Residence Permit Information for the Entrepreneurs

Transcription

1 Residence Permit Information for the Entrepreneurs Marjo-Riikka Utriainen Expert, International Employment Services Pirkanmaa Employment and Economic Development Office Information Session on Entrepreneurship in English Centre for Economic Development, Transport and the Environment Tampere

2 Free Movement of Workers on EU / EEA -area Austria Belgium Bulgaria The Czech Republic Croatia Cyprus Denmark Estonia France Germany Greece Hungary Iceland Ireland Italy Latvia Liechtenstein Lithuania Luxembourg Malta The Netherlands Norway Poland Portugal Romania Slovakia Slovenia Spain Sweden Switzerland The United Kingdom 2

3 If you are an EU/EEA -citizen You have a right for unrestricted employment You must have a valid identity card or a passport You are free to reside and work in Finland for up to three months If you are staying longer than 3 months you must register your right of residence before the end of the three-month period. To register you must visit your local police. Nordic citizens are registered by the Local Registry Offices. Nordic citizens must register their stay if residing in Finland for more than six months. 3

4 What kind of residence permit an entrepreneur needs? If you are not an EU/EEA citizen, you are going to need a residence permit Two options for a residence permit type: A residence permit for a self-employed person A residence permit for an employed person The correct residence permit depends on the company form You may not begin work until you have been granted a residence permit Exceptions: eg. you already have a residence permit based on family tie 4

5 The residence permit process for employed and self-employed persons Residence permit for a selfemployed person Residence permit for an employed person Submit the application to the Finnish Embassy or to the police The Centre for Economic Development, Transport and the Environment (ELYcentre) makes a partial decision on the application Employment and Economic Development Office (TE-office) makes a partial decision on the application The Finnish Immigration Service (1. permits) or the police (extended permits) makes a final decision on the application The Embassy or the police will notify the applicant of the decision 5 Right to appeal to an administrative court

6 The application forms needed when submitting the application A residence permit application for self-employment (OLE_EHA) A residence permit application for employment (OLE_TY1) and an appendix to residence permit application for workers (TEM 0.54) All the application forms: Submit the application either to the Finnish Embassy before coming to Finland or to the police in Finland 6 A processing fee (540 / 158 ) is charged when submitting the application Take your valid passport and an extra passport photo with you to the embassy or to the police At the embassy or at the police service point you will also be fingerprinted for a biometric residence permit card E-services ( > E-services) You can apply a residence permit for employment or a residence permit for selfemployment also through the e-services of the Finnish Immigration Service(450 / 158 ) You still need to visit a Finnish embassy or a police service point in Finland to verify your identity and to present the original copies of any supplements needed for the application

7 A residence permit for a self-employed person Self-employed persons need a residence permit for a selfemployed person to practice their profession in Finland Who is a self-employed person? A person who practices a profession or is engaged in trade in his/her own name, or has a similar responsibility for a company Individually-owned business (toiminimi), A partner in an unlimited partnership company (avoin yhtiö), A general partner in a limited partnership company (kommandiittiyhtiö), A member of a cooperative (osuuskunta) who has unlimited liability for refinancing (must be entered in the Trade Register) The application is processed in two stages: 1. The centre for Economic Development, Transport and the Environment (ELYkeskus) makes a partial decision on the application 2. When the partial decision has been made, the Finnish Immigration Service (1. residence permit applications) or the police (extended permits) will process the application and make a decision on it 7

8 A residence permit for a self-employed person The Centre for Economic Development, Transport and the Environment evaluates the profitability of the business and the sufficiency of income to cover living expenses Documents needed for processing Explanation of the business idea of the enterprise If the enterprise is not yet in business: a profitability calculation (estimate of the enterprise s revenue and costs for the next two years) and copies of agreements signed with customers and partners If the enterprise is already in business (extended permits): the most recent audited final accounts and the latest updated accounts Trade Register extract or explanation why the enterprise has not been entered in the Trade Register Clarification of business premises Clarification of number of employees Clarification of professional qualifications Clarification of assets and other income The Centre for Economic Development, Transport and the Environment may ask further clarification if the documents accompanying the application are not sufficient 8

