Finland: New In-Country Change of Status Restrictions
September 11, 2024
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At a Glance
- According to a new government regulation, visa-exempt nationals and Schengen Visa holders can no longer apply in-country for a Finnish Residence Permit for a Specialist or EU Blue Card, with limited exceptions.
- Foreign nationals seeking to change their immigration status from one of the affected categories to the above work authorizations will need to leave Finland and apply for work authorization abroad, which will result in administrative hurdles and reduced onboarding flexibility.
The situation
As of September 1, 2024, some categories of foreign nationals can no longer change their immigration status while in Finland.
A closer look
- Affected applicants. Visa-exempt nationals and Schengen Visa holders can no longer apply in-country for a Finnish Residence Permit for a Specialist or EU Blue Card.
- Exceptions. The following applicants, who are also in the above categories, are exempt from this restriction and can still change their status in country:
- family members of a Finnish citizen;
- those applying for a residence permit for a child born in Finland;
- those applying for a residence permit for studies or who are a family member of a student; and
- those are applying for a residence permit for a researcher or who are a family member of a researcher.
Background
This restriction follows other recent restrictions on foreign nationals in Finland, including requiring residence permit applicants to submit a valid passport issued by their country of nationality as part of their applications (whereas previously, they could use passports issued by countries (including Finland) other than their country of nationality; and increasing the residency requirement for Finnish citizenship applications to eight years (up from five years).
Impact
Foreign nationals seeking to change their immigration status from one of the affected categories to certain work authorizations will need to leave Finland and apply for work authorization abroad, which will result in administrative hurdles and reduced onboarding flexibility.
Looking ahead
There are other immigration restriction proposals currently under review in Finland, including:
- a law that would require unemployed work-based residence permit holders to find a new role within three months (or six months in certain situations) of losing their job, or face deportation;
- a potential ban on foreign nationals from purchasing real estate; and
- legislative amendments that would prohibit asylum applicants from switching to a work-based or education-based residence permit application pathway.
We are monitoring these developments and will report on related updates.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
