Each application for a residence permit is processed in a case-by-case basis.
The TE Office's partial decision is based on overall consideration, which includes the availability of labour, the terms of employment relationship and the assessment of the employer's and employee’s qualifications. The employee's income through gainful employment must also be determined.
The TE Office assesses whether suitable labour force is available on the labour market in Finland and in the EU/EEA within a reasonable period of time. When examining the availability of labour, the TE Office may require the employer to open the job in question in their own brokering services (tepalvelut.fi) and the services of the EURES European cooperation network. If a suitable labour force is available on the labour market within a reasonable period of time, there are no grounds for issuing a residence permit for an employed person.
The TE Office ensures that the terms and conditions of the employment relationship comply with Finnish labour law. The TE Office will determine this on the basis of what the employee has notified of the central terms and conditions of the employment relationship on the TEM054 form submitted as an appendix to the application for a permit.
A foreign employee's employment relationship must be governed by Finnish labour laws and Finnish sectoral generally binding collective agreements. The terms and conditions of foreign employment relationship must correspond to the practices applied to Finnish employees in the same field in all ways, including payment. Employees posted by a foreign employer to Finland must receive the level of pay according to the Finnish labour legislation and field when working in Finland. Information on employment relationships and the provisions of collective agreements in different fields can be obtained from the labour protection and labour market organisations of the Regional State Administrative Agency.
The TE Office assesses whether the employer has the capacity to fulfil their employer obligations. In order to clarify these issues, the TE Office may request additional clarifications from the employer, such as a tax liability certificate, certificates of statutory insurance premiums, pay calculations, information on the employer's working sites in Finland and an auditor's or accountant’s report on the company's capacity to pay wages.
When assessing an employee's capacity, the TE Office ensures that the employee has the training and permits that may be required for the work (e.g. establishing specific qualifications and approved health status).
The TE Office must be satisfied that the employee's income in Finland is secured by income from gainful employment. In full-time employment, the income requirement is considered to be met when the wage is at least in accordance with the collective agreement applicable to the employment. If there is no suitable collective agreement, the income requirement is fulfilled if the pay corresponds to the wage level paid for similar tasks.
In part-time work, the meeting of the income requirement is assessed on a case-by-case basis. According to Chapter 5, Section 4 of the Unemployment Security Act, the applicant's gross salary must be at least EUR 1211 per month in 2019.
The processing of applications can only be rushed for justified reasons. An urgent request must be made in writing (by e-mail or letter). Taking one application past the queue will delay the processing of other applications and is not fair to other applicants. Therefore, a rush request rarely speeds up processing. A large number of urgent requests may slow down the processing of applications, as each rush request is read and processed.
The employer may request free advance information on the requirements for issuing a residence permit for an employed person. Preliminary information is applied for on the TEM054 form, where the section "Application for preliminary information" is selected. The TE Office must provide prior information without delay. At the request of the employer, the TE Office shall, when applying for a residence permit for an employee, follow the preliminary information for the period mentioned in advance.