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Norsk

UDI circulars

Document-ID : RS 2010-116
Case-ID : 16/02098
Documentdate : 02.02.2018
Receiver :

Chiefs of Police
The foreign service missions
Directorate of Immigration

Residence permits for youth exchanges for Canadian nationals – cf. Section 6-27 of the Immigration Regulations


1. Introduction

2. The relationship between Norwegian law and international agreements

3. Conditions for a permit

3.1. Requirements relating to the foreign national

3.2. The purpose of the stay

3.2.1. Work experience

3.2.2. Studies

3.2.3. Internship

3.2.4. Holiday work

3.2.5. Tourist

3.3. Pay and working conditions

3.4. Subsistence, return ticket and insurance

4. The content and duration of the permit

4.1. Content

4.2. Duration

5. The application procedure

5.1. Place of application

5.2. Documentation requirements

5.3. Fees

6. Power of decision

7. Renewal

7.1. Conditions for renewal

7.2. Application procedure

7.3. Power of decision relating to renewal

8. Appeal

9. Revocation of permits

 

1. Introduction

Norway has entered into an agreement with Canada on youth exchanges. Reference is made to ‘the Memorandum of Understanding between the Government of the Kingdom of Norway and the Government of Canada’, which entered into force on 30 October 2006 (the agreement). The purpose of the agreement is to give young nationals of the two countries a greater opportunity to reside in the other country to take higher education, gain work experience or practical training at a workplace, and to improve their knowledge of the other country’s language, culture and society.

Young people from Canada who are covered by the agreement can apply for a permit for a working holiday, cf. Section 6-27 of the Immigration Regulations. The Norwegian authorities shall grant such a permit if the conditions of the agreement are met.

2. The relationship between Norwegian law and international agreements

Pursuant to Section 3 of the Immigration Act, ‘the Act shall be applied in accordance with international provisions by which Norway is bound when these are intended to strengthen the position of the individual’. A bilateral agreement is binding on both parties and will fall under the term ‘international provisions’ in Section 3 of the Act.

This means that, as a rule, the Immigration Act shall be applied in such a way that it does not conflict with Norway’s international commitments, as long as this benefits the foreign national.

3. Conditions for a permit

The agreement stipulates various conditions relating to the foreign national and the purpose of his or her stay in Norway.

3.1. Requirements relating to the foreign national

To be granted a residence permit for a working holiday in Norway, it is a condition that the foreign national is a Canadian national resident in Canada. If the foreign national at the time of the application provides an address abroad, he or she must document that he or she is registered as a resident in Canada.

In accordance with the agreement, the foreign national must have reached the age of 18 and not be older than 35 (i.e. not reached the age of 36) when the application is submitted.

3.2. The purpose of the stay

The agreement sets out five alternative categories relating to the purpose of the stay in Norway. To be granted a residence permit, it is a condition that the applicant falls under one of these categories. Since a residence permit can be granted that provides a general right to take employment for a total of two years, regardless of which purpose is invoked, further consideration will not be given to which of the categories the foreign national falls under.

3.2.1. Work experience

Persons with higher education who wish to obtain further training through an employment relationship and improve their knowledge of the country’s language, society and culture can be granted a residence permit pursuant to the agreement. By higher education is meant education at university or university college level.

3.2.2. Studies

Students who wish to take part of their studies at a university or university college in Norway can be granted a residence permit pursuant to the agreement. The student exchange must take place within the framework of an agreement between the universities or university colleges relating to education and practical training.

3.2.3. Internship

Persons who are to complete an internship in an enterprise in Norway as part of their education or training can be granted a residence permit pursuant to the agreement. By internship is meant both paid and unpaid employment.

3.2.4. Holiday work

Students who wish to work in Norway during the university or university college holiday in their country of origin can be granted a residence permit pursuant to the agreement.

3.2.5. Tourist

A residence permit can also be granted when the primary purpose of the stay in Norway is to be a tourist. The stay is not deemed to be a holiday if the applicant’s employment relationship is of a greater scope than odd jobs or casual work, even if a permit pursuant to Section 6-27 of the Immigration Regulations grants a general right to take employment. In accordance with established administrative practice, casual work means casual employment relationships of up to six months’ duration with each employer. Income from such work is intended to supplement the financing of the stay in the country.

Note that the limitation that applies to the duration of the employment relationships only applies to stays as a tourist, and not for young people as described in sections 3.2.1. – 3.2.4.

3.3. Pay and working conditions

Residence permits pursuant to Section 6-27 of the Immigration Regulations are not subject to the pay and working conditions requirements that follow from Section 23 of the Act.

3.4. Subsistence, return ticket and insurance

The foreign national covered by the agreement must be able to document assured subsistence for the first period of their stay as well as sufficient means to purchase a return ticket. This means that the applicant must document means of support for the first three months in the form of bank deposits and/or documentation of a concrete offer of work for the first period of the stay in Norway. If the stay in Norway is to be financed through a loan, the applicant must submit a confirmation from the bank that the loan has been granted.

In exceptional cases, a third-party guarantee can be accepted as documentation of subsistence, cf. Section 10-7 of the Immigration Regulations.

