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Legislation On Students and Researchers From Outside the EU to Be Amended

Legislation On Students and Researchers From Outside the EU to Be Amended

Picture: iT@c

 In the new legislative proposal to the Aliens Act submitted by the government to the parliament on March 22, all researchers would receive a researcher’s residence permit, regardless of whether the research is in an employment relationship or, for example, receiving a grant.
The goal of this act implementing the EU directive on students and researchers is that most students completing their degrees in EU countries stay and work in the Union.

The residence permit would be granted continuously for two years. Currently, a permit may be temporary or continuous, and often, it is granted for one year. The extended residence permit would be granted for a maximum of four years.

All students would continue to be granted a temporary residence permit, but as a rule, it would be granted for two years instead of one year if the conditions (incl. sufficient financial resources) are met throughout the stay. If the conditions were not fulfilled for two years, it would still be possible to grant a permit for one year. The extended permit would also be granted for up to two years at a time.

The directive concerns higher education students but, for the sake of clarity, provisions applying to all students would be incorporated into the new act. Permit conditions would remain largely unchanged, and tuition fees would now be included in the act as a condition of granting a permit if the applicant is covered by a requirement to pay tuition fees.

At present, only graduates have had the opportunity to receive a one-year job-seeking permit. Through the directive, both students and researchers may receive a residence permit for job-seeking and starting business activity, after they have completed their studies or research. This residence permit would also continue to be granted for one year.

[alert type=white ]Through the directive, both students and researchers may receive a residence permit for job-seeking and starting business activity, after they have completed their studies or research.[/alert]

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Students’ right to work under the current Aliens Act would be transferred to the new act, but no changes are proposed to its extent.

The new act would also lay down provisions on the conditions by which it would be possible to come to Finland to research and study under a residence permit granted by another EU member state.

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A notification would be made to the Finnish Immigration Service, which would have 30 days to ascertain whether there were any security-related barriers, for example, to movement. A researcher or student utilizing intra-EU mobility have to fulfil the conditions set by Finland, including terms of employment and adequate means of subsistence.

The implementation of the directive applies only to training within an employment relationship. Provisions on work-related training would be centralized in the new act. The directive covers applicants who have completed a higher education degree within the two years preceding the date of application, or who are pursuing a course of study that leads to a higher education degree. The traineeship should not replace a job.

The new act would apply only to voluntary service within the scope of the EU’s voluntary programmes, not any kind of voluntary work.

In addition, it is proposed, unrelated to the implementation of the directive, that the Aliens Act would lay down provisions on a residence permit granted on the basis of an au pair placement.

The acts are scheduled to enter into force on May 15, 2018.

Source: The government

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