Self-Initiated Expatriates and Their Legal Rights in Finland: Incentives and Obstacles to Recruitment and Retention

Abstract

This chapter provides insight into the legal rights of self-initiated expatriates (SIEs) in relation to their work-life career. The approach is, therefore, interdisciplinary in a sense that the notions and rationale of SIE research in Human Resource Management Studies are translated into legal language. This chapter also takes a wider perspective on the immigration cycle, because highly skilled immigrants follow different trajectories and might have other immigration statuses before becoming SIE workers. The rights that determine the work-life career of an SIE include immigration rights as well as socio-economic rights and obligations. The conditions of residence and work permits are analysed in connection with the recruitment process, whereas the right to social security, family reunification and tax concessions are analysed together with the retention of an SIE worker. Although traditionally, immigration and integration policies have not encouraged the recruitment of self-initiated expatriates, nor have they provided extensive rights to short-term immigrant workers, nevertheless changes in Finnish legislation have removed some obstacles preventing the smooth recruitment and retention of SIEs. This has increased the openness of the immigration system to highly skilled workers. However, these changes have been targeted selectively on some privileged groups of SIEs, which might complicate the recruitment of skilled expatriates in general. In addition, providing rights as incentives has altered the basic principle of progressive inclusion based on attachment to the host country as well as equal treatment.