnic equality, which play an important part in the integration of immigrants into Finnish society. ETNO is a broad-based expert body set up by the Finnish government. The aims of ETNO include promoting interaction between Finland’s immigrants and ethnic minorities and the authorities, labour market and civic organisations and political parties. ETNO also assists government ministries in developing an ethnically equal and pluralistic society. ETNO launched a new ”Together We Can” campaign on 25 February 2011. The aim of the campaign is to bring together immigrants and members of the original population by encouraging people to create events and challenge others to participate in them, so that people can think about ways to promote interaction and dialogue between ethnic groups in everyday life. The period for presenting challenges under the campaign was from 25 February to 17 April 2011, with challenge events organised between 25 February and 31 December 2011. The campaign was launched by inviting 300 people representing different backgrounds for an evening at the Finnish National Opera. A number of different types of challenge events were organised under the campaign, ranging from various kinds of collaborations to friendly football matches.21 The Ministry of the Interior started the AFRO project in 2010, with the first phase of the project focused on employing non-European immigrants with higher education qualifications in public administration. The first phase of the project was followed by AFRO 2, which focuses on improving the opportunities of immigrants to find employment in the fields of rescue services and law enforcement.22 The key focal points of the AFRO 2 project are: l administrative training for immigrants l training to prepare immigrants for entrance exams in the fields of law enforcement,

rescue services and security services

l to prepare a report on discrimination against minorities and experiences of

discrimination l to develop a guide for the public administration concerning the rules governing recruitment, and l arranging training to improve the communication and negotiation skills of representatives of immigrant organisations In addition, the project will work with young people with the aim of influencing prevailing attitudes and arrange discussions with various Ministries, businesses, labour market organisations and other actors. 4.4.3 Developments from the EU perspective Consultations on immigration and integration policies with various immigrant groups are to continue through the improved Advisory Board for Ethnic Relations (ETNO). The number of regional Advisory Board’s has been increased from four to seven in order to strengthen local level collaboration between the authorities, immigrant and religious groups’ representatives. The Advisory Board’s mandate period has been extended from three to four years in order to allow better the materialisation of long-term strategic goals. Also the cross-sectoral cooperation on integration issues will be enhanced. An interministerial coordinating body has been established for this purpose. 21

Together We Can campaign website http://www.meistaonmoneksi.fi/etusivu A total of 59 persons applied for the education programme designed to prepare students for careers in the police force and other security services, with 18 selected for classroom training. The training programme took place on 19 September - 12 December 2011. A total of 96 persons applied for the education programme designed to prepare students for careers in public administration, with 20 selected for classroom training. The training programme was concluded on 15 September 2011. A weekend training seminar on negotiation and communication skills was arranged on 9-10 April 2011, with 16 representatives of immigrant organisations participating. 22

4.5 Citizenship and Naturalisation 4.5.1 Specific context In 2011, the number of applications for Finnish citizenship increased by over 17% compared to 2010. In 2011 the number of applicants was 5,632 compared to 4,812 in 2010. The increase is mainly explained by the amended Nationality Act that entered into force on the 1st of September 2011. In 2011, 706 nationality declarations were registered compared to 573 in 2010. Regarding decisions on nationality, 4,525 applications and 686 declarations were given a decision in 2011. In 2010 the number were 4,472 applications and 2189 declarations. In 2011, 91.6% of the decisions were positive and 5.1% were negative. Table: Applications for nationality TOP 10 – citizenships

Nationality Russian Federation Estonia Somalia Afghanistan Iraq Turkey Iran China Sudan India Other Total

2011 1 790 359 339 300 265 180 177 114 114 101 1893  5632 

Source: Finnish Immigration Service

2010 1 385 221 349 263 274 151 283 71 158 55 1 602  4 812 

Change % 29 62 -3 14 -3 19 -37 60 -27 83 18  17

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Table: Positive decisions on applications for nationality in 2011 according to nationality of the applicant: Russian Federation Estonia Turkey Iran Iraq Afghanistan Somalia The Ukraine China Vietnam Other Top 10 total Total

1 609 271 159 136 96 95 80 91 83 78 1 447 2 698 4 145

Source: Finnish Immigration Service

4.5.2 Developments within the national perspective A reform of the Nationality Act entered into force on 1 September 2011. The amended Act promotes social cohesion of foreign nationals resident in Finland by providing a more flexible process for the acquisition of citizenship. The required period of residence was shortened from six to five years and temporary residence in Finland will be partially taken into account. The Supreme Administrative Court handed down four yearbook decisions pertaining to citizenship cases in 2011. In decision 1363/2/09 published on 16 September 2011, the Supreme Administrative Court assessed the legal nature and permanence of a decision on determining citizenship under Section 36 of the Nationality Act in circumstances in which the Finnish Immigration Service had issued a new decision stating that a child who had previously been determined to be a Finnish citizen was now considered stateless. In its decision, the Supreme Administrative Court stated that the Finnish Immigration Service did not have the right, pursuant to the Nationality Act, to make a new decision on a citizenship matter where the person concerned had not reapplied for the determination of citizenship. The Supreme Administrative Court based its decision on the Constitution of Finland, specifically Section 21 on protection under the law, Section 22 on the protection of basic rights and liberties and Section 80, Paragraph 1 on the issuance of decrees and delegation of legislative powers. The Supreme Administrative Court further stated that re-determining the person’s citizenship had direct and significant legal repercussions on the person’s legal position, and that overturning the previous decision on citizenship was not permitted under the Nationality Act. In decision 2165/2/09 published on 16 September 2011, the Supreme Administrative Court considered the obligation of a mother to provide information for determining paternity, when the matter concerns the determination of the child’s citizenship. According to Section 9, Paragraph 1, Subparagraph 4 of the Nationality Act, the principle concerning the place of birth is secondary. According to the information provided by the mother, the father of the child was a Somali citizen who resides outside Finland and does

not wish to be involved in the child’s life. In its decision on determining the citizenship of the child, the Finnish Immigration Service considered the child to be stateless pursuant to the provision of the Nationality Act stating that a child born in Finland may not acquire Finnish citizenship through the place of birth principle if the child is entitled to acquire the parent’s citizenship and if the child is able to acquire that citizenship through registration of the child’s birth with the authority of the parent’s state of nationality, or confirmation of paternity, or through another procedure entitling a person to citizenship, such as a declaration of citizenship. The child’s mother has objected to the determination of paternity. The Supreme Administrative Court found that the mother had not failed to fulfil her obligation to provide information pursuant to Section 39 of the Nationality Act. The Supreme Administrative Court also stated that Section 9, Paragraph 1, Subparagraph 4 of the Nationality Act could not be interpreted in such a way as to give the child a secondary right to acquire Somali citizenship under the circumstances of the case. This view was also supported by the aim of avoiding the statelessness of a child contained in the Constitution of Finland and the Nationality Act. On the stated grounds, the child was to be granted Finnish citizenship. The Nationality Act provisions on the requirements of language skills, and exceptions thereto, were amended by Act 579/2011. Under the transitional provision, citizenship applications that were pending at the time at which the Act entered into force were subject to the new provisions, unless applying the requirements under the previous provisions resulted in a better outcome for the applicant than the application of the provisions contained in the amended Act. The aim was to apply the more favourable provisions on applicants during the transitional period. In Supreme Administrative Court case KHO:2011:97 (631/2/10), the person appealing a decision had been refused citizenship by the Finnish Immigration Service due to failing to meet the language skill requirement. The Supreme Administrative Court found that the principle of applying the more favourable legal provisions during the transitional period were not intended to apply to citizenship applications pending in the administrative courts at the time of the new provisions entering into force. However, as the appellant appeared to meet the language skill requirements under the new provisions and on the basis of the evidence supplied to the Finnish Immigration Service as part of the application, dismissing the appeal would have been unreasonable under Sections 21 and 22 of the Constitution of Finland and Section 1, Paragraph 2 of the Nationality Act. In the view of the Supreme Administrative Court, under the circumstances of the case it was justifiable to apply the principle of more favourable provisions for the applicant, even in a court of appeal. The Supreme Administrative Court overturned the decisions by the Administrative Court and the Finnish Immigration Service and returned the matter for the Finnish Immigration Service for reprocessing. On 8 September 2011, the Supreme Administrative Court handed down decisions in cases 966/2/09 and 1055/2/09. The cases involved a negative decision by the Finnish Immigration Service in the case of a declaration of Finnish citizenship made by an Australian citizen. The decision of the Finnish Immigration Service was based on A not meeting the legal requirements for obtaining Finnish citizenship by declaration, as he was not the child of a Finnish citizen under the law. A’s father had obtained Finnish citizenship based on his father’s Finnish citizenship and Australian citizenship based on his place of birth. A’s father lost his Finnish citizenship upon reaching the age of 22 in 1948, pursuant to Section 11 of the Nationality Act in force at the time. The relevant provision in the Nationality Act stated that a person would lose Finnish citizenship where he or she had obtained Finnish citizenship and the citizenship of another country based on his or her place of birth, unless the person in question had a permanent address and home in Finland, had performed military service in Finland or gone to school in Finland for a minimum of two years prior to reaching the age of 22. A’s father had not visited Finland before the age of 22. A appealed the decision to the Helsinki Administrative

