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Norsk

UDI circulars

RS 2010-001
Document-ID : RS 2010-001
Case-ID : 15/09430-5 (15/10313-26)
Last modified : 08.05.2019
Documentdate : 30.10.2015
Receiver :

The police
The foreign service missions

Entry visa- Exemption from the requirement that a first-time residence permit must have been granted prior to entry- the Immigration Regulations Section 10-1 second paragraph, cf. Section 3-13 fourth paragraph

1. Introduction

This circular provides guidelines on the issuing of entry visas, cf. the Immigration Act Section 12, to foreign nationals who can submit their application from Norway under the Immigration Regulations Section 10-1 second paragraph, cf. Section 3-13 fourth paragraph. This applies to applicants mentioned in the Immigration Regulations Sections 6-19 to 6-31, and to spouses, cohabitants and children of such applicants.

As a rule, a residence permit must have been issued before a foreign national enters Norway; see the Immigration Act Section 56 first paragraph. This means that both foreign nationals subject to a visa requirement on entering Norway and foreign nationals exempted from the visa requirement must submit an application from abroad; see the Immigration Regulations Section 10-2 third paragraph.

The immigration authorities normally do not grant visas to foreign nationals who need a residence permit. An entry visa may nonetheless be granted to applicants as mentioned in the Immigration Regulations Section 3-13 fourth paragraph, cf. Section 10-1 first and second paragraphs.

2. Groups of applicants who are entitled to apply for a permit after entry; see the Immigration Regulations Section 10-1 second paragraph.

2.1.      Students admitted to an educational institution, cf. the Immigration Regulations Section 6-19 first paragraph

In order to be granted exemption from the requirement that a residence permit must have been granted prior to entry, a student must either

  • be mediated via Momento Education, AFS Norway, My Education, Fulbright, Youth for Understanding (YFU), STS High School Foundation (STS), Rotary, Explorius or the Research Council of Norway (NFR),

  • have received a grant from a Norwegian public body, or

  • be here to study at a higher education institution under an exchange scheme organised by the EU or under a bilateral agreement between a Norwegian and foreign higher education institution.

Reference is also made to RS 2010-101 Residence permits for students – the Immigration Act section 26 first paragraph letter b, cf. the Regulations sections 6-19 first paragraph and 6-33 second paragraph.

2.2. Researchers, cf. the Immigration Regulations Section 6-20 first paragraph

It is a condition that the researcher is to stay at a university, institute or similar for research purposes. The researcher must finance his/her stay in Norway with own funds. Reference is made to the circular on residence permits for researchers with own funds.

2.3. Trainees, cf. the Immigration Regulations Section 6-21

Trainees mediated via an organisation or who participate in an exchange programme under the auspices of the EU are entitled to apply for a residence permit from Norway.

2.4. Spouse, cohabitant and children of foreign nationals covered by 2.1 to 2.4, cf. the Immigration Regulations Section 10-1 second paragraph

Applicants who have a cohabitant shall present documentation that the cohabitation has lasted a minimum of two years. Applicants travelling with children must submit birth certificates for them. Other conditions are set out in the Immigration Act Sections 40 to 42.

3. Power of decision and issuing of visas

Unless otherwise decided, visa applications are decided by the UDI. Norwegian foreign service missions may be authorised by the UDI to decide such applications. Reference is made to the Immigration Act Section 13, cf. the Immigration Regulations Section 3-14. Visas are issued by the Norwegian foreign service missions; see the Immigration Regulations Section 3-15.

Foreign nationals as mentioned in section 2 above can be granted an entry visa (D-visa). A D-visa entitles the holder to entry into Norway. It is valid for transit for up to five days.

D-visas can be granted regardless of whether the applicant submits a residence permit application at the same time or has already submitted an application.

The Schengen Information System (SIS) shall be consulted to clarify whether the applicant is registered in SIS, with a view to denying entry. A visa shall not be granted if the applicant is registered in SIS.

The applicant cannot have been expelled from Norway and had a prohibition on entry imposed on him or her.

If the applicant has an application for a residence permit that is being processed, a visa shall only be issued with the UDI's consent.

A D-visa shall not be granted if experience shows that verification of documents is needed in connection with the processing of residence permit applications.

The applicant must provide the information that is necessary to substantiate that he/she is included in the group of persons who can be granted a D-visa. He/she must document that the information is correct. There must be no doubt that the conditions for applying for a permit after entry (see section 2 above) are met.

