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Norsk

Sections 2.2 and 5.2 second sentence is outdated per 14 october 2015. Please use the Offer of employment form available at www.udi.no instead of the Standard employment contract for trainees.

UDI circulars

RS 2010-100
Document-ID : RS 2010-100
Case-ID : 15/09018-1
Last modified : 14.10.2015
Documentdate : 01.01.2010
Receiver :

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

Residence permit for trainees, cf. the Immigration Act section 26 first paragraph letter b), cf. the Immigration Regulations section 6-21

1. Introduction

2. Conditions for residence permits for trainees

2.1. The purpose must be to receive vocational training

2.2. Concrete offer of employment

2.3. One employer

2.4. The scope of the work

2.5. Pay, subsistence and accommodation

2.6. Age requirement

2.7. Return conditions and the good conduct requirement etc.

3. The content and duration of the permit

4. Application and case processing procedures

4.1. Where to submit an application

4.1.1. Main rule: The application must be submitted in the trainee’s home country

4.1.2. Exception: Right to apply for a residence permit from Norway

4.2. Fees

4.3. Documentation requirements

4.4. Power of decision

4.5. Residence permit during case processing

5. Renewal

5.1. Conditions for renewal

5.2. Procedures for applying for renewal

5.3. Power of decision in renewal cases

5.4. Content and duration of a renewed permit

6. Appealing a decision

7. Revocation of a residence permit

1. Introduction

The circular concerns conditions and case processing procedures for being granted a residence permit as a trainee pursuant to the Immigration Act section 26 first paragraph letter b), cf. the Regulations section 6-21. A trainee permit can be granted for a total of two years. The circular concerns both trainee exchanges between organisations and individual schemes.

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 Regulations chapter 19.

Residence permits for trainees can be granted to persons who have not completed vocational training at upper secondary level or who do not hold a craft certificate, cf. the Regulations section 6-1 first paragraph.

Persons who have completed such vocational training and/or hold a craft certificate shall primarily be considered for a residence permit for a skilled worker pursuant to the Immigration Act section 23, cf. the Regulations section 6-1, and are not covered by this circular.

2. Conditions for residence permits for trainees

Some trainee schemes have been initiated as a result of agreements between Norway and other countries. Trainee periods organised by both the public authorities and by organisations, institutions, enterprises etc. can be approved.

2.1. The purpose must be to receive vocational training

The main purpose of the work offered to the applicant must be vocational training.

It is a requirement that the work is of material importance to the applicant’s qualifications and that it forms a natural part of the applicant’s vocational training.

A trainee stay can only take place before or during an education. As a rule, the education must be taken at a foreign educational institution. Persons who have skilled worker qualifications, cf. the Regulations section 6-1 first paragraph, cannot be granted a residence permit as a trainee. Reference is made to the circular concerning skilled workers.

Following a concrete overall assessment, residence permits for trainees may also be granted to persons who are to receive vocational training in Norway even if they are not students at an educational institution in their home country. In such case, it is a condition that the applicant is employed by an enterprise abroad and that the trainee stay is of material importance to the applicant’s continued work in his/her home country. Furthermore, the trainee stay should be covered by a contract between the enterprise of which the applicant is an employee in the home country and the organisation in Norway where the applicant is to be a trainee. The applicant must not have completed vocational training at upper secondary level or hold a craft certificate, cf. the Regulations section 6-1 first paragraph.

When assessing whether a permit can be granted, the following factors, among others, may be emphasised:

  • Whether the stay only involves training, not work
  • Whether the training is part of a publicly-funded aid project
  • Whether the training is necessary for the further development of a Norwegian enterprise abroad and the performance of contracts with partners abroad (for example if the applicant is to receive training in using equipment/technology that the Norwegian enterprise has delivered to the applicant’s employer)
  • The duration of the stay.

The list is not exhaustive.

2.2. Concrete offer of employment

Editorial comment: Section 2.2 (marked in yellow) is outdated and is currently under revisement per 14 October 2015. 

The UDI form standard employment contract for trainees shall not be used as it does not contain sufficient information about the employment as a trainee. Instead the offer of employment form which can be found at www.udi.no must be used. The standard contract of mediating organisations can still be used if it contains the same information as the offer of employment form. The contract must be signed by the employer and the applicant and must be stamped by the mediating organization.

It is a requirement that a concrete offer of employment has been made using a standard employment contract, see Appendix 2. The contract for trainees (GP-7030) is available on the Directorate of Immigration’s (UDI) website (www.udi.no), from the police and at the foreign service missions. The organisations' own contracts may be accepted if they contain the same information as the standardised contract.

The contract must be an original copy and it must be signed by both the employer and the applicant. In addition, the employment contract must be stamped by the agency or mediating organisation, if one was used.

The employer must provide a description of what the work entails and what training the applicant will be given. The contract must also clearly state the period for which the employment offer is valid.

2.3. One employer

As a rule, the applicant can only have one employer.

2.4. The scope of the work

As a rule, the trainee period must involve full-time work (37.5 hours per week).