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Court, which overturned the Finnish Immigration Service’s decision and returned the matter for reprocessing. After the Finnish Immigration Service requested a leave for appeal, the Supreme Administrative Court began investigating the case. The Supreme Administrative Court subsequently confirmed Helsinki Administrative Court’s decision and the justification thereto, stating that A’s father did not lose Finnish citizenship until he was granted Australian citizenship on 26 January 1949. In this case, A’s father lost his Finnish citizenship pursuant to Section 60, Paragraph 1, Subparagraph 2 of the Nationality Act, in which case A was entitled to Finnish citizenship by declaration under Section 60, Paragraph 2. Supreme Administrative Court case 3239/2/09 KHO concerned the declaration of citizenship within a fixed period of time. The Finnish Immigration Service had refused to process the citizenship declaration made by A. Under Section 60 of the Nationality Act, the declaration of Finnish citizenship must be made within five years of the Act entering into force, i.e. within 2 June 2008. A’s declaration was received by the Finnish Embassy in Stockholm on 3 June 2008 and, as such, deemed late. A had submitted a free-form application on 27 May 2008 to notify the Embassy that he was going to apply for dual citizenship. A appealed the decision to the Helsinki Administrative Court, which overturned the Finnish Immigration Service’s decision and returned the matter for reprocessing. The Finnish Immigration Service petitioned the Supreme Administrative Court for leave to appeal. The Supreme Administrative Court upheld the administrative court’s decision and its justifications. Helsinki Administrative Court had deemed that A’s free-form notification submitted to the Finnish Embassy on 27 May 2008 met the criteria for a declaration of citizenship and therefore A’s declaration was received on time.

4.5.3 Developments from the EU perspective No particular measures to be reported.

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5. Irregular immigration and return 5.1 Irregular Immigration 5.1.1 Specific context Irregular migration is considered in Finland to fall under illegal migration. The various methods of illegal entry identified in Finland include: entry using falsified documents or another person’s travel documentation, third-country nationals entering the country either legally with a valid visa or on a visa-exempt basis and subsequently remaining in the country after their permit to stay expires, asylum seekers who remain in the country or the Schengen area after being denied asylum, and third-country nationals entering the country illegally with assistance from international crime groups. In addition to the aforementioned methods, there are also cases of illegal entry on an individual basis, frequently detected in the form of illegal border crossings, Section 185 violations of the Aliens Act or in conjunction with applying for asylum inside the country without personal identification. Efforts are being made in Finland to combat illegal immigration on four different levels of operation: in countries of origin and transit, in the neighbouring areas, at external borders and within the country. The measures include visa policy, immigration policy, effective border control, effective return policy, international police cooperation and information exchange, disseminating accurate information on Finnish immigration policy, monitoring aliens within the country and the effective administration of permits. In Finland, there have been concerns expressed in public dialogue and by nongovernmental organisations regarding the prevailing categorisation in Finnish migration policy of people as legal and illegal migrants, particularly considering the fact that thirdcountry nationals with illegal status often have that status for reasons beyond their control. Labour unions have also expressed their concerns about the focus of this study, which is on third-country nationals. Exploitation, such as extortionate work discrimination, is an acknowledged problem with workers from other EU countries, whereas third-country nationals in Finland are rarely found to be irregular migrants or victims of breaches of collective bargaining agreements. According to reports from labour unions, third-country nationals working illegally in Finland are typically employed in the construction industry and as seasonal and domestic workers. However, the number of illegal workers in Finland appears small from the perspective of the labour unions, as the unions are largely not made aware of such cases. Persons residing in the country illegally are either not members of a labour union or not actively in contact with their labour union. A group that has been highlighted as particularly problematic by the labour unions is that of persons from former CIS countries (some of which are now EU Member States) who are formerly Russian nationals but presently neither nationals of Russia nor their country of residence. Background checks on such persons have proved to be difficult and they often lack an employee’s residence permit due to the fact that they are assumed to be Estonian nationals, for instance. A significant factor preventing illegal workers from being detected is their fear of their employment not continuing after contacting the labour union representing workers in their field regarding the terms of their employment. Financial and/or psychological dependence on the employer is also an effective deterrent. In the service sector, there have been suspicions of the use of illegal workers particularly the cleaning industry. The cleaning industry is characterised by intense competition and, according to labour

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unions, constant co-determination negotiations. Large cleaning service providers use subcontractors to win bids. There is no clear evidence of the use of illegal foreign workers, as such information rarely reaches the labour unions. However, employee lists that do not reflect a company’s actual employee reserve suggest that illegal workers may be used. The labour unions argue that the approach taken in national migration policy of categorising immigrants as legal or illegal, combined with the lack of regularisation processes, contributes to illegal work being difficult for the authorities and labour unions to detect. The labour unions consider a system of using liaison officers to pre-screen visa applications to be an important part of suppressing irregular migration. The unions have emphasised the significance of advance information provided to third-country nationals. According to the unions, this communication effort is largely based on electronic communications (the Internet) rather than having separate campaigns aimed at third-country nationals to inform them of the real living conditions in Finland in their own language. According to status reports on irregular migration, the number of irregular immigrants has been decreasing in 2011 and there have been no significant changes in irregular migration to Finland in recent years. The top three nationalities of irregular migrants entering Finland illegally in each of the past three years have been Somalis, Russians and Iraqis. Irregular migrants from Iraq and Somalia have typically used the asylum process as the channel for integrating in Finland, whereas Russians have generally registered as illegal residents after their visas have expired. The most common route of irregular migration to Finland is intra-Schengen traffic through Sweden. It has been the established route used by the largest irregular migrant groups, Somali and Iraqi nationals. Irregular migrants arriving in Finland on cruise ferries from Sweden typically do not have identification documents or they use passports of Nordic countries issued to other persons, alien’s passports or refugee’s travel documents. Irregular migrants often move in groups with a person of the same ethnic origin who has resided in Finland or Sweden for a long time. There are approximately ten illegal border crossings per year on the long green border between Finland and Russia. Only a few of these are committed with the intention of entering Finland illegally. The majority of the cases are accidental. The Border Guard estimates that the situation on the green border with regards to illegal entry in 2010 was very quiet. The report on illegal entry 1/2011 states that the air routes originating from outside the Schengen area presenting the greatest risks were those from Turkey, Russia and the Far East (China, Thailand). In intra-Schengen air traffic, the routes posing the greatest risks are those from Greece, Italy and Spain. Flights from Riga in Latvia are also mentioned in the report as an emerging risk.

5.1.2 Developments within the national perspective The Ministry of the Interior has set up a project for the period of 1 December 2011 - 1 December 2013 to examine the provisions concerning detained foreign nationals. Particular attention will be paid to unaccompanied minor asylum seekers. The project, which will be started in December, is linked to the new Government Programme’s aim to prohibit the detention of unaccompanied minor asylum seekers and develop other alternatives for detention. International organisations monitoring human rights have highlighted these issues in their recommendations. The detention of a minor should only be used as a last resort and its duration should be as short as possible. In practice, there have not been many cases of the detention of minors in Finland.

47

The project will focus on the provisions of the Aliens Act and the Act on the Treatment of Aliens Placed in Detention and Detention Units. The need for legislative amendments was recognised during the preparation of the Act on the Reception of Asylum Seekers. For scheduling reasons, it was decided at the time that a separate project would be set up to prepare amendments concerning detention. The first phase of the project involves the preparation of a government proposal for amending the provisions on the detention of minors. The proposal will be submitted to parliament no later than at the beginning of the 2012 autumn session.23 Other legislative amendments required will be submitted to the parliament in the 2013 autumn session. Closer cooperation between the Finnish Immigration Service, the Police and the Border Guard is also planned under a new cooperation model. Prime Minister Jyrki Katainen’s Government Programme states that a cooperative model involving the Finnish Immigration Service, the Police and the Border Guard will be implemented to speed up the processing of asylum applications. The implementation of the model is expected to provide the conditions for developing new ways of working to speed up the processing of asylum applications. This is based on the general need to improve cooperation on matters related to immigration and residence between the relevant organisations in the Ministry of the Interior’s branch of administration. The new cooperative model is intended to become a permanent structure similar to the PCB model adopted by the Police, Customs and Border Guard. The new cooperative model is also intended to enhance the prevention of irregular migration, trafficking in human beings and the circumvention of the rules on entry as well as make permit procedures (including asylum applications) more efficient. Helsinki Court of Appeal 23 September 2011: Entering Finland using a falsified Bulgarian passport not a punishable act An asylum seeker who had entered Finland on a falsified Bulgarian passport could not, according to the Helsinki Court of Appeal, be sentenced for forgery. According to the Court of Appeal, Article 31 of the Convention relating to the Status of Refugees protects the accused from sentencing due to the fact that he had presented himself without delay to the Finnish authorities at HelsinkiVantaa Airport to apply for asylum. The asylum seeker entered the country from Turkey through Ukraine in September 2009 using a passport and airline ticket purchased from a smuggler. Vantaa District Court had found in February 2010 that the act was justified and not subject to punishment. On 24 January 2011, the Supreme Administrative Court handed down its decision in case 2915/1/09 (yearbook decision). The case concerned the refusal on 8 July 2008 by the Finnish Immigration Service of an employee’s residence permit by A, an Armenian citizen, based on the legislative provision governing circumstances in which an alien cannot be removed from the country. During his time in Finland, A had been found guilty of several crimes. On this basis, the Finnish Immigration Service found that there were grounds for the refusal of the residence permit pursuant to Section 36 of the Aliens Act and, as a result, denied A a residence permit in a case in which an alien cannot be removed from the country. This resulted in A having an irregular status. A appealed the decision to Helsinki Administrative Court, which returned the case to the Finnish Immigration Service for reprocessing. The Finnish Immigration Service petitioned the Supreme Administrative Court for leave to appeal.

