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Norsk

UDI circulars

RS 2010-098
Document-ID : RS 2010-098
Case-ID : 09/4685-16
Documentdate : 01.01.2010
Receiver :

Chiefs of Police
The foreign service missions
Directorate of Immigration (UDI)

Residence permits for researchers with own funds – the Immigration Act section 26 first paragraph letter b), cf. the Immigration Regulations section 6-20

1. Introduction

2. Delimitation between researcher with own funds, researcher employed in Norway and doctoral degree students

3. Conditions for granting residence permits to researchers with own funds

3.1. Research at a university, institute or similar

3.2. Own funds

3.3. Subsistence and accommodation

3.4. Age requirement

3.5. Return conditions, good conduct requirement etc.

4. Content and duration of the permit

5. Application and case-processing procedures

5.1. Where to submit an application

5.2. Fee

5.3. The application form and other documentation

5.4. Power of decision

6. Renewal

6.1. Conditions for renewal

6.2. Renewal application procedures

6.3. Power of decision relating to renewal

6.4. Content and duration of a renewed permit

7. Appeal

8. Revocation of a residence permit

1. Introduction

The circular concerns case processing procedures and conditions for being granted a residence permit as a researcher with own funds pursuant to the Immigration Act section 26 first paragraph letter b), cf. the Immigration Regulations section 6-20. 

The circular applies to nationals of countries outside the EU and EFTA area. Separate rules apply to nationals of EU and EFTA countries, cf. the Immigration Act chapter 13, cf. the Immigration Regulations chapter 19. 

By researcher is meant a person with higher education at Master's level who is to engage in research. Applicants who meet the conditions for being granted a residence permit as a skilled worker pursuant to the Immigration Act section 23, cf. the Immigration Regulations section 6-1, shall be granted a permit on these grounds. Note in particular the distinction drawn between researchers who finance their stay with their own funds and those who are employed in Norway (see 2 below).

2. Delimitation between researcher with own funds, researcher employed in Norway and doctoral degree students

For researchers, it is how their stay in Norway is to be financed that determines what type of permit they are eligible for. If a researcher is employed to work for a single employer in Norway that will pay the applicant, and the work is full-time employment, the researcher shall be granted a residence permit that entitles him/her to work, cf. the Immigration Act section 23, cf. the Immigration Regulations section 6-1.

Researchers who do not work for an employer in Norway and do not receive pay, but finance their stay with their own funds, shall be granted residence permits pursuant to the Immigration Regulations section 6-20. For information about the term 'own funds', see 3.2 below.

The Immigration Regulations section 6-20 is intended to cover cases in which researchers come to Norway by agreement with, for example, a university or an institute, but receive pay from their employer abroad during their stay. The provision also covers cases in which a researcher has made an agreement to carry out research at an educational institution in Norway in connection with a sabbatical year.

Doctoral degree students who are employed at a university, an institute or similar, shall be granted a permit pursuant to the Immigration Act section 23, cf. the Immigration Regulations section 6-1. If they only receive grants or if they finance their own research, they shall be granted student permits pursuant to the Immigration Act section 26, cf. the Immigration Regulations section 6-19 first paragraph.

3. Conditions for granting residence permits to researchers with own funds

3.1. Research at a university, institute or similar

The purpose of the stay in Norway must be to carry out research at a university, an institute or similar institution. In addition to an agreement/invitation, a more detailed description must be provided of the applicant's research tasks during his/her stay in Norway.

3.2. Own funds 

The applicant must finance the stay in Norway with his/her own funds.  Own funds can come from abroad, for example wages from an employer in the applicant’s home country, foreign grants or private savings. Own funds can also be linked to Norway, for example Norwegian grants from the institution where the applicant will stay when there is no ordinary employment relationship with standard wages.

3.3. Subsistence and accommodation

The applicant must be guaranteed subsistence and accommodation, cf. the Immigration Act section 58. Sufficient subsistence is guaranteed if the applicant as a minimum has means in an amount corresponding to what constitutes full funding by the State Educational Loan Fund (Lånekassen); see the appendix.

3.4. Age requirement

The applicant must have reached the age of 15 in order to be granted a residence permit as a researcher with own funds. If the applicant is between the ages of 15 and 18, he/she must have the consent of his/her parents or another person who has parental responsibility for him/her, cf. the Immigration Regulations section 6-32 first paragraph.