2.5. Pay, subsistence and accommodation

The applicant must be guaranteed subsistence and accommodation, cf. the Immigration Act section 58, cf. the Regulations sections 10-7 and 10-12.

Because a trainee must involve a training element, other pay requirements apply than is the case for ordinary employment relationships. The pay and working conditions must not be poorer than those stipulated in the applicable collective agreement or pay scale for employees in training.

If no such collective agreement or pay scale exists, the pay and working conditions must not be poorer than is normal for the occupation and place concerned. The employer must document the applicable collective agreement, pay scale of normal pay for the occupation and place in question.

If no collective agreement, pay scale or standard pay exists for trainees, the applicant must be paid enough to guarantee that the subsistence requirement is met.

Grants can replace wages in whole or in part.

Housing is deemed to be guaranteed when the foreign national has the use of a house, apartment, bedsit, room in a hall of residence etc. that meets official requirements. If the accommodation is rented, the applicant must present a written lease, cf. the Immigration Regulations section 10-12 first and second paragraphs.

2.6. Age requirement

The applicant must have reached the age of 15 years at the time of the decision in order to be granted a residence permit as a trainee. Applicants between the ages of 15 and 18, must have the consent of their parents or another person who has parental responsibility for them. Reference is made to the Immigration Regulations section 6-32 first paragraph.

2.7. Return conditions and the good conduct requirement etc.

A residence permit as a trainee that has been granted pursuant to the Immigration Regulations section 6-21 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 shall assess the conditions for the applicant’s return. The likelihood of the applicant leaving Norway when his/her permit expires if he/she does not have other grounds 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.

Moreover, the purpose of the applicant's stay must be in accordance with the permit applied for.

If the immigration authorities, on the basis of information about the applicant and general experience with certain regions 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 that he/she has a different purpose for applying for a permit than to be a trainee, the application will be rejected.

Importance will be attached to matters such as:

  • whether the applicant has previously applied for protection or a residence permit on other grounds
  • the applicant’s plan for the stay in Norway and whether it seems realistic
  • previous experience of trainees in the same situation from the applicant’s home country
  • previous experience of any sponsors in Norway, and
  • whether it is legally and practically possible to return the applicant to his/her home country.

Furthermore, an applicant who otherwise satisfies the conditions for being granted a residence permit can be denied a permit if there are circumstances 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.

3. The content and duration of the permit

The permit entitles the holder to work as a trainee for a specific employer, cf. the Immigration Regulations section 6-33 first paragraph. The decision shall state the job title (trainee), and the name and address of the employer. It must be emphasised that the permit does not entitle the holder to take other work than that stated in the decision.

The decision shall state whether the permit is renewable. The permit does not form the basis for a permanent residence permit, cf. the Regulations section 6-21 second paragraph. The permit may form the basis for family immigration, cf. Immigration Act section 49, cf. the Regulations section 9-6 first paragraph.

A first-time residence permit is normally granted for one year, cf. the Immigration Act section 60 first paragraph. However, the duration of the permit shall not exceed the period applied for, the duration of the employment relationship or the assignment, cf. the Immigration Regulations section 10-16 fifth paragraph.

4. Application and case processing procedures

4.1. Where to submit an application

4.1.1. Main rule: The application must be submitted in the trainee’s home country

As a rule, a first-time residence permit as a trainee must have been issued before the applicant enters Norway, cf. the Immigration Act section 56 first paragraph. This means that the applicant must submit his/her application to a Norwegian foreign service mission (embassy/consulate) in the country of which the applicant is a national, or to a Norwegian foreign service mission in the country in which he/she has held a residence permit for the last six months, cf. the Immigration Regulations section 10-2 third paragraph. If the application is submitted from another country than the applicant’s home country, it must be documented that he/she has held a valid permit in that country for the past six months.

4.1.2. Exception: Right to apply for a residence permit from Norway

For trainees, the UDI may issue guidelines and make exceptions from the requirement that a first-time residence permit must have been issued before entry into Norway, cf. the Immigration Act section 56 fifth paragraph, cf. the Immigration Regulations section 10-1 second paragraph.

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

To be entitled to submit an application from Norway, it is a condition that ‘the applicant is lawfully staying in the realm and that he/she is not staying in the realm in connection with an application for asylum or waiting to exit after his/her application for asylum was rejected’, cf. the Regulations section 10-1 third paragraph.

The application must be submitted in person to the police district in which the trainee is resident, cf. the Immigration Regulations section 10-2 fourth paragraph.

4.2. Fees

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

4.3. Documentation requirements

Residence permit applications must be submitted using the UDI’s form Application for a permit for residence or work (GP-7028). The form is available on the UDI’s website (www.udi.no), from the police and at the foreign service missions. All sections of the application must be filled in, and a photograph of the applicant must be enclosed along with the applicant’s signature, cf. the Immigration Regulations section 10-2 first paragraph.

