23 February 2023
Finland | Immigration | Changes to the Finnish Aliens Act
Medium Impact
Summary
The Government of Prime Minister Sanna Marin has taken a series of actions in order to expedite the processing of work-based residence permit applications, including introducing the fast track processing option for specialists last summer. A number of additional changes to the Finnish Aliens Act are now being introduced in order to make the immigration process even smoother. The most recent amendments came into force on 23 February 2023 and include changes to the residence permit application process and immigration document storage requirements as well as a new employer certification option.
The Detail
The Government has put a lot of effort into shortening the processing times of work-based residence permit applications significantly and making the immigration processes smoother. The most significant change was the introduction of the fast track option for specialists in June 2022, which guarantees a decision within fourteen days from the day when the application is filed for individuals qualifying as specialists. Our initial experiences from the fast track option have been very positive, as most individuals have received a decision within one week of filing their application.
In order to further improve the processing of work-based residence permit applications and speed up the processing, various changes have been introduced to the Finnish Aliens Acts as of February 23, 2023. The most significant changes include:
A new employer certification option is introduced
Employers are now able to apply for an employer certification. The purpose of the certification is to identify reliable employers and speed up the permit processing for their new hires by reducing the need for separate investigation with each application.The employer certification is voluntary but it is expected to be beneficial for employers, who have a substantial number of international hires. The certification is granted based upon application and the criteria include e.g. financial factors. It is also required that the Finnish Immigration Service has previously granted residence permits based on employment with the employer in question.
Employers are required to confirm the employment terms as part of the residence permit application process
Going forward, employers need to confirm the terms of employment using the Finnish Immigration Service’s online portal before the application processing starts. This was already required for the fast track option but the requirement is now extended to other work-based residence permit categories. Employers may authorise service providers to handle the actions on their behalf and there is a paper form option to use if online filing is not available.
Clarifications to the wording of the specialist exemption under article 81 b §
The wording of the 90 days exemption, which enables qualifying specialists to work in Finland without a residence permit, has been updated. The new wording specifies that the exemption is available to qualifying specialists for up to 90 days in any 180 day period.
Requirement to store immigration documents reduced to two years from the employment end date
Finnish employers are required to store information on the grounds for their foreign employees’ right to work throughout the duration of the employment as well as after the employment has ended. On February 23, this requirement to store information was reduced from four to two years from the employment end date.
Possibility to issue a temporary employer-specific ban on new residence permit application approvals
While the majority of the changes are looking to speed up and simplify the immigration procedures, additional efforts are also put into preventing labour exploitation. According to the new wording, the Finnish Immigration Service or TE Services is able to issue a temporary employer-specific ban of 3 – 12 months, during which work-based residence permit applications for the employer in question will be rejected.
How we can help
We advise on various Finnish immigration matters, including residence permit applications under the fast track option for specialists and employer certification applications. We also help employers in confirming eligibility for the 90-day specialist exemption.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Further information on Vialto Partners can be found here: www.vialtopartners.com
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