Study Leave from the workplace (residence permit)
Study Leave from the workplace (residence permit)
Hello,
I have a work-based residence permit and I am currently working. And it is A residence valid until March 2026. I would like to go on unpaid study leave for a while to study. Normally I have the right to do so by law, but I wonder if it would be a problem for my residence permit. After all, I plan to go back to my job. Does anyone have any experience with this?
Thanks in advance,
I have a work-based residence permit and I am currently working. And it is A residence valid until March 2026. I would like to go on unpaid study leave for a while to study. Normally I have the right to do so by law, but I wonder if it would be a problem for my residence permit. After all, I plan to go back to my job. Does anyone have any experience with this?
Thanks in advance,
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Re: Study Leave from the workplace (residence permit)
For how long do you want to go on unpaid study leave?vuraldo wrote: ↑Thu Oct 12, 2023 12:12 pmI have a work-based residence permit and I am currently working. And it is A residence valid until March 2026. I would like to go on unpaid study leave for a while to study. Normally I have the right to do so by law, but I wonder if it would be a problem for my residence permit. After all, I plan to go back to my job.
The old text of the law says that your residence permit can be cancelled at any time when you are not working, and this is being amended to clarify that the cancellation will be after 3 months of not working.
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Re: Study Leave from the workplace (residence permit)
Opintovapaa means the employment contract does not end so it’s not clear that the three months would apply (termination of employment is probably going to be the trigger). I would email Migri and ask what their interpretation of the current law is.FinlandGirl wrote: ↑Fri Oct 13, 2023 7:17 pmFor how long do you want to go on unpaid study leave?vuraldo wrote: ↑Thu Oct 12, 2023 12:12 pmI have a work-based residence permit and I am currently working. And it is A residence valid until March 2026. I would like to go on unpaid study leave for a while to study. Normally I have the right to do so by law, but I wonder if it would be a problem for my residence permit. After all, I plan to go back to my job.
The old text of the law says that your residence permit can be cancelled at any time when you are not working, and this is being amended to clarify that the cancellation will be after 3 months of not working.
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Re: Study Leave from the workplace (residence permit)
I was discussing what might be permitted, you are only saying Migri might not get informed by the employer.betelgeuse wrote: ↑Sat Oct 14, 2023 7:35 amOpintovapaa means the employment contract does not end so it’s not clear that the three months would apply (termination of employment is probably going to be the trigger).FinlandGirl wrote: ↑Fri Oct 13, 2023 7:17 pmFor how long do you want to go on unpaid study leave?vuraldo wrote: ↑Thu Oct 12, 2023 12:12 pmI have a work-based residence permit and I am currently working. And it is A residence valid until March 2026. I would like to go on unpaid study leave for a while to study. Normally I have the right to do so by law, but I wonder if it would be a problem for my residence permit. After all, I plan to go back to my job.
The old text of the law says that your residence permit can be cancelled at any time when you are not working, and this is being amended to clarify that the cancellation will be after 3 months of not working.
Two years of university studies without working on a residence permit on the basis of work can result in cancellation of the residence permit under current law, that won't change.
Regarding your suggestion that Migri might not get informed automatically:
Your argument would also apply to a layoff of indefinite duration, which might last years.
If such a loophole would exist, it would get closed at some point.
Implementing automatic monitoring whether salary payments in the incomes register fulfil the income requirements of the granted residence permit should be straightforward, similar to how Migri already automatically monitors study progress of people with a residence permit on the basis of studies.Programme of Prime Minister Petteri Orpo's Government wrote: The Government will investigate and implement a more effective system for supervising permit conditions.
Usually that's a good suggestion, but the law already allows cancelling the residence permit if the reason for granting it no longer exists and Migri does not yet know how cancellation will work in practice in 2024 after the legislative changes.betelgeuse wrote: ↑Sat Oct 14, 2023 7:35 amI would email Migri and ask what their interpretation of the current law is.
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Re: Study Leave from the workplace (residence permit)
The original post does not specify the length. For two year university studies probably the correct approach is switching to a student permit during studies and then back to work when they are over.FinlandGirl wrote: ↑Sat Oct 14, 2023 12:01 pmI was discussing what might be permitted, you are only saying Migri might not get informed by the employer.betelgeuse wrote: ↑Sat Oct 14, 2023 7:35 amOpintovapaa means the employment contract does not end so it’s not clear that the three months would apply (termination of employment is probably going to be the trigger).FinlandGirl wrote: ↑Fri Oct 13, 2023 7:17 pm
For how long do you want to go on unpaid study leave?
