Pihla Maria Siim, Migration Institute of Finland: Challenges Faced by Mixed-Citizenship Couples: Navigating Understandings of Genuine Relationships and the Burden of Proof
Research tends to focus on direct subjects of immigration control. However, by defining what kind of intimate partnerships are acceptable, border regime influences also citizens who are in a relationship with a foreigner. This presentation focuses on transnational intimacies of couples where one is of Finnish nationality and the other one of foreign background with an insecure status in Finland.
I will investigate how the ways immigration authorities determine genuine relationship affect mixed-citizenship couples and their possibilities to live ‘normal’ family life. Immigration control recognizes intimate ties rather selectively, viewing mixed-citizenship couples categorically with wariness. The couples are left with the burden of proof to show that they have right kind of relationship, motivated by love. The conceptualisations of marriage and family life thus become part of bordering processes. Couples need to “do their families” in a right way, and represent their relationships as normal and respectable. In this process, it is of great importance not to cross the lines between different immigration categories and to master the right conventions of narration.
The analysis is based on interviews with couples and experts in immigration work. In addition, I analyse negative decisions (76) conducted by the Finnish Immigration Service in 2023 regarding mixed-citizenship couples’ application on residence permit based on their family ties.
This research is done in the framework of the INDEFI project (‘Intimate geographies of bordering: Deportability and its effects on Finnish citizens with foreign spouses and their extended families’, funded by the Research Council of Finland, 2021–2025).
Ella Alin, University of Helsinki: Real and imagined effects of the immigration system in transnational couples’ decision making
It is well recognized that immigration legislation and practice affect family relationships when one (or more) family member has a precarious legal status. Family members often need to make choices that affect their family life, such as deciding where to work and live, or when to marry or separate, according to the limitations instilled by the immigration system. In addition to the tangible ways in which immigration legislation affects the choices made in families, the ways the wider society perceives families where one or more members have, actually or in the outsiders’ imagination, precarious legal status, affects how such families are perceived by the society, and consequently, how they feel about their relationship and choices. For example, a couple’s motivations of being together, or deciding where to live, are often viewed through the lens of immigration, regardless of whether the couple themselves would grant the immigration system any role in their decision making. In my presentation, I draw from interviews I have conducted as part of my PhD research on interracial couple relationships in Finland to discuss some of the ways in which immigration legislation, and its impact as imagined by outsiders, affects family practices in transnational couples, as well as their sense of agency regarding these practices, which from the outside are often perceived through the frame of ‘immigration’.
Teele Jänes, University of Eastern Finland: Authenticity of the intimate – meeting points of personal belief and public administration
In the modern society religion is often considered to be private and mostly separated from the public sphere, in reality the meeting points between the two may appear in somewhat surprising places. One of the places where these two worlds (personal religion and public administration) meet is in the religion-based asylum proceedings.
Religion is one of the five grounds for granting asylum, according to the 1951 Refugee Convention. Current research argues for a practical need to understand and explain the decision-making processes and judgement arising from immigration officials determining the authenticity of an asylum claim based on religious affiliation. The question about the immigration authorities’ competence in religious matters and in evaluating the genuineness of personal beliefs and practices remains relevant, addressed by an ongoing academic discussion. This research joins the discussions regarding the meeting points of the personal, the intimate and the state, bringing new information from the Baltic region. In 2023-2024, in-depth interviews with the Baltic asylum authorities and other relevant stakeholders (courts, policymakers, religious organisations) were conducted as well as training-related focus-group discussions. The diversity of religion-based claims and overall unstable migratory situations challenge the asylum processes. By exploring the everyday reality of state officials in their legal and institutional environment, their perspectives, knowledge and preconceptions regarding religion in the context of asylum as well as collecting emerging training needs, the study aims to practically contribute to regional asylum training development.
Rashida Abbas, University of Lahore: Migration Control in Pakistan: Legal Challenges and Their Impact on Familial and Personal Relationships
Migration is a multifaceted phenomenon with profound social, economic, and legal ramifications on refugees personal and familial dynamics. This study offers a critical analysis of the legal framework governing migration in Pakistan, exploring domestic legislation, international conventions, and their implementation to assess the efficacy of Pakistan’s migration management approach, particularly in light of its non-signatory status to the 1951 Refugee Convention. Refugees in Pakistan are frequently categorized as illegal immigrants under the Foreigners Act, raising serious concerns regarding their protection and rights, as well as their impact on family structures and personal relationships with immigrant and wider social communities. Using policy document analysis, I examine Pakistan’s domestic laws, including the Emigration Ordinance, 1979, and the Foreigners Act, 1946, which predominantly regulate emigration rather than immigration. Moreover, how such reductionist laws hinder in regulating normal familial and social relationships nationally and transnationally. The study highlights the absence of comprehensive legislation addressing immigration, which presents significant challenges to effective migration management, with far-reaching consequences on family cohesion and the intimate relationships of those affected. Instances such as discrimination, arbitrary detention, and inadequate access to basic services underscore the gaps in the effectiveness of the existing legal framework, exacerbating the vulnerability of families and intimate relationships among refugee migrants. This study offers policy recommendations aimed at enhancing governance and ensuring better protection for migrants and refugees.