Denmark
Faroe Islands take over responsibility for processing residence permit cases
On 1 September 2024, the Faroese authorities (Útlendingastovan) will take over responsibility for processing residence permit cases in the Faroe Islands from the Danish Agency for International Recruitment and Integration (SIRI) and the Danish Immigration Service.
The change means that all applications for residence permits in the Faroe Islands submitted from 1 September 2024 will be processed by Útlendingastovan in the Faroe Islands. This applies to first-time applications, applications for extension of current residence permits and applications for permanent residence permit. Finally, it also applies to re-entry permits.
However, applications for residence permits in the Faroe Islands under the Ukraine Special Act are exempt and will continue to be processed by the Danish Immigration Service after 1 September 2024.
Those who have submitted an application to SIRI or the Danish Immigration Service before 1 September 2024 for a residence permit in the Faroe Islands, and who have questions about a pending case or additional information, must contact SIRI or the Danish Immigration Service.
Those who have submitted an application from 1 September 2024 for a residence permit in the Faroe Islands, must contact Útlendingastovan if they have questions or for additional information about their application.
Finland
Stricter identification requirements for residence permit applicants
The Finnish Immigration Service (Migri) has confirmed that, effective 1 September 2024, amendments to the Aliens Act have introduced stricter identification requirements for residence permit applicants.
Applicants for a residence permit must have a valid passport issued by their country of nationality. As of 1 September 2024, Migri cannot grant a residence permit if the applicant does not hold a passport issued by their country of nationality. Applicants who instead have a refugee travel document or an alien’s passport issued by Finland or some other country cannot obtain a residence permit in Finland.
The stricter requirement also applies to applications submitted before 1 September 2024 that are already being processed.
Those who have been issued with an alien’s passport for the purpose of obtaining a passport from their country of nationality should make sure to obtain it as soon as possible.
Exceptions to the passport requirement on application for a first residence permit or an extended permit
Migri will not reject a residence permit application because the applicant does not have a passport in the following cases:
- The applicant is a child born in Finland.
- Migri will issue the child with an alien’s passport so that the child can obtain a passport issued by his or her country of nationality.
- If the child’s country of nationality has an embassy or a consulate in Finland, the child must primarily obtain a passport issued by his or her country of nationality.
- The applicant needs a residence permit on a discretionary basis on humanitarian grounds.
- The applicant is a victim of human trafficking.
- The applicant is applying for asylum or temporary protection.
- The applicant is applying for a residence permit as a family member of a person who has received international protection and the applicant is granted international protection.
Exceptions to the passport requirement on application for a permanent residence permit
Applicants for a permanent residence permit are not required to hold a passport issued by their country of nationality if they have previously been granted
- international protection or temporary protection or
- a residence permit when exclusion clauses have been applied.
Applicants are not required to have a passport issued by their country of nationality if they can prove that they have tried to obtain such a passport, they have presented reliable proof of their identity and they have previously received a residence permit despite not having a passport
- due to obstacles to leaving the country
- on a discretionary basis on humanitarian grounds
- as a victim of human trafficking
- as a third-country national who has resided and worked in the country illegally
- as a foreign national in a witness protection programme.
Additionally, applicants still need to meet the requirements for the permit.
A permanent residence permit can also be granted when the applicant does not have a passport if there are exceptionally serious grounds for it or if it is in the best interest of the child.
The Ministry of Interior announced the stricter requirements in July 2024.
Forthcoming increases in income required for residence permit applications
The Finnish Immigration Service (Migri) has announced that the income thresholds determined by the Finnish Immigration Service will increase on 1 November 2024 and will apply to applications submitted on or after that date.
- The income threshold changes concern the following work-based permits: residence permit for persons with a degree or qualification completed in Finland; residence permit on the basis of research completed in Finland; residence permit for startup entrepreneurs. In addition, the thresholds apply to the residence permit for a researcher when there is own funding involved.
- The new income thresholds are not applicable to the residence permit for an employed person. However, a possible increase of the income threshold for that permit is currently under preparation.
- New income thresholds also apply to permits for studies, au pairing and working holiday.
The new income requirements for work-based permits are as follows:
| Family size | Current income threshold | Income threshold as of 1 November 2024 | |||
| €/month | €/year/ person | €/month | €/year/ person | € month/year (the whole family) | |
| 1 adult | 1000 | 12,000 | 1210 | 14,520 | 1210 / 14,520 |
| 2nd adult living in the same household | 700 | 8400 | 610 | 7320 | 1820 / 21,840 |
| First child | 500 | 6000 | 610 | 7320 | 2430 / 29,160 |
| Second child | 400 | 4800 | 480 | 5760 | 2910 / 34,920 |
| Third child | 300 | 3600 | 360 | 4320 | 3270 / 39,240 |
| Fourth child | 200 | 2400 | 360 | 4320 | 3630 / 43,560 |
| Fifth child | 100 | 1200 | 360 | 4320 | 3990 / 47,880 |
- The income threshold increases by 360 euros per each child starting from the third child.
- The sums presented in the table are net earnings.
For students, the income threshold is currently EUR 560 per month. Effective 1 November 2024, the threshold for students will be EUR 800 per month. The same income threshold will be applied to the residence permit issued for a student or researcher to look for work or to start a business. The income thresholds applicable to family members of students will increase as presented in the table above.
