Changes to work-based residence permits – protection period for unemployment and new notification obligation for employers

Those working with a residence permit on the basis of work mainly have a three-month protection period to find a new job. Exceptions to the three-month unemployment rule include persons employed as a specialist and those who have been residing in Finland with a permit on the basis of work for over two years. They have six months to find a new job.

The residence permit must also be valid during unemployment. The permit may be withdrawn if the employee cannot find a new job by the end of the protection period and does not have any other grounds for residence in Finland. If the customer has some other reason for residence in Finland, they can apply for a new residence permit on this basis. The end of an employment relationship may also have previously led to the withdrawal of a residence permit, as the conditions for the permit are then no longer met. 

“Starting back in April 2023, the prevailing practice of the Finnish Immigration Service has been that the residence permit will not be withdrawn due to unemployment within the three-month protection period. However, the law has not previously specified how long the customer must have been unemployed for the permit to be withdrawn”, explains Asta Kassinen, Process Owner.

Employers’ future obligation to notify of prematurely ending employment relationships and extension of right to work

The legislative amendments will increase the supervision of residence permits on the basis of work. In the future, employers must notify the Finnish Immigration Service if an employee’s employment relationship ends prematurely and they have a residence permit on the basis of work. Employers have previously only had to notify the Finnish Immigration Service of hiring an employee. If the employer does not notify of the termination of the employment relationship, sanctions may be imposed. The police are responsible for imposing the sanctions. 

“The employer must submit a notification of termination of employment in the Enter Finland service within 14 days. This change makes the supervision of permits on the basis of work more effective and speeds up the removal from the country of persons who no longer meet the permit conditions”, says Kassinen.

The amendments also extend the right to work of those granted a permit on the basis of work. In the future, after becoming unemployed, they will be able to apply for work in industries identified as national labour shortage sectors in a Government Decree issued in June. These industries include practical nurses, nurses and process operators for the processing of metals. In the future, the Decree will be regularly updated by the Ministry of Economic Affairs and Employment, the KEHA Centre and the ELY Centres to ensure that the list of sectors would always correspond to the current labour shortage situation in Finland. Previously, those granted a work-based residence permit have been only allowed to work in the sectors that have been the basis of granting the permit. 

Starting working in a sector with a labour shortage does not require applying for a new residence permit if the person's residence permit is still valid.

“These legislative amendments will clarify the conditions of the permits and their supervision, as in the future, the employee is guaranteed to have three or six months to look for a new job if their permit is valid for that period. In other words, the right of residence is not extended due to a job search if the permit expires earlier. The customer must apply for a new residence permit if they get a job in an industry other than a labour shortage sector and the previous residence permit was granted to a different sector, says Kassinen.

Further information

• employers’ obligation to notify, supervision and withdrawal of permit: Asta Kassinen, Process Owner, firstname.lastname@migri.fi, tel. +358 295 433 812
• residence permit for an employed person: Tuuli Huhtilainen, Process Owner, firstname.lastname@migri.fi, tel. +358 295 433 436
• specialists and other work-based residence permits: Raisa Palomäki, Process Owner, firstname.lastname@migri.fi, tel. +358 295 434 152
• List of labour shortage sectors produced by the Ministry of Economic Affairs and Employment, the KEHA Centre and the ELY Centres: Labour force barometer
• Website: Residence permit for an employed person
• Website: Residence permit for a specialist
• Website: Residence permits on the basis of work
• Website: Employer's role and obligations