To start page
  • Use of cookies
  • Archive
  • Sitemap
  • Contact
  • Print
  • Print
  • Change text size
Norsk

UDI circulars

RS 2010-181
Document-ID : RS 2010-181
Case-ID : 08/6227-58 (15/08517)
Last modified : 21.05.2012
Documentdate : 26.05.2010
Receiver :

Chiefs of Police
The foreign service missions
The Governor of Svalbard
Visa case officers in the Directorate of Immigration

Guidelines for preparing visa cases – documentation requirements

1. Introduction – the purpose of the guidelines

2. Relationship to international legislation

3. National legislation

4. The best interests of the child

5. Scope

6. General information about case preparation

6.1. Case-preparing BODIES

6.2. Completion of application and duty to provide guidance

6.3. Documentation requirements

6.4. Interview

6.5. Registration and verification

7. Schengen visa

7.1. General requirements for an application for a Schengen visa

7.1.1. Receipt for paid processing fee

7.1.2. Photo

7.1.3. Copy of approved travel document

7.1.4. Documentation of ability to return

7.1.5. Invitation

7.1.6. Family relationship

7.1.7. Funds to cover stay and trip

7.1.8. Travel medical insurance

7.1.9. Bonds of attachment to home country

7.1.10. Family occasion

7.1.11. Other events

7.2. Special requirements for different categories of applicants

7.2.1. Spouse/partner/cohabitant

7.2.2. Parents

7.2.3. Children

7.2.4. Adopted children/foster children

7.2.5. Siblings/half-siblings

7.2.6. Grandparents

7.2.7. Boyfriend/girlfriend

7.2.8. Friend

7.2.9. More distant relative

7.2.10. Business trip

7.2.11. Medical examination or check-up

7.2.12. Political, academic, cultural, sporting or religious events

7.2.13. Study visit of less than three months

7.2.14. Tourist

7.2.15. Seafarers

7.2.16. Cruise passengers

7.2.17. Diplomats and employees of intergovernmental organisations etc.

7.2.18. Family members of EEA or EFTA nationals

8. Application for a visa on humanitarian grounds etc. (national visitor’s visa)

9. Visa with limited territorial validity (VLTV)

10. Application for a multiple-entry visa

11. Extension of visas

12. Emergency visa – visas issued at the border

13. Special circumstances when the applicant has been expelled

14. Representation

1. Introduction – the purpose of the guidelines

This circular replaces the Directorate of Immigration’s (UDI) Circular 2010-107 ‘Guidelines for preparing visa cases – documentation requirements’ with two annexes.

The circular was prepared in connection with the entry into force of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) on 5 April 2010.

The Visa Code aims to facilitate legitimate travel and tackle illegal immigration in the Schengen area by establishing a common corpus of legislation for visa policy. Common legislation will also ensure that the processing of visa applications is carried out in a professional and user-friendly manner and that the quality of the services offered to the public is of a high standard and follows good administrative practices.

The UDI will implement the refugee and immigration policy in cooperation with the other parts of the immigration administration. To ensure high quality and efficiency in case processing, this circular sets out minimum requirements for the police and the foreign service missions’ preparation of cases involving visa applications or appeals.

The purpose of the circular is to highlight the role of the police, the foreign service missions and the Governor of Svalbard in case processing, and to ensure satisfactory completion of applications and that all necessary documentation has been submitted before the applications are processed. The goal is to reduce, as far as possible, the need to obtain further information after the application has been sent to the UDI.

It is also a goal that the individual applicant or appellant receives better information about what must be included in the applications.

 

2. Relationship to international legislation

The immigration administration must abide by both national and international legislation in its handling of visa cases. This also applies to the preparation of cases.

As a Schengen member, Norway is obliged to comply with the Schengen regulations. This mainly refers to:

  • Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) with annexes. This regulation is included as Appendix 8A to the Immigration Regulations

  • Handbook to the Visa Code, ‘Handbook for the processing of visa applications and the modification of issued visas (handbook 1)’ with annexes, see Commission Decision of 19 March 2010 (C(2010) 1620 final) and the UDI’s Circular 2010-172 : ‘The Visa Handbook (Handbook for the processing of visa applications and the modification of issued visas)’

  • The Schengen Convention of 19 June 1990

  • Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). This regulation is included as Appendix 9 to the Immigration Regulations.

