Changes in legislation affecting asylum seekers as of 1 September 2024

Amendments to the Aliens Act which affect asylum seekers will enter into force on 1 September 2024. See this customer bulletin for information about the changes and who is affected.

It is no longer possible to get a residence permit on the basis of studies, employment or pursuing a trade if you have applied for asylum

You cannot be granted a residence permit in Finland on the basis of studies, employment or pursuing a trade if you are staying in Finland and 

• you have applied for asylum and have not received a decision on your application yet or 
• you have received a negative decision on your asylum application.

This applies to all asylum seekers who are staying in Finland regardless of when they have submitted their asylum application or received a negative decision on their application.

The change affects first residence permits

The Finnish Immigration Service will consider your application inadmissible if you apply for a first residence permit on the basis of studies, employment or pursuing a trade while you are residing in Finland. This applies to all applications that have not been decided by the Finnish Immigration Service by 31 August 2024 at the latest. 

Current processing times for residence permit applications:

• Studies: 1 month (online applications), 3 months (paper applications) 
• Employment and pursuing a trade: 1–2 months  

If you want to apply for a residence permit to Finland on the basis of studies, employment or pursuing a trade, you need to leave Finland and visit a Finnish mission (embassy or consulate) in your home country or country of permanent residence to apply for the permit. For more information on how to apply for a residence permit on the basis of studies, employment or pursuing a trade, see the pages Coming to Finland for work and Studying in Finland.

The change does not affect most extended permits

This change does not affect you if you already hold a residence permit in Finland and are applying for an extended permit. In this case it does not matter if you have previously applied for asylum in Finland. However, if you are applying for an extended permit for studies or research and you also have an asylum application pending, you will receive a negative decision on your application for the extended permit.

Changes in when an asylum seeker’s right to work will end

You will be affected by the amended legislation regarding the ending of the right to work if the Finnish Immigration Service issues a decision on your asylum application on or after 1 September 2024. The decision will always state whether your right to work will end or continue.

Right to work if the Finnish Immigration Service has issued a decision on 1 September 2024 or thereafter

If you receive a negative decision, your right to work is valid during the appeal period, which is 30 days from the date when the decision of the Finnish Immigration Service was served on you.

• If you appeal against the decision of the Finnish Immigration Service to an administrative court, your right to work is valid until the decision of the administrative court has been served on you. 
  • If the administrative court rejects your appeal in respect of international protection, your right to work ends on the day when the decision of the administrative court is served on you. 
  • If the administrative court overturns the decision of the Finnish Immigration Service in respect of international protection and returns your application to the Finnish Immigration Service, your right to work will continue at least until the Finnish Immigration Service issues a new decision on the matter. The decision will contain information about your right to work.
  • If the administrative court rejects your appeal in respect of international protection but returns the matter to the Finnish Immigration Service for some other reason, your right to work ends when the decision of the administrative court is served on you. 

If the Finnish Immigration Service has applied an accelerated procedure to your asylum application or has considered your application inadmissible, your right to work ends on the day when the decision of the Finnish Immigration Service is served on you.

If your right to work has ended, it will not begin again if you apply for leave to appeal to the Supreme Administrative Court. 

• If the Supreme Administrative Court returns your matter to the Finnish Immigration Service or to the administrative court for renewed consideration, your right to work begins again.
• However, your right to work will not begin again if the Finnish Immigration Service has applied an accelerated procedure to your application or considered your application inadmissible and the Supreme Administrative Court returns your matter to the administrative court for renewed consideration. In that case, your right to work has ended on the day when the decision of the Finnish Immigration Service was served on you.

Right to work if the Finnish Immigration Service has issued a decision on 31 August 2024 or earlier

Your right to work is determined under previous legislation. Your right to work will end when the decision is enforceable, that is when you can, by law, be removed from the country. The decision will state when the decision is enforceable and when your right to work ends. 

For more information, see the page Asylum seeker’s right to work on our website.

Updated on 13 September 2024 to clarify new rules related to extended permits.