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Norsk

UDI circulars

RS 2010-008
Document-ID : RS 2010-008
Case-ID : 09/1855 (15/10886-1)
Documentdate : 21.12.2015
Receiver :

Chiefs of Police
The foreign service missions

Family Immigration for full siblings - the Immigration Act Section 49, cf. the Immigration Regulations Section 9-7 first paragraph (d)

 1. Introduction

This circular concerns the practice for the assessment of permits for full siblings; cf. the Immigration Act Section 49, cf. the Immigration Regulations Section 9-7 first paragraph (d). The provision is a continuation of the provision concerning full siblings in the previous Immigration Regulations of 21 December 1990 and entails no changes to current law. The circular states what is said about the provision in the preparatory works to these Regulations; see pages 7 and 8 of the then Ministry of Justice’s circular G-88/1999, and pages 6 and 8 of the then Ministry of Justice’s consultative document of 8 April 1999.

2. More detailed information about the assessment of the provision

According to the preparatory works, the provision is intended to apply to full siblings under the age of 18, who are not looked after by anyone in their home country. No requirements shall be made concerning who can be deemed to be a care person, e.g. that it must be a family member. If the child is looked after by a person outside the family, the requirements for being granted residence in Norway are not met.

It is not a requirement that the siblings must have lived together previously, only that they must be full siblings.

The preparatory works also state that it is not sufficient that the reference person wishes to look after his/her brother or sister. It is a condition that the reference person is fit to be a care person. A statement on this must be obtained from the child welfare service. This is a condition we have wished to make, among other things because we have seen examples where the child welfare service has had to take children who have been granted family reunification with siblings in Norway into care.

3. More information about half-siblings

Applications from half-siblings must be considered pursuant to the Immigration Act Section 49. A key factor in a concrete overall assessment will be whether the reference person and the applicant lived together in their home country.

 

Karl Erik Sjøholt
Head of Department

 

Contact: the Managed Migration Department, Section for Family Immigration

 

 

 

Utlendingsdirektoratet
Norwegian Directorate
of Immigration

Postboks 8108 Dep
N-0032 Oslo
Phone: + 47 23 35 15 00

Editor in Chief: Stephan Mo
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