Partial Decision by the TE Office
Partial Decision by the TE Office
Every residence permit application will be processed on a case-by-case basis.
TE Office's partial decision is based on overall assessment, which includes assessing the availability of labour, the terms of the employment relationship and both the employer's and employee's prerequisites. The employee's income through gainful employment must also be secured.
Assessing the availability of labour
The TE Office will assess whether suitable labour is available within a reasonable period of time for the vacancy in question in the local labour market area (EU/EEA area). TE Office may require the employer to advertise the vacancy in its own employment services (te-palvelut.fi) and in the European cooperation network EURES services. If appropriate labour is realistically available within a reasonable time period, there is no justification for granting a non-EU citizen a resident permit on the basis of employment.
Terms of employment
The TE Office shall ensure that the terms and conditions of the employment relationship comply with the Finnish labour law. This is assessed by the TE Office on the basis of the employer's notification of the terms and conditions of the employment relationship, which the employer has attached to the application via the TEM054 form.
Finnish labour law and Finnish sectoral collective bargaining agreements are to be applied in the foreign worker's terms of employment. The terms and conditions of a foreigner’s employment relationship must correspond to the conditions applied to Finnish employees in the same field in every way, including payment. Employees sent to Finland by a foreign employer shall be subject to at least the remuneration level of Finnish labour law and of the sector for the work carried out in Finland.
Employment information and information about the provisions of collective agreements in various sectors can be obtained from the Regional State Administrative Agency's (AVI) Occupational Safety and Health Department and labour market organisations.
The TE Office assesses whether the employer has the capacity to fulfil its obligations as an employer. In order to clarify these issues, the TE Office may request additional information from the employer, such as a tax liability certificate, certificates of statutory insurance premiums, salary certificates, information on the employer's work sites in Finland and an auditor's or accountant’s report on the company's capacity to pay wages.
When assessing the employee's qualifications, TE Office must ensure that the employee has the training and permits which might be required for the work (e.g. specific qualifications and approvable health conditions).
TE Office must be assured that the employee's income in Finland will be 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 applied. If there is no suitable collective agreement, the income requirement is fulfilled if the pay corresponds to the wage level paid for similar tasks. For 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 1252 per month in 2021.
Applications can only be expedited for well-founded reasons. An expedition request should be made in writing (e-mail or letter). If one application jumps the queue, it delays the processing of other applications and is not fair to other applicants. Therefore, an expedition request rarely speeds up the process. A large number of expedition requests may slow down the processing of applications, as each expedition request will be read and processed.
Advance ruling on the conditions for issuing a residence permit for an employed person (TTOL)
The employer may request free advance ruling on the prerequisites for granting a residence permit for an employed person (TTOL). An advance ruling can be requested by submitting the TEM054 form and selecting the section "Application for advance ruling". The TE Office must provide the advance ruling without delay. The TE Office must comply with the advance ruling for the time period stated in the advance ruling if requested by the employer.
- The Government's Decision on National Guidelines on General Conditions for the Use of Foreign Labour (in Finnish, pdf)
- EnterFinland (enterfinland.fi)
- Regional State Administrative Agency (avi.fi)
- ELY Centre (ely-keskus.fi)
- Act on Posting Workers (in Finnish) (finlex.fi)
- Employee’s residence permit application (migri.fi)
- Appendix to the employee's residence permit application, TEM054 form (suomi.fi)
- Occupational Safety and Health Administration (tyosuojelu.fi)
- Aliens Act (in Finnish) (finlex.fi)