Examination of the terms of employment of a foreigner regarding a residence permit for an employee
- Permit or other obligation
- Nationwide except the Åland Islands
- Public service
A foreign person working in Finland requires a residence permit for an employee if another residence permit does not allow working or the employee cannot perform the work without a residence permit. If the employee has another residence permit granted by an authority in Finland, the permit may include the right to work in which case a separate residence permit for an employee is not required.
Citizens of EU countries, Norway, Iceland, Liechtenstein and Switzerland do not need a residence permit.
The TE Office provides a partial decision concerning the employee’s residence permit before the Finnish Immigration Service makes the final decision concerning the permit. In its partial decision, the TE Office assesses whether the use of foreign labour is justifiable.
A granted residence permit for an employee entitles a foreign person to work in Finland in one or more professional fields. The permit is granted for work performed for a specific employer only in exceptional situations. The permit is granted either as a temporary or a continuous residence permit. On the basis of the information provided in the application, the TE Office decides whether the work is temporary or continuous.
After the TE Office’s partial decision has been made, the Finnish Immigration Service continues processing the application. After the Finnish Immigration Service’s decision has been made, the applicant is informed of both decisions. The employer is informed of at least the partial decision made by the TE Office.
The decisions can be appealed by submitting an appeal to the administrative court. Instructions for making an appeal are delivered as an appendix to the decision.
On request, the TE Office provides employers and commissioners who consider hiring a foreign employee with an advance ruling on the requirements of granting a residence permit for an employee free of charge.
Do the following
The employee will apply for the residence permit from the Finnish Immigration Service by themselves. As an employer, you participate in applying for the permit by providing information about the employment relationship. If an employee is applying for a residence permit in the e-service, you can submit information on the work in question and your company in the Enter Finland for employers.
Fill the form and tick the box ‘Appendix to worker’s residence Permit application’. Complete all sections of the form thoroughly. By signing the form, you confirm that the provided information is true. Deliver the form to the residence permit applicant. If the employee has several employers, each employer must provide the employment relationship information in a separate appendix.
As an employer or commissioner, you may also request an advance ruling on the requirements of granting a residence permit for an employee free of charge when you consider hiring a foreign employee. In that case, tick the box ‘Application for advance ruling’. Deliver the form to the TE Office that handles work permit matters in the region where the work will be performed.
To whom and on what terms
In its partial decision, the TE Office assesses the following matters:
- Can suitable employees be found for the vacancy from the EU/ETA area within a reasonable time period? The assessment takes note of other factors affecting the regional labour market situation such as ELY Centres’ regional policies on the prerequisites of using foreign labour. The TE Office may require that the open position is entered in its own employment services and in the EURES services that deliver job advertisements between the European countries. Granting a residence permit for an employee is not justifiable if employees can be recruited from the company’s labour market area within a reasonable period of time.
- Do the terms and conditions of the employment relationship comply with the Finnish labour legislation and the industry-specific, universally applicable collective labour agreement if such agreement exists? The terms and conditions of the foreign person’s employment relationship must correspond to the practices applied to Finnish employees working in the same industry in every way, including salary. With regard to work performed in Finland, employees sent to Finland by a foreign employer must be paid a salary that corresponds at least to the salary level dictated by the Finnish labour legislation and the industry’s salary level.
- Is the employer realistically prepared to take care of its obligations as an employer? In order to assess the matter, the TE Office may request additional information, such as a certificate of paid taxes, an insurance certificate concerning paid statutory insurance premiums, payroll statements, information on the employer’s work sites in Finland or an audit opinion on the company’s payroll capacity.
When assessing the employer’s capacities, the TE Office ensures that the employee has the education and permissions required by their duties. In addition, the TE Office must be convinced of the fact that the employee’s livelihood is secured by gainful employment during the validity of their residence permit.
The service is free of charge.