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Norsk
Attention Repealed and outdated documents

UDI circulars

RS 2010-003
Document-ID : RS 2010-003
Case-ID : 09/2037
Last modified : 21.05.2012
Documentdate : 01.01.2010
Receiver :

Chiefs of Police
Foreign service missions
 

Entry visa for a foreign spouse/ registered partner or joint children who wish family immigration – the Immigration Act section 12, cf. the Immigration Regulations sections 3-13 first paragraph and 10-1 first paragraph letter e)

1. Introduction

2. Submission of an application for an entry visa (D visa)

3. Conditions for an entry visa

3.1. Who can be granted an entry visa pursuant to this circular? Conditions and documentation requirements

3.2. Requirements concerning the sponsor. Conditions and documentation requirements

3.2.1. Norwegian nationals

3.2.2. Foreign nationals resident in Norway

3.3. Interview

3.4. Other conditions

4. Doubts and rejection

5. Power of decision

6. The contents of the entry visa

7. Appeals

8. Information to the applicant when an entry visa has been granted


1. Introduction

In this circular, the Directorate of Immigration describes the guidelines for issuing entry visas (D visas) to a foreign spouse/ registered partner or joint children of defined groups of persons. Cohabitants and children who are not the joint children of the parties are not covered by this circular.

The main rule is that a residence and work permit must have been granted before the foreign national can enter Norway, cf. the Immigration Regulations section 10-1 first paragraph. This means that applications must be submitted from the applicant’s home country. Persons who are staying in Norway on an entry visa pursuant to this circular can apply from Norway for a residence permit for family immigration, cf. the Immigration Regulations section 10-1 first paragraph letter e). Correspondingly, persons who have already applied for a residence or work permit may, in certain cases, be granted an entry visa so that they can travel to Norway to await an answer to their application.

Please note that an entry visa pursuant to this circular can be granted in certain exceptional cases. It is a condition that there is no doubt about whether the conditions for family immigration are met. For more detailed guidance about when doubt shall be deemed to exist in a case, see section 4 below.

The main purpose of the system of entry visas is to channel cases in which there is no doubt and which the police are competent to decide out of the Directorate. It is also regarded as expedient that applicants in clearly routine cases can avoid having to wait abroad until an application for family immigration has been processed.

2. Submission of an application for an entry visa (D visa)

An application for an entry visa must be submitted with the required enclosures for an ordinary application for family immigration.

The application must be submitted in person at a Norwegian foreign service mission in the country in which the applicant is either a citizen or has had a residence permit for the last six months, cf. the Immigration Regulations section 10-2 third paragraph.

A fee must be paid corresponding to the fee for an application for a Schengen visa, cf. the Immigration Regulations section 17-2 second paragraph. If, in connection with the application, the applicant also applies for family immigration, the ordinary fee for this will also be charged, cf. the Immigration Act section 89 and the Immigration Regulations section 17-11.

An entry visa pursuant to this circular can be granted irrespective of whether the applicant submits an application for family immigration at the same time, has already submitted such application or intends to apply for a permit after entry into Norway.

3. Conditions for an entry visa

An overview of the conditions for an entry visa is provided below. The conditions concern both the applicant (3.1) and the sponsor in Norway (3.2). It is also a condition that no doubt exists in relation to the case (see 4).

3.1. Who can be granted an entry visa pursuant to this circular? Conditions and documentation requirements

In the following, an overview is provided of the categories of applicants who can be granted an entry visa pursuant to this circular.

Spouses or registered partners

It must be documented that a valid marriage or partnership has been entered into. The applicant must present an original marriage certificate.
It is a condition that both spouses or registered partners were over the age of 18 years on entering into the marriage/ partnership.
It is a condition that neither of the parties was married to one or more other persons at the time the marriage was entered into.
The marriage cannot have been entered into by proxy.
It is a condition that the spouses intend to live together in Norway.

Children

The family relationship must be documented by presenting an original birth certificate.
Only joint children who are to travel together with the principal applicant are covered by the entry visa scheme, cf. the Immigration Regulations section 42 first paragraph. Children of one of the spouses from a previous relationship are not covered by this scheme.

If the above-mentioned conditions are not met, the foreign service mission shall reject the application for an entry visa pursuant to the provisions of the Public Administration Act.

3.2. Requirements concerning the sponsor. Conditions and documentation requirements

In the following, an overview is provided of the categories of persons who can be sponsors in connection with applications for an entry visa pursuant to this circular.

3.2.1. Norwegian nationals

The sponsor must be a Norwegian national who is resident in or intends to settle in Norway.

3.2.2. Foreign nationals resident in Norway

The following foreign nationals can be the sponsor in an application for an entry visa:

  • Nordic nationals. For spouses, both parties are required to be over 23 years old.
  • Foreign national with a permanent residence permit. For spouses, both parties are required to be over 23 years old and the marriage must have taken place before the reference person entered Norway, or the parties have conceived a joint child before the reference person entered Norway.
  • Foreign national with an individual permit to work in a group, as long as the parties have been married for at least 3 years.

