Norwegian immigration law provides for both permanent and temporary residence permits. The terminology surrounding these permits can be complex and challenging to navigate. Terms such as permanent residence permit, temporary residence permit, right of residence, visa, and work permit often overlap, leading to confusion. This blog post aims to clarify the concept of temporary residence permits in Norway.
Norwegian law does not explicitly define "temporary residence permit"; however, in practical terms, it refers to a time-limited authorization granted by Norwegian authorities to reside in Norway. This differs from a permanent residence permit, which has no fixed expiration date. It is also distinct from a visa, which primarily grants entry rights and typically does not allow for employment and often has a shorter duration than a temporary residence permit.
A temporary residence permit shares some similarities with the concept of "right of residence," which normally refers to individuals exercising their rights under the European Economic Area (EEA) regulations. However, right of residence usually does not require an application to Norwegian authorities. Additionally, while the term "work permit" is sometimes used, work permits in Norway are generally tied to a residence permit, meaning that most residence permits automatically provide a right to work in Norway.
There are various categories of temporary residence permits in Norway.
A few examples include:
Also read: Work permits in Norway for skilled workers
A temporary residence permit is an application-based process, meaning that individuals must formally apply to the Norwegian immigration authorities to obtain one. Norwegian authorities will not issue a residence permit without receiving a complete application. In many cases, they may not even be able to assess the likelihood of approval until the application has been submitted and reviewed.
Applying for a temporary residence permit requires careful planning. The first step is determining the appropriate basis for the application. In some cases, such as professions requiring formal authorization, the applicant must secure approval from relevant Norwegian authorities before a permit will be granted. For instance, an electrician will need authorization to work as an electrician in Norway before Norwegian authorities will grant a skilled worker’s residence permit. Thus, depending on the circumstances, it may be advisable to delay the application until the necessary authorization is in place.
Also read: Registration and approval guide for foreign electrical workers
The next step involves gathering documentation, completing the application forms, and paying the required application fee to Norwegian immigration authorities. The documentation requirements can be extensive, and applicants may need to attend an appointment to submit their application. If an applicant has legal representation, their lawyer may be able to submit the application on their behalf, avoiding the need for in-person attendance.
Processing times for residence permits can be lengthy, often taking several months. During this period, applicants are generally not allowed to move to Norway or start working until they receive a decision. Violating this rule may lead to legal consequences. In some cases, applicants or their lawyers can request early work authorization, allowing them to begin working in Norway while their application is still being processed.
For applicants from countries without a visa-free agreement with Norway, an entry visa may be required before traveling to Norway. Once the residence permit is granted, there is usually no separate application process for an entry visa, but coordination with Norwegian authorities is necessary to facilitate visa issuance.
There is typically a deadline for entering Norway after the permit is issued. Upon arrival, most permit holders must meet with the police or the Service Centre for Foreign Workers (SUA) within a specified period. This process includes identity verification and ordering a residence card. Depending on the applicant’s country of origin, additional requirements, such as vaccinations, may apply after the residence permit has been approved.
Once settled in Norway, it is essential to comply with the terms of the permit. Failing to meet these conditions can impact future renewals or applications for permanent residence. In some cases, non-compliance may lead to permit revocation or expulsion from Norway.
Applicants sometimes face challenges when applying for a temporary residence permit. There is a multitude of different challenges an applicant may face, but some may be more common than others.
In family immigration cases, proving that financial support requirements have been met can sometimes be difficult. Other applicants may face challenges relating to a past marriage that causes complications when applying for family immigration with a new partner.
For work-related permits, demonstrating sufficient qualifications and relevance of the qualifications is often a key challenge. Employers must also meet specific conditions, including the ability to pay minimum wages required for different work categories.
If an application is denied, the applicant generally has the right to appeal. The appeal deadline is usually stated in the rejection notice. However, rather than appealing a rejected application, it is often advisable to seek professional assistance before submitting the initial application. Legal experts can help strengthen the case, addressing any weaknesses that might otherwise lead to a rejection.
The applicants’ rights and responsibilities may vary depending on the type of residence permit. Different types of residence permit come with different rights and responsibilities. This includes rights and responsibilities related to validity period of the permit, qualification requirements for permanent residence permit, right to apply for family members to come and live with the applicant, right to work in Norway or change employer / position, requirement to notify the police in some cases, and right or prohibition of working remotely.
Although Norwegian law does not define the term “temporary residence permit”, it can be described as a time-limited authorization granted by Norwegian authorities to reside in Norway. A temporary residence permit is an application-based process, meaning that individuals must formally apply to the Norwegian immigration authorities to obtain one.
Applying for a temporary residence permit in Norway requires a thorough understanding of the various permit types, application requirements, and compliance obligations. Navigating the process can be complex, and seeking professional assistance early on can help avoid unnecessary complications. Ensuring that all conditions are met not only facilitates approval but also lays the foundation for potential permanent residence in the future.