The income threshold for au pairs (the amount of pocket money) is currently EUR 280 per month. Effective 1 November 2024, the income threshold for au pairs will be EUR 340 per month.
The income threshold for working holiday applicants is currently EUR 2000 for the first three months. Effective 1 November 2024, the income threshold for working holiday applicants will be EUR 2450 for the first three months.
Ireland
New employment permit rules take effect
The Employment Permits Act 2024 came into effect on 2 September 2024 and introduces new and amended provisions to the current legislation
The Employment Permits Act will introduce a number of changes to the existing system, including:
- the introduction of a Seasonal Employment Permit;
- the ability to change an employment permit to a new employer after nine months;
- allowing permit holders to be promoted within their roles without the need for a new permit;
- changes to the Labour Market Needs Test requirements;
- requiring additional conditions such as training and accommodation support for employment permit holders;
- allowing for non-consultant hospital doctors to have a permit which will allow them to work at multiple sites.
Seasonal Employment Permit
The new Seasonal Employment Permit is a short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment, for example, soft fruit picking. It is designed to support targeted economic sectors, such as horticulture and agriculture, in addressing labour shortages and will be renewable across multiple years for the set calendar season. Arrangements for the provision of accommodation and health insurance will be included in the scheme. The permit will be first introduced under a limited pilot scheme later this year with the intention that it commence in early 2025.
Change of employer
The Act introduces a new provision allowing certain employment permit holders to change their permit employer to another employer after a period of nine months on their first permit in the State has passed.
The change of employer applies to the General Employment Permit (GEP) and the Critical Skills Employment Permit (CSEP).
The holder of a GEP can apply to change to an employer within the type of employment for which they have been granted a permit. For example – a meat processing operative can only move to another meat processing role. The holder of a CSEP can change to an employer across a broader category of employments, for example. different engineering roles. The additional flexibility for CSEP holders is due to the fact that their roles are identified on the Critical Skills Occupations List indicating a high demand for these skills in the labour market.
Progression within the role
The Act aims to improve the status and employment opportunities of permit holders by providing a provision to allow for promotion and internal transfer in the same company where a permit holder would use the same skills. This removes the requirement for the permit holder to undergo a new employment permit application process where they remain with the current employer but have been granted a promotion or uplift. This will reduce the administrative burden for companies and permit holders and reduce accidental non-compliance with employment permits legislation.
Modernised Labour Market Needs Test
The Act also addresses the inflexibility inherent in the Labour Market Needs Test, which requires that a role be advertised across the EEA and in print media prior to a permit being sought. The new Bill will simplify the process by requiring employers to publish vacancies online only and will reflect modern advertising practices. Moreover, by moving operational detail into secondary legislation the Labour Market Needs Test can continue to be amended as recruitment practices evolve over time, balancing the protection of the EEA labour market with the needs of employers.
Other changes
The regulations giving effect to this new law were signed on 28 August 2024 and also extend employment permit quotas for two key roles. A new quota of 500 permits will be granted to the home care sector – for home carers. Recognising the ongoing need for workers in this important sector which supports older people to remain in their own homes for as long as possible. A further quota of 250 permits will be issued to lineworkers to help relieve the pressure on the ESB Networks’ overhead line framework contractors and ensure the necessary skills are available to achieve government priorities including the Climate Action Plan 2023 and Housing for All.
Netherlands
Intermediaries now require chain authorisation to use Business Portal on behalf of employers
Business customers of the Immigration and Naturalization Service can use the Business Portal to submit applications.
eHerkenning (a single, standardized login system) is required to log in to the Business Portal. An intermediary (another company or organization) can use the Business Portal on the registered sponsor’s behalf.
Effective 4 November 2024 intermediaries can only log in to the Business Portal with a chain authorization. An authorisation by the IND is then no longer valid. This authorisation will automatically end on 4 November 2024. Make sure by then to register a chain authorisation with your supplier of eHerkenning. It is no longer possible to register an authorisation with the IND.
The Business Portal is currently only available for recognized sponsors and their authorized intermediaries. The following services are available:
- submit applications;
- view the status of submitted applications
- register or de-register an employee;
- report a change in the situation of an employee or recognized sponsor
- view account information;
- access to file documents.
United Kingdom
Error in going rate salaries for some occupations in immigration rules
The Home Office has confirmed errors in the salary going rates for certain occupation codes as published in the statement of changes to the immigration rules in March 2024.
The Home Office advises sponsors of skilled workers to refer instead to the going rates in the guidance which was updated with the correct, lower rates on 10 July 2024.
For example, the correct going rate for ship and hovercraft officers (occupation code 3512) is GBP 50,200 (as stated in the updated guidance) rather than GBP 66,300 (as listed in Appendix Skilled Occupations of the immigration rules).
The salary changes announced on 14 March 2024, which took effect on 4 April 2024, increased the general salary threshold for the skilled worker route from GBP 26,200 to GBP 38,700. The going rate salary is now based on the median salary for the occupation code, rather than the 25th percentile as previously.
Under transitional provisions, individuals granted permission as a skilled worker under the rules in place before 4 April 2024 and who have held continuous permission as a skilled worker since. For these individuals a lower general salary threshold of GBP 29,000 applies, as well as a lower going rate based on the 25thpercentile for their occupation code. This also applies to workers sponsored for a Health and Care visa, or in occupations where going rates are set using national pay scales.
The Home Office has promised to correct the erroneous going rates in the immigration rules in the autumn.
