Wild-berry pickers are applying for a residence permit for the first time – all applications have been processed

The Ministry for Foreign Affairs of Finland has suspended the reception of Schengen visa applications from wild-berry pickers at the Embassy of Finland in Bangkok this spring. Wild-berry pickers from Thailand are not granted Schengen visas for the 2024 summer harvest season. When making the decision, the Ministry for Foreign Affairs has taken into consideration the serious charges and suspicions related to trafficking in human beings during the 2023 harvest season and the legislative amendments that have entered into force in Thailand.

Wild-berry pickers are required to hold a residence permit for an employed person, as working in Finland as a foreign national is subject to a permit and wild-berry picking falls outside the scope of the Seasonal Workers Act. For the first time, the same requirements and the same examination apply to wild-berry pickers’ work as to other employment relationships of employees recruited from abroad.

Applications for a residence permit for an employed person are processed in two stages. When an application has been submitted and the applicant has visited a Finnish mission to prove his or her identity, the application is first processed by an Employment and Economic Development Office. The Employment and Economic Development Office makes a partial decision that includes labour market testing. The Finnish Immigration Service then assesses whether the conditions for residence in the country are met and which risks are involved, and makes a decision on the application.

Two thirds of all applicants received a residence permit –responsibility efforts should continue in the wild-berry sector

All about 1,300 applications submitted by wild-berry pickers so far have been processed. There have been about 900 positive decisions and about 400 negative decisions. All applicants are Thai citizens.

According to the observations made by the Finnish Immigration Service while processing the applications, there are still challenges in the sector. If indications of labour exploitation or human trafficking have been found in the application under the Aliens Act, the decision has been negative.

“Even if the terms of employment comply with the requirements on paper, we also use interviews to assess the situation. If the information given by the employee and the employer about income or terms of employment have differed essentially and considerably, we have investigated the matter,” says Process Owner Tuuli Huhtilainen who is responsible for the processing of residence permits for employed persons.

The Finnish Immigration Service pays special attention to the risk of labour exploitation if the applicant’s net income is unreasonably low or if the charges for accommodation or meals are unduly high. At worst, the applicant has been at risk of getting into debt for working. The Finnish Immigration Service also pays special attention to the applicant’s limited possibility to contact authorities independently. There are often coordinators between employees and employers, who take their share of the income.

“Wild-berry pickers are often in a vulnerable position, because they may not share a common language with their employer or know their rights in Finland, for example,” says Huhtilainen.

The Finnish Immigration Service examines the conditions of pickers in Finland as a whole in close cooperation with other authorities. After the wild-berry pickers have arrived in Finland, the Regional State Administrative Agency monitors that the terms of employment are applied in practice.

This year’s arrangements have been exceptional. The Ministry of Economic Affairs and Employment has requested comments on legislative amendments that aim to extend the scope of the Seasonal Workers Act to cover wild-berry pickers. Currently, the act covers those picking garden berries, for example. The amendments will enter into force for the harvest season of 2025.

Permit applications were processed quickly

Finnish authorities were resourced to process residence permit applications from Thai berry pickers before the berries would be ripe for picking. The applications were mainly submitted at the end of May or in June.

“The cooperation between the authorities has been successful, and additional resources have enabled the Finnish mission in Bangkok to offer appointments for submitting applications and to conduct hearings. The Employment and Economic Development Offices and the Finnish Immigration Service have processed the applications quickly,” says Huhtilainen.

This summer, the average processing time for positive decisions has been 20 days. The processing time for negative decisions has been slightly longer, 35 days. Hearings of wild-berry pickers and requests for additional information from employers have constituted a large part of the processing time. The Finnish Immigration Service has also spent time on careful overall consideration.

“We understand that the new permit procedure in the sector has its challenges for employers, and we have wanted to give them enough time to submit the additional information that is necessary,” says Huhtilainen.

After receiving a residence permit in Finland, wild-berry pickers still need permission to leave Thailand from local authorities. Finnish authorities cannot influence the processing of permits by Thai authorities.

“We will process wild-berry pickers’ applications throughout the summer, if necessary, and follow a new procedure next year,” says Huhtilainen.

Media enquiries

• Press release by the Ministry for Foreign Affairs, 15 March 2024: Foreign Ministry suspends reception of berry pickers’ visa applications in Thailand – Government
• Press release by the Finnish Immigration Service, 14 June 2024: Summer berry season: Ukrainians employed on farms; Thai wild berry pickers must have an employment contract for the first time | Finnish Immigration Service (migri.fi)
• Decision by the Chancellor of Justice, 24 June 2024 (in Finnish): Instructions by the Ministry for Foreign Affairs to suspend reception of tourist visa applications by wild-berry pickers | Chancellor of Justice
• Press release by the Ministry of Economic Affairs and Employment, 27 June 2024: Legislative changes to improve the status of foreign berry pickers sent out for comments – Government