9 Additional information on a residence permit for a self-employed person Centre for Economic Development, Transport and the Environment in Uusimaa (Uudenmaan ELY-keskus) Tel

10 A residence permit for an employed person An entrepreneur needs a residence permit for an employed person when He/she is a silent partner in a limited partnership company (kommandiittiyhtiö) and he/she works in his/her own company He/she owns shares of a public limited company (osakeyhtiö) and he/she works for this company An entrepreneur must register his/her business with the Trade Register at the National Board of Patents and Registration before a residence permit can be issued A residence permit will not be granted on the grounds that a person owns shares; the person also has to work in the company, and the work must be performed in Finland The company must have business activity The application is processed in two stages: 1. The Employment and Economic Development Office (TE-toimisto) makes a partial decision on the application 2. When the partial decision has been made, the Finnish Immigration Service or the police will process the application and make a decision on it 10

11 Secured means of support (Aliens Act 73.3 ) When considering the issue of residence permits for employed persons, the authorities shall ensure that the alien s means of support are secured by gainful employment The company must pay a sufficient salary to the entrepreneur Means of support must be secured every month during the period worker s residence permit is valid When applying an extension to a residence permit for an employed person, the employment and economic development office will check that applicant s means of support have been secured during the previous residence permit for an employed person, and will evaluate that the means of support will be secured during the next permit period The definition of sufficient means of support is based on Unemployment Security Act (1290/2002) Year 2014 minimum income should be at least 1154 /month Varies every year 11

12 Documents needed for processing When the application concerns applicant s work in his/her own company the Employment and Economic Development office asks similar documents as The Centre for Economic Development, Transport and the Environment: Explanation of the business idea of the enterprise If the enterprise is not yet in business: a profitability calculation (estimate of the enterprise s revenue and costs for the next two years) and copies of agreements signed with customers and partners If the enterprise is already in business: the most recent audited final accounts and the latest updated accounts Trade Register extract Clarification of business premises Clarification of number of employees Clarification of assets and other income of the company In addition the Employment and Economic Development office may ask further clarification over the company (eg. a certificate of paid taxes from taxing authority, certificates from the insurance companies, salary certificates) 12

13 When you are hiring: employer s obligations (Aliens Act 86 a ) An employer shall ensure that an alien entering his or her service and working in his or her employment has the required residence permit for an employed person or that the alien does not need a residence permit. Check the right to work on person s passport or residence permit card An employer who employs a person other than an EU citizen or comparable person or his or her family member, or an alien residing in the country under a permanent residence permit shall submit a written information on principal terms of work to the employment office without delay Submit the information, a copy of the passport or residence permit card and a copy of the work contract or a filled TEM 0.54 form to the employment and economic development office Occupational safety and health authorities supervise this obligation 13

14 When you are hiring: employer s obligations (Aliens Act 86 a ) An employer shall keep the information on the aliens in his or her employment and on the grounds for their right to work easily available at the workplace for inspection by occupational safety and health authorities, if necessary. The employer shall store the information on the termination of the alien s employment for four years. Remember to check, submit and store! 14

15 Residence Permit Card 15

16 Residence Permit Card 16

17 Additional Information Employment and Economic Development Office Work in Finland Enterprise Finland Finnish Immigration Service Residence permit application forms Customer Service tel , mon fri 9 a.m. 3 p.m. Employed and self-employed persons tel , tue thu a.m Police Foreign Ministry 17

18 Pirkanmaa Employment and Economic Development Office, International Employment Services POST ADDRESS : P.O. Box 587, TAMPERE VISITING ADDRESS: Pellavatehtaankatu 25 Tel (mon fri, 9 a.m. 11 a.m.) Fax tyoluvat.pirkanmaa@te-toimisto.fi General advising and additional information concerning the worker s residence permit issues also from National Help Line Työlinja tel (individual clients) and tel (employers) mon-fri 8 a.m. 6 p.m. 18

19 Thank You! Web services Telephone services Expert help 19