In all cases concerning children, the best interests of the child shall be considered; see the Convention on the Rights of the Child Article 3. See section 4 below.

3. National legislation

Visas are mainly regulated by the Immigration Act sections 9 to 13 and the Immigration Regulations Chapter 3. Case processing is primarily regulated by the Immigration Regulations sections 3-16 to 3-20.

The authority that receives the visa application must ensure that it has been filled in accurately, and that the application is accompanied by the necessary enclosures. The relevant authority must obtain all the information about the applicant that is considered necessary in order to elucidate the case as far as possible before a decision is made.

4. The best interests of the child

Pursuant to Article 12 of the United Nations Convention of 20 November 1989 on the rights of the child, children have a right to be heard in cases that concern them. The Convention was incorporated into Norwegian law through Act no 30 of 21 May 1999 relating to the strengthening of the status of human rights in Norwegian law (the Human Rights Act) section 2(4). The best interests of the child shall be a fundamental consideration in all cases involving children.

The authority that prepares a case involving children must ensure that sufficient information has been provided in order for the case officer to be able to consider which outcome is in the best interests of the child. All children capable of forming their own opinions have a right to be heard, see the Public Administration Act section 17. Pursuant to the Immigration Act, cf. the Immigration Regulations section 17-3, children over seven years of age and younger children who are capable of forming their own opinions shall be informed and given an opportunity to be heard before a decision is made in cases that concern them.

The child is not obliged to express his/her opinion, and it is up to the child whether he/she wishes to do so. The purpose of the child’s right to be heard is, among other things, to shed light on the child’s life situation and how the child is affected by the case.

Children’s right to be heard is an independent right that is not dependent on the immigration authorities’ need for new information.

See also UDI Circular 2010-043 ‘Hearing children’s views in immigration cases – with the exception of asylum cases, cf. the Immigration Regulations sections 17-3 and 17-5’.

5. Scope

This circular applies to the following categories of visa applications:

  • Applications for a Schengen visa (C visa) for visits of up to three months (= 90 days) during a six-month period (= 180 days)
  • Applications for a Schengen visa (C visa) for transit purposes
  • Applications for a visa on humanitarian grounds etc. (national visitor’s visa) – for both visiting and transit purposes
  • Applications for a visa with limited territorial validity (VLTV) due to the travel document’s limited validity
  • Applications for a visa for multiple entries
  • Applications for a visa extension
  • Applications for a visa for a new entry following entry into Schengen
  • Applications for a visa at the border (emergency visa) – for both visiting and transit purposes
  • Applications for a visa for family members of EEA nationals – Schengen visa – (C visa) – for both visiting and transit purposes.

The circular does not apply to:

  • Applications for an airport transit visa (A visa), cf. the Immigration Regulations section 3-11 and the Visa Code Article 3
  • Applications for a residence permit for the purpose of receiving medical treatment, cf. the Immigration Regulations section 6-28 first paragraph. This applies even if the planned stay will not exceed three months. See UDI Circular 2010-049
  • Applications for a residence permit to accompany a foreign national who is going to receive medical treatment, cf. the Immigration Regulations section 6-28 second paragraph.

Nor does the circular apply to entry visas (D visas), for example:

  • Entry visas when a residence permit has been granted
  • Entry visas for skilled workers who have received a concrete offer of employment, cf. the Immigration Regulations section 3-13 third paragraph– see UDI Circular 2010-046
  • Visas for diplomats – see UDI Circular 2010-004
  • Visas for family members of Norwegian/Nordic nationals – see UDI Circular 2010-003
  • Visas for researchers and students – see UDI Circular 2010-001.

The list of D visas is not exhaustive.

The preparation of residence cases in which Norway represents the other Nordic countries in accordance with agreements on extended representation is not covered.

Nor is the use of Norvis/DUF, including registration, covered by the guidelines in this circular.

6. General information about case preparation

6.1. Case-preparing BODIES

The foreign service missions, the Governor of Svalbard and the UDI are responsible for preparing visa cases in both the first instance and in appeal cases. The police primarily prepare applications for visa extensions, visas for new entry and emergency visas. In addition, the police assist the foreign service missions and the UDI in preparing cases, for example by verifying and certifying guarantee declarations and by interviewing the sponsor when necessary.

