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IMPACT – MEDIUM
What is the change? The authorities have waived labor market testing requirements for residence permit holders who are currently employed and applying for new jobs under their residence permit.
What does the change mean? Foreign employees who have been lawfully employed in Finland for at least one year will no longer require labor market testing when changing jobs.
Analysis & Comments: The change is good news for current residence permit holders who are employed and wish to change occupations, and for employers, as they will be able to hire currently employed foreign nationals faster.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the Brexit news? The Finnish government has announced plans for how it would administer the status of U.K. nationals in Finland in the event of a “no deal” Brexit.
What does the news mean? On Jan. 25, the Finnish Cabinet Committee on European Union Affairs announced its plans to ensure that U.K. nationals will retain their rights to work, live, study and receive government benefits in the event of a “no deal” Brexit. While the specifics, including how long U.K. nationals would retain their current status post-Brexit, have not been determined, officials have stated that the draft legislation will only apply to registered U.K. nationals. Officials are therefore urging U.K. nationals to register with immigration authorities if they have not done so already.
Background: If there is not a withdrawal agreement, U.K. nationals in Finland will be considered third-country nationals on March 30. The Finnish government is drafting new legislation to address the effects of a “no deal” Brexit for U.K. nationals living and working in Finland. U.K. nationals will retain their current rights until at least the end of 2020. The government has made it clear that any measures intended to protect the rights of U.K. nationals will only apply to U.K. residents who have registered their right of residence at the Finnish Immigration Service by March 29. U.K. nationals who have resided in Finland for an uninterrupted period of five years are eligible to apply for a certificate of permanent residence as an EU citizen.
Analysis & Comments: The government’s proposals provide some certainty to employers and U.K. citizens in Finland. The changes will allow U.K. citizens registered with the immigration authorities to continue their right of residence in Finland until the end of 2020, after which they may be required to obtain residence permits. While the proposed measures will ensure that registered U.K. citizens and their family members will retain their residence rights during a temporary period, it is not clear how U.K. nationals would be covered after the transition period.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? Finland has announced minimum salary threshold increases for work-based residence permits and EU Blue Cards.
What does the change mean? Effective Jan. 7, the minimum gross monthly salary for EU Blue Card applications is €4,732. The minimum gross monthly salary for new and renewal worker residence permit applications is now €1,211 unless a collective agreement exists, in which case the salary should correspond with the collective agreement.
Background: Most foreign nationals intending to stay in Finland for more than three months require a residence permit.
Work-based residence permits are issued to nonspecialists earning less than €3,000 per month while residence permits for special experts are issued to foreign specialists earning more than €3,000 a month. In some cases, applicants may be eligible to apply for a visiting consultant permit, intra-company transfer or EU Blue Card.
Finland’s immigration authorities announce salary threshold changes for the EU Blue Card and other work-based residence permits at the beginning of each year. While the salary threshold for special expert residence permits will remain the same, €3,000 per month, authorities have confirmed that per diems and other similar reimbursements of expenses can no longer constitute part of the income/salary requirement.
Analysis & Comments: Employers should factor in the new salary thresholds when planning their budgets.
What is the change? As of March 1, Finland began recognizing same-sex marriages and registered partnerships.
What does the change mean? Same-sex couples may now marry in a civil ceremony or register as partners in Finland, and foreign same-sex partners may apply for residence permits on the basis of such relationships.
Implementation time frame: March 1.
Visas/permits affected: Residence permits.
Who is affected: Same-sex couples in Finland and foreign nationals applying for residence permits on the basis of a same-sex partnership or marriage.
Business impact: The legal recognition of same sex relationships will make Finland a more attractive location for foreign nationals sponsoring a same-sex partner or spouse.
Background: Finland is the last Nordic country to recognize same-sex marriage, although only civil ceremonies, not religious marriages are recognized by law. Sweden and Norway legalized same-sex marriage in 2009.
