Three-month unemployment rule
The Government is seeking to promote work-based immigration, so that Finland procures labour suited to its requirements. Finland must also ensure smooth and responsible immigration. The Government intends to pay greater attention to ensuring that work in Finland continues on the permitted terms.
The Government is seeking to amend the impact of unemployment on residence in Finland with a work-based permit. The scope of the right to work under a worker’s residence permit will also be broadened to strengthen the labour supply and facilitate re-employment.
The proposal has been circulated for comments between 13 June and 16 August 2024.
A worker who becomes unemployed would be free to seek new work within the terms and conditions of the residence permit while the permit remained in force. The worker would have to apply for a new residence permit if the new job fell outside the scope of the current permit.
A worker with a work-based residence permit would have three months to find a new job if their employment in Finland came to an end. If no new job was found and there were no other grounds for continued residence, then the permit would be cancelled and the worker would have to leave Finland.
The jobseeking period would be six months instead of three months:
- for specialists and startup entrepreneurs, including holders of an EU Blue Card residence permit
- for senior and middle enterprise managers
- for seconded specialists and managers moving within an undertaking
- for workers who have lived in Finland for longer than two years with a work-based residence permit
The proposal would apply to work-based residence permits and not, for example, to permanent residence permits, family permits, EU citizens, or international students and researchers.
The change does not prolong the residence permit for the duration of jobseeking. A residence permit previously granted for work must also be in force during unemployment. The holder of a residence permit will still have to leave Finland if that permit expires before a new permit has been requested.
A work-based residence permit is intended for working in Finland. The changes will link the work-based residence permit more strongly to working, and improve permit supervision.
The change will also provide additional security to workers, as a permit can currently be cancelled immediately if the worker is unemployed. There is no regulation governing the time of such permit cancellations. Depending on their status, and on the remaining validity of the residence permit, workers would in future be assured of three or six months to look for a new job. The proposal also clarifies the conditions and supervision of permits for public authorities.
It is already possible to cancel a permit due to the end of employment, but there are no regulations governing the time within which unemployment should lead to cancellation of a permit. There is also no systematic monitoring of whether employment is continuing.
The EU Blue Card Directive took effect on 13 May 2024. A three-month unemployment rule was accordingly included in the Specialists Act (224/2024). A protection period of six months only applies if the residence permit has been valid for at least two years. The six-month exception for specialists under this proposal would also apply to the EU Blue Card residence permit, irrespective of the prior duration of residence.
The Blue Card is a common EU residence permit for specialists who are citizens of non-EU countries. A specialist seeking to enter Finland from outside the EU may choose whether to apply for a national specialist permit or an EU Blue Card. Further details are available in a press release.
Current work-based residence permits only allow work in the field or fields for which the permit was requested and granted. It has been possible to change employers within the field without requesting a new permit, provided that the grounds for the permit remained the same. Future holders of a worker’s residence permit in Finland would also be free to seek work in other sectors where a national labour shortage has been determined. It would not be necessary to apply for a new residence permit before starting this work, provided that the previous permit was still in force.
Verified labour shortage sectors would be determined annually by government decree. Such fields in spring 2024 would include nurses, practical nurses and physicians, nursery school and special education teachers, home care assistants, application designers and social work specialists.
Yes. The holder of a worker’s residence permit would be able to switch to working in a labour shortage sector or, for example, seek additional part-time employment in such a sector.
Services and support for re-employment will be provided to international specialists if work for their first employer ends. The broadened scope of a worker’s residence permit, covering not only the original field but also national labour shortage fields, will also support re-employment.
Re-employment services will be provided through the employment services of municipalities and cities. Employment services may also be accessed through International House service points in larger cities and regions.
Employers must already report that they have hired a third-country national. They should in future also notify the Finnish Immigration Service when employment ends prematurely. No such notification would be necessary when employment ends at the time indicated in the residence permit. Failure to notify may be sanctionable, most typically by a fine.
This amendment will improve supervision of work-based residence permits.
The employer should notify the Finnish Immigration Service of premature termination of an employment relationship through the Enter Finland service. The notification must be submitted digitally within 7 days or by paper document within 10 days of termination.
The proposal has been circulated for comments between 13 June and 16 August 2024. Comments on the proposal may be submitted via the Consultation Service. An English-language hearing will be arranged concerning the proposal on 13 August 2024.
Preparation of the proposal will continue at the Ministry of Economic Affairs and Employment after the consultation round is completed.
The Government intends to propose the new rule to Parliament in autumn 2024. The changes would not take effect before 2025.
Sweden applies a three-month post-employment jobseeking period before requiring the worker to leave the country. The corresponding period is six months in Denmark and Norway.
The jobseeking period is now also regulated by provisions at EU level. The EU Single Permit Directive requires all Member States to apply a three-month protection period in the event of unemployment for work-based residence permits, and a six-month protection period if the residence permit has been in force for two years or longer. All Member States must implement the Directive by 21 May 2026.