6.2. Completion of application and duty to provide guidance

Every applicant must, as a rule, submit the application in person. The application shall be submitted no more than three months before the desired date of departure. The requirement also applies to children. Following an individual assessment, a foreign service mission can accept that persons known to them for their integrity and reliability submit their visa application via a third person or by post, see the Visa Code Article 10(2). Such exemptions cannot be made for first-time applicants.

When several persons apply together, each person must submit his/her own application. This also applies to children. The applicant must fill in the visa application accurately and sign it. Minors must submit an application form signed by their parent(s) or the person who is the minor’s permanent or temporary guardian.

The body that receives the application must check that the application is complete and sufficiently documented, that it meets the deadline in the Visa Code Article 9 first paragraph, and that the processing fee has been paid. It is the applicant’s duty to obtain any missing documents. The body that receives the application must set an appropriate deadline for the applicant to do so.

The applicant must be informed that the case processing time will increase if the application submitted is incomplete and the immigration authorities have to obtain further documentation. He/she must also be informed that there is an increased risk of the visa application being rejected if the requested information is not provided within the deadline stipulated by the immigration authorities.

Applicants who wish to be represented by an authorised representative must submit a written authorisation form along with the application, see UDI Circular 2010-128.

6.3. Documentation requirements

The minimum requirement for documentation that must be included in a visa case is stipulated in the Visa Code Part III, Chapter II, see in particular Article 10, cf. Article 14. A more detailed overview is available in handbook 1, Part II, section 6 Supporting documents and travel medical insurance and section 7.10 Additional documents, and Part III, section 3.6 Supporting documents for family members of EEA/EFTA nationals.

In addition, agreements within the local Schengen cooperation can establish that certain documents are required depending on what type of visa the application concerns. In collaboration with the other missions in the Schengen area, each foreign service mission shall prepare a list of the documentation that applicants must enclose with the application, cf. the Visa Code Article 48. The list must accompany the application form in English and in the language(s) spoken in the country in question.

The type of documentation required may vary from country to country and may change over time. The applicant must therefore check the requirements set by the foreign service mission in the country from which he/she applies. Original documents must be presented, and copies of the original documents must be enclosed along with a Norwegian or English translation. Documents in other languages than Norwegian or English must, as a rule, be translated by an authorised translator. It must be clear who has carried out the translation, and when.

The immigration authority that receives the application shall keep original documents issued in connection with the visa application, for example confirmation from the applicant’s employer or educational institution, guarantee forms and similar documents, or false or forged documents. False or forged documents must either be kept by the foreign service mission, to be used as evidence in an appeal case, if relevant, or be sent to the UDI together with the case to be decided.

6.4. Interview

Applicants may be required to make an appointment to submit an application. The appointment shall, as a rule, take place within two weeks of the date on which the appointment was requested, see the Visa Code Article 9 second paragraph.

During consideration of an application, the foreign service missions may, if necessary, ask the applicant to attend an interview and request additional documentation, cf. the Visa Code Article 21(8).

When a visa is issued, the applicant must confirm that he/she has been granted the visa for which he/she applied. The purpose of such confirmation is to avoid the person applying for an extension of the visa or a visa for new entry following his/her entry into Norway.

See also chapter 4 above concerning children's right to be heard.

6.5. Registration and verification

The foreign service mission is responsible for ensuring that the application form is complete before it is entered in Norvis. Documentation that is received later and/or interviews that are held at a later date shall also be registered in Norvis/DUF, in addition to decisions and appeals. The name of the guarantor, his/her address and telephone number must also be registered.

Appeals from persons other than the applicant or the applicant’s lawyer shall not be accepted or sent to the UDI without an authorisation, cf. the Public Administration Act section 12. The UDI bases its decision on the assumption that the information provided in the application or appeal has been registered correctly and, if necessary, certified. The same applies to enclosed documentation. If there is reason to doubt submitted information or documentation, the body that receives the application or appeal must provide information about this and give reasons for its doubts.

7. Schengen visa

The number and type of documents required in connection with a visa application varies according to the purpose of the visit, the duration and the final destination, plus local conditions in the applicant’s home country or country of residence.

For conditions for issuing visas to family members of EEA nationals, see 7.2.19.

