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Norsk

Circulars and instructions from the Ministries

2012-008-GI
Document-ID : GI-08/2012
Case-ID : 201011710/BMW
Documentdate : 05.07.2012
Receiver :

The Directorate of Immigration

 

Copy:

The Ministry of Labour
The Ministry of Children, Equality and Social Inclusion
The Immigration Appeals Board
The National Police Directorate

Instructions relating to exemption from the subsistence requirement, cf. section 10-11 of the Immigration Regulations

The Ministry of Justice and Public Security makes reference to the Act of 15 May 2008 No 35 on the entry of foreign nationals into the Kingdom of Norway and their stay in the realm (the Immigration Act) section 76 second paragraph, which confers the Ministry's general right to instruct the Directorate of Immigration on law interpretation, exercise of discretion or prioritisation of cases.

Pursuant to section 10-11 of the Immigration Regulations, an exemption from the subsistence requirement can be made in family immigration cases if 'particularly strong humanitarian considerations' so indicate. The Directorate of Immigration is hereby instructed to base its assessment on the guidelines provided below pursuant to section 10-11. In its application of the guidelines, the Directorate of Immigration must consider the objective of the subsistence requirement and the objective of the individual guidelines.

  1. In cases where the applicant is a foreign national who has lived in a long-term, established family unit with a Norwegian or Nordic national and the parties have joint children who are Norwegian or Nordic nationals, an exemption can be made from the subsistence requirement following a concrete assessment. However, this does not apply in cases where the family in question has lived in Norway while the applicant has had illegal residence.
  2. An exemption can be made from the subsistence requirement if the applicant and the sponsor have joint children who are Norwegian or Nordic nationals and are born in Norway, and the applicant had legal residence in Norway at the time of their birth. Whether exemptions should be made in cases where, for example, the applicant's grounds for residence had just expired at the time of the children's birth must also be considered.
  3. The exemption from the subsistence requirement specified in point 2 does not generally apply to entry on a visa or other entry that takes place in connection with the birth.
  4. In cases where the applicant has previously held a residence permit in Norway pursuant to sections 40 to 42 of the Immigration Act as the sponsor's family member, and where the family wish to return to Norway following a stay abroad, an exemption can be made from the requirement for previous income pursuant to section 10-9 first paragraph of the Immigration Regulations.
  5. In cases as mentioned in point 4 above, emphasis can also be given to the applicant's expected income in the assessment of whether the requirement for future income is met.
  6. An exemption can be made from the requirement in section 10-9 first paragraph relating to sufficient income in the preceding tax year if the sponsor has previously had sufficient income, and it is clear that the person in question also had the necessary earning ability in the preceding tax year. This can for example mean that the person in question has had a good income for several years, but has taken a year off, perhaps abroad.
  7. An exemption can be made from the requirement for previous income in section 10-9 first paragraph of the Immigration Regulations if the sponsor has stayed abroad following a stay for educational purposes, where he/she has completed at least 60 credits. This includes situations where the sponsor has concluded studies abroad and has then wished to continue staying abroad for a period after the completion of studies before returning to Norway with the family he/she has formed during the period of study.
  8. An exemption can also be made to the requirement for previous income in section 10-9 first paragraph of the Immigration Regulations if the sponsor has worked in a trainee position or stayed abroad to increase his/her expertise, which, following a concrete assessment, should be deemed equal to a stay for educational purposes. 

It is requested that the Directorate of Immigration implement this practice in accordance with the instructions by 15 August 2012.

                                                                                                                                                      

Yours sincerely,

 

Birgitte Ege (by authority)
acting Director General

Kenneth A Baklund
Senior Adviser

Latest changes
  • New: 2012-008-GI Instructions relating to exemption from the subsistence requirement, cf. section 10-11 of the Immigration Regulations (9/10/2012)

    Instruction from the Ministry of Justice and Public Security, in which the Directorate of Immigration is instructed to apply the listed guidelines in its assessment of exemption from the subsistence requirement, cf. with section 10-11 of the Immigration Regulations.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. Box 8108 Dep.
NO-0032 Oslo
Norway

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