Contributed By Brækhus Advokatfirma
The Norwegian immigration policy differentiates between citizens from the EU, EEA and Switzerland, the Nordic countries, and citizens from nations outside of this area, known as third-country nationals.
As a result of being a part of the European Economic Area (EEA) and the European Free Trade Association (EFTA), Norway is bound by the principles of promoting labour market mobility, following the right of EU/EEA citizens to live and work in any member state. The Nordic agreement goes even further by simplifying bureaucratic processes when moving across borders.
For third-country nationals, Norway maintains the sovereignty to shape its immigration policies. This enables Norway to customise regulations to its labour market needs, balancing attracting global talent with protecting economic and social stability.
While EU and EEA individuals benefit from the right to free movement across the EU, third-country nationals must generally obtain a residence permit to legally work and reside in Norway.
The political discussion regarding skilled labour immigration from outside the EU/EEA, focusing on both the quantity and the expertise of these workers, has been minimal. Over the past 20 years, Norwegian policies have been progressively liberalised to boost and welcome skilled and seasonal labour workers.
The Norwegian immigration legislation includes various categories for third-country nationals, including residence permits for workers, both posted and locally employed employees, family reunification, seasonal workers, students, and humanitarian protection. A posted employee is someone who undertakes work in a different EU member state to the one in which they would normally work. This is for a limited time.
The Norwegian immigration policy aims to facilitate the recruitment of necessary labour, both from the EU/EEA and third countries. One way to achieve this is by ensuring that Norway appears as an attractive country for secondment and employment. At the same time, the guiding principle of labour immigration policy is that immigration should not displace labour from Norway or from other countries within the EU/EEA area.
One of the challenges for Norway, to become an attractive employment destination, is the procedural matters for individuals newly arrived in the country. Lengthy processing for residence permit applications, obtaining a Norwegian personal identification number, and other administrative barriers make Norway less attractive to relocate to.
The government has initiated multiple initiatives to gain insight into the impact and outcomes of current immigration policies, with the goal of developing these policies to meet the growing labour needs. The consistent aim is to recruit the necessary work labour and facilitate the integration of immigrants already living in Norway into the job market.
Third-Country Nationals
There are no specific categories labelled as “employment permit” or “work visa”. Instead, the authorisation to work is generally incorporated into a temporary residence permit.
For individuals looking to work in Norway through a sponsor-based employment visa/temporary residence permit, several options are available depending on the type and duration of work, the skill level, and the country of origin of the applicant. Here is an overview.
The permit may be issued for up to two years at a time and can be renewed successively up to a total of six years. Once this six-year threshold is met, a mandatory two-year period of absence from Norway is required before initiating a new six-year cycle.
The client or the Norwegian part of the company, must function as a representative on the residence permit application.
The employer in Norway is required to obtain confirmation from the authorities to verify that domestic labour from Norway or the EU/EEA is unavailable, except for positions in the agriculture and forestry industries.
Individuals From the EU/EEA
EU/EEA citizens and their family members can reside in Norway for up to three months without providing a specific reason. The only condition is to hold a valid ID card or passport and avoiding being a strain on the social welfare system.
Following the initial three months, they may extend their stay by fulfilling certain requirements and registering with the Norwegian Directorate of Immigration as an EU/EEA national. One may continue residing in Norway on various grounds, with the following being the most common.
EU/EEA individuals in Norway can bring specific family members, including spouses, registered partners, cohabitants, children under 21, and dependent ascendant relatives (parents and grandparents).
Nordic citizens are exempted from the requirement to register as EU/EEA citizens in Norway.
Third-Country Nationals
The main unsponsored-based visas, temporary residence permits, are the following.
EU/EEA Nationals
Third-Country Nationals
Several countries have entered into visa exemption agreements with Norway, allowing their citizens to travel and stay in Norway for up to 90 days without needing an entry or visiting visa. Third-country citizens holding a residence permit in an EU/EEA country also benefit from this exemption.
For third-country citizens needing an entry visa to Norway, the primary categories for applying for a visa are:
Permitted Activities
Some individuals can engage in certain activities without a residence permit. Their activities and duration of stay are subject to limitations.
Business travellers
Technical experts
Offshore workers
International company training
To qualify under these categories, the stay cannot not exceed 90 days within a 180-day period. Stays in other Schengen countries may impact this 90-day period.
Non-EU/EEA citizens intending to work remote while in Norway must have a valid residence permit.
Remote work includes tasks performed from various locations for instance hotels or homes, for either Norwegian or foreign employers, or for business activities both domestically and internationally.
However, individuals may engage in some remote work for their foreign employer or in connection with their own business activities abroad. This may include tasks such as checking and responding to emails, taking phone calls, and participating in virtual meetings. It is vital that remote work is not the primary purpose of their stay and that it does not generate value in or have ties to Norway.
Engaging in remote work for an employer or client in Norway, or as part of conducting business activities in Norway, is not permitted.
Norway does not impose specific language requirements for most visa categories.
Individuals applying for a permanent residence permit or Norwegian citizenship generally need to have completed mandatory training in Norwegian language and social studies and passed final exams or provide documentation of exemption granted by the municipality.
There are no medical certificate requirements or a requirement to have received certain vaccinations.
Individuals arriving from countries with a high incidence of tuberculosis are mandated to undergo testing if they intend to stay in Norway for more than three months.
If subject to this requirement, they must promptly reach out to the local municipal health services in their area of residence, as these authorities are responsible for conducting the tuberculosis screening.
The BCG vaccine is recommended for all children born to one or both parents from a country with a high incidence of tuberculosis.
