The most important rules within the area of immigration law can be found in the Immigration Act (Act of the 15th of May 2008), the Immigration Regulations (Regulations of the 15th of October 2009) and the Citizenship Act (Act of the 10th of June 2005). Below is a brief introduction to the rules on residence permits, family immigration and citizenship.
Has your application for temporary or permanent residence permit been rejected?
If your application for residence permit has been rejected, Jussformidlingen may look into your case. If we find legal grounds for an appeal, we may also assist you in the appeal process. However, we cannot provide help in the application process.
If you intend to stay in Norway for a longer period than three months, you must have a residence permit. If you are granted a residence permit, it gives you the right to live and travel in Norway. Normally, you can also travel in and out of the country without a visa requirement upon reentry. If you have a work permit in Norway, you automatically have the right to stay. However, a residence permit does not grant an automatic right to work, as that requires an independent permit from the UDI. If you stay in the country without a valid residence permit, you can be deported and banned from the country for a certain amount of time.
A temporary residence permit must, in principle, be granted prior to entry into Norway. This means that the application for residence permit must be processed from abroad and that the applicant must wait until a permit is granted to enter the country. If you already reside inside Norwegian territory, you can, in some circumstances, be granted a preliminary residence permit until your application is processed by the authorities.
The right to reside in Norway as a foreigner is regulated by the Immigration Act (utlendingsloven). There are many different grounds for granting a residence permit. A residence permit can be granted on the basis of family reunification, education, work, asylum protection or on an independent basis. In order to apply for a permanent residence permit, you must among other things, have had a temporary residence permit for at least three years. With a permanent residence permit you have extra protection against being deported and you can live and work in Norway indefinitely.
With the exception of refugees, there is an important condition for anyone applying for permit in Norway. This is the condition of income and housing, which is based on the principle of self-sufficiency, where the applicant must be able to manage financially on his own without support from public services. Such income must be documented through imported resources or future salary that is considered sufficient enough to provide for oneself.
If a residence permit is granted, it applies only if the conditions on which you applied for persists. The UDI can recall the residence permit if the conditions change, and find legal grounds to do so. You may then reapply for a new residence permit on the basis of other conditions.
Has your application for family immigration been rejected?
If your application for family immigration has been rejected, Jussformidlingen may look into your case. If we find legal grounds for an appeal, we may also assist you in the appeal process. However, we cannot assist you in the application process.
Family immigration is a form of residence permit that is granted on the basis of the applicant’s association with the person of reference. The person of reference is the person the applicant wishes to be reunited with or to establish a family life with.
The right to family immigration is regulated in the Immigration Act (utlendingsloven) Chapter 6, which provides a list of all the possible grounds for lawful family immigration. Two important conditions which must be fulfilled, is that the person of reference has a valid residence permit and that he or she fulfills the maintenance requirements. The person of reference needs to have a certain level of income. This assessment concerns whether the person of reference has earned enough money in the last year and if it is likely that he will earn enough in the coming year. The other conditions for family immigration is listed in the specific statutes.
The right to residence after Chapter 6 can be denied if it is likely that the marriage is entered against the will of one of the two parties. In our experience, the UDI places particular emphasis on the age difference between the applicant and the person of reference, as well as the culture in their home country in the assessment of whether the marriage was entered against the will of one of the parties. It can be difficult to prove that the marriage is voluntary if there is a significant age difference, and the applicant or person of reference is from a country with a culture that endorses forced marriage.
In order to obtain a residence permit, one must also be able to document the basis for the application, for example with a birth certificate or a marriage certificate. UDI requires that such documents are attested from the right authority. This means that it in some cases is required that the documents have an apostille stamp that verifies the origin of the documents.
If a residence permit is granted, it applies only for a limited period. If conditions change, UDI may also recall the residence permit. You may then reapply for a new residence permit on the basis of other conditions.
Has your application for Norwegian citizenship been rejected?
If your application for Norwegian citizenship has been rejected, Jussformidlingen may look into your case. If we find legal grounds for an appeal, we may also assist you in the appeal process. However, we cannot assist you in the application process.
A citizenship is a legal bond between a person and a state. A norwegian citizenship entails, among other things, the right to live and work in the country, the possibility to vote in elections and to own a Norwegian passport.
The right to a Norwegian citizenship is regulated by the Citizenship Act, where Statute 7 is the most important for new applicants. Some important conditions are that the person is twelve years of age or older, has stayed in the country for at least seven of the last ten years and meets the Norwegian language and social knowledge requirements.
An application for citizenship under Statute 7 might be rejected if the applicant has been subject to penalties or criminal sanctions, or if the citizenship will affect national interests or Norwegian foreign policy.
In order to obtain Norwegian citizenship, one must also have his or her identity clarified and fulfill the conditions for permanent residence permit in accordance with Statute 62 of the Immigration Act. This Statute states that one of the conditions for citizenship is that the person have been self-sufficient for the past twelve months.
If you meet the requirements set out in the Citizenship Act and the Immigration Act, a Norwegian citizenship is normally permanent. However, there is still a possibility that the citizenship can be revoked, for instance if the State can prove that the applicant has withheld information or given incorrect information on matters of great importance at the time the application was granted, see Statute 26 of the Citizenship Act.
Jussformidlingen offers free legal aid, and free legal assistance to private individuals. We can help you no matter where you live.
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