This blog provides an overview of specific national labour migration and work permit policies in Portugal, based on this detailed case study. We also track how single provisions match policy recommendations we developed in our 2021 report on labour migration.

Work visas from outside Portugal

Workers who wish to work in Portugal can apply for a work visa from Portuguese embassies and consulates in third countries. This pathway is not restricted to particular nationalities or certain jobs. However, positions are often poorly advertised, and it can be challenging both for employers to recruit candidates, and for jobseekers to secure a job offer, from overseas.

To apply, workers need a formal job offer or labour contract in line with Portuguese labour standards, and have the required competences and skills.

Workers also need to apply for an entry visa to enter Portugal, that is valid for up to six months. Since August 2022, people are issued a “pre-residence permit” with their visa that facilitates access to social services until the Immigration Office issues the residence permit for employed workers in Portugal (see below).

Residence permits for employed workers

Combined residence and work permits based on employment are relatively accessible for people who already are in Portugal, regardless of nationality, both if they have a residence permit or not (I.e., they have a visit visa, are staying within a visa waiver period, or are undocumented).

In order to apply, all workers need to have a passport; a formal job offer or contract of employment, in any job or sector, of at least one year; evidence of sufficient means of subsistence (not clearly defined by the law which gives some degree of flexibility); evidence of adequate accommodation (rental contract or service receipts showing place of residence); no criminal record for offences that  result in more than one year in prison nor having a valid entry ban; a social security number (except in cases of promised employment contract) and a tax number.

Application criteria vary slightly depending on the person’s current residence status, namely if they have a residence visa or if they entered Portugal regularly and have a valid entry visa or stamp showing entry, within the visa waiver period. For undocumented workers who do not fall in any of those two categories, they would need to prove they have been working and making social security contributions for 12 months. Undocumented workers can register their employment with social security, obtain a social security number and pay social security contributions. Immigration enforcement as a result of this registration remains possible, but in practice it rarely happens.

When applying for a residence permit for an employed worker without a residence visa, the person is considered as irregularly residing. During this time (it can take between one and four years to receive a final decision) applicants do not have equal access to healthcare and are excluded from most social protection measures, despite paying into the social security system. If the employer does not pay taxes, workers may be unable to regularise their status, and risk being arrested and deported. There is no fee for processing the application, only a fee for the residence permit card itself. Undocumented workers may be subject to a fine for the time they have resided in Portugal irregularly, but this is not commonly imposed.

The residence permit for employed workers is valid for two years and can be renewed for successive periods of three years. Workers can work for multiple employers, and change employer and job sector at any time, based on the same application procedure and permit.

People with a residence permit can access unemployment benefits on the same terms as Portuguese citizens (if they have been employed for 360 days), and can apply for family reunification, although the process can be costly and burdensome. After five years, workers can apply for a long-term residence permit, and after six years, Portuguese citizenship.

Government figures for 2021 show that nearly 29,000 people obtained a residence permit for employed workers without a residence visa. This figure relates to those with regular entry into Portugal, but there is no data available on how many undocumented people who entered irregularly have been able to access this scheme. This was the most common means of obtaining a residence permit in Portugal.

Job-seeking visa

Job search visas, introduced in 2022, allow people to go to Portugal to look for work. This visa is not restricted to any nationality or job type.

To get this visa, people need to register in an official platform to declare their interest in going to Portugal to find work, and indicate their academic qualifications and professional experience. Job seekers need to have valid health insurance and accommodation, and show proof of means of subsistence, defined as the equivalent of three times the minimum wage (which as of 2022 was 705€ per month, resulting in a total amount of around 2,115€). The job-seeking visa is valid for 120 days and can be extended for a 60-day period. It authorises job-seekers to enter Portugal once, reside and carry out work until the visa expires or until they are issued a residence permit for employed workers.

When the person is issued the job-seeking visa, they will also get an appointment with the immigration authorities to register for a residence permit for employed workers.

People from the eight countries in the Community of Portuguese Speaking Countries (Angola, Brazil, Cape Verde, East Timor, Guinea Bissau, Mozambique, Portugal, and São Tomé e Príncipe) are exempted from proof of valid health insurance and means of subsistence to access the job-seeking visa, if they can provide a letter of sponsorship. This is a letter in which a Portuguese citizen declares that they can cover the costs of food and accommodation for the person, as well as repatriation costs.

It is too early to evaluate the functioning of the job-seeking visa. Nonetheless, it will likely facilitate regular labour migration to the country and reduce the number of people refused entry and detained, especially for people from the Community of Portuguese Speaking Countries.

Cover image: Nick Karvounis – Unsplash

This blog provides an overview of specific national labour migration and work permit policies in Ireland, based on this detailed case study. We also track how single provisions match policy recommendations we developed in our 2021 report on labour migration.

