The Aliens Act was amended – impacts on the status of trafficking victims

Earlier this spring, the Finnish Parliament approved the Government Proposal HE 143/2024 vp, which includes amendments to the Aliens Act. The changes came into force on 6 May 2025. The amendment also affects the status of victims of human trafficking.

Under the amended Aliens Act, an applicant must be residing legally in Finland at the time of submitting a residence permit application in order to be legally present in the country during the processing of the application.

If a trafficking victim submits, for example, a residence permit application for a victim of human trafficking while residing in the country without legal residence status, their stay will no longer be considered legal during the processing of the application.

Legal residence includes staying in Finland with a residence permit, with a visa, or visa-free. In addition, staying in the country during the reflection period granted to a victim of human trafficking is also considered legal.

The Assistance System for Victims of Human Trafficking (the NAS) can grant a reflection period to a victim who is staying in Finland without legal residence status, when the person is accepted as a client of the NAS. A reflection period can also be granted by the police or border authorities.

“The significance of the reflection period is even greater now for victims of human trafficking who are without legal residence status. A person’s stay in the country is legal during the processing of their residence permit application if the application is submitted while the reflection period is in effect — but not if no reflection period has been granted and no other legal basis for residence exists,” says Deputy Director Katri Lyijynen from the NAS.

The NAS provides guidance and advice to stakeholders who encounter a potential victim of human trafficking without legal residence status in Finland.

More information on the reflection period: Trafficking victims’ right of residence – Ihmiskauppa