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Aliens Act

(301/2004, amendments up to 1152/2010 included)

 

Chapter 1 General provisions 

Section 3

Definitions

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22) trafficking in human beings means the trafficking and aggravated trafficking in human beings referred to in chapter 25, section 3 and 3a of the Penal Code (39/1889); (619/2006)

23) victim of trafficking in human beings means an alien who, on reasonable grounds, can be suspected of having become a victim of trafficking in human beings. (619/2006)

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Residence, movement and transit

Section 40

Right of residence

(1) Under this Act, legal residence means:

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7) residence of a victim of trafficking in human beings during the reflection period referred to in section 52b. (619/2006)

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Section 52a (619/2006)

Issuing a residence permit for a victim of trafficking in human beings

(1) A victim of trafficking in human beings staying in Finland is issued with a temporary residence permit if:

    1) the residence of the victim of trafficking in human beings in Finland is justified on account of the pre-trial investigation or court proceedings concerning trafficking in human beings;

    2) the victim of trafficking in human beings is prepared to cooperate with the authorities so that those suspected of trafficking in human beings can be caught; and

   3) the victim of trafficking in human beings no longer has any ties with those suspected of trafficking in human beings.

(2) If the victim of trafficking in human beings is in a particularly vulnerable position, the residence permit may be issued on a continuous basis regardless of whether the requirements laid down in subsection 1(1) and (2) are met.

(3) Issuing the residence permit is not conditional on the alien having secure means of support.

(4) If a victim of trafficking in human beings is issued with a temporary residence permit, his or her family members staying abroad are not issued with a residence permit on the basis of family ties. If he or she is issued with a continuous residence permit, family members are issued with a residence permit under section 47(3).

Section 52b (619/2006)

Reflection period for a victim of trafficking in human beings

(1) Before issuing a residence permit laid down in section 52a, a reflection period of at least thirty days and a maximum of six months may be granted to a victim of trafficking in human beings.

(2) During the reflection period, a victim of trafficking in human beings must decide whether he or she will cooperate with the authorities referred to in section 52a(1)(2).

(3) The reflection period may be suspended if the victim of trafficking in human beings has voluntarily and on his or her own initiative re-established relations with those suspected of trafficking in human beings or if this is necessary on the grounds mentioned in section 36(1).

Section 52c (619/2006)

Deciding on the reflection period

(1) The District Police or a border control authority shall decide on granting and suspending the reflection period.

(2) The victim of trafficking in human beings is notified of the reflection period and its suspension in writing. The notification must give the purpose, start date and duration of the reflection period, make clear that the reflection period may be suspended, and give the grounds for suspending the reflection period.

Section 53

Validity of first fixed-term residence permits

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(6) A victim of trafficking in human beings is issued with a residence permit for at least six months and for a maximum of one year. (619/2006)

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Section 54 (34/2006)

Issuing extended permits

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(5) An alien who has been issued with a temporary residence permit under section 51 because he or she cannot be removed from the country and a victim of trafficking in human beings who has been issued with a temporary residence permit are issued with a continuous residence permit after a continuous residence of two years in the country if the circumstances on the basis of which the alien was issued with the previous fixed-term permit are still valid.

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