23

Ministry of the Interior press release 15.11.2011.

48

Leave was granted and the Supreme Administrative Court investigated the matter. In its decision, the Supreme Administrative Court found that the Finnish Immigration Service should not have refused A’s residence permit application under the stated grounds of repeated crimes. The Supreme Administrative Court based its decision on the wording of Section 51, Paragraph 1 of the Aliens Act, which obligates the authorities to issue a residence permit to an alien who cannot be returned to their home country, even in circumstances in which the alien is considered to be a danger to public order and security pursuant to Section 36 of the Aliens Act. Decisions on such cases must take into consideration the fact that refusal of the residence permit may result in the person having to reside in Finland for an extended time without having any grounds for residence in Finland under the Aliens Act. The Supreme Administrative Court handed down a decision in case KHO:2011:64 concerning the requirement for an EU citizen to register his or her right of residence. The case concerned an Italian citizen who had resided in Finland legally since 1997. The person had last held a valid residence permit from 2002 to 2007. In 2008, Helsinki Police Department required the person to register his right of residence. A’s right of residence was re-registered on 20 October 2008 and he was provided with a certificate of registration. At the same time, the Helsinki Police Department served A a notification of a summary penal order. A filed an appeal with the Administrative Court, arguing that registration was not required as he was entitled to a permanent Finnish residence permit on the grounds of having lived in the country for ten years without interruption. The Administrative Court dismissed the appeal. A filed for leave to appeal to the Supreme Administrative Court, which accepted the case. The Supreme Administrative Court found in favour of A, stating that he had resided in Finland without interruption for the period of five years stipulated in Section 161 of the Aliens Act prior to the expiration of his residence permit and, as such, did not need to register his right of residence as an EU citizen. A was directly entitled to permanent residence in Finland under the Aliens Act and had the right to request a certificate of the same. In August, the Southwest Finland District Court issued a penalty of 50 day-fines to two persons of Iranian background for arranging illegal immigration. Preliminary investigations in the case by the crime suppression unit of the West Finland Coast Guard revealed that the suspects were involved in arranging the entry into Finland of two persons in 2009-2011. The suspects had travelled to Sweden on a passenger ferry in early 2011 and illegally brought one person to Finland on the return leg. One of the suspects had also transferred money to Greece to pay for the smuggling into Finland of a person you who entered Finland illegally. During the course of the investigations, it was further revealed that the suspects had also arranged the illegal entry into Finland of another person in late 2009. That instance also involved the suspects travelling to Sweden to pick up a person who had entered the Schengen area illegally and bringing him to Finland on a passenger ferry. In both instances, the persons who entered Finland illegally and subsequently resided in Finland illegally were transported to Central Finland, where they later applied for asylum. In September, Southwest Finland District Court found three persons of Afghan backgrounds guilty of arranging illegal immigration and handed down a suspended prison sentence of 45 days. Preliminary investigations in the case by the crime suppression unit of the West Finland Coast Guard revealed that the suspects had travelled to Sweden to pick up a person residing illegally in the Schengen area and bring him to Finland. In Stockholm, one of the suspects gave his ferry ticket to the person who subsequently entered Finland illegally and obtained a new ticket for himself. The persons were apprehended soon after entering Finland.

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5.1.3 Developments from the EU perspective Legislative amendments to implement the Prüm Decision entered into force on 15 December 2011. The Prüm Decision refers to a European Council Decision of July 2008 on the stepping-up of cross-border cooperation, particularly in combating terrorism and cross-border crime. The Acts amended to implement the Prüm Decision include the Firearms Act, the Act on the Processing of Personal Data by the Police and the Vehicular and Driver Data Register Act. The amended provisions govern the right of an officer from another country to participate in a joint operation on Finnish territory, the jurisdiction of such foreign officers and their right to carry and use a firearm or other weapon.

5.2 Return 5.2.1 Specific context Supporting voluntary return is a central element of Memorandums of Understanding (MOU) signed with third countries. The Ministry of the Interior is presently preparing Memorandums of Under-standing between Finland, Afghanistan and the United Nations High Commissioner for Refugees as well as between Finland and Iraq to agree on practical procedures for repatriation. The MOUs aim to promote the voluntary return of Afghan and Iraqi nationals residing in Finland to their countries of origin. The MOUs would form a basis for humane and controlled return that takes into account the significance of prioritising voluntary return, the prevailing circumstances in Afghanistan and Iraq and the importance of a safe, dignified and sustainable return. The target group of the MOUs would be Afghan and Iraqi nationals residing in Finland who have been refused asylum or a residence permit, are in the process of applying for asylum or have a residence permit. The return of Afghan and Iraqi nationals who have been refused asylum or residence permit would primarily be voluntary, but forced repatriation would also be possible after the asylum or other residence permit procedure and related appeal processes have been exhausted. The significance of an injunction against repatriation would also be assessed at that stage. Afghan and Iraqi nationals in the process of applying for asylum or residing in Finland with a valid residence permit would only be eligible for the return procedure on the basis of their free will. Voluntary return is the primary option in all cases. Persons are encouraged to return voluntarily and, before a forced repatriation process is initiated, all significant humanitarian and other aspects relevant to the case are taken into consideration. In January 2010 IOM Helsinki launched the project ”Developing Assisted Voluntary Return in Finland” to establish a comprehensive and effective system for the voluntary repatriation of third country citizens in Finland. The project is carried out by the International Organisation for Migration’s Regional Office in Helsinki in partnership with the Finnish Immigration Service. The project is scheduled to run for a period of three years and is funded by the European Return Fund and the Finnish Immigration Service. However, the project is aimed at persons with refugee status, subsidiary protection status or temporary protection status including individuals with a continuous residence permit or permanent residence permit on those grounds. Asylum seekers who have with-drawn their asylum application as well as those who have been denied asylum can also receive sup-port through the project. A person who is accepted under the project is eligible for financial support for travel to an airport in Finland; travel from Helsinki to the country of origin; possible travel in the country of origin as well as repatriation support.

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The first phase of the project on voluntary return took place from 1 January 2010 to 28 February 2011. The second phase will be completed on 31 December 2011 and the third phase is scheduled for 1 January 2012 - 31 December 2012.

Annual data on removal and enforcement 4500 4000

There are not many experiences in Finland of arranging a return for victims of human trafficking after they have been in the system of assisting victims of human trafficking. In 2008-2010, a total of 12 persons who were previously in the system of assisting victims of human trafficking returned to their home countries. The Joutseno reception centre, in particular, has developed its expertise and role in arranging a safe return for victims of human trafficking. One aspect of these developments was the ”Assisted return for victims of trafficking in human beings” project in 2010, which was supported by the European Return Fund. The aim of the project was to create a model for the safe and assisted return of victims of human trafficking. The project collected information and experiences from similar systems in other countries. During the project, the return of four persons recently accepted into the system of assistance was arranged. The returning persons were given financial assistance to facilitate their repatriation. The assisted return of victims of human trafficking is currently managed as part of a voluntary return project jointly administered by the IOM and the Finnish Immigration Service and primarily aimed at asylum seekers.24

3500 3000 2007 2500

2008 2009

2000

2010 2011

1500 1000 500 0

Decisions on removal (total)

Negative decisions on asylum

Decisions under Dublin procedure

Persons removed total

2007

1294

802

262

1054

633

264

2008

1465

887

480

1094

632

317

2009

3078

2295

1358

2099

1421

829

2010

3939

2743

918

2872

1875

794

2011

2973

1509

624

2248

Rejected asylum seekers removed

1085

Persons removed under Dublin procedure

471

Source: The Police

5.2.2 Developments within the national perspective Helsinki Police Department has carried out two removal-related projects. The ULHA2007 project funded by the Supreme Police Command was operational from 1 April 2007 to 31 December 2010. A project to improve the effectiveness of removal, funded by the EU Return Fund, has been operational since 1 August 2009 and will end on 31 December 2011. The ULHA 2007 project aimed at standardising the operating models related to the enforcement of removal decisions by assigning the duties of escorting aliens out of the country and the responsibil-ity for coordinating removal operations to the Helsinki Police Department on a centralised basis. A further aim of the project was to reduce delays in enforcement. A total of some 34,000 man hours, or approximately 21 man years, were recorded in the ULHA 2007 project.