The General Employment Permit

General employment permits are not restricted to any particular nationality, but are only granted for specific occupations. A general employment permit can only be issued when the following three conditions are met:

• The employer has advertised the position for at least four weeks on official websites and in national newspapers, and has not found any EEA national candidate;
• The employer must demonstrate that at least 50% of their workforce are EEA nationals (50/50 rule);
• The minimum annual remuneration amounts to €30,000.

Applications for a General Employment Permit can be submitted by either the worker or the employer to the Department of Enterprise, Trade and Employment. When applying for the first time for a permit, the fee is €500 for a permit up to 6 months duration, and €1,000 for a permit up to 24 months duration. The worker must also apply for an entry visa, once they have had confirmation on their work permit.

To change employer, the worker needs to apply for a whole new Employment Permit. This cannot be done in the first year of employment, and the process means paying a new fee of €1,000, a new labour market needs test, compliance with the 50/50 rule and long waiting times. As these requirements can be burdensome and expensive, in practice, it can lead to workers being effectively tied to the same employer for five years, which is the time required before applying for ‘settled status’ or citizenship.

General Employment Permit holders can only apply for family reunification after one year and must meet strict criteria – in particular regarding minimum income, which blocks family reunification for many workers. Family members of workers under this permit cannot work and need to apply for an Employment Permit in their own right.

If workers are made redundant, they can access some form of unemployment benefits, depending on how many contributions the worker accrued with previous work. When workers lose their job through no fault of their own, or when their employer fails to notify the Department when a worker is made redundant, they need to apply for a Reactivation Employment Permit.

The Reactivation Employment Permit

In Ireland, non-EU citizens who held a work permit but became undocumented through “no fault of their own” and have remained in the country can apply for a Reactivation Employment Permit. “No fault of their own” can refer to cases such as labour exploitation and abuse, closure of the workplace without previous notice, being made redundant, or failure of the previous employer to submit the redundancy notification on time.

This scheme is not restricted to any nationality. Undocumented workers who fit the criteria above can apply for this permit based on a formal offer of employment in any job, except for domestic work. It is not necessary to conduct a labour market needs test. The employer can only offer a job to a non-EEA worker when at least half of the employees are EEA nationals. Workers under this permit must earn at least minimum wage (€11.30 per hour in 2023) and work for at least 20 hours a week.

Applications for Reactivation Employment Permits can be submitted by either the worker or the employer. When applying for the first time for a permit up to 6 months, the fee is €500, and €1,000 when the duration is up to 24 months.

The Reactivation Employment Permit follows the same conditions as the General Employment Permit as regards the right to change employer, access to unemployment benefits, and apply for family reunification.

Cover image: Jenifoto – Adobe Stock

This blog provides an overview of specific national labour migration and work permit policies in Finland, based on this detailed case study. We also track how single provisions match policy recommendations we developed in our 2021 report on labour migration.

Residence permits for employed people (TTOL permits)

In Finland, the “Residence Permit for an Employed Person”, abridged as “TTOL” in Finnish, is the most widespread residence and work permit across the labour market. This pathway is open to all nationalities, and is applicable to all jobs that do not require special expertise.

To apply, workers need to hold a valid passport and have a work contract, or a formal job offer, and relevant experience or qualifications. The applicant also needs to prove sufficient means to reside in Finland.

Aside from specific exemptions, the TTOL is subject to a labour market test: the employer has to advertise the vacancy for at least two weeks on official websites, indicate the number of applications received and why no candidate was suitable.

Applications for the TTOL are submitted by the worker, who can apply from abroad or in Finland. People applying from abroad will get a residence permit card that will suffice to enter the country (there is no need to apply for an entry visa). People who are irregularly residing in Finland may be able to apply if they meet the criteria. Application fees vary from 490€ to 740€, normally paid by the worker.

Like for other residence and work permits, there are two types of TTOL permit: type A and type B.

Type A permits are linked to permanent employment and are initially granted for one year. The permit is then generally extended for four years. This is the most widespread TTOL permit.

Type B permits are far less used, and are issued when the employment is a fixed term of less than two years; they are issued for the duration of the employment, and are renewable. After two years, the worker will get a type A permit, regardless of the length of the contract.

Workers with a TTOL can change employers freely at any time during the validity of the permit, within the same occupational field or category of work for which the initial permit was issued for. It is also possible to be unemployed on the TTOL, but only holders of a type A permit can access unemployment benefits.

People applying for the TTOL are eligible to apply for family reunification. TTOL permits also allow people to apply for permanent residence and for citizenship, depending on the length of their stay.

Residence permits linked to exploitation at work

In Finland, non-EEA workers who have experienced labour exploitation or significant negligence in the workplace can apply for special residence permits due to such exploitation.