The body that receives the application must make sure that the applicant has completed the relevant document list and submitted all documents in compliance with this list. The applicant shall be given a stamped copy of the document list as a receipt, confirming that the required documents have been submitted. The same applies if the application has been registered online through UDI’s application portal.

The document lists are available on UDI’s internet page:

The documents must be available in Norwegian or English. Documents in other languages must be translated by an authorised translator.

As a rule, it is sufficient to enclose copies of the documents. However, it is a condition that the original documents are presented on submission of the application. The applicant should bring along relevant copies when submitting the application.

4.4. Power of decision

The police have the authority to grant residence permits for trainees who are entitled to submit an application from Norway (see item 4.1.2), provided that there is no doubt that the conditions are met, cf. the Immigration Regulations section 13-1 first paragraph letter g), cf. the Immigration Act section 65 second paragraph.

In other cases, the UDI decides whether to grant the application, cf. the Immigration Act section 65 first paragraph.

4.5. Residence permit during case processing

When it is likely that the application will be granted, the applicant may, on his/her request, be granted a residence permit that is valid until the application has been decided, cf. the Immigrant Act section 57 first paragraph. Applicants must ask the police for such a permit when submitting the application. The police have the authority to grant a permit during the case processing when they have the documents of the case, cf. the Immigration Regulation section 13-1 first paragraph letter h), cf. the Immigration Act section 65 second paragraph. In other cases, the UDI has power of decision.

5. Renewal

5.1. Conditions for renewal

The permit will be renewed if the conditions for being granted a residence permit as a trainee are still met, cf. the Immigration Act section 61 first paragraph.

The trainee can apply for a residence permit to work for the same employer or a new employer, cf. the Immigration Act section 61 first and seventh paragraphs. The applicant must document that the work is still of material importance to his or her education.

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.

A permit pursuant to the Immigration Regulations section 6-21 can only be granted for a total of two years, cf. the Immigration Regulations section 6-21 first paragraph. The permit cannot be renewed after this, cf. the Immigration Regulations section 10-21 first paragraph.

5.2. Procedures for applying for renewal

An application for renewal must be submitted using the form Application for a permit for residence or work (GP-7028), 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 mission stations.

In addition to a completed application form, the applicant must submit a new standard contract signed by him/herself, the employer and the agency, if relevant. Editorial comment: Section 5.2, second sentence (marked in yellow) is outdated per 14 October 2015 and is currently under revisement. The UDI form standard employment contract for trainees shall not be used as it does not contain sufficient information about the employment as a trainee. Instead the offer of employment form which can be found at www.udi.no must be used. The standard contract of mediating organisations can still be used if it contains the same information as the offer of employment form. The contract must be signed by the employer and the applicant and must be stamped by the mediating organization.

The application for renewal 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 Regulations section 17-10 first paragraph.

5.3. Power of decision in renewal cases

The police have the authority to grant applications for the renewal of residence permits when there is no doubt that the conditions have been met, cf. the Immigration Act section 65, cf. the Regulations section 13-2 first paragraph. This applies even if the applicant has changed employers.

In other cases, the UDI decides whether to grant the application.

5.4. Content and duration of a renewed permit

In the same way as for first-time permits, a decision to renew a permit shall be linked to a specific job with a specific employer, cf. the Immigration Regulations section 6-21 first paragraph.

A renewed permit is normally valid from the date of expiry of the previous permit, cf. the Regulations section 10-24 second paragraph.

If the applicant is granted a permit for a total of two years, the decision must specify that the permit is not renewable.

6. Appealing a decision

A rejection of an application for a residence permit as a trainee can be appealed pursuant to the provisions of the Public Administration Act chapter 6. The applicant must submit the appeal him/herself. Alternatively, the employer can submit the appeal if the applicant has authorised him/her in writing to do so, cf. the Public Administration Act section 12.

The appeal must be submitted to the body that received the application, i.e. a Norwegian foreign service mission if the trainee applied from abroad, or the police if the application was submitted in Norway. The appeal shall not be sent directly to the UDI.

7. Revocation of a residence permit

A residence permit for a trainee can be revoked if the foreign national 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 first paragraph.

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
  • Changed: RS 2010-100 Residence permit for trainees, cf. the Immigration Act section 26 first paragraph letter b), cf. the Immigration Regulations section 6-21 (10/16/2015)

    Sections 2.2, 5.2 second sentence and annex 2 to the circular are outdated. The UDI form Standard employment contract for trainees shall not be used as it does not contain sufficient information about the employment as a trainee. Instead the Offer of employment form available at www.udi.no must be used. The standard contract of mediating organisations can still be used if it contains the same information as the offer of employment form. The contract must be signed by the employer and the applicant and must be stamped by the mediating organization.

  • Changed: RS 2010-100 Residence permit for trainees, cf. the Immigration Act section 26 first paragraph letter b), cf. the Immigration Regulations section 6-21 (7/5/2013)

    The circular has been updated. The documentation requirements are replaced with a link to the document list on udi.no.

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

Editor in Chief: Stephan Mo