Family Ties Residence Permit Withdrawal in Finland: Divorce, Separation, Children and Domestic Violence
A divorce or separation can affect a Finnish residence permit that was granted because of a spouse or partner, but ending a relationship does not automatically cancel the permit on the same day. Migri must determine whether the family tie supporting the permit has actually ended and whether withdrawal is justified after considering the person's individual circumstances.
If you hold a fixed-term residence permit because of your spouse or partner and that relationship ends, Migri may have a legal basis to consider withdrawing the permit. That does not mean withdrawal is automatic. Finnish law requires an individual assessment, and factors such as children, the reason the relationship ended, your ties to Finland, the length of your residence and possible new residence grounds can materially change the result.
When can Migri withdraw a residence permit based on family ties?
Section 58 of the Aliens Act allows Migri to withdraw a fixed-term residence permit if the conditions on which the permit was granted did not exist or no longer exist.
If the permit was granted because you were living family life with a spouse or partner, the end of that family relationship can therefore create a legal basis for Migri to consider withdrawal.
Migri itself gives a broken family tie as an example of a situation where a fixed-term residence permit may be withdrawn.
Your former spouse does not cancel your residence permit. A spouse or partner can tell Migri that the relationship has ended, and official registers may also show changes in address or marital status. The legal decision to withdraw the permit belongs to Migri.
Does Migri have to wait until the divorce is final?
No.
The decisive issue is not simply whether a Finnish court has issued the final divorce decree. The issue is whether the family life on which the residence permit was based still genuinely exists.
Migri's current family reunification guidance states that family ties can be regarded as broken when family members have lived apart for a sufficiently long time and that, usually, family ties are considered broken when the family members move to separate homes.
That means a residence permit issue can arise during separation, before the divorce itself becomes final.
Living at different addresses is important, but context still matters
Separate addresses can be strong evidence that shared family life has ended, but not every period of living apart means the same thing.
For example, spouses may temporarily live apart because of:
- employment in another city or country;
- studies;
- health circumstances;
- housing problems;
- temporary family responsibilities;
- safety arrangements; or
- another genuine reason while continuing their family relationship.
If Migri assumes that separate addresses mean the relationship ended, the response should explain the actual circumstances and provide evidence where the relationship has in fact continued.
A broken family tie does not end the legal analysis
This is where family-ties withdrawal cases differ from a simple yes or no question about whether the couple is still together.
Section 66a of the Aliens Act expressly applies when Migri considers withdrawing a residence permit that was granted on the basis of family ties.
Migri must take into account matters including:
This can include relationships with children and other family circumstances that continue even though the relationship with the original sponsor has ended.
A person who has built a substantial life in Finland may be in a materially different position from someone who arrived very recently.
Migri must examine the real circumstances rather than simply assuming that return would place everyone in the same position.
Section 5 of the Aliens Act also requires that a foreign national's rights are not restricted more than is necessary.
What if you have children in Finland after separation or divorce?
Children can materially change both the withdrawal assessment and the question of whether another residence ground exists.
Under section 6 of the Aliens Act, decisions concerning a child under 18 must give particular attention to the child's best interests and to matters relating to the child's development and health.
Relevant facts can include:
- who has legal custody of the child;
- where the child actually lives;
- how much time the child spends with each parent;
- the practical caregiving relationship;
- school or daycare in Finland;
- the child's health and support needs;
- the child's relationship with both parents;
- whether contact could realistically continue from abroad; and
- the child's wider integration and circumstances in Finland.
Having a child does not automatically preserve a spouse-based permit. The correct question may instead become whether you have an independent family tie to the child that supports a separate residence permit.
Can you change from a spouse-based permit to a permit based on your child?
Potentially yes, if you meet the requirements for that family-ties permit.
A parent or guardian of a child under 18 can in appropriate circumstances have a separate family-based residence ground.
Custody and actual family life matter. Biological parenthood by itself should not be treated as a substitute for examining the real legal and caregiving relationship with the child.
There is also a current procedural point. If your previous permit was based on one family relationship and you apply for an extended permit based on a different family relationship, Migri states that the family reunification provisions amended on 16 June 2025 apply to the new basis.
What if the relationship ended because of domestic violence or abuse?
This is not simply another divorce case.
Section 54 of the Aliens Act contains a specific route for a person who previously held a temporary or continuous residence permit based on family ties after that family relationship ends.
