Can I work while migri processes my extended residence permit application?
You must send your application in good time, before your old residence permit expires
If your residence permit is about to expire but you want to stay longer in Finland, the first thing you should do is apply for an extended residence permit. The Finnish Immigration Service (Migri) recommends to submit applications for extended residence permits in good time, before your old residence permit expires.
This is very important because if you do not do so, then your right to work that was included in your residence permit will expire too. In that case, you will be facing a very complicated situation because legally you will not be entitled to work anymore and probably at the same time the Finnish authorities will request you to leave the country.
So, what should be done in order to continue working while the extended permit application is processed?
The Finnish Immigration Service stresses that you may continue working while your application for an extended permit is being processed if you applied for it before your previous residence permit expired and you meet one of the following conditions:
- You have a residence permit for an employed person (TTOL) and you still work for the same employer or in the same field of work.
- You have a residence permit for an employed person (TTOL) and you are applying for an extended permit on the basis of family ties. While your application for an extended permit is being processed, you have the right to work within the limits set by your old residence permit for an employed person.
- Your right to work is based on another residence permit, such as a residence permit on the basis of family ties or studies.
- If you have a residence permit for seasonal work and you apply for an extended permit to continue working for the same employer.
In case of a negative decision
It is important to remark that if Migri decides not to grant you an extended permit and you appeal this negative decision, legally you have the right to continue working until your appeal has been processed.
There is an important exception to that described above: If you are a student and you have completed a degree in Finland and after that you are applying for an extended permit for work or to search for a job and receive a negative decision, you are not allowed to continue working even if you appeal Migri's decision.
If you have been granted a residence permit for seasonal work and now you are applying for an extended seasonal work permit to continue working for the same employer, then you may continue working while your application for an extended permit is processed. But once again, remember that this rule will only apply if you have submitted your application before the expiration date of your first seasonal work permit.
However, this will not be the case if you came to Finland as a seasonal worker and now apply for a regular permit based on employment. That case is more complicated and you will see your right to work restricted.
If you have been working with a seasonal work visa, a certificate for seasonal work or a residence permit for seasonal work and now you apply for a residence permit for an employed person to continue working for the same employer, your right to work expires with your visa, certificate or residence permit. This means that you cannot continue working while your application for a residence permit for an employee is being processed. You will have to wait for Migri's decision.
When does the right to work exactly end?
Your right to work will end automatically when your residence permit expires if your residence permit has been granted on any of the following grounds:
- You are a visiting professor or lecturer, consultant, instructor or researcher and the length of your employment contract does not exceed one year.
- You perform work that includes the delivery of an individual imported or exported machine, equipment, production line or expert system and the length of the work does not exceed six months.
- You are doing international practical training in Finland and the length of the training does not exceed 18 months.
- You are doing international practical training in Finland as an internal transfer within an international company and the length of the training does not exceed one year.
- You are working as an au pair.
If you have a residence permit for an employed person that is limited to a certain industry or a certain employer and there is a change of industry or employer, you may start the new work only after you have received the new permit.
Seasonal work certificates and visas
Please note that these are not the same as residence permits for seasonal work. If you hold a certificate for seasonal work or a visa for seasonal work, your right to work ends when your certificate for seasonal work or your visa for seasonal work expires.
In this case your right to work ends even if you apply for a residence permit for seasonal work to continue working for the same employer after your certificate for seasonal work or visa for seasonal work has expired.
If you are staying and working in Finland with a residence permit and apply for asylum (international protection) instead of applying for an extended permit, your right to work based on your residence permit ends when the residence permit expires.
However, asylum seekers may have the possibility to start working in order to earn a salary several months after they have communicated the authorities that they are seeking for asylum. To learn more about asylum seeker's right to work and its conditions, you can find additional information by clicking HERE
If you need help to submit your extended residence permit application or if you got a negative decision and you wish to consult a professional about your case, you can get in touch with a lawyer by clicking HERE