The sponsor must intend to remain resident in Norway.

If the applicant is married to a sponsor who has a permanent residence permit affixed to or stamped in his or her travel document, an entry visa shall not be issued if the foreign service mission has information that indicates that the sponsor has stayed outside Norway for more than two years. Reference is made to the fact that a residence permit lapses if its holder has stayed outside Norway for a continuous period of more than two years.

On submission of an application for an entry visa, it must be documented that the sponsor is either resident in or intends to move to Norway, and it must be substantiated that the parties intend to live together in Norway after entry.

If the above-mentioned conditions are not met, the foreign service mission shall reject the application for an entry visa pursuant to the provisions of the Public Administration Act.

3.3. Interview

As a rule, applicants who have submitted or wish to submit an application for family immigration with a spouse cannot be granted an entry visa until the sponsor has attended an interview with the immigration authorities in Norway. This follows from the Immigration Act section 56 fourth paragraph, cf. the Immigration Regulations section 10-5.

This does not apply if:

  • The sponsor has attended an interview in Norway in connection with the case before the marriage was entered into, or
  • the sponsor has reached the age of 25 years, or
  • the parties have previously lived in an established cohabitation relationship in Norway while both held a work or residence permit.

3.4. Other conditions

All of the following conditions must also be met before an applicant can be granted an entry visa:

  • The applicant must document his or her identity by presenting a valid passport or other approved travel document, cf. the Immigration Act section 8 first paragraph.
  • Grounds must not exist for rejection or expulsion.
  • Grounds must not exist for refusing the applicant entry into Norway pursuant to other provisions of the Act.
  • The applicant must not be registered in the Schengen Information System (SIS).
  • The applicant cannot have been expelled from Norway and had a prohibition on entry imposed on him or her.
  • As a rule, the National Population Register shall be updated in accordance with the documentation presented in the case.
  • The foreign service mission shall not be in doubt as to whether the maintenance requirement is met, cf. the Immigration Act section 58, cf. the Immigration Regulations sections 10-8 to 10-10. This means that, as a main rule, the sponsor must substantiate future income corresponding to 88 per cent of salary grade 19 in the pay scale for Norwegian state employees for the period to which the application applies. Alternatively, documentation can be accepted that the requirement for future income is assured through a retirement pension or permanent disability pension that is at least equivalent to the National Insurance minimum pension in Norway. Documentation must also be presented that the sponsor’s income from the most recent tax settlement in Norway or abroad corresponded to 88 per cent of salary grade 19 in the pay scale for Norwegian state employees , and that the sponsor did not receive social security benefits during the last year before the application for a D visa was submitted. See also the UDI’s circular concerning the maintenance requirement for guidelines in this context.

If one or more of the above-mentioned conditions are not met, the foreign service mission shall reject the application for an entry visa pursuant to the provisions of the Public Administration Act.

4. Doubts and rejection

A foreign service mission shall reject an application for an entry visa pursuant to the provisions of the Public Administration Act if the conditions in section 3 above are not met. The conditions in section 3 are preconditions for assessing an application pursuant to section 4. The foreign service mission shall therefore reject an application for an entry visa if there is doubt as to whether the conditions in section 4 are met, regardless of whether the conditions in section 3 are met.

The foreign service mission shall deem itself to be in doubt if, after an overall assessment, it appears that the applicant’s primary objective for the marriage is to gain right of residence in Norway. In connection with this assessment, the foreign service mission shall consider whether one or more factors are present that can indicate that the marriage is a marriage of convenience.

A number of particularly relevant factors in such an assessment are presented in the Ministry of Labour and Social Inclusion’s Instruks for å hindre familiesameining på grunnlag av proformaekteskap/partnerskap (Instructions for the prevention of family reunification on the basis of a marriage/ partnership of convenience – in Norwegian only) (GI-2010-001).

The factors are not ranked, and the list is not intended to be exhaustive:

  • The contact between the parties and their knowledge about each other. Consideration must be given to how long they have known each other, and to the nature and extent of the contact.
  • Concurring information from the parties – for example about how they met, got married and subsequent contact between them.
  • Whether the parties can communicate in a common language.
  • The age difference between the parties.
  • Whether the marriage was paid for without this being possible to explain on the basis of dowry traditions in the home country.
  • Whether the marriage is clearly atypical in relation to marriage traditions in the home country.
  • Whether circumstances exist that indicate that the marriage was entered into as a result of coercion or exploitation, for example that the parties are clearly unequal in their mental development.
  • Whether the sponsor or close family members of the applicant has a marriage history that gives grounds for suspecting a marriage of convenience.
  • Whether the applicant has previously attempted to gain right of residence on other grounds, for example by applying for asylum, and whether the marriage was entered into following the rejection of another application.
  • Whether the parties have a former spouse/ cohabitant/ partner who will live with the couple.