It is also a condition that the conditions for issuing a visa are met and that, in the foreign service mission's view, processing the application will not require more resources than is normal for visa applications, for example because verification of documents is necessary. In cases of doubt, the foreign service mission shall tell the applicant to apply for a residence permit in the normal manner.

D-visas can be granted for up to a week; see the Immigration Regulations Section 3-13 first paragraph. The applicant must report to the police within one week of his/her entry; see the Immigration Regulations Section 4-22 third paragraph, cf. Section 10-2.

The foreign service mission shall inform the applicant that being granted a visa does not necessarily mean that he/she will be granted a residence permit.

4. Right of appeal

A rejection of an application for a visa can be appealed pursuant to the provisions of Chapter 6 of the Public Administration Act. The applicant must submit the appeal him/herself. Alternatively, another person can submit the appeal if the applicant has given him/her written power of attorney to do so; see the Public Administration Act Section 12.

The appeal shall be submitted to the foreign service mission that informed the applicant about the decision. The appeal must never be sent directly to the UDI.

 

Karl Erik Sjøholt
Head of Department

 

Contact: Department of Managed Migration, Section for Visa, Work and Study Permits (OVAS)

Latest changes
  • Changed: RS 2010-001 Entry visa- Exemption from the requirement that a first-time residence permit must have been granted prior to entry- the Immigration Regulations Section 10-1 second paragraph, cf. Section 3-13 fourth paragraph (5/8/2019)

    The organisation Momento Education has been added to the list over approved exchange organisations. The organistaion is added to section 2.1.

  • Changed: RS 2010-001 Entry visa- Exemption from the requirement that a first-time residence permit must have been granted prior to entry- the Immigration Regulations Section 10-1 second paragraph, cf. Section 3-13 fourth paragraph (3/9/2018)

    The circular is updated under 2.1. American Scandinavian Student Exchange (ASSE) no longer exists, and is replaced by My Education. NOMA no longer exists, and is removed from the list.

  • Endret: RS 2010-001 Innreisevisum - Unntak fra kravet om at første gangs oppholdstillatelse må være gitt før innreise - utlendingsforskriften §§ 10-1 annet ledd jf. 3-13 fjerde ledd. (3/9/2018)

    Rundskrivet er oppdatert under punkt 2.1. Organisasjonen ASSE eksisterer ikke lenger og erstattes av utvekslingsorganisasjonen My Education. NOMA eksisterer heller ikke lenger, og slettes fra listen.

  • Changed: RS 2010-001 Entry visa- Exemption from the requirement that a first-time residence permit must have been granted prior to entry- the Immigration Regulations Section 10-1 second paragraph, cf. Section 3-13 fourth paragraph (10/28/2016)

    The circular is updated. See Chapter 3. The updates include a correction of terminology (entry-visa is the correct term for a D-visa). Furthermore, the routine of contacting the UDI for clarification on whether an applicant has been expelled or has an application pending, has been outdated since the foreign serice missions got Norvis and is therefore reworded to make it clear that the foreign service missions check this themselves.

  • Endret: RS 2010-001 Innreisevisum - Unntak fra kravet om at første gangs oppholdstillatelse må være gitt før innreise - utlendingsforskriften §§ 10-1 annet ledd jf. 3-13 fjerde ledd. (10/28/2016)

    Rundskrivet punkt 3 er endret. Endringen består blant annet av retting av terminologi (innreisevisum er den faste måten å omtale D-visum på). Rutinen for å kontakte UDI for avklaring av om en søker er utvist eller har søknad til behandling har vært utdatert siden utenriksstasjonene fikk Norvis, og er derfor omformulert for å synliggjøre at de selv sjekker dette.

  • New: RS 2010-001 Entry visa- Exemption from the requirement that a first-time residence permit must have been granted prior to entry- the Immigration Regulations Section 10-1 second paragraph, cf. Section 3-13 fourth paragraph (10/30/2015)

    The UDI circular about entry visa -  Exemption from the requirement that a first-time residence permit must have been granted prior to entry, is now available in English.

  • Endret: RS 2010-001 Innreisevisum - Unntak fra kravet om at første gangs oppholdstillatelse må være gitt før innreise - utlendingsforskriften §§ 10-1 annet ledd jf. 3-13 fjerde ledd. (11/6/2014)

    Explorius er lagt til i punktet om studenter som er tatt opp ved utdanningsinstitusjon.

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

Editor in Chief: Stephan Mo