The annual data on removal and enforcement suggests that the measures taken to improve the effectiveness of removal have led to a decrease in Dublin cases, which can be considered one indicator of irregular migration.25 In addition to improving the effectiveness of operations, the project funded by the Return Fund also aimed to increase the proportion of voluntary returns among thirdcountry nationals who are refused entry. Efforts to activate this target group became more successful after the joint project on voluntary return between the Ministry of the Interior, the Finnish Immigration Service and the IOM began. This year, 10% of all foreign nationals removed from the country returned voluntarily through the voluntary return programme. The table below shows the number of people subject to a removal decision who left the country through arrangements made by the IOM in 2007–2011/9.

Returns arranged by IOM 2007 21 2008 8 2009 203 2010 223 2011/9 172

The increased volume of removal decisions in 2009 and 2010 nevertheless resulted in the ULHA2007 goals not being met despite the resources allocated to the project. However, the additional resources introduced through the project have helped maintain the rate of enforcement at an effective level despite the steep increase in the number of removal decisions. Calculated on the basis of the removal database maintained by the Helsinki Police Department, the rate of enforcement of removal decisions was 81% in 2007, 74% in 2008, 68% in 2009, 73% in 2010 and 78% in 2011/9. The chart below illustrates removal decisions and enforcements for the period of 2007–2011/9.

25

24

Report by the steering group for the revised plan of action against trafficking in human beings 6.4.2011. http://www.ihmiskauppa.fi/files/50/Arviointiraportti.pdf

In Finland, the examination of each asylum application begins with determining the country responsible for it. This is based on the EU Regulation on determining the country responsible for processing an asylum application. Known as the Dublin Regulation, it has been adopted by all EU Member States as well as Iceland, Norway and Switzerland. Like the other countries that have implemented the Regulation, Finland has adopted the principle that only one country should examine an applicant’s grounds for international protection. If an asylum seeker enters Finland through another country that has adopted the Dublin Regulation, or has filed a first asylum application in a Dublin country other than Finland, his or her application is generally not processed in Finland. Such applicants are subject to a Dublin decision and deportation to the responsible country.

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Table: Propositions and decisions regarding deportations 2001–2011 Year  

Proposals

Decisions on removal and deportation

Decisions

 

No deportation

Deportation*

 2001

119

29

76

2002

122

35

80

2003

141

25

80

2004

102

51

89

2005

126

52

71

2006

129

40

61

2007

139

68

59

2008

169

83

75

2009

209

47

80

2010

446

77

216

2011

382

160

214

6000

5000

4000 Deportation Decisions on removal (FIS)

3000

Decisions on removal (inland) Decisions on removal (border)

2000

1000

0 2007

2008

2009

2010

2011

Source: The Finnish Immigration Service

Enforcement of removals

2011

2010

Escorted

2009

Without escort

2008

2007

0

Source: The Police

 

500

1000

1500

2000

2500

54

55

IOM voluntary returns DAVRiF-Project (Developing Assisted Voluntary Return in Finland) – by return destination (2010 and 2011) Returns By Country / Area Burundi China Congo DR Cuba Ethiopia Kazakhstan Kyrgyzstan Morocco Nepal Pakistan Sierra Leone Ukraine Azerbajan Bangladesh Moldova Syria Uzbekistan Chile Egypt Gambia Tanzania Cameroon Croatia Georgia Armenia BiH Palestinian territories Sri Lanka India Iran Turkey Nigeria Macedonia Belarus Ghana Afghanistan Kosovo UNSC 1244 Serbia Russian Federation Iraq Total

2010     1       1       1 1   1 2 2     1 2 1 1     2 4   9 9 3 5 3 7 3 4 19 20 39 32 61 234

2011 1 1   1 1 1   1 1 1     2 1     2 3 2 1 2 3 7 7 6 4 8 1 4 12 10 13 10 15 18 13 30 16 50 56 304

Total 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 3 3 3 3 4 7 7 8 8 8 10 13 15 15 16 17 18 22 32 50 55 82 117 538

Ad hoc returns 2010 2011

27 -

 There were no ad hoc returns in 2011. Source: IOM. Ad hoc returns by return destination 2010 Russian Federation Romania Iraq Serbia Kosovo Kosovo UNSC 1244 Macedonia Bulgaria

8 5 4 4 3 2 1

Ad Hoc returns by month 2010 Jan 2010 Feb 2010 Apr 2010 May 2010 Jul 2010 Sep 2010 Oct 2010 Nov 2010

1 2 3 1 4 11 2 3

  IOM voluntary returns total from Finland (incl. Developing Voluntary Returns in Finland(DAVRiF) project)

 

2010 2011

261 304

Case law pertaining to removal in 2011 On 7 December 2011, the Supreme Administrative Court issued a decision in case 2523/1/11. A had petitioned the Supreme Administrative Court for leave to appeal after the administrative court had issued an interim decision to dismiss A’s request for the prohibition of the enforcement of a decision to refuse entry. At the same time, the administrative court had stated that it would hand down a judgment regarding A’s appeal in the primary case at a later date. A petitioned the Supreme Administrative Court to dismiss the administrative court’s interim decision and prohibit the enforcement of the decision to refuse entry prior to the administrative court handing down its judgment in the primary case, which was A’s appeal over the negative decision on his residence permit application made by the Finnish Immigration Service. The Supreme Administrative Court’s decision stated that the administrative court had not legally resolved A’s refusal-of-entry

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case by issuing an interim decision. Petitioning the Supreme Administrative Court for leave to appeal is subject to a decision being made in A’s primary case. In this case, there was no such decision. As an appeal can only be filed against a legal decision, the Supreme Administrative Court found that national regulations did not allow it to process an appeal over an interim decision. The Supreme Administrative Court further stated that the administrative court’s interim decision did not prevent the appellant from filing a new appeal seeking to prevent or postpone the enforcement of the refusal of entry. Further, the administrative court was obliged to prohibit enforcement of the decision to refuse entry if A’s personal or other circumstances constituted sufficient grounds for doing so. Born in 1935, A suffered from various health problems and was fully dependent on his daughter who resides in Finland.

abuses are evident in many labour-intensive sectors and industries where there are many foreign workers, including construction, restaurants, cleaning, metal, transport, gardening and berry picking.

5.2.3 Developments from the EU perspective

In Finland, the system for assisting victims of human trafficking is linked to the asylum seekers’ reception system. Joutseno reception centre is the competent reception centre in assisting adults, groups and families. Oulu reception centre is responsible for assisting underage victims of human trafficking.

A legislative amendment that entered into force on 1 April 2011 resulted in new provisions being added to the Aliens Act concerning voluntary return and the duration of detention. The amendments are based on the EU Return Directive (2008/115/EY). Persons subject to a decision on the refusal of entry or removal are now given 7-30 days to leave the country voluntarily. However, the option of voluntary return is not offered to persons considered by the authorities to be flight risks or threats to public order or security. The Aliens Act is also amended with a provision specifying the maximum duration of detention as six months. Detention may be extended to 12 months in the presence of grounds for doing so. In practice, detention periods in Finland have been shorter than the maximum durations allowed and the implementation of a maximum duration is not intended to change existing practice regarding the duration of detention. Over the last decades Finland has concluded bilateral readmission agreements with several countries; the latest bilateral agreement was concluded with Switzerland in the spring of 2009. At the moment Finland is finalizing negotiations with Kosovo on a bilateral basis. According to the current practice the European Union is negotiating the readmission agreements with third countries and the Member States negotiate and ratify bilateral protocols based on these agreements. The latest protocol was signed with Russia in 2010 based on the EU/Russia readmission agreement.

5.3 Actions against human trafficking 5.3.1 Specific context Trafficking in human beings and related abuse is considered one of the greatest human rights challenges of our time. The majority of human trafficking is believed to be connected to international migration, and Finland is estimated to be the country of transit or destination of up to hundreds of victims of human trafficking. Victims may be women, children or men.

A chapter on assisting victims of human trafficking was added to the Act on the Integration of Immigrants and Reception of Asylum Seekers through an amendment (1269/2006) that entered into force in 2006. Under Section 2, Paragraph 6 of the Integration Act, assisting victims of human trafficking refers to the services and support activities arranged by asylum seekers’ reception centres for the purpose of providing care for victims of human trafficking and their means of support, promoting their recuperation and integration and supporting their operating capacity and safe return. The assistance provided to victims of human trafficking is governed by Chapter 4 of the Integration Act (Sections 25a-25f).

5.3.2 Developments within the national perspective On 11 November 2011, the ministerial working group for internal security agreed that the Ministry of the Interior will set a legislative project to draft an act on trafficking in human beings and the Ministry of Justice will set a project to determine the need for amendments to the Penal Code concerning trafficking in human beings. The Ministry of the Interior is responsible for preparing legislation related to assisting victims of human trafficking. At present, the assistance provided to victims of human trafficking is governed by both the Act on the Reception of Asylum Seekers and the Integration Act. The need to amend legislation against human trafficking has been highlighted by several different parties. Prime Minister Jyrki Katainen’s Government Programme states that legislation will be developed in order to prevent trafficking in human beings in all its forms and to protect the victims of trafficking in human beings. The parliament has also called on the government to take action to prepare a new act on the system of assistance for victims of human trafficking. Furthermore, the parliament has called for action to be taken to amend overlapping penal provisions on procuration and trafficking in human beings. A Ministry of Justice working group is preparing the matter.26 In a report on human rights policy submitted to parliament in 2004, the government committed to preparing a national action plan against trafficking in human beings. The Ministry for Foreign Affairs set a working group to prepare a proposal based on the commitment. The government subsequently approved Finland’s first action plan against trafficking in human beings on 25 August 2005. The action plan called for the preparation of a revised action programme based on the accumulated information and experiences. For this purpose, the Ministry of Labour set a steering group whose proposal for a revised plan of action against trafficking in human beings was approved by the government on 25 June 2008. The plan remains in effect to this day.