The old text of the law says that your residence permit can be cancelled at any time when you are not working, and this is being amended to clarify that the cancellation will be after 3 months of not working.
Two years of university studies without working on a residence permit on the basis of work can result in cancellation of the residence permit under current law, that won't change.
This is the current situation. There's no obligation on anyone to notify Migri and stay continues to be legal.FinlandGirl wrote: ↑Sat Oct 14, 2023 12:01 pmRegarding your suggestion that Migri might not get informed automatically:
Your argument would also apply to a layoff of indefinite duration, which might last years.
If such a loophole would exist, it would get closed at some point.
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Re: Study Leave from the workplace (residence permit)
That's why I started my first reply with:betelgeuse wrote: ↑Sun Oct 15, 2023 1:13 pmThe original post does not specify the length.FinlandGirl wrote: ↑Sat Oct 14, 2023 12:01 pmI was discussing what might be permitted, you are only saying Migri might not get informed by the employer.betelgeuse wrote: ↑Sat Oct 14, 2023 7:35 am
Opintovapaa means the employment contract does not end so it’s not clear that the three months would apply (termination of employment is probably going to be the trigger).
Two years of university studies without working on a residence permit on the basis of work can result in cancellation of the residence permit under current law, that won't change.
With the updated law clarifying the duration after which a residence permit can be cancelled, 3 months are the safe maximum unless some other rule exists.betelgeuse wrote: ↑Sun Oct 15, 2023 1:13 pmFor two year university studies probably the correct approach is switching to a student permit during studies and then back to work when they are over.
It stays legal until the residence permit expires or Migri cancels it.betelgeuse wrote: ↑Sun Oct 15, 2023 1:13 pmThis is the current situation. There's no obligation on anyone to notify Migri and stay continues to be legal.FinlandGirl wrote: ↑Sat Oct 14, 2023 12:01 pmRegarding your suggestion that Migri might not get informed automatically:
Your argument would also apply to a layoff of indefinite duration, which might last years.
If such a loophole would exist, it would get closed at some point.
You are quite naive when you believe without notification Migri could not notice that a residence permit should be cancelled.
It is a simple database query to generate a list of IDs of all people on a valid non-permanent residence permit on the basis of employment, and check on November 1st in the Incomes Register which of these people received less than 1200 Euro salary in every month in August, September and October.
Some people might have valid reasons for not working (e.g. parental leave off from their employment), but others might simply no longer fulfil the requirements of their residence permits.
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Re: Study Leave from the workplace (residence permit)
Instead of being naive I know how to read Migri web pages that explain their monitoring. They don’t secrectly do something else.FinlandGirl wrote: ↑Sun Oct 15, 2023 3:58 pm
It stays legal until the residence permit expires or Migri cancels it.
You are quite naive when you believe without notification Migri could not notice that a residence permit should be cancelled.
It is a simple database query to generate a list of IDs of all people on a valid non-permanent residence permit on the basis of employment, and check on November 1st in the Incomes Register which of these people received less than 1200 Euro salary in every month in August, September and October.
Some people might have valid reasons for not working (e.g. parental leave off from their employment), but others might simply no longer fulfil the requirements of their residence permits.
https://migri.fi/en/post-decision-monit ... ce-permits
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Re: Study Leave from the workplace (residence permit)
You are talking about today and I am talking about 2024.betelgeuse wrote: ↑Sun Oct 15, 2023 4:33 pmInstead of being naive I know how to read Migri web pages that explain their monitoring. They don’t secrectly do something else.FinlandGirl wrote: ↑Sun Oct 15, 2023 3:58 pmIt stays legal until the residence permit expires or Migri cancels it.
You are quite naive when you believe without notification Migri could not notice that a residence permit should be cancelled.
It is a simple database query to generate a list of IDs of all people on a valid non-permanent residence permit on the basis of employment, and check on November 1st in the Incomes Register which of these people received less than 1200 Euro salary in every month in August, September and October.
Some people might have valid reasons for not working (e.g. parental leave off from their employment), but others might simply no longer fulfil the requirements of their residence permits.
https://migri.fi/en/post-decision-monit ... ce-permits
The information there already says that Migri initiates a process for withdrawing the residence permit after 3 months of unemployment when they know about it, and adding automated monitoring for that based on the Incomes Register won't start secretly - it will be announced just like the announcement of Migri using the Incomes Register earlier this year or the recent announcement of automatic monitoring of student residence permits.
Re: Study Leave from the workplace (residence permit)
Thank you for the useful conversation. I think it is better not to do this, at least I will wait for some laws to be clarified.