A residence permit can be granted where:
- the person has close ties to Finland; or
- the person's situation is particularly difficult because the spouse subjected the person or the person's child to violence or abuse during the family relationship and refusing the permit would be unreasonable in the circumstances.
Migri has a specific application route for an extended permit where a family-ties relationship ended because of domestic violence.
Migri currently states that an extended permit on the basis of domestic violence can be granted for one year.
Migri currently requires EUR 1,000 per month, or EUR 12,000 for a full year, although an exception may be made in an individual case where there are serious grounds.
Migri specifically mentions evidence such as a statement from a shelter. Depending on the case, medical records, social services records, police material and other reliable documentation can also be relevant.
If this residence permit is granted, Migri states that the holder has an unrestricted right to work.
Do you need a criminal conviction to prove domestic violence?
No.
The Supreme Administrative Court has expressly stated that evidence of violence or abuse does not necessarily require a criminal conviction or a restraining order.
Detailed information from social authorities or other evidence that can be regarded as reliable may be sufficient.
This is particularly important where a victim did not report the violence to the police while the relationship was ongoing.
Did your family relationship end while your permit is still valid?
The correct strategy depends on much more than the divorce date. Legally.fi can assess whether Migri has grounds to withdraw the existing permit, whether section 66a factors support keeping it, whether children or domestic violence change the analysis and whether another residence permit should be filed immediately.
Can you remain in Finland on another ground after the relationship ends?
Possibly.
The end of the original family tie does not prevent a person from qualifying for another residence permit.
Depending on the circumstances, another ground may include:
- employment;
- entrepreneurship;
- studies;
- a separate family tie to a child;
- a different qualifying family relationship;
- close ties to Finland;
- domestic violence or abuse after the end of the family relationship; or
- another statutory residence ground.
Migri specifically advises a person who is separating from a spouse to apply for another residence permit once grounds for that new permit exist. It does not advise waiting for the divorce to become final before acting.
A person can also have more than one possible residence ground. Migri states that several residence permit applications on different grounds may be submitted if the person meets the relevant requirements.
Employment can become especially important after separation
A family-ties residence permit generally gives an unrestricted right to work. If the relationship ends and you already have qualifying employment, that employment may support a separate work-based residence permit.
Do not assume, however, that simply having a job automatically converts the existing family permit into a work permit. The new residence ground must be assessed and the appropriate application must be submitted where required.
See the separate guide on work-based residence permit withdrawal, employment changes and protection periods.
Close ties to Finland after the relationship ends
Section 54 also allows a residence permit after family ties end where the person has close ties to Finland.
This is not a mechanical rule based on one year, one job or one certificate.
Potentially relevant evidence can include:
- length and continuity of residence in Finland;
- employment history;
- studies completed or in progress;
- Finnish or Swedish language skills;
- children and their circumstances;
- other close family relationships in Finland;
- social integration;
- housing and established daily life; and
- the strength or weakness of ties to the country of origin.
The weight of those facts depends on the individual case.
What if you already have a permanent residence permit?
This distinction is extremely important.
The rule in section 58 allowing withdrawal because the original permit conditions no longer exist applies to a fixed-term residence permit.
A permanent residence permit is therefore not withdrawn merely because the marriage or partnership that originally supported residence later ends.
Permanent permits can still be withdrawn on other statutory grounds, such as certain situations involving knowingly false information, permanent relocation abroad or other grounds specifically provided by law.
If your card says P, do not analyse your situation as though you still hold an A or B family permit. The withdrawal rules are materially different.
What happens if your spouse dies?
The death of a spouse also ends the original family relationship, but Migri does not treat it exactly like an ordinary separation.
Migri currently states that:
- if you hold a permanent residence permit, it will not be cancelled because your spouse died; and
- if you hold a fixed-term A or B permit based on family ties, Migri uses discretion when deciding whether the permit should be withdrawn.
Other grounds for remaining in Finland, such as employment or close ties, can also be relevant.
Not every family-ties withdrawal case is about divorce
A family residence permit can also face withdrawal where Migri concludes that the required family basis never genuinely existed or that materially false information was knowingly provided when the permit was obtained.
Possible issues can include allegations that:
- the relationship was formed only to obtain a residence permit;
- the couple did not genuinely intend to live family life together;
- important information about another marriage or family relationship was concealed;
- documents relating to the family relationship were false or misleading; or
- information that could have prevented the permit from being granted was deliberately withheld.