In Finland, trafficking in human beings is often connected to sexual or work-related abuse. Sexual abuse is linked to prostitution and organised procuration. Work-related 26

Ministry of the Interior press release 11.11.2011.

58

The revised plan of action against human trafficking approved by the government on 25 June 2008 required that the steering group set up to monitor the implementation of the plan of action will, based on its assessment, prepare recommendations for measures to be taken to further develop legislation and actions against trafficking in human beings. The steering group set up for this purpose submitted its report, containing its assessment and recommended measures, at the conclusion of its term on 6 April 2011. The primary recommendation of the steering group is to set up a working group with the objective of preparing a proposal for a comprehensive act on trafficking in human beings. The most important aspect of the legislative project is to prepare proposals for more detailed provisions pertaining to a system for assisting victims of human trafficking. The working group must also prepare proposals for regulation concerning the identification of victims of human trafficking and the exchange of information related to cases of human trafficking between the authorities concerned as well as between the authorities and other actors involved in assisting victims of human trafficking.27 By the beginning of December 2011, the Police and the Finnish Border Guard had begun preliminary investigations or reported an offence in 25 separate cases of suspected trafficking in human beings. According to the National Police Board, there have been no changes in human trafficking in Finland as a phenomenon. The increase in the number of cases being investigated is the result of a conscious decision by the police to focus on exposing trafficking in human beings.

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In October 2011, the IOM and the Finnish Ombudsman for Minorities carried out an information campaign titled ”Jobs that no-one wants” to increase awareness of human trafficking in Finland and to facilitate more effective identification of victims of human trafficking. The campaign is part of the EU Anti-Trafficking Day on 18 October. The day was celebrated in Finland for the first time in 2011. The objectives of the campaign were: l to increase awareness of human trafficking l to inform people of the various manifestations of human trafficking in Finland l to evoke discussion on who is responsible for the identification of victims of

human trafficking

King Advertising Agency designed an eye-catching recruitment campaign29 for jobs that no rational person would want to do without being forced or extorted. The job adverts offered work “involving unreasonable hours, hard physical labour, non-existent pay, physical and psychological violence, coercion to perform sexual services and deprivation of human dignity.”

5.3.3 Developments from the EU perspective The steering group for the system of assisting victims of human trafficking set up a sub-working group for the period 1 April 2009 - 31 December 2010 to coordinate

anti-trafficking training and communication. In 2010, the sub-working group planned and implemented training sessions to disseminate information on key aspects of combating human trafficking, including the capacity to identify trafficking and take action against it. Officers representing various branches of administration as well as representatives of schools and the third sector who may come across victims of human trafficking in their work were invited to participate in the training sessions. The sub-working group also produced an electronic handbook on human trafficking, which was part of the assignment given to it. Published in 2010, the website (www. ihmiskauppa.fi, www.människohandel.fi, www.humantrafficking.fi) was intended as a handbook with comprehensive training materials and information, instructions, links and contact information aimed at those involved in anti-trafficking activities, those who encounter victims of human trafficking and the victims themselves. The information in electronic form will be complemented and updated as necessary. The content can also be printed.28

Assessment of the implementation of the plan of action against trafficking in human beings and recommendations for the development of legislation and actions concerning human trafficking. Ministry of the Interior publications 17/2011 http://www.ihmiskauppa.fi/files/50/Arviointiraportti.pdf 28 Report by the steering group for the system of assisting victims of human trafficking 6.4.2011. http://www.ihmiskauppa.fi/files/50/Arviointiraportti.pdf 27

Jobs that no-one wants campaign http://king.fi/site/mita-teemme/tyonaytteet/tyoe-jota-kukaan-ei-haluaisi-tehdae/?type=

29

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6. Border control 6.1 Control and surveillance at external borders

61

at the embassy or consulate concerned. The Finnish Border Guard has been preparing since 2005 to receive API data (Advance Passenger Information on passengers and crew) from air carriers. This would strengthen the prevention of irregular immigration, particularly with regards to high-risk air routes. It is expected that the API interface will be implemented in spring 2012.

6.1.2 Developments within the national perspective 6.1.1 Specific context The resources of the Border Guard are deployed as indicated by risk analysis and the border situation, and readiness to respond to changes in the situation is maintained. There are no plans to in-crease personnel, but resources (particularly personnel) have been further targeted and will continue to be further targeted in accordance with the multiannual strategic plan. In December 2010, the Finnish Border Guard introduced ten automatic border control checkpoints at Helsinki-Vantaa airport. The automatic border control system is based on the biometric identification of passengers. Biometric passports contain a microchip, whose data is verified by a reader. The automatic checkpoint also compares individual facial proportions in real-time passenger images with those stored in the microchip. In July 2011, the Finnish Border Guard opened ten new automatic border control checkpoints at Helsinki-Vantaa for flights arriving from outside the Schengen area. The results of customer satisfaction measurements have been positive, with 120,000 passengers having used the automatic checkpoints by July 2011. A total of 8.4 million passengers crossed the border in 2010, representing an increase of 13.7 per cent on the previous year. Cross-border traffic increased at all international border crossing points except Vainikkala and Vartius. According to the Border Guard’s assessment, this increase in cross-border traffic is the result of improving economic growth in Russia, changes in customs regulations and Finland’s flexible visa policy. In 2011, the Finnish Border Guard reported numerous cases of imposters carrying genuine travel documents issued to someone else. Furthermore, in 2011 there were several cases of genuine residence permits issued by other EU countries to persons using a counterfeit passport or someone else’s passport. The Border Guard engaged in active cooperation with the Police and Customs to expose imposters. The monitoring of aliens and crime suppression activities are effective in exposing persons travelling with false identification documents in intra-Schengen traffic. In traffic across the Schengen external borders, such cases are usually detected in conjunction with border checks. The Finnish cooperation between the Police, Customs and the Border Guard (PCB cooperation30) is an internationally unique form of cooperation used to prevent illegal immigration as part of pre-entry measures. The cooperation has been going on for decades, but in recent years it has been extended to criminal intelligence activities. Criminal intelligence activities under the PCB cooperation framework are focused on serious and cross-border crime. The aim of the PCB framework is to promote cooperation between the authorities to allow tasks related to internal security to be carried out in an effective and flexible manner.31 Finland’s diplomatic missions and consulates abroad also use assistance from the Nordic network of police and customs liaison officers (PTN) if there is no Finnish liaison officer 30 http://www.finlex.fi/fi/laki/ajantasa/2009/20090687 Act on Cooperation between the Police, Customs and the Border Guard 687/2009 31 The PCB cooperation is based on the Act on Cooperation between the Police, Customs and the Border Guard (687/2009) and the Government Decree on Cooperation between the Police, Customs and the Border Guard (1126/2009).

The Border Guard was reorganised in 2011. As of the beginning of 2011, the regional command level between headquarters and border guard stations were be abolished in the Border Guard Districts and Coast Guard Districts. This will streamline the command structure, and the personnel resources released will be redirected to operations.

6.1.3 Developments from the EU perspective In December 2010, the Finnish Border Guard opened ten new automatic border control checkpoints at Helsinki-Vantaa for flights arriving from outside the Schengen area. With ten automatic border control checkpoints in use for departing flights, the total number of automatic checkpoints at Helsinki-Vantaa is now 20. By July 2011, over 120,000 passengers had used the automatic border control checkpoints for departures. The automatic border control system is based on the biometric identification of passengers. Biometric passports contain a microchip, whose data is verified by a reader. The automatic checkpoint also compares individual facial proportions in realtime passenger images with those stored in the microchip. At present, only citizens of European Union and European Economic Community Member States and Swiss nationals holding biometric passports may use the automatic checkpoints. In the future, the Finnish Border Guard will develop its automatic border control checkpoints to serve passengers of all nationalities.

6.2 Cooperation with respect to border control 6.2.1 Specific context In 2010 Finland was preparing for the last VIS testing phase PSAT (Provisional System Acceptance Testing) with 16 other member states, which took place on 23rd of March until 15th of June. There has been an implementation of general VIS preparation of the consular posts and border posts, which is constantly monitored. Training of the personnel will take place 1-4 months before VIS goes live. There is close co-operation in the National level between the Central VIS authority and the other VIS authorities.

