📋 Tender Overview
By reforming Chapter 5 of the Aliens Act the government aims to speed up the residence permit process so that the processing time for work-based residence permits is reduced to an average of 30 days by the end of the government term. The reform would also increase the use of automation and allow for certification by employers which would facilitate the application process. The government aims to increase employment- and education-based immigration. For this reason amendments are being made to Chapter 5 of the Aliens Act and to certain other provisions and laws the draft of which is now being submitted to the Government for opinion. The aim of the changes is to speed up work-based residence permit processes so that the average processing time for applications at the end of the term is 30 days. The draft proposal proposes that the law lay down general conditions for the issue of all work-based residence permits. At the same time the obligations of the employer and the employee in the residence permit process would be laid down.More than 80 of work- and education-based decisions are positiveAccording to surveys more than 80 of work and education-based residence permits are resolved favorably. The new regulations would make it possible to make more extensive use of sub-automation. Licensing authorities would also make use of information from other official registers eliminating the need to ask the applicant or employer. The law would instruct the applicant to submit their application primarily electronically in which case the employer should also transact electronically. It would still be possible to make a paper application. The law also proposes provisions on employer certification that would provide for the conditions granting effect and revocation of certification. Employer certification would also help speed up the permitting process. There should be new types of permits in the lawThe regulation of residence permits for entrepreneurs and growth entrepreneurs would be clarified and those who have completed a degree or research in Finland would have their own permit. The residence permit of a specialist would also be added to the law as a separate permit while the determination of salary would be regulated in more detail. The reform would also allow for oral hearings in the permitting process so that hearings in the Delegation could also be carried out remotely. If necessary the consultation could take place at the premises of the external service provider provided that space arrangements connections and security are ensured. Under current law a travel document must be valid for the entire period for which the residence permit is issued. The draft proposal suggests that in future it would be sufficient for the travel document to be valid when the first residence permit is issued.Improvements in controls would prevent labor exploitation At the same time as promoting labor immigration Finland is working to combat the exploitation of foreign labor. For this reason clarifications are also provided on the regulation of the control of the use of foreign labor. The possibility of taking a decision not to issue a residence permit on the basis of employment for the duration of the decision to abstain would be extended to cover all work-based residence permits in addition to the workers residence permit. In addition to the TE Office the Finnish Immigration Service could also make a decision to abstain. The reform proposals are now on the agendaThe proposed amendments to the law and regulations are in the opinion round from 24 January to 7 March 2022. Statements are requested to be submitted to the request for an opinion published on lausuntopalvelu.fi. Parties outside the distribution list may also comment if they so wish. The governments proposal is expected to advance to Parliament in early May. The legal reforms are due to enter into force in early October.
