Applying for a new job while residence permit is expired

reindeer · Post by **reindeer** » Wed Dec 19, 2012 11:11 am

Hi,

My residence permit extension was rejected because my current company couldn't provide the needed documents to the police. Now, the case has been moved to the Administrative court and so far I haven't received any decision from them yet while my current RP is already expired. So, my question is: If I apply for a new job, will the companies require me to have a valid RP in order to get the offer? In case I get a new job, can I file a new residence permit extension application?

Thank you!

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rinso · Post by **rinso** » Wed Dec 19, 2012 12:05 pm

If you haven't supplied the documents to the Administrative court, they too will probably deny an extension.
After that refusal you have to leave.

You can apply for a new job, but you cannot start working before you got a new RP.
After you got the job you can apply for a new RP.
If you can find work before the decision of the administrative court, you can stay and wait the RP here.

reindeer · Post by **reindeer** » Wed Dec 19, 2012 1:55 pm

rinso wrote:If you haven't supplied the documents to the Administrative court, they too will probably deny an extension.
After that refusal you have to leave.

You can apply for a new job, but you cannot start working before you got a new RP.
After you got the job you can apply for a new RP.
If you can find work before the decision of the administrative court, you can stay and wait the RP here.

Thanks rinso for your reply! In fact, my company have submitted the appeal to the court with supplementary documents required by the police earlier. Based on your answer, my understanding is that I can go to the interview and if passed, agree to sign the contract and then apply for a new residence permit extension (with the new work contract) but can't start working immediately and have to wait until they grant the new RP, is that right? Btw, will the companies be willing to sign the contract when they know that my RP is expired and I am waiting for the decision from the court?

rinso · Post by **rinso** » Wed Dec 19, 2012 2:10 pm

my understanding is that I can go to the interview and if passed, agree to sign the contract and then apply for a new residence permit extension (with the new work contract) but can't start working immediately and have to wait until they grant the new RP, is that right?

yes

Btw, will the companies be willing to sign the contract when they know that my RP is expired and I am waiting for the decision from the court?

That depends on the urgency of the job and whether or not you're one of those rare specialists that can do the job.

Upphew · Post by **Upphew** » Thu Dec 20, 2012 12:05 pm

"If you do not apply for a new residence permit until your old permit has expired, you are not allowed to continue working. Your right to work is renewed when you have been granted the relevant permit."
http://www.migri.fi/working_in_finland/changing_jobs

That seems to suggest that if you have permit or new one in pipeline, you can keep on working.

rinso · Post by **rinso** » Thu Dec 20, 2012 12:33 pm

Upphew wrote:"If you do not apply for a new residence permit until your old permit has expired, you are not allowed to continue working. Your right to work is renewed when you have been granted the relevant permit."
http://www.migri.fi/working_in_finland/changing_jobs

That seems to suggest that if you have permit or new one in pipeline, you can keep on working.

In this case the RP from the original poster was already expired. An extension was denied. Only the appeal was in the pipeline.
It seems to me that continue to work without RP doesn't apply in this case.

reindeer · Post by **reindeer** » Thu Dec 20, 2012 12:48 pm

rinso wrote:
Upphew wrote:"If you do not apply for a new residence permit until your old permit has expired, you are not allowed to continue working. Your right to work is renewed when you have been granted the relevant permit."
http://www.migri.fi/working_in_finland/changing_jobs

That seems to suggest that if you have permit or new one in pipeline, you can keep on working.
In this case the RP from the original poster was already expired. An extension was denied. Only the appeal was in the pipeline.
It seems to me that continue to work without RP doesn't apply in this case.

Since the appeal has been made to the court, the extension is not finally denied and we can say that it's still ongoing (the police still keep the application and as soon as the court turns the green light, they will reprocess the case). Am I correct?

reindeer · Post by **reindeer** » Thu Dec 20, 2012 2:38 pm

"When you apply for a residence permit for an employed person and your old permit is still valid, you may continue to work in your old professional field even if the decision on your new application has not been made yet."

I applied for the extension before it was expired. Now it's being processed by the court so it hasn't been made yet. Thus, I can continue to work (I'm still working now). However, not sure if I can switch job or not (in the same professional field)? Any idea?

Upphew · Post by **Upphew** » Thu Dec 20, 2012 2:42 pm

reindeer wrote:"When you apply for a residence permit for an employed person and your old permit is still valid, you may continue to work in your old professional field even if the decision on your new application has not been made yet."

I applied for the extension before it was expired. Now it's being processed by the court so it hasn't been made yet. Thus, I can continue to work (I'm still working now). However, not sure if I can switch job or not (in the same professional field)? Any idea?

Same field would be ok in my mind. IT -> IT ok, IT -> post delivery not OK.

cors187 · Post by **cors187** » Thu Apr 18, 2013 7:03 pm

reindeer wrote:"When you apply for a residence permit for an employed person and your old permit is still valid, you may continue to work in your old professional field even if the decision on your new application has not been made yet."

I applied for the extension before it was expired. Now it's being processed by the court so it hasn't been made yet. Thus, I can continue to work (I'm still working now). However, not sure if I can switch job or not (in the same professional field)? Any idea?

Theres an option for you to submit the new work contract and the new TEM054 doc for a new job.

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.

If you have several jobs, you may apply for a residence permit for an employed person and enter several employers and professional fields on your application. Each employer must complete the form TEM054, and all forms must be appended to the application.

It could give sway to a positive decision.
What i am saying is , still work for you old employer , but submit the new employers docs into your application!

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