6.2.2 Developments within the national perspective The elimination of border checks between Finland and Estonia in 2007 was quickly reflected in the number of crimes against property. There was a marked increase in crimes involving forced entry into residences and entry into shopping centres through roofs. According to the Finnish Customs, foreign criminal groups carry out meticulously planned and well organised criminal strikes in Finland. The criminals enter the country in the evening, carry out multiple crimes during the night and then leave the country on the first ship in the morning or as soon as possible. The organised nature of such

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criminal activities is evidenced by the fact that factors taken into account in courts of law have quickly resulted in changes in the operating methods used by subsequent criminals entering Finland.32

In 2011, the Finnish Border Guard experts served in the following EU assistance missions/programmes:

The authorities have increased both national and international cooperation as the extent of the phenomenon has become clear. The Finnish authorities recommend tighter international cooperation to control the phenomenon of mobile crime. The KOPPI project, led by the National Police Board, was established in 2010 to implement more effective measures against foreign criminal groups and the crimes committed by them. In addition to various police departments, the project involved the Finnish Customs and the Finnish Border Guard. The Office of the Prosecutor General participated in the project steering group, primarily with regard to the arrangement of prosecution-related matters. Estonian and Latvian authorities were also involved in the project through a commitment to more effective exchange of information. The national PCB crime investigation centre was responsible, together with other PCB units and police departments, for profiling persons in the target groups and identifying serial crimes. The PCB authorities cooperated and exchanged information with liaison officers posted abroad as well as Europol and law enforcement authorities in various countries. The aim of the KOPPI project was to initiate a broad-based response to the phenomenon and prevent crimes in a manner that would result in information on the measures taken by the authorities being passed to the criminals’ countries of origin. The conditions for staying in Finland of persons profiled as being in the target group were assessed and, where necessary, they were returned through the appropriate processes to prevent criminal activity. Intensified and highly visible monitoring activities were employed to impede criminal activity. A similar period of intensified monitoring was implemented in 2011, based on the experiences gained from the KOPPI project. The emphasis in 2011 was on proactive measures, including the effective acquisition of information. National and international cooperation between the authorities was intensified, which allowed the authorities to focus their operations on foreign criminals posing the highest threats. The preliminary results of the intensified monitoring period in 2011 indicate that the objectives were achieved as planned.33

to the establishment of sustainable and effective policing arrangements (including Border Police) in all parts of Afghanistan through monitoring, mentoring and training; l The European Union Rule of Law Mission in Kosovo (EULEX) which aims to assist and support the Kosovo authorities in the rule of law area, specifically in the police, judiciary and customs areas through monitoring, mentoring and advising whilst retaining a number of limited executive powers; l European Union Border Assistance Mission to Moldova and Ukraine (EUBAM) which aims at enhancing the capacities of the Ukrainian and Moldovan Customs and Border Guard in countering illegal cross-border movement and in enhancing movement of legitimate trade and travel at the joint Ukrainian-Moldovan border; l Development of the Border Management in Turkey is a programme run under the guidance of the Delegation of the European Union to Turkey and its main objective is to assist Turkish authorities to achieve an integrated border management system in line with EU standards. In addition, one component of this programme is a Finnish-Turkish Twinning-project on risk management and analysis.

6.2.3 Developments from the EU perspective Currently the Finnish Border Guard participates in the regulation of irregular migration and specifically in the fight against illegal immigration within the broader framework of EU’s civilian-crisis-management and other assistance activities, and under the EU’s Common Security and Defence Policy (CSDP). These activities provide broad-ranging assistance for host countries’ border management agencies; thus, assistance related to irregular migration and illegal immigration is not covered via any specific project just on immigration issues, but via general capacity-building efforts, and in the broader context of legal/illegal cross-border movement. Participation takes place through the provision of expert assistance. This takes the form both of long term secondments and of contracted (short and long term) expert consultancies; in the case of Turkey, there is also an EU Twinning-project run by the Finnish Border Guard.

32

Pentti Kangasniemi in Haaste 3/2011 http://www.haaste.om.fi/Etusivu/Lehtiarkisto/Haasteet2011/Haaste32011/1302673768676 33 Pentti Kangasniemi in Haaste 3/2011 http://www.haaste.om.fi/Etusivu/Lehtiarkisto/Haasteet2011/Haaste32011/1302673768676

l EU Police Mission in Afghanistan (EUPOL Afghanistan) which aims to contribute

The Finnish Border Guard provides training for airline personnel whenever an airline opens a new route to Finland originating from a risk country. In 2011, training was provided to ground crew of the Nordavia airline in Arkhangelsk, Russia, and the ground crew of Belavia airline in Minsk, Belarus. Finnish Border Guard has participated in several Frontex Joint Operations. FBG took part in RABIT-operation (starting Nov 2010) on Greek Turkish Border until March 2011. The operation continues as a regular Joint Operation “Poseidon Land” in which FBG teams take part until December 2011. Finnish Patrol Boat with changing crew took part on Sea Operation in Greece during four months. Finnish Air Patrol vessel has participated during two months in two different operations (JO Aeneas and Indalo) in Italian and Spanish Coast. Also Border Guard Dog handling team has been participating in Joint Operation Minerva in Spain. In addition, FBG has taken part in smaller Frontex operations and projects. Finnish Border Guard has a Twinning cooperation project with Turkish Border Authorities which aims to develop the risk management capacity for Turkey according to the Integrated Border Management principles of the European Union. Finland implemented the Schengen countries’ shared Visa Information System (VIS) at its diplomatic missions in Cairo, Tunis and Rabat on 11 October 2011. The Ministry for Foreign Affairs arranged special implementation monitoring and visa support for the diplomatic missions involved and forwarded their feedback to the EU Commission. Finland intends to follow the Commission’s schedule of implementation, with the Persian Gulf and Middle East region next in line. Finland’s VIS functionality has been implemented by using a separate interface application to integrate the national visa system with the C-VIS central system. VIS implementation has been smooth due to comprehensive compatibility, VIS-mail and central systems testing along with Finland’s own national tests. In the first few days, the diplomatic missions received approximately 30 visa applications, all of which included biometric identification. The total number of VIS visa applications received by Finnish consulates and embassies during the period from 11 October to 15 November was 192.

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Finland’s external border crossings began inspecting visa systems using the VIS system, with visa numbers and alphanumeric data, on 31 October 2011, or 20 days after implementation at the diplomatic missions. Prior to VIS implementation, Finland participated in the VIS project External Borders Fund project involving the Finnish Border Guard, the Ministry for Foreign Affairs and the Baltic countries. The aim of the project was to test VIS functionality in external border inspections at selected border crossings and at two pilot diplomatic missions, Beijing and St. Petersburg. The processing of biometric VIS test applications and the recording of data on the central system’s Playground test database by the diplomatic missions, as well as the inspection, verification and identification of VIS test visas at the external borders, were in line with requirements. Finland issued a press release on VIS implementation and provided information from the Commission for use by the diplomatic missions and the Finnish Border Guard.

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7. International protection, including asylum 7.1 Specific context The number of asylum seekers in 2009 was the highest in the Finnish immigration history, 5988. 2010 showed a decreasing trend with 4018 asylum seekers, which continued in 2011 with a total of 3088 asylum seekers. The number of asylum seekers has decreased over 20 % since 2010. In 2011 the estimated number of asylum seekers is approximately 3 000 (in 2010: 4018 applicants). The most significant change in the profiles of the asylum seekers is the lack of EUcitizens in 2011. In 2010 the Bulgarian and Romanian citizens were in the top 10 asylum seeking groups, whereas in 2011 Finland has received only a few applications from EUnationals. One reason behind this change could be the before mentioned amendment of the act on integration and reception of persons seeking international protection in the summer 2011. The number of asylum seekers from Syria has increased in 2011, but not in a significant manner. Due to a backlog of Syrian asylum applications FIS decided in August 2011 to grant residence permits based on humanitarian protection to Syrian applicants if their applications do not meet the criteria for a refugee status or subsidiary protection. Since the decision of the Supreme Administrative Court in December 2010 FIS has begun to grant subsidiary protection to Iraqi applicants originating from certain areas of Iraq, including Baghdad. In 2011 Finland has received applications from third country nationals, who already have a subsidiary protection status in other countries, especially in Malta. Finland cannot apply the Dublin Regulation (343/2003/EC) to these cases as the other country does not see the Regulation applicable and does not accept its responsibility. According to a recent decision from the Helsinki Administrative Court, these cases cannot be dismissed based on the fact that the applicant has been issued subsidiary protection in another country. FIS is required to examine whether the applicant qualifies as a refugee (Article 25 of the Council Directive 2005/85/EC).

