Amendment of the Aliens Act (the so-called 3-month rule and extension of the right to work)

TEM086:00/2023 Statute drafting

The working group will prepare a government proposal for a situation where a foreign employee must leave Finland if the TCN’s employment relationship has ended and TCN has not concluded a new employment relationship within 3 months. In addition, employers will be obligated to report unemployment to the Finnish Immigration Service, and the right to work under work-based permits will be extended to sectors suffering from a labour shortage.

Project status

Basic information In progress

Project number TEM086:00/2023

Case numbers VN/24207/2023

Set by Ministry of Employment and the Economy

Task class Preparation of a government proposal

Term/schedule 8.9.2023 – 31.12.2024

Date of appointment

Relation to the Government Programme

Orpo

Luku 10 Turvallinen ja kriisinkestävä oikeusvaltio

Alaluku 10.3 Maahanmuutto- ja kotoutumispolitiikka

Law drafting

Government proposal for an act amending the Aliens Act
  • 1

    Under preparation

    Adopted in the plan for the session period on 5.2.2024
  • 2

    Current stage: Estimated week of presentation

    Estimated new week of presentation 39/2024
  • 3

    Submitted to Parliament

  • 4

    Statute adopted

The Government proposes legislative amendments to a situation where a third-country national employee must leave Finland if the TCN's employment relationship ends and TCN has not concluded a new employment relationship within three months, also taking into account possible EU regulation. At the same time, it is proposed that the right to work for work-based residence permits be extended not only to the original sector but also to sectors that can be genuinely identified as suffering from a labour shortage. In addition, an obligation to notify the Finnish Immigration Service of the termination of an employee's employment relationship is laid down for the employer under threat of a sanction.

Minister in chargeMinister of Employment Satonen

Legislative plan for autumn session 2024

Contact person
Jarmo Tiukkanen, Hallitusneuvos
tel. +358 295 047 355
[email protected]

Goals and results

In accordance with the Government Programme, work-based residence permits will be more strongly tied to work.

Summary

The working group will prepare a government proposal for a situation where a foreign employee must leave Finland if the TCN’s employment relationship has ended and TCN has not concluded a new employment relationship within 3 months. In addition, employers will be obligated to report unemployment to the Finnish Immigration Service, and the right to work under work-based permits will be extended to sectors suffering from a labour shortage.

Starting points

According to the Government Programme of Prime Minister Petteri Orpo's Government, work-based immigration is very important for Finland's economic growth and for securing services. A work-based residence permit in Finland is based on the right and obligation to work. The Government will maintain the current system of labour market tests and strive to ensure, as a matter of priority, that unemployed jobseekers already in Finland become employed.

In February 2024, the Government has outlined that this legislative proposal proposes a period longer than three months for holders of residence permits for EU Blue card, national specialists, startup entrepreneurs, and managers and experts referred to in the ICT Directive.

Read more

Preparations begin to strengthen the tie between work-based residence permits and work

Ministry of Economic Affairs and Employment Press release 8.9.2023 13.15