These cases are legally different from a genuine marriage that later breaks down.
If Migri is alleging false information, the response must deal with the circumstances at the time the permit was originally granted, not only the person's situation today.
What happens if Migri starts considering withdrawal?
Migri must give the permit holder an opportunity to address the possible withdrawal before making the decision.
Actual Migri withdrawal letters reviewed by Legally.fi use the heading Plea request and call the written statement submitted by the customer a response.
Although the precise questions depend on the permit and case, the response should normally deal with:
- whether the alleged family tie has actually ended;
- when and why the circumstances changed;
- children and custody arrangements;
- the reason for separation;
- domestic violence or abuse where relevant;
- your length of residence and ties to Finland;
- your ties to your country of origin;
- employment, studies and other established life in Finland;
- another possible residence permit ground;
- your position on possible deportation and an entry ban; and
- documents supporting the factual explanation.
The real Migri plea requests reviewed by Legally.fi also confirm that a person may use counsel when submitting the response and that Migri can decide the matter even if no response is submitted.
What evidence can matter after separation?
Depending on the case, useful evidence may include:
- custody and visitation agreements;
- evidence showing actual contact with children;
- school, daycare or healthcare records where relevant;
- employment contracts and income information;
- study records;
- housing records;
- evidence of language studies and integration;
- statements from shelters or social services;
- medical records;
- police records where they exist;
- evidence showing when and why the relationship ended; and
- evidence concerning another residence permit application.
KHO 2023:107: why Migri cannot treat every separation mechanically
KHO 2023:107 concerned a residence permit based on a spouse relationship that had ended. The permit holder stated that the relationship had ended because of physical and psychological violence by the spouse.
The Supreme Administrative Court accepted that the legal condition allowing withdrawal existed because the family tie had ended.
But that was not the end of the analysis.
The Court held that the rules allowing a residence permit after the end of family ties because of domestic violence or close ties to Finland were functionally connected with the withdrawal assessment and had to be taken into account when Migri considered withdrawing the existing permit.
The Court considered the evidence about the reason the relationship ended, the person's overall circumstances in Finland and the circumstances of the children. It concluded that Migri should not have withdrawn the residence permit when it made its decision.
A police report is not the only possible evidence
Another important part of KHO 2023:107 is the Court's treatment of evidence.
The person had not filed a criminal report concerning the alleged violence.
The Supreme Administrative Court nevertheless stated that proving violence or abuse does not necessarily require a criminal conviction or a restraining order. Specific information from social authorities or other reliable evidence can also be sufficient.
The Court considered shelter, psychologist, psychotherapy and social work material together with the person's consistent account of what had happened.
Family-ties residence permits in Finland are a major permit category
Family ties were the most common basis for residence permits granted in Finland in 2025.
In the first four months of 2026, Migri received 5,772 first family-member applications, which was 23 percent fewer than during the same period in 2025.
Those application statistics do not predict the outcome of a withdrawal case. Withdrawal is a separate assessment based on the existing permit and the person's current circumstances.
This article does not cover EU family-member residence cards
If you are a non-EU citizen residing in Finland with a residence card as the family member of an EU citizen, different rules apply after divorce.
EU free movement law contains specific rules under which a non-EU family member may retain residence rights after divorce, including situations involving the duration of the marriage, custody of children, rights of access and particularly difficult circumstances such as domestic violence.
Do not apply the ordinary family-ties permit rules in this article to an EU residence card or Brexit status.
See Legally.fi's EU and EEA family residence service for that category.
Continue with the Residence Permit Withdrawal series
Separation does not mean you should wait for Migri to decide your future
If your family-ties residence permit is at risk, the strongest strategy may involve defending the existing permit, applying on another residence ground, documenting your relationship with your children, presenting evidence of close ties to Finland or dealing properly with domestic violence evidence before Migri makes a withdrawal decision.
Sources and legal basis
- Aliens Act 301/2004, especially sections 5, 6, 54, 58 and 66a
- Migri: Withdrawal of residence permits
- Migri: Separation, divorce and changes in circumstances
- Migri: Family reunification and broken family ties
- Migri: Extended permit after domestic violence
- Migri: Extended family-ties permits and changed family grounds
- Supreme Administrative Court: KHO 2023:107
- Migri: Immigration statistics 2025
General legal information checked against legislation and authority material available on 18 August 2026. Individual cases depend on the residence permit, family circumstances, evidence and any other available grounds for residence.