3.5. Return conditions, good conduct requirement etc.

A residence permit for a researcher with own funds that was granted pursuant to the Immigration Regulations section 6-20 is of a limited duration and does not form the basis for a permanent residence permit. This entails a clear requirement that the applicant must leave Norway when the permit expires. The immigration authorities must assess the applicant’s ‘return conditions’. The probability that the applicant will leave Norway when the permit expires if he/she does not have another reason for staying in Norway is therefore a key factor when assessing whether he/she can be granted a residence permit. Both individual circumstances relating to the applicant and general conditions in the applicant’s home country will be of importance to this assessment. 

If the immigration authorities, on the basis of information about the applicant and general experience of certain regions and countries and applicant groups, deem it likely that the applicant will not return to his/her home country at the end of his/her stay or has an objective for applying for a permit other than to be a researcher with own funds, the application must be rejected. 

The assessment will be based on conditions that exist at the time of the decision. Importance will be attached to matters such as: 

  • whether the applicant has previously applied for asylum or a residence permit on other grounds
  • previous experience of researchers with own funds in the same situation from the applicant’s home country
  • previous experience of any sponsors in Norway
  • whether it is legally and practically possible to escort the applicant out of Norway. 

Furthermore, circumstances must not exist that constitute grounds for refusing the applicant entry into or residence in Norway pursuant to other provisions of the Act, cf. the Immigration Act section 59.

4. Content and duration of the permit

The permit entitles the holder to stay in Norway as a researcher with own funds at a specific university, institute or similar institution, cf. the Immigration Regulations section 6-33 first paragraph. The fact that the applicant is a ‘researcher with own funds’ and the name and address of the place of research shall be stated in the decision. 

The permit entitles the applicant to work part-time in addition to his/her studies for up to 20 hours a week and full-time during ordinary holidays, cf. the Immigration Regulations section 6-33 third paragraph. The permit does not entitle the holder to work more than this. 

The permit does not form the basis for a permanent residence permit, cf. the Immigration Regulations section 6-20 second paragraph. The permit may form the basis for family immigration, see the Immigration Act section 49, cf. the Immigration Regulations section 9-6 first paragraph. 

The decision shall state whether the permit can be expected to be renewed. 

A first-time residence permit can be granted for two years if this is in accordance with the duration of the research stay and it is clear that subsistence is guaranteed for the whole  period, cf. the Immigration Regulations section 10-16 fourth paragraph. The duration of the permit shall nevertheless not extend beyond the period applied for, nor beyond the duration of the research stay, cf. the Immigration Act section 60, cf. the Immigration Regulations section 10-16 fifth paragraph.

5. Application and case-processing procedures

5.1. Where to submit an application 

As a rule, a first-time residence permit must have been granted prior to entering Norway, cf. the Immigration Act section 56 first paragraph.  This means that the application must be submitted in the country of which the applicant is a national, or in the country in which he/she has held a residence permit for the past six months, cf. the Immigration Regulations section 10-2 third paragraph.

The Directorate of Immigration (UDI) makes an exception from the requirement that a first-time residence permit must have been granted prior to entering Norway for researchers with own funds, cf. the Immigration Act section 56 fifth paragraph, cf. the Immigration Regulations section 10-1 second paragraph. In order for the applicant to be entitled to submit an application from Norway, it is a condition that he/she has legal residence and that he/she is not staying in Norway in connection with an asylum application or pending departure after receiving a rejection of his/her asylum application, cf. the Immigration Regulations section 10-1 third paragraph. The application must be submitted in person to the police in the district in which the researcher lives, cf. the Immigration Regulations section 10-2 fourth paragraph.  

5.2. Fee

To have an application for a residence permit processed, the applicant must pay a processing fee on submission of the application, cf. the Immigration Act section 89, cf. the Regulations section 17-10 first paragraph. If the fee is not paid, the application is rejected on this basis, cf. the Immigration Regulations section 10-2 eighth paragraph.

5.3. The application form and other documentation

5.3.1 The application form, cf. the Immigration Regulations section 10-2 first paragraph

As a rule, applications for residence permits must be submitted online (Application Portal Norway). In exceptional cases, the Directorate of Immigration's prescribed form can be used: Application for a permit for residence or work. The form is available on the UDI’s website www.udi.no, from the police and at foreign service missions.