7.2 Developments within the national perspective The Ministry of the Interior set up a project for the period of 5 January - 15 March 2011 to assess the current situation of legal aid provided to persons applying for international protection, taking into consideration the prevailing overlaps between legal aid pursuant to the Legal Aid Act (257/2002) and legal counselling arranged by reception centres based on government funding, which is not legally regulated. The final report of the project was published on 17 March 2011. In its report, the steering group recommends that the provision of legal counselling organised by reception centres should continue under the funding allocated to reception operations. A follow-up task is to determine whether there is a need for legal provisions to govern legal counselling, and if so, what Act those provisions would be contained in. The working group states that it is necessary to consider alternative methods for arranging counselling. The service procurement process must be made clearer and counselling services must be organised pursuant to the Public Procurement Act. Counselling could primarily be arranged at reception centres that are used as transit centres.34

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The Finnish Immigration Service cut the accommodation capacity of reception centres for asylum seekers by approximately 550 beds in 2011. This was caused by the number of asylum seekers declining by nearly 40% from the previous year. Of the reduced capacity, 67 beds were in group homes and supported living units used to house unaccompanied minor asylum seekers. The supported living unit in Rovaniemi with 20 beds was closed down in September 2011. There are further plans to close down a supported living unit with capacity for 21 and a group home with capacity for 14, both in the Laajakoski district of Kotka. The reception unit of the Finnish Immigration Service, which is in charge of the reception of asylum seekers, closely monitors the number and profiles of applicants in Finland and the other Nordic countries. The unit also keeps a close eye on societal development in Northern Africa and its potential impacts on the number of refugees leaving the area and eventually entering Finland. If necessary, the accommodation capacity of reception centres can be rapidly increased. For instance, the Oulu reception centre maintains the ability to increase the accommodation capacity for unaccompanied minor asylum seekers in response to demand. The following legislation related to asylum and international protection issues has been adopted in 2011: a) Amendments to the legislation concerning reception of persons seeking international protection In the summer 2011 there was an amendment of the act on integration and reception of persons seeking international protection. After the amendment EU-citizens seeking international protection can no longer receive reception services after they have received a negative decision made by FIS to their application on international protection. New Act on reception of a person seeking international protection came into force on 1st September 2011. The purpose of the Act is to ensure support and care for 1) asylum seekers and 2) beneficiaries of temporary protection in the context of a mass influx. The further purpose of the Act is to assist victims of trafficking in human beings. The Act was separated from the Act on the Integration of Immigrants, but the content and the purpose of the Act was not changed very much. Services included to the reception are accommodation, social assistance, social services, healthcare services, interpretation services, work and study activities and economic assistance. Accommodation shall be organised so that families can stay together. Special needs due to the age, vulnerability and physical and mental condition of asylum seekers shall be taken into account in organising accommodation and in arranging their reception in general. The best interests of children shall be taken into account in reception. The economic support for asylum seekers is now separated from the general social assistance. The economic support consists of

34 For more on the working group’s recommendations, see Ministry of the Interior publications 12/2011: Legal counselling and legal aid provided to persons seeking international protection.

accommodation supplements and monetary allowance which is smaller than general social assistance. Economic support for separated children has been improved so that they can get meals, clothes and little cash and other every day supplements in the group home where they are accommodated. FIS is responsible for the practical coordination, planning and monitoring of the reception of asylum seekers and assisting the victims of trafficking in human beings. b) Reimbursement of travel expenses for aliens who were chosen as quota refugees and their family members, or family members of aliens who have been granted a residence permit on grounds of international protection The Act on promoting the integration of immigrants (1386/2010) came into force on 1st September 2011. Section 86 of the Act, which regulates the reimbursement of travel expenses for quota refugees and some other aliens, came into force already on 1st January 2011. The Act on promoting integration of immigrants is supposed to support and promote the integration and the immigrants’ participation in the Finnish society. The scope of the law is wider than before as it concerns all immigrants living in Finland. Range of immigrants allowed to different integration measures are defined in the law. Also the services available for promoting the integration of immigrants in the early stage of the integration are regulated in the law, as well as the general goals in the local level and the integration programme of the state. The law contains also regulations on the states compensation to the municipalities concerning the locating of aliens who have been issued international protection. As mentioned earlier, section 86 of the Act regulates the reimbursement of travel expenses for quota refugees and some other aliens. The amendment of the regulation made the possibility of FIS to compensate the travel expenses of family members of aliens who have been issued a residence permit more limited. According to Section 86, FIS compensates the travel expenses for aliens whom Finland has accepted for resettlement within its refugee quota, as well as the travel expenses for their family members. In individual cases FIS can compensate also travel expenses of a family member of an alien who has been issued international protection, if it would be unreasonable not to compensate the expenses when taken into account a serious injury or illness or other exceptionally compelling reason which is comparable to them. c) Implementation of the council directive 2008/115/EY on common standards and procedures in Member States for returning illegally staying third-country nationals An amendment of the Aliens Act came into force on 1st April 2011, when a new section (147 a) concerning voluntary return was added into the Act. According to the amendment, a return decision shall provide for an appropriate period for voluntary departure of between seven and thirty days. The period for voluntary return is calculated from the moment the decision becomes enforceable. It is possible to extend the period

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for specific reasons. The period for voluntary departure will not be

provided, if the alien is immediately removed from the country in connection with the border crossing or if the removal from the

country is considered because of a criminal sanction. Furthermore, the period for voluntary return is not provided in case there is a danger for absconding, or if the person poses a danger for public order or public safety, or if the application for a residence permit has been refused because of evading the provisions on entry into the country, or when the application is left unprocessed or it is processed in accelerated procedure because of reasons regulated in Section 103 of the Aliens Act. The Finnish Immigration Service launched an Iraq country of origin system project that is partially funded by the European Return Fund. The project was set to continue until the end of 2011. The purpose of the project was to create the conditions for the sustainable, stable and safe return to their home country of Iraqis who have applied for international protection. The project aims to develop a system for acquiring current and comprehensive countryof-origin data on Iraq to assess the conditions for return. The project will also be made use of in assessing the opportunities to conclude a return cooperation agreement between Finland and Iraq concerning the practical arrangements and implementation of the return of Iraqis who have withdrawn their application for asylum, received a negative decision on their asylum or residence permit application or currently reside in Finland with a valid residence permit. As part of the project, an information-gathering trip was made to northern Iraq in summer 2011 and an Iraq seminar was organised. Changes in the practices (due to Court decisions) On 24.1.2011 FIS made a decision to stop returning asylum seekers to Greece for the time being on the basis of the Dublin Regulation (343/2003/EC). The decision was made after the ECtHR judgement in the case MSS v. Belgium and Greece. In January the Helsinki Administrative Court ruled that the Dublin Regulation (343/2003/EC) cannot be applied to a stateless person whose permanent country of residence is the MS responsible of asylum application. During the spring and summer 2011 the Helsinki Administrative Court has overruled several decisions of FIS on transferring single mothers with child/-ren back to Malta under the Dublin Regulation (343/2003/EC). According to the decisions there is serious risk that the applicants would be exposed to treatment violating human dignity due to reception conditions in Malta. On 18 March 2011, the Supreme Administrative Court issued a yearbook decision in case 228/1/10. The case concerned A, an Afghan citizen who had applied for international protection and a residence permit in Finland. The Finnish Immigration Service rejected the application and decided to refuse entry and have A returned to Afghanistan. A appealed the decision to the Helsinki Administrative Court, which dismissed the appeal with regard to asylum and secondary protection, but overturned the remainder of the Finnish Immigration Service’s decision and returned the matter for reprocessing. In its conclusions, the administrative court found that A was entitled to a residence permit under the grounds of humanitarian protection referred to in Section 88a of the Aliens Act. The Finnish Immigration Service petitioned the Supreme Administrative Court for leave to appeal. Leave was granted and the Supreme Administrative Court investigated the matter. In its judgment, the Supreme Administrative Court found that A’s home was in a region of Afghanistan that, according to current country information, was considered safe. However, the Supreme Administrative Court stated that in assessing secondary forms of international protection, due consideration must also be given to whether the returning person can safely reach the region in the country of origin that is deemed

to be safe. Road access to A’s home district was not considered safe and alternative transportation arrangements were not considered feasible for the asylum seeker. As A does not have the opportunity to seek protection within the country in an alternative municipality or district, the court found that A was entitled to a residence permit on the grounds of humanitarian protection under Section 88a of the Aliens Act. In 2011 Finland became a partner country in project Medcoi (= Medical Country of Origin Information), funded by the European Refugee Fund. The project started officially in September 2010. Project Medcoi is sharing of existing information and best practice, research on policies and jurisdiction in the EU and training of national authorities’ officials aimed at developing a common approach on the collection and usage of Medical COI in individual cases.

7.3 Developments from the EU perspective Basic and further training for officials in border control duties include how to treat persons under or requiring international protection. All Border Guard officials will receive or have received the necessary training during their basic and further training. In 2011, this meant training provided for all 115 border guards completing their basic and further training.

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8. Unaccompanied minors and other vulnerable groups 8.1 Specific context Unaccompanied minors as asylum seekers made the headlines in 2008 as the number of applicants rose from 165 applicants in 2007 to 706, an increase of over 400 percent. Several civic organisations expressed their concern over issues such as the reception, placement and legal protection of underage asylum seekers. In 2009 the number of applications was 557 and continued to decrease during 2010. By 31 December 2010 Finland had received 329 unaccompanied minors as asylum seekers. The number decreased in 2011 as by November 2011 Finland had received 141 unaccompanied asylum seekers.

8.2 Developments within the national perspective The Act on the reception of people applying for international protection came into force on 1 September 2011. Among others, the Act pays special attention to the best interest of the child and to circumstances related to the child’s development and health. According to the Government Programme, the detention of unaccompanied minor asylum seekers will be prohibited. The Programme also states that each child covered by reception activities has a right to go to school.