BAL Analysis: Foreign nationals are now legally eligible to apply for residence permits on the basis of a same-sex marriage or domestic partnership.
This alert has been provided by the BAL Global Practice group and our network provider located in Finland. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Finnish Immigration Service will take responsibility from local police for processing in-country permit applications, including residence permit applications, beginning Jan. 1.
What does the change mean? Foreign nationals submitting applications after Jan. 1 should book an appointment to do so at one of nine Immigration Service service points. Those submitting applications before Jan. 1 should do so at a local police station. Applications that are pending as of Jan. 1 will automatically be transferred to the Immigration Service. No action on the part of the applicant will be required.
Background: Authorities recently announced that beginning Jan. 1, the Finnish Immigration Service will take over the following responsibilities from local police:
Information on the location of the nine service points is available on this website.
BAL Analysis: Anyone needing any of the services listed above should be sure to take note of the changes that will be implemented Jan. 1. While it is difficult to predict how the changes will affect processing times, applicants may want to build extra time into their schedules to account for possible delays. Applicants may also have to travel greater distances when submitting applications, given that they will only be processed at nine service points beginning in January.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Finnish Embassy in the U.K. is changing its Schengen Visa application process.
What does the change mean? Three visa application centers (administered by VFS Global) will open in London, Manchester and Edinburgh to handle applications for Schengen Visas. Appointments must be made online. The Finnish Embassy will continue to process residence permits, but all customer service requests, including residence permits, will be by appointment only.
BAL Analysis: The new visa application centers will only process applications for Schengen Visas. There is no change to work visas and residence permits, which must continue to be submitted to the embassy.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com
When traveling to Finland, your nationality and the types of activities you will conduct during your trip, will determine whether you may travel lawfully as a business visitor or if work authorization will be required. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Finland, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Nationals of the European Union, the United States and many other select countries are eligible for a visa waiver and are not required to obtain a visa to enter and conduct business activities in Finland.
Finland is a member of the Schengen Area, a free-travel zone comprised of 29 European countries. If your nationality is not eligible for a visa waiver in the Schengen Area, you will be required to obtain a Schengen Short-Stay Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to Finland and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.
The activities below, whether paid or unpaid, generally constitute work under Finnish law. This list is not exhaustive, and many other professional activities are considered work in Finland, even if conducted for a short duration.
In limited circumstances and under various exemptions, foreign nationals may engage in specialized professional activities for a limited period without obtaining work authorization, although strict preconditions must be met. An individual assessment is required before deciding whether an assignment exemption is applicable.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Finland. The most common forms of work authorization for Finland are:
Nationals from the European Union, the European Economic Area and Switzerland are not required to obtain a work permit to work in Finland. However, registrations or other formalities may be required prior to working or residing in Finland.
Additional work permit exemptions are available in Finland under Vander Elst rules. In this case, a legal assessment to determine the possibilities for a work permit exemption should be obtained prior to traveling.
The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the United Kingdom, has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA’s impact in Finland.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
IMPACT – LOW
What is the change? Foreign nationals applying for a residence permit will now be asked whether they want to apply for registration in the Finnish Population Information System, which allows them to receive a Finnish ID number. The change also applies to EU nationals registering their right of residence in Finland.
What does the change mean? Foreign nationals will more easily be able to obtain a Finnish ID number. Previously, foreign nationals were required to apply for an ID number separately after obtaining a residence permit.
Background: Prior to the change, foreign nationals had to obtain a residence permit before applying for an ID number, which is not automatically issued. The applicant must ask to be registered to the Finnish Population Information System when applying for a residence permit in order to receive an ID number.
BAL Analysis: Applicants for residence permits in Finland should take advantage of the new option to simultaneously apply for a residence permit and a Finnish ID number. Although the change does not eliminate municipal registration requirements, it nonetheless makes it easier to obtain an ID number, which makes living, working, and doing business in Finland easier.