Role of the employer in the permit process
When you wish to hire a foreign national from outside the EU/EEA who is residing abroad, you must make the employee a job offer and confirm that you will definitely employ him or her. This is usually done by signing an employment contract or, if the employee is posted by a Finnish client, some other kind of an agreement. The employment agreement must specify the nature of the employment relationship, its duration and the employee’s salary. If the employee applies for a residence permit for an employed person, you will confirm the information by filling in the form TEM 054 and signing it.
In some cases, an employee does not need a residence permit. In these cases, the right to work applies to specific, restricted job duties for a period of no more than 90 days or the period of validity of the employee’s visa.
In order to work in Finland, the employee usually needs a separate residence permit granted for that purpose.
Using an employment agent
When you are hiring an employee from another country, it is not recommended to use an employment agent. Using an employment agent can complicate and delay the processing of the application and may affect the legal protection of the employee. Using an employment agent usually causes extra costs for the employee.
Applying for a residence permit
You cannot apply for a residence permit on behalf of an employee, but you can advise him/her as to which form to complete. If the employee sends us the wrong application form or the right form that is filled in incorrectly, the permit process will slow down. There are several forms for employment-based residence applications. The application the employee should use depends on the employee’s responsibilities and the nature of the employment relationship.
Please remember that submitting the application online is the quickest way for the employee to receive a decision. Electronic applications move globally between authorities in electronic processing queues, and there is no need to send documents by post. Applications made on paper in the traditional way are sent to Finland by courier, which may sometimes take several weeks.
Enter Finland for employers
If an employee of yours is applying for a residence permit in the e-service Enter Finland, you can submit information on the work in question and your company for the residence permit application and pay for the application on behalf of the employee. You can also digitally authorize another person to act on your behalf in Enter Finland. The person in question does not need to be employed by the same employer. He or she can also represent a third party.
To be sure that you have the right to handle matters online for your company, we use the service Suomi.fi e-Authorizations.
You can use Enter Finland for Employers even if you have not previously used our e-service. However, you will not see the status of previously submitted applications. You cannot use the service if the ground for an application is multiple employments or if the employer or client does not have a business identity code.
How do I use Enter Finland for Employer?
- Create an account as an employer in the e-service Enter Finland.
- You can pay for the application on behalf of your employee.
- Submit certain attachments to the application on behalf of your employee. You do not need to send these attachments to your employee.
- As you can see the status of the application in the e-service, you do not need to queue in our telephone service.
- If the application in question is a residence permit application for an employed person that issued after a labour market test, you will be informed of the decision made by the Finnish Immigration Service and the partial decision made by the Employment and Economic Development Office (TE Office).
- If you employ a third-country national, you can also submit an employee information form as required by the Aliens Act.
Processing time inquiries
Information on pending residence permit applications is principally only given to the applicant him/herself. As an employer, you are entitled to be given information related to the terms and conditions of the employment relationship and the progress of the application process.
In the case of a residence permit for an employed person, the relevant Employment and Economic Development Office (TE Office) will issue a partial decision applying labour availability consideration, and this partial decision will be notified to the employer.
According to the Aliens Act, a decision on a residence permit application for employment must be made within four months. For more information, see Processing times.
Employee in Finland
Even if the foreign employee you hire is already living in Finland, the same legislation, regulations and benefits apply to him/her as to an employee who arrives in Finland from abroad.
If you wish to hire a foreign national who is already in Finland, you must ensure that he/she has:
- the right to work
- the right to stay in Finland
A student and work
A student who has been granted a residence permit for studies may engage in gainful employment without restrictions if the employment consists of practical training or diploma work as part of a degree. During terms when lessons are given, the student is allowed to do an average of 25 hours of part-time work per week.
The number of working hours is not restricted weekly, but the restriction concerns each term. In other words, students can work periodically according to the current situation. During holidays, that is, during summer and Christmas holidays, students can work full-time without hourly restrictions.