The Residence Permit due to Exploitation by the Employer is a one-year permit for people who have experienced labour rights violations and have not yet found another job.

To apply, workers need to have worked with a valid residence permit and experienced labour abuse, including wage theft and overwork, but don’t need to prove any financial means. It is not necessary to have filed a formal complaint or initiated legal proceedings. The application costs 180€.The Residence Permit due to Exploitation by the Employer is an A type permit that is valid for one year. With this permit, people have full access to the labour market and can be unemployed or take steps to start a business during the validity of this permit. Once the person finds employment, they can begin the process to apply for another residence permit.

Workers who have been victims of exploitation or significant negligence at the workplace and already have a new job offer with another employer can apply for a Certificate due to Exploitation by the Employer. In such cases, workers are not granted a new residence permit but have the right to change employer on their current permit without any restrictions. The validity of the previous residence permit stands.

To apply, the worker needs to have a job offer or work contract with a new employer. The rest of the requirements and application process are the same as the Residence Permit due to Exploitation by the Employer, with the addition that the new employer will have to file an appendix to be submitted with the application. The fee for the certificate is 65€.

Cover image: Paul Theodor Oja – Pexels

This blog provides an overview of specific national labour migration and work permit policies in Germany, based on this detailed case study. We also track how single provisions match policy recommendations we developed in our 2021 report on labour migration.

Skilled Immigration Act

The ‘Skilled Immigration Act’, which came into effect on 1 March 2020, allows qualified professionals from non-EU countries to apply – from outside Germany – for a combined residence and work permit on the basis of an offer of employment (track 1), for a job-seeking permit (track 2) or to get recognition and equivalence of professional training (track 3).

This Act covers all jobs that require at least two years of professional experience, training or academic studies. Track 2 and track 3 are currently limited until 1 March 2025. All three tracks entail cumbersome application procedures, and high costs for the workers. Most importantly, the related work permits only concern so-called “skilled employment”, although track 3 allows for broader access to work.

Track 1: Work

Through this track, workers need an offer of employment or employment contract to come to work in Germany. Once in Germany, the person can start to work, but needs to apply for a combined residence and work permit for skilled work before the entry visa expires. The permit issued is for the duration of the job contract, up to a maximum of four years, and can be renewed.

It is possible to change employer on the same permit. During the first two years, it is necessary to stay within the same profession and receive consent from the Federal Employment Agency. After two years no consent is required, the person just needs to notify the authorities of the change. After four years, the person can apply for a long-term residence permit.

Workers switching jobs do not need to apply for a new permit, nor are they required to have an offer for their next job; people can be unemployed for up to six months while looking for work. They can access unemployment benefits on the same terms as nationals.

Track 2: Job-seeking

Through this track, people who have a recognition certificate, but not an offer of employment, can also apply for a 6-month visa to look for work in their occupation. Job-seekers need to demonstrate adequate subsistence for the time they search for work, and the job-seeking visa only allows for visa holders to work for 10 hours per week, in the job they are qualified for.

Once the worker finds a job in their area of specialisation in Germany, there is no labour market test; they can apply for a combined residence and work permit based on their labour contract.

The visa cannot be extended. People can apply for it again only after they have spent the same duration abroad that was spent in Germany searching for employment.

Track 3: Education and training

Through this track, partially qualified workers can apply to enter Germany to complete their professional training and be recognised as equivalent. If the permit is granted, these workers will have 18-36 months to achieve full equivalence in skills through on-the-job training or relevant education.

Similar to the job-seeking visa, the permit for completion of professional training can be converted into a work permit; the person can apply for a combined residence and work permit from within the country based on a labour contract, without being subject to a labour market test.

Western Balkan Immigration Regulation

The West Balkan Immigration regulation is currently the only pathway for migration to work in jobs that are not considered skilled as per the Skilled Immigration Act. The regulation allows nationals of Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia to enter Germany under a combined residence and work permit, irrespective of their qualifications. This regulation was introduced in 2015 and initially intended to expire in 2020, but was extended until the end of 2023, with a new annual quota of 25,000 permits. This pathway is largely used to fill labour shortages in sectors such as construction, hospitality and cleaning.

Employment can be in any job and sector. The worker must have an employment contract or binding job offer. The position is also subject to a labour market test; the Federal Employment Agency assesses both if the job offer meets standards on working conditions and if there are employees available locally to fill the position.

Applications for this permit are made by the prospective employee, and must be submitted to the German embassy in the Balkan country. There have been significant issues with long waiting times for visa appointments.

Permits are issued for the duration of the job offer/ employment contract, and may be renewed. The worker can change employer but needs approval from the Federal Employment Agency in order to do so. People can apply for family reunification on the basis of this residence and work permit.