Salary Levels
Norway does not have a statutory minimum wage that universally applies across all sectors and professions. However, minimum wage rates have been implemented in particular sectors through the formal extension of collective bargaining agreements, ensuring sector-specific wage floors for employees in these sectors.
When applying for a residence permit in Norway as a local employed or seconded employee, an important consideration is the presence of collective bargaining agreements or industry-specific regulations. If no collective bargaining agreement or regulations exist for that sector, offered compensation and working conditions must align with what is typically expected for their specific profession and geographic location.
Where standard wage levels are unclear or unavailable, there is a statutory requirement for employers to meet certain minimum salary conditions effective as of 1 May 2023.
These salary tiers are adjusted annually to reflect changes in the economic climate. It is also important to be aware that only cash salary components are considered in line with the thresholds.
Qualifications
To be eligible for a residence permit in Norway as a skilled worker, an applicant must have vocational training, a craft certificate, a university degree or be qualified as having special qualifications.
Certain professions, like doctors, nurses, and electricians, require specific approval or authorisation, which is issued by the relevant directorates or regulatory bodies responsible for overseeing these fields.
Relevance between qualifications and work tasks.
Applicants must have qualifications relevant to the job or assignment in Norway. The evaluation is made based on the job description, the employer’s explanation of the required qualifications for the position and the reasons why the applicant’s qualifications are necessary, along with the level of salary offered.
If the salary offered is low, it might imply that the position does not require the expertise typically associated with a skilled worker.
Accommodation
Applicants must also provide proof of suitable housing for their stay and work in Norway. Adequate housing is defined as access to a house, apartment, studio, or similar accommodation that meets minimum standards. If the applicant intends to rent, a copy of a written lease agreement must be included with the application.
Conduct
A residence permit application may be rejected if there are reasons justifying the refusal of entry or residence to the foreign national under other legal provisions, despite meeting all the conditions and requirements.
For skilled workers seeking employment in Norway, the general rule is full-time employment with a single employer.
However, following a specific assessment, exceptions to the full-time employment requirement for just one employer may be made. For instance, positions down to 80% full-time equivalent can be approved. On-call shifts, casual work, and similar arrangements cannot be included when calculating the percentage of employment.
Exceptions to the requirement of having employment with a single employer can also be made. It must be the applicant’s unique expertise or circumstances related to the profession that justify the exception.
The processing time for applications can vary based on the type of application, the location of submission, the current workload of the authorities, and other changes in the global landscape.
Applications for temporary residence permits based on local employment or for secondment are currently (as of June 2024) processed within eight weeks.
For family reunification cases, the processing time can extend up to 11 months. However, if family members submit their applications simultaneously with the working family member, their applications will be synchronised with the expedited eight-week processing timeline for the principal working applicant. This ensures that families are not subject to undue delays and can plan for their relocation in a timely and efficient manner.
Third-country nationals from visa-exempt countries who apply from outside Norway are permitted to enter while their applications are being processed. Those who apply from within Norway may remain but must avoid travelling within the EU/EEA if they have exceeded the allowed days in the Schengen area.
Individuals requiring an entry visa and applying from outside Norway can apply for the entry visa separately or await the outcome of their residence permit application before planning travel to Norway. Once the residence permit is approved, an entry visa is typically issued and sent to a Norwegian Embassy abroad.
There is no universal fast-track system for expediting temporary residence permit applications. While a few circumstances may qualify for priority processing, such instances are uncommon and subject to stringent eligibility criteria.
Early Employment Start
Certain local police stations in Norway can grant an early employment start, enabling an individual to commence work while their residence permit application is pending. For early employment approval, the applicant must either be:
During this period, the employee cannot change employer or client. If the application for a temporary residence permit is denied, work authorisation under this provision immediately ceases as of the decision date.
Permit to Work During the Application Processing
This is similar to the early employment start and can be granted by both the police and the Norwegian Directorate of Immigration (UDI). The permit also allows the applicant to work while their residence permit is being processed.
Upon first arrival in Norway, individuals intending to work must undertake the following steps.
Application fees for Norwegian residence permits and visas are as follows.
Additional service fees apply when using a Visa Application Centre.
EU/EEA nationals can register without a fee. Residence card applications for non-EU/EEA nationals, if eligible under EU/EEA rules, are also free of charge.
The application fee for a temporary residence permit can be paid by either the applicant, the Norwegian employer, or by the Norway-based client. The fee must be paid when submitting the online application.
Authorities may enforce action against individuals or sponsors for immigration violations, for instance:
Consequences may include fines, expulsion orders, entry bans for a specific period, or other legal penalties.
Employers hiring foreign workers have obligations which include ensuring that employees have the necessary work permits and complying with Norwegian labour laws concerning wages and working conditions.
Penalties for non-compliance range from fines to revocation of the right to sponsor workers. In severe cases, criminal charges could be applied.
Norway has not implemented a formal Right to Work check (RTW) similarly to some other countries. Despite this, employers are legally responsible for verifying that their employees have the required permissions to work legally in the country.
Additionally, certain sectors require workers to possess a Health, Safety and Environment (HSE) card. This card is mandatory in industries like construction and is part of the measures to improve the working environment and ensure safety on work sites. Employers are responsible for applying for and providing HSE cards to their employees.
All assignments carried out by foreign contractors, and all employees working on these assignments, must be registered in the Assignment and Employee Register (OAR). This registration helps maintain oversight of foreign entities operating in Norway and ensures compliance with national labour and tax laws.
For obtaining a dependent residence permit in Norway, the recognised family relationships include:
Eligible family members may apply to join or accompany the main residence permit holder, provided they meet all relevant requirements.
A dependent visa, granted for family reunification, authorises the recipient to work in Norway without needing an additional work permit.
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