A Two-year-struggle For a Residence Permit Brings Up Some Awareness to The Authorities

A Two-year-struggle For a Residence Permit Brings Up Some Awareness to The Authorities

4.2.2020

We would like to share Evelyn’s story on the unreasonably complex procedure for gaining work-related residence permit in Finland. 

Evelyn moved to Finland from the Philippines in 2017. She concluded a permanent employment contract with a Finnish company providing cleaning services. Due to the Finnish immigration policy, she was not allowed to start working until the work-related residence permit was successfully granted. 

In order to work in Finland, a citizen outside of EU countries shall hold a residence permit for an employed person. Permission procedure is two-phased: First, TE Services estimate employment conditions, the employer’s ability to fulfil its legal obligations, and establishes whether there is labour force available within a reasonable time in Finland or EU/EEA in accordance with labour market testing. Secondly, Immigration Service decides on the residence permit based on the statement of TE Services. Immigration Service also evaluates the general conditions for granting residence permits in Finland. 

TE Services concluded a negative partial decision falsely claiming that the documents proving the accuracy of the employment terms were not submitted within the time limits. However, all documents were delivered on time, and the acquisition of the documents was confirmed in writing by the officer of TE Services. However, Immigration Service dismissed Evelyn’s application referring to the statement of TE Services. 

Evelyn decided to seek legal advice and turned to our Attorney-in-law Miro Del Gaudio. Immigration Service re-evaluated Evelyn’s application, but in the end dismissed it claiming that the nature of Evelyn’s employment contract deemed artificial, since Evelyn could not give encompassing answers to the questions presented to her in an oral hearing. Our Attorney Miro emphasized that the questions were very technical by nature. Matters concerning income tax rates, a specific number of annual holidays granted by law could not be reasonably expected to know in detail even by an employee originating from Finland. Finally, after a two-year-battle, Evelyn received an accepted residence permit for an employed person in September 2019. 

A procedure consisting of applications, decision-making in different instances and complaints following therefrom may take years. The delay from the first application to the final decision is unreasonably lengthy. Foreigner’s ability to start working is postponed by years which does not meet the needs and expectations of the employer. Thus, it is of high importance to shorten the application procedure of work-related residence permits, which is finally recognized by the current government of Finland. 

Source in Finnish: https://www.iltalehti.fi/