5.3.2 Other documentation

The body that receives the application must ensure that the applicant has filled in the relevant document list and submitted all documents in accordance with the list. The applicant shall be given a stamped copy of the document list as a receipt for submission of the documents. The document lists are available on the UDI website:

5.4. Power of decision

The police may grant a residence permit for a researcher with own funds when there is not doubt that the conditions have been met. It must be considered whether the applicant may apply from Norway, cf. the Immigration Regulations section 13-1 first paragraph letter g).

The UDI makes decision regarding other applications, cf. the Immigration Act section 65 first paragraph.

6. Renewal

6.1. Conditions for renewal

The permit is renewed as long as the conditions for being granted a residence permit as a researcher with own funds are still met, cf. the Immigration Act section 61. See chapter 3 ‘Conditions for granting a residence permit to a researcher with own funds’.

A need for renewal over and above a general wish from the applicant and or the employer must be documented. The need must also relate to the relevant applicant.

The applicant does not have to document that he/she is guaranteed accommodation when applying for renewal, cf. the Immigration Regulations section 10-20 fourth paragraph.

6.2. Renewal application procedures

As a rule, applications for renewal must be submitted online (Application Portal Norway). In exceptional cases, the Directorate of Immigration's prescribed form can be used: Application for a permit for residence or work, cf. the Immigration Regulations section 10-27. The form is available on the UDI’s website www.udi.no, from the police and at foreign service missions.

The renewal application must be submitted to the police district in which the applicant lives. As a rule, the applicant is required to submit the application in person, cf. the Immigration Regulations section 10-27 second paragraph.

Renewal applications are also subject to a fee, cf. the Immigration Act section 89, cf. the Immigration Regulations section 17-11 first paragraph. 

6.3. Power of decision relating to renewal

The police have the authority to grant applications for renewal of residence permits when there is no doubt that the conditions have been met, cf. the Immigration Act section 65, cf. the Immigration Regulations section 13-2.

6.4. Content and duration of a renewed permit

The decision to renew the permit shall contain the same information and restrictions as a first-time permit (see Chapter 5 on the content and duration of the permit).

Renewal may be granted for up to two years, cf. the Immigration Regulations section 10-24 first paragraph. The duration of a renewed permit will not exceed the period applied for or the duration of the assignment, cf. the Immigration Regulations section 10-24 first paragraph, cf. section 10-16 fifth paragraph.

7. Appeal

Rejection of an application for a residence permit as a researcher with own funds can be appealed pursuant to the provisions of the Public Administration Act chapter 6. The applicant must submit the appeal him/herself. Alternatively, the appeal may be submitted by a person who has been authorised in writing by the applicant to do so, cf. the Public Administration Act section 12.

The appeal shall be submitted to the body (Norwegian foreign service mission or the police) that informed the applicant about the decision. The appeal must not be sent directly to the UDI.

8. Revocation of a residence permit

A residence permit for a researcher with own funds can be revoked if the foreign national has deliberately provided incorrect information or omitted to provide information about matters of material importance to the decision, or if it otherwise follows from general provisions of administrative law, cf. the Immigration Act section 63.

Decisions to revoke a permit are made by the UDI, cf. the Immigration Act section 65 first paragraph. The immigration authorities shall notify the applicant in advance that the permit may be revoked. The foreign national shall be given an opportunity to make a statement, normally within three weeks, cf. the Public Administration Act section 16.

 

Karl Erik Sjøholt
Head of department

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




 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Latest changes
  • New: RS 2010-098 Residence permits for researchers with own funds – the Immigration Act section 26 first paragraph letter b), cf. the Immigration Regulations section 6-20 (10/21/2013)

    The circular is now available in English.

  • Changed: RS 2010-098 Residence permits for researchers with own funds – the Immigration Act section 26 first paragraph letter b), cf. the Immigration Regulations section 6-20 (7/8/2013)

    The documentation requirements under paragraph 5.3 has been updated with a link to the document list on UDI's home page, www.udi.no. Furthermore, the Norwegian version of the circular now includes a clarification of the concept “own funds”, as well as some other changes. The latter is yet to be translated to English.

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

Editor in Chief: Stephan Mo