8.3 Developments from the EU perspective No particular measures to be reported.

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9. Global approach to migration 9.1 Specific context Finland’s policies and activities of development cooperation contribute to solidarity building for different actors at regional, national, sub national, local, institutional and individual levels in all of the areas mentioned, for example in nutrition and food security, vocational training, decent em-ployment and economically sustainable development etc. Finland also takes actively part in global migration and development forums such as the GFMD; in addition, following of international discussion on the subject.

9.2 Developments within the national perspective Cooperation with the countries of origin and transit focuses, as per the risk analysis, on directions where the pressures for irregular migration are greatest. Positive and close cooperation with border control authorities in neighbouring countries constitutes a good basis for cooperation, and there are existing cooperation agreements or memoranda in place for this. This cooperation enables analysis of irregular migration threats together with border control authorities in other countries, and modes of cooperation can be agreed on and the communications required for practical operations established. Cooperation with principal countries of origin depends mainly on the liaison officers stationed there. Liaison officers may be stationed in countries of origin and transit permanently, on a part-time basis or for a fixed term in case of a sudden surge of irregular migration, as was done in late 2009 and in 2010 due to an increase in irregular migration from Istanbul airport in Turkey. Finland has continued to participate in a border security training project in Kazakhstan in Central Asia and has launched a Twinning project in Turkey.

9.3 Developments from the EU perspective The Ministry of Foreign Affairs supports with development cooperation funds larger projects in the field of migration and development in Somalia, Afghanistan, Egypt, Yemen, Nigeria and some other countries either through international organisations (such as IOM or UNDP) or through bilateral funding between governments. Additionally, small projects initiated and organised by diaspora are supported (for example in 2010 12 projects of Somali diaspora in Finland towards Somalia were funded in the field of health, education, social development etc.). Further to this, numerous other NGO projects in the field of migration and development are supported in many developing countries, including through supporting Finnish NGOs projects in developing countries and through local cooperation funds directed to local NGOs work in a developing country.

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The Finnish Ministry for Foreign Affairs supports with development cooperation funds projects in the field of migration and development in Somalia, Afghanistan, Egypt, Yemen, Nigeria and some other countries either through international organisations (such as IOM or UNDP) or through bilateral funding between governments. Additionally, small projects initiated and organised by diaspora are supported (for example in 2010 12 projects of Somali diaspora in Finland towards Somalia were funded in the field of health, education, social development etc.). Further to this, numerous other NGO projects in the field of migration and development are supported in many developing countries, including through supporting Finnish NGOs projects in developing countries and through local cooperation funds directed to local NGOs work in a developing country.

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10. Implementation of eu legislation 10.1 Transposition of EU legislation 2011 Council Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified l Transposition required by 19 June 2011 l Status: Delayed, Government Bill proposed before the parliament 30.9.2011. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals l Transposition required by: 20 July 2011 l Status: Government proposal currently being prepared, expected to be issued in

December 2011 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals l Transposition required by: 24 December 2010 l Status: Transposed through Aliens Act. Llaw amendments came into force on 1

April 2011

10.2 Experiences, debates in the (non-) implementation of EU legislation The Government proposal on the Employers’ Sanctions Directive is still in its preparatory stages at the time of writing this report. Trade unions have expressed their concern over Finland implementing the Directive at the minimum level of requirements rather than adopting stricter regulations on e.g. monitoring subcontractor chains. According to the trade unions, the Directive’s most significant contribution to Finnish legislation is increased contractor’s liability. The main problem perceived by the unions in the implementation of the Directive concerns the legal protection of the individual. The working group responsible for the preparation of the Directive’s implementation has stated that individuals are already able to pursue their rights at a level that corresponds to the minimum requirement stated in the Directive, but the trade unions disagree. The trade unions have also voiced their concerns about the Finnish implementation process not taking the national context sufficiently into consideration before settling on the minimum level of implementation. The ability of trade unions and individual employees to pursue their rights in Finland is significantly restricted by cost considerations. For instance, a business being issued a prohibition of transfer while an employee pursues wage receivables is subject to a counter-guarantee, meaning that the claimant must agree to pay the counterparty’s legal fees in disputes that are not settled in the claimant’s favour. In practice, this excludes

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claimants of limited financial means from the process. Trade unions have also proposed that illegal workers’ wage receivables be paid out of the state’s salary security system. The proposal has not been implemented, despite the fact that wage expenses are bound to keep growing if Finnish employers fail to comply with labour law. An individual employee’s opportunities to successfully pursue a claim are also limited, as trade unions with limited resources tend to focus on larger class actions instead of individual cases of employer infringements. Trade unions are trying to pay more attention to this matter by providing more training on identifying irregular labour. The unions also highlight the importance of union representatives taking an active role in identifying clandestine workers.

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References Act on Cooperation between the Police, Customs and the Border Guard (687/2009) Assessment of the implementation of the plan of action against trafficking in human beings and recommendations for the development of legislation and actions concerning human trafficking. Ministry of the Interior publications 17/2011 http://www.ihmiskauppa. fi/files/50/Arviointiraportti.pdf European Migration Network: Practical Measures for Reducing Irregular Migration. Finland 2011. http://www.emn.fi/files/533/Practical_Measures_for_Reducing_Irregular_ Migration_Finland_FINAL_EN.pdf European Migration Network: Annual Policy Report 2010 Finnish Immigration Service Immigration Unit: Statistical Report 29 November 2011 http://www.migri.fi/download.asp?id=Tilastokatsaus%5Foleskeluluvat%5F1%2F2011;21 83;{ACC6DFAD-48DF-4623-99CC-B71FF5D622A4} Finnish Immigration Service press release 20.12.2011. http://www.migri.fi/netcomm/content.asp?article=4425&path=8,2709,2740,2485,2876& language=EN Government Decree on Cooperation between the Police, Customs and the Border Guard (1126/2009). Helsingin sanomat 12.11.2011. http://www.hs.fi/kotimaa/Timo+Soini+leimaa+HSn+rasismigallupin+tarkoitushakuiseksi/ a1305549219906 Helsingin sanomat 3.11.2011. http://www.hs.fi/kotimaa/Supo+suhtautuu+%C3%A4%C3%A4rioikeistoon+vakavasti+m uttei+pid%C3%A4+sit%C3%A4+uhkana/a1305548596749 Immigrant Parliament of Finland http://www.ipf.fi/ipf/ Jobs that no-one wants campaign (Victims of human trafficking) http://king.fi/site/mita-teemme/tyonaytteet/tyoe-jota-kukaan-ei-haluaisi-tehdae/?type= Ministry of Employment and the Economy Employment Bulletin, October 2011. http:// www.tem.fi/files/31245/LOKA11.pdf Ministry of Employment and the Economy short-term labour market forecast, autumn 2011. http://www.tem.fi/files/31055/Ennuste_syksy_2011.pdf Ministry of the Interior press release 1.12.2011: http://www.intermin.fi/intermin/bulletin. nsf/PFBD/45EF3791EE2D570FC2257959004B305B Ministry of the Interior press release 11.11.2011. http://www.intermin.fi/intermin/bulletin.nsf/PFBD/E848EADF9889C3A9C2257945003EF 0D2?opendocument Ministry of the Interior press release 15.11.2011.

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http://www.intermin.fi/intermin/bulletin.nsf/PFBD/A672188C041EA3AAC2257949003CE 537?opendocument Ministry of the Interior press release 5.12.2011 : http://www.intermin.fi/intermin/bulletin. nsf/PFBD/DA92E25BF97ED81CC225795D0028877F Ministry of the Interior publications 12/2011: Legal counselling and legal aid provided to persons seeking international protection. Ministry of the Interior publications 13/2011 http://www.intermin.fi/intermin/biblio.nsf/726 D02F144273F98C22578B200246760/$file/132011.pdf Ministry of the Interior publications 6/2011 http://www.intermin.fi/intermin/biblio.nsf/C012 17D5C24B6922C22578C50027BA51/$file/062011.pdf OSCE election report 21 July 2011 http://www.vaalit.fi/55989.htm Pekka Rantanen and Jarno Valkonen: Foreign forest berry pickers in Finland. http://formin.finland.fi/public/default.aspx?contentid=236530&nodeid=15699&contentlan =1&culture=fi-FI Pentti Kangasniemi in Haaste 3/2011. http://www.haaste.om.fi/Etusivu/Lehtiarkisto/Haasteet2011/ Haaste32011/1302673768676 Refugee Advice Centre press release 13.4.2011 http://www.pakolaisneuvonta.fi/index_html?cid=359&lang=suo Report by the steering group for the revised plan of action against trafficking in human beings 6.4.2011. Report by the steering group for the system of assisting victims of human trafficking 6.4.2011. OECD SOPEMI International Migration Outlook 2010/2011. Arja Saarto, minitsry of the Interior Finland. Together We Can campaign website http://www.meistaonmoneksi.fi/etusivu

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European Migration Network Finnish Immigration Service Panimokatu 2a FI-00580 HELSINKI, Finland + 358 71 873 0431 [email protected] www.emn.fi www.emn.europa.eu ISBN 978-952-5920-12-3 (PDF)

The EMN has been established by Council Decision 2008/381/ EC and is financially supported by the European Commission. The objective of the EMN is to meet the information needs of Community institutions and of Member States’ authorities and institutions by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The EMN also serves to provide the general public with such information.