The subsistence requirement is deemed to be met if the foreign national can document means of support corresponding to the basic grant (student loan) for higher education in the Norwegian State Educational Loan Fund (Lånekassen), see appendix.

The foreign national must have an insurance policy that, among other things, covers expenses in the event of hospital admission and repatriation. The insurance must be valid for the whole period of residence in Norway. It is not a requirement that the applicant presents documentation of having taken out an insurance policy before an application for a residence permit can be granted. It is a condition that the applicant has taken out the required medical insurance and full hospital insurance policies before entry and that these policies are valid during the applicant’s period of residence in Norway. However, consent to take out this insurance policy must be provided in connection with the submission of the application for a residence permit.

4. The content and duration of the permit

4.1. Content

Residence permits are issued pursuant to Section 6-27 of the Immigration Regulations.

The residence permit confers a general right to take up employment.

The permit does not form the basis for a permanent residence permit, cf. Section 6-27 second paragraph of the Immigration Regulations.

The permit does not form the basis for family immigration, cf. Section 9-6 of the Immigration Regulations. The reason for this is that the requirements relating to pay and working conditions that apply to young people on a working holiday do not cover bringing family members to Norway.

4.2. Duration

In general, a first-time residence permit is granted for two years, but not, however, for longer than the period applied for, cf. Section 10-16 of the Immigration Regulations. If there are considerations indicating that the duration should be further limited, the permit shall be granted for a shorter period. An example of such considerations would be a need to check whether the conditions for the permit continue to be met. The immigration authorities consider that there is such a need to control permits granted pursuant to Section 6-27 of the Immigration Regulations. As a rule, therefore, first-time permits shall not be granted for more than one year.

5. The application procedure

5.1. Place of application

A first-time residence permit shall be granted prior to entry into Norway, cf. Section 56 first paragraph of the Immigration Act. Exceptions from this rule are foreign nationals who are qualified skilled workers, cf. Section 10-1 first paragraph letter (a) of the Immigration Regulations. It is a condition that the applicant has legal residence in Norway at the time the application is submitted, cf. third paragraph of the provision.

If the above-mentioned conditions for submitting an application from Norway are not met, the application must be submitted at a Norwegian foreign service mission in Canada, cf. Section 10-2 third paragraph of the Immigration Regulations.

5.2. Documentation requirements

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:

Original official documents (certificates of education, certificates of service etc.) must be presented to the foreign service mission/police, but they shall not be enclosed with the application. Only copies, certified by the foreign service mission/police, must be enclosed with the application. It is important that it is clearly stated that the foreign service mission/police have seen the original document. A translation of the documents into Norwegian or English by an authorised translator must also be enclosed with the application.

5.3. Fees

A processing fee must be paid in connection with submitting an application for a residence permit in order to have the application considered, cf. Section 17-10 of the Immigration Regulations.

6. Power of decision

Administrative decisions concerning first-time residence permits are made by the Directorate of Immigration (UDI), cf. Section 65 of the Immigration Act.

7. Renewal

7.1. Conditions for renewal

Residence permits issued pursuant to Section 6-27 of the Immigration Regulations can be renewed, cf. Section 10-21 first paragraph, on condition that the conditions set out in Section 6-27 are still met. Permits granted pursuant to this provision cannot, however, be issued for more than two years in total.

It is emphasised that the foreign national is not required to stay outside the realm between two residence permit periods pursuant to this provision, even if the agreement contains such a requirement. Nor is the applicant required to substantiate that the continued period of residence is for another purpose than that originally provided, even if the agreement contains such a requirement. In this context, reference is made to the information in section 2 concerning the relationship between Norwegian law and international agreements.

7.2. Application procedure

An application for renewal must be submitted on the prescribed form. The form is available on the UDI’s website (www.udi.no), from the police and at foreign service missions.

The application shall be submitted to the police in the district where the applicant has his or her permanent place of residence, cf. Section 10-27 of the Immigration Regulations.

7.3. Power of decision relating to renewal

As a rule, applications for renewal of a residence permit pursuant to Section 6-27 of the Immigration Regulations are decided by the UDI, cf. Section 65 of the Immigration Act.

However, the police has the authority to grant applications for renewal of a residence permit if there is no doubt that the conditions are met, cf. Section 13-2 of the Immigration Regulations.

8. Appeal

Rejection of an application for a residence permit pursuant to Section 6-27 of the Immigration Regulations can be appealed pursuant to the provisions of the Public Administration Act Chapter 6. The appeal shall be submitted to the body (Norwegian foreign service mission or the police) that informed the applicant about the decision.

9. Revocation of permits

A residence permit 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. Section 63 of the Immigration Act.


Karl Erik Sjøholt
Head of Department

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

Latest changes
  • Changed: RS 2010-116 Residence permits for youth exchanges for Canadian nationals – cf. Section 6-27 of the Immigration Regulations (2/2/2018)

    The circular and attachment are now available in English.

  • Changed: RS 2010-116 Oppholdstillatelse ved ungdomsutveksling for canadiske borgere – jf. utlendingsforskriften § 6-27 (7/4/2013)

    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