Three-month unemployment rule
The Government aims to promote work-based immigration so that Finland can receive the labour it needs. At the same time, Finland must ensure that immigrating is easy and responsible. In future, the Government will monitor more closely that those working in Finland adhere to the terms of the permit.
The Government submitted to Parliament a proposal on the three-month unemployment rule on 17 October 2024. The amendments would enter into force on 1 April 2025.
The proposal specifies the effect that unemployment will have on those residing in Finland with a work-based residence permit. The scope of the right to work under a residence permit for an employed person will also be broadened to strengthen the labour supply and facilitate re-employment of immigrants.
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 ended prematurely. 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 (including the EU Blue card)
- for workers who have lived in Finland for longer than two years with a work-based residence permit
- for senior and middle enterprise managers
- for seconded specialists and managers moving within an undertaking
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. The residence permit 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.
No.
A work-based residence permit is intended for working in Finland. The changes will link the work-based residence permit more strongly to work and improve permit supervision.
They will also provide additional security and clarity to workers as a permit can currently be cancelled at once if the worker is unemployed. There is no regulation governing the time of such permit cancellations. Depending on their status and 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, because the condition for the permit, i.e. work, is no longer met. However, there are no regulations governing the time with-in which unemployment should lead to cancellation of a permit. There also is no systematic moni-toring of whether employment continues.
Since April 2023 the Finnish Immigration Service has nevertheless already applied a practice whereby residence permit cancellation procedures are not initiated within a three-month protection period.
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 sectors of labour shortage would be defined by government decree once a year starting in summer 2025. Currently, such sectors would include health and social services and certain service and industrial sectors.
Yes. The holder of a residence permit for an employed person 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 within 14 days of the termination of the employment relationship.
The Government submitted its proposal to Parliament on 17 October 2024.
The proposal was circulated for comments between 13 June and 16 August 2024. After the consultation round, the Ministry of Economic Affairs and Employment continued further preparation of the proposal based on the comments received and the statement of the Finnish Council of Regulatory Impact Analysis.
The amendments would enter into force on 1 April 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.
More
- Press release 17 October 2024: Government sends its proposal on three-month unemployment rule to Parliament
- Press release, 8 September 2023:Preparations begin to strengthen the tie between work-based residence permits and work
- Read more in the Gateway to Information on Government Projects
- More information on the Orpo Government’s measures related to work-based immigration