security of the State or public order, or if the main purpose of acquiring citizenship is to take advantage of
the benefit related to Finnish citizenship without aiming to settle in Finland, or if naturalization conflicts
with the best interests of the State for some other reason on the basis of an overall consideration of the
applicant’s situation.
Some exceptions can be made for children who are co-applicants for naturalizations in accordance with
Section 23. Exceptions from the general period of residence and the language skills requirement can be made
for co-applicants who are under 15 years old and at the time of the decision-making resident and domiciled in
Finland. For co-applicants over 15 years of age exceptions can be made from the general period of residence
requirement but only if the co-applicant has been permanently resident and domiciled in Finland for the last
four years without interruption or a total of six years since reaching the age of seven years, with the last two
years without interruption.
In some situations, which are regulated in Section 24, a child can be naturalized on her or his own; a child may
be granted Finnish citizenship on an application made by her or his guardian if the person who has made the
application is a Finnish citizen and the child lives with this person or there are other weighty reasons. In the
Government Bill, a reference is made to the best interests of the child.179 The same exceptions as for children
who are co-applicants can be made when a child is naturalized on her or his own.
The Nationality Act provides for expeditious processing of nationality applications of stateless persons in
line with Article 32 of the 1954 Convention. However, in practice, this is not realized, mainly due to queues in
processing naturalization applications.180
Article 32 of the 1954 Convention also encourages States to reduce the costs of nationality applications
for stateless persons. Finland has so far not chosen to implement lower fees for stateless persons; the
Government Bill of the Nationality Act makes a rather laconic reference to this by stating that stateless
persons cannot necessarily be assumed to be in a worse economic position than applicants generally.181
4.3.4.2 OTHER MODES
Finnish nationality can be acquired by declaration in a number of situations. According to Government Bill
of the Nationality Act, the declaration procedure is provided for persons who are considered to have the
right to Finnish nationality. These persons have a possibility to acquire Finnish citizenship in a simpler manner
than through naturalization by application. In the declaration procedure the authority does not have any
discretion: if the conditions laid down in the law are met, nationality is always granted. On the other hand, if
even one condition is not met, nationality cannot be granted by declaration. Each type of declaration has its
own specific conditions.182 Declaration procedure is generally open for stateless persons too as long as the
person meets the specific conditions.
Apart from the situations described in Section 9, when a child automatically acquires Finnish nationality at
birth through a Finnish father, acquisition of Finnish nationality through a Finnish father is also possible in
situations described in Section 26. Section 26 is a complementary provision to Section 9 and states that if
a person does not acquire Finnish nationality in accordance with Section 9, she or he can however acquire
Finnish nationality by declaration (as opposed to automatic acquisition in the situations described in Section
9) in two situations. Firstly, a person acquires Finnish nationality by declaration if her or his father was a
Finnish citizen when she or he was born, and she or he was born in Finland and paternity was established only
after he or she had reached the age of 18 years or married before that. Secondly, a person acquires Finnish
nationality if her or his father was a Finnish citizen when she or he was born, and she or he was born outside
179
Government Bill, hallituksen esitys 235/2002, detailed justification of Section 24 and 23.
180
Meeting with Migri, 1 August 2012.
181
Government Bill, hallituksen esitys 235/2002, detailed justifications of Section 20.
182
Government Bill, hallituksen esitys 235/2002.
UNHCR STOCKHOLM, NOVEMBER 2014
53
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