The foreign service mission shall also deem itself to be in doubt if:

  • there is reason to doubt the stated purpose of the application or the correctness of the other information in the case.
  • even if the sponsor is not among the categories of persons who shall be interviewed pursuant to the Immigration Act section 56, it nonetheless seems to be necessary to interview the sponsor in order to obtain further information about the case.
  • it is necessary to verify the genuineness or the contents of one or more of the documents presented.

The foreign service mission shall deem itself in doubt if the applicant or the applicant’s child/children from a previous relationship are in danger of being badly misused or abused, cf. section 40 fifth paragraph of the Immigration Act.

All applications shall be assessed individually. If an application has been submitted from a country where experience indicates that there can be doubt about identity and about the notoriety of documents, a concrete assessment shall nonetheless be made of the case, including whether a decision can be made on the basis of the information provided.

If, after assessing the case in relation to the conditions in section 4, the foreign service mission concludes that doubt exists, the case shall be rejected pursuant to the provisions of the Public Administration Act.

As the appeal body, the UDI may not instruct the foreign service missions about the concrete assessment of individual cases.

5. Power of decision

Norwegian foreign service missions can grant an entry visa if there is no doubt about whether the conditions set out in this circular are met. Norwegian foreign service missions shall reject applications for an entry visa if the conditions are not met, or if the foreign service mission is in doubt about whether the conditions in sections 3 and/or 4 above are met.

Norwegian foreign service missions shall reject an application for an entry visa if it is submitted by an applicant who is neither a citizen of nor has stayed for the last six months with a work permit in the country in which the foreign service mission is situated, cf. the Immigration Regulations section 10-2 third paragraph. The legal basis for granting an entry visa is the Immigration Regulations section 3-13 fourth paragraph, and it must not be confused with an ordinary Schengen visa (C visa).

6. The contents of the entry visa

A visa granted pursuant to this circular is granted as an entry visa (D visa) for seven days. It entitles its holder to enter Norway and is valid for one transit passage through other Schengen states for five days.

7. Appeals

A rejection by a foreign service mission can be appealed. If the decision is appealed, the foreign service mission shall consider whether to reverse its decision on the basis of the information presented in the appeal. If the foreign service mission does not reverse its decision, the appeal shall be forwarded to the UDI for further consideration.

The foreign service mission shall urge the applicant to submit a full application for family immigration before the appeal is sent to the UDI.

8. Information to the applicant when an entry visa has been granted

When an entry visa has been granted pursuant to this circular, the foreign service mission shall inform the applicant about the following:

  • The applicant is obliged to report to the police within one week after entry in order to apply for a permit for family immigration, or to report entry into the realm if such application has already been submitted from the foreign service mission.
  • All documents that are necessary in order to apply for a permit for family immigration must be presented to the police if such application has not been submitted from the foreign service mission.
  • The applicant’s travel expenses for the journey to Norway will not be covered.
  • The entry visa does not entitle its holder to work, and the applicant is not entitled to take employment without a valid work permit.
  • The applicant is not entitled to tuition in the Norwegian language or to any benefits until a work permit has been granted.
  • The applicant is entitled to stay in Norway until the application for a permit has been processed by the UDI.
  • The applicant is not entitled to travel to other Schengen countries until a work or residence permit has been granted and the permit sticker has been affixed to his or her travel document.
  • The applicant must notify the police of any change of address.
  • Granting an entry visa does not in itself mean that an application for a work or residence permit will be granted.


Karl Erik Sjøholt
Head of department

Contact: The Managed Migration Department, Section for Family Immigration

 

Latest changes
  • Archived: RS 2010-003 Entry visa for a foreign spouse/ registered partner or joint children who wish family immigration – the Immigration Act section 12, cf. the Immigration Regulations sections 3-13 first paragraph and 10-1 first paragraph letter e) (1/7/2013)

    The circular is archived and replaced by UDI circular RS 2013-001. Please note that the latter is only available in Norwegian.

  • Endret: RS 2010-003 Entry visa for a foreign spouse/ registered partner or joint children who wish family immigration – the Immigration Act section 12, cf. the Immigration Regulations sections 3-13 first paragraph and 10-1 first paragraph letter e) (10/16/2012)

    The circular is updated due to changes in the state pay scale for Norwegian state employees. Chapter 3.4 seventh bulletpoint is changed to income corresponding to "88 per cent of salary grade 19".

  • Endret: RS 2010-003 Innreisevisum til utenlandsk ektefelle/registrert partner eller felles barn som ønsker familieinnvandring - utlendingsloven § 12, jf utlendingsforskriften §§ 3-13 første ledd og 10-1 første ledd bokstav e (10/16/2012)

    Rundskrivet er oppdatert som følge av endringer i hovedlønnstabellen. Punkt 3.4 syvende kulepunkt andre og fjerde setning er endret til inntekt tilsvarende "88 prosent av lønnstrinn 19".

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo