Resorting to social assistance cannot automatically lead to losing your residence permit

The Student Union of the University of the Arts Helsinki issued a statement on the Finnish government's proposal to amend the legislation related to residence permits for students from outside the EU/EEA. In the Finnish Government's proposal, resorting to social assistance could directly cause the revocation of a residence permit or the refusal to grant a new permit. Uniarts Helsinki also submitted its own statement. More information about the proposal and all submitted statements can be found (only in Finnish) here.

The Student Union of the University of the Arts Helsinki (ArtSU) opposes the Government's proposal, according to which an international student would lose their residence permit or would not be granted an extension if they or one of their family members who moved to the country with them had to resort to social assistance. At present, a residence permit may already be revoked, or a new one may not be granted if the student has resorted to social assistance and the conditions for a residence permit are thus not met. However, cancelling or refusing a permit should not be the default in the future either, as the ministry is now proposing. 

The background memorandum to the government proposal highlights how only a small number of international students have had to resort to social assistance during the review period. In TaiYo's opinion, this legislative amendment is an oversized measure in relation to this. The background memorandum to the bill mentions that the legislative amendment would not have significant financial impacts, nor would it have significant effects on the total amount of social assistance granted. However, according to the memorandum, the implementation of the legislative amendment in the manner proposed in the Government Programme would require the construction of a new data transfer interface. It would therefore not be possible to implement it in a cost-neutral manner. The use of social assistance by international students with a residence permit has been a rather marginal phenomenon during the monitoring period. For this reason, the creation of a new data transfer interface, especially only related to residence permits for students, will not actually reduce costs.  

The Student Union of the University of the Arts Helsinki considers that the assessment of the impact of the legislative amendment is inadequate. According to the proposal, the legislative amendment would only have a clarifying effect and improve the legal status of international students and the predictability of decisions. However, this does not consider the effects on the well-being of international students at all: the knowledge that resorting to social assistance in unexpected exceptional situations would lead to the revocation of a residence permit would create uncertainty that weakens well-being. Worries about coping and their own future put a strain on students and can affect the progress of their studies. 

The Student Union of the University of the Arts Helsinki also expresses its concern about how the Government will ensure that the right of international students to necessary subsistence and care, as defined in the Constitution of Finland, would be realized as a result of the legislative amendment, if resorting to social assistance would automatically lead to the loss of their residence permit in the future. 

The background memorandum to the legislative amendment considers that an indirect consequence of the proposal may also be that social assistance is not applied for even if there is a special need for it. The Student Union of the University of the Arts Helsinki opposes the legislative amendment because it could drive an international student and their possible family members into a situation where they would have to choose, for example, between vital care or other basic needs, or deportation from the country. Many international students coming to Finland, as well as often their families, other loved ones and communities, have made significant sacrifices and financial investments to make studying in Finland possible. The fact that a sudden setback could cause studies to be interrupted and practically erase all the hard work is, in our opinion, inhumane.  

The Student Union of the University of the Arts Helsinki considers that instead of amending the law, the ministry could more strongly guide educational institutions and other parties communicating about education in Finland to ensure that international students applying to Finland are aware of the income obligations of a residence permit and of the realistic situation and possible challenges of earning a living in Finland while studying. It would have been good to map out the reasons that have led to the use of social assistance, so that it would be easier to assess which measures would actually lead to the desired results. 

Finland needs international talent, and the government's several tightening measures on immigration have already damaged Finland's reputation, attractiveness and retention. The Government's changes make moving to Finland unreasonably uncertain and risky. The legislative amendment would increase international students' constant concern about unexpected adversities and their consequences, weakening the well-being of international students and their security against exploitation.