an alien has been found in possession of several travel documents with different identities.137 During the
citizenship determination procedure, detention on this and other grounds is not excluded.
3.4.1.2 EXPULSION
As the purpose of the determination of citizenship status procedure according to the law is linked to inter
alia the existence of Finnish nationality and a person’s right to remain in the country, it logically follows
that at the very minimum, a person illegally residing in Finland has the right to stay in the country pending
the procedure. Also in practice, there are no known cases of deportation pending the determination of
citizenship status procedure.138
Nonetheless, there is one case of a family who was deported and it was only later discovered that a child of
the family who was born in Finland had acquired Finnish nationality at birth in accordance with Section 9 of
the Nationality Act. The citizenship status of the child had not been determined prior to deportation. Since
this case, guidelines have been issued to the effect that when a decision on return and removal from the
country is being made, it has to be noted whether the citizenship status of a child who was born in Finland
has been determined, in order to check if the child has possibly acquired Finnish nationality. According to
the guidelines, removal from the country cannot be implemented before the citizenship status has been
determined for the child in this kind of situations.139
3.4.1.3 PUBLIC RELIEF AND SOCIAL SECURITY
The rights of immigrants to social security in Finland depend on their residence status. As long as an
immigrant is legally in the country, he or she has some rights to public relief. If a stateless person does
not yet have a residence permit, she or he is in most cases an asylum-seeker in Finland. Basic services, such
as accommodation, reception money (which should guarantee necessary income for a life in dignity if the
person does not have any other income and some social services) and urgent health care140 are guaranteed
for asylum-seekers as well as for rejected asylum-seekers until they leave the country.141 There are no specific
public relief and social security related rights granted to persons pending the determination of citizenship
status procedure.
3.4.1.4 OTHER RIGHTS GUARANTEED
An asylum-seeker has the right to work after three months from lodging of the asylum application if she or
he has a valid travel document and if she or he does not have a valid travel document, after six months from
lodging the asylum application, in accordance with Section 81 of the Aliens Act.
The Finnish Constitution, Section 16, guarantees the right to education for everyone. However, the obligation
to participate in basic education and the responsibility of the municipalities to organize basic education only
covers those who reside in Finland permanently, in accordance with the Act on Basic Education.142 As asylumseekers are not considered to reside in Finland permanently, they are not covered by this legal obligation.
In practice however, according to the travaux préparatoires in the Government Bill of the Act on Reception
of Persons Seeking International Protection, it appears that most asylum seeking children are able to access
38
137
Government Bill, hallituksen esitys 28/2003, detailed justification of Section 121.
138
E-mail from Migri, 17 September 2011.
139
Ibid.
140
In accordance with the Act on Healthcare, Terveydenhuoltolaki 1326/2010, Section 50 and Act on Specialized Healthcare,
Erikoissairaanhoitolaki 1062/1989, Section 3. For children, the healthcare services are provided on a higher level, i.e. on the same
level as for those immigrants who have a home municipality in Finland, in accordance with Section 26 of the Act on Reception of
Persons Seeking International Protection, Laki kansainvälistäsuojelua hakevan vastaanotosta, 746/2011.
141
Act on Reception of Persons Seeking International Protection, Laki kansainvälistäsuojelua hakevan vastaanotosta, 746/2011.
142
Perusopetuslaki, 628/1998.
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