working right after graduation (emergency reply needed)

tareque547 · Post by **tareque547** » Mon Apr 13, 2015 5:23 pm

Hi, I need a information emergency about working resident permit after graduation. I graduated from ammattikorkeakoulu last year. While I was studying I changed my student permit (B) to work permit (A) by doing posti job. So in my resident permit, it was mentioned my working category as `postin jakaja´. I knew from my other friends that after graduation if you get a job offer from some place, you can immediately start working and just drop a application for new (open) resident permit. That means I don´t need to wait until the decision is made to start the work. So according to that theory i started working in a Kotipiza (full time ) and booked an appointment to apply new ( open ) resident permit immediately. There were no available free time on February to apply and I got the appointment after two months on 20th of April. Today my kotipizza boss called me and he said that Tarkastus people came to check the shop and they gave me him a fine for me because I dont have a proper resident permit to work in this shop. They also asked my boss to terminate my contract immediately. Now He is asking a quick answer about how I can defend this fine and save my job. Does somebody have any verified information about this matter so I can defend myself tonight for not being fired.
Thank you.

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betelgeuse · Post by **betelgeuse** » Mon Apr 13, 2015 5:38 pm

tareque547 wrote:Hi, I need a information emergency about working resident permit after graduation. I graduated from ammattikorkeakoulu last year. While I was studying I changed my student permit (B) to work permit (A) by doing posti job. So in my resident permit, it was mentioned my working category as `postin jakaja´. I knew from my other friends that after graduation if you get a job offer from some place, you can immediately start working and just drop a application for new (open) resident permit. That means I don´t need to wait until the decision is made to start the work. So according to that theory i started working in a Kotipiza (full time ) and booked an appointment to apply new ( open ) resident permit immediately.

The right to immediately start working seems to apply only to people on a student permit:

http://www.migri.fi/tyoskentely_suomess ... uorittanut

I could not find support from the Aliens Act that a degree would allow to ignore the field restriction in your A permit.

https://www.finlex.fi/fi/laki/ajantasa/2004/20040301

tareque547 wrote: There were no available free time on February to apply and I got the appointment after two months on 20th of April. Today my kotipizza boss called me and he said that Tarkastus people came to check the shop and they gave me him a fine for me because I dont have a proper resident permit to work in this shop. They also asked my boss to terminate my contract immediately. Now He is asking a quick answer about how I can defend this fine and save my job. Does somebody have any verified information about this matter so I can defend myself tonight for not being fired.
Thank you.

Have you joined a union? Contact their lawyer. If not, then either legal aid services or a regular lawyer depending on your wealth:

http://www.oikeus.fi/oikeusapu/en/index.html

Beep_Boop · Post by **Beep_Boop** » Mon Apr 13, 2015 6:13 pm

Your friend was wrong, and it's 100% your fault for listening to him without checking official sources. You cannot switch fields without being granted the new permit. Merely sending the application does NOT grant you the right to work in the new field. The student-related rule is about already having a job while on B permit and then continuing it (or starting a new one) while you're waiting for your first A permit.

Migri website clearly states the following:

http://www.migri.fi/working_in_finland/changing_jobs

If your new job is in another professional field, you must apply for a new residence permit for an employed person. You are not allowed to work in the new professional field until you have been granted the relevant permit.

Your employer (Kotipizza) is also wrong to have not made sure to verify your claim that you're allowed to work.

Take betelgeuse's advice and contact a lawyer ASAP.

tuttu · Post by **tuttu** » Tue Apr 14, 2015 12:03 am

...and don't let your boss bully you into paying his fine for him, or withholding your salary without legal reason. this is finland, after all.

rinso · Post by **rinso** » Tue Apr 14, 2015 7:38 am

Try to get the posti job back. Because you worked illegally every new application will be under extra scrutiny and will take a long time in which you cannot work.
Also the renewal is a problem if you're not working.

lovelyjet · Post by **lovelyjet** » Thu Apr 16, 2015 1:24 am

Just curious, is it required to have a contract to change professional field?

Rip · Post by **Rip** » Thu Apr 16, 2015 11:45 am

lovelyjet wrote:Just curious, is it required to have a contract to change professional field?

You need a work contract to get employment based residence permit. OP should have applied for a new permit at the graduation time, it would have been without the field restriction.

tareque547 · Post by **tareque547** » Fri Apr 17, 2015 7:38 am

Thank you guys for your reply. I got new work permit for next four years again.. The problem is getting under control slowly

I will update what happen next as soon as know.

Upphew · Post by **Upphew** » Fri Apr 17, 2015 10:30 am

Residence permit. There are no work permits.

mdn · Post by **mdn** » Thu Apr 23, 2015 12:36 pm

tuttu wrote:...and don't let your boss bully you into paying his fine for him, or withholding your salary without legal reason. this is finland, after all.

Yeah, do not let him.
You will be fined separatelyю

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