Appendix 1 to this circular refers to the application form that is to be used for applications for visas to the Schengen countries, plus to guidelines for filling in the form.

7.1. General requirements for an application for a Schengen visa

When submitting his/her application, the applicant must submit documentation that enables the immigration authorities to assess whether he/she intends to leave the Schengen area when his/her visa expires, cf. the Visa Code Article 10(3) (f), cf. Article 14 and the Visa Code Annex II.

A complete visa application must contain the following documents:

7.1.1. Receipt for paid processing fee

Pursuant to the Visa Code Article 10(3) (e), the applicant shall pay the visa fee in accordance with Article 16 when he/she submits his/her visa application. No fee shall be charged in connection with appeal cases. Through local Schengen cooperation, the foreign service missions can reduce the amount or exempt several categories of applicants from the duty to pay a fee.

The Visa Code Article 16(7) states that:

‘The visa fee shall be charged in euro, in the national currency of the third country or in the currency usually used in the third country where the application is lodged, and shall not be refundable except in the cases referred to in Articles 18(2) and 19(3).

When charged in a currency other than euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and consulates shall ensure under local Schengen cooperation that they charge similar fees.’ See also Visa Handbook I, Part II, section 4.4.Visa fee. The fee can be paid in advance at a bank or in cash on submission of the visa application.

7.1.2. Photo

The photo must comply with the standards stipulated in Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas. See also applicable ICAO specifications and Visa Handbook 1, Part II, section 4.3.

7.1.3. Copy of approved travel document

Copies of all used pages in the travel document must be enclosed. Note that the travel document must also contain at least two unused pages. Pursuant to the Visa Code Article 12, it is also a requirement that the travel document is valid for at least three months after the intended date of departure from the Schengen area, and that it has been issued in the past ten years.

7.1.4. Documentation of ability to return

Pursuant to the Immigration Regulations section 3-4a third paragraph, a foreign national who holds a residence permit in another country than his/her home country must be able to return to his/her country of residence. The right to return must be valid for at least three months after the period for which the foreign national has been granted a visitor's visa.

7.1.5. Invitation

The invitation must contain information about the purpose of the visit. It should therefore contain detailed, relevant information about the person extending the invitation, the person who is invited and their family relationship or other relationship.

7.1.6. Family relationship

The visa applicant must present an overview of family relationships with names, dates of birth, dates of deaths if relevant, and addresses of family members in direct line of ascent or descent, spouse and siblings, to the extent that the foreign service mission/the police deem necessary. This applies to family members both in Norway and abroad. The family relationship or other relationship to the sponsor must be documented.

7.1.7. Funds to cover stay and trip

The applicant must document own funds for the stay or a guarantee declaration, cf. the Immigration Regulations sections 3-5 and the Visa Code Article 14(1) (b) and (c). He/she can document own funds by means of:

  • bank statements for at least the last three months
  • credit card and the balance for this account
  • cash
  • pay slips
  • employment contract
  • a guarantee form, stamped and signed by the police, see UDI Circular 2012-017.

7.1.8. Travel medical insurance

Documentation of travel medical insurance, cf. the Immigration Regulations section 3-4a second paragraph and the Visa Code Article 15, must be presented at the time of application, see the Visa Code Article 10(3) (g). This also applies to visa extension applications.

The police can grant exemption from the requirement for travel medical insurance for foreign nationals who apply for an emergency visa at the border, if such insurance is not available at the border crossing point in question, or on humanitarian grounds, cf. the Visa Code Article 35(1) second paragraph.

Pursuant to the Visa Code Article 15(1) second and third paragraphs, persons who apply for a visa for more than two entries must document that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit.

In addition, such applicants shall sign the statement in the application form, declaring that they are aware of the requirement for travel medical insurance for subsequent stays. The applicant does this by signing the correct box in the application form.

7.1.9. Bonds of attachment to home country

In order for the immigration authorities to be able to assess the applicant’s bonds of attachment to his/her home country, the following documents, insofar as they are relevant, must be enclosed with the application:

  • proof of employment/admission to studies: employment contract/letter of admission, pay slips, student card
  • confirmation from the employer or educational institution that the applicant has taken a leave of absence or is on holiday, and during what time period
  • documentation that the person in question owns real property.

7.1.10. Family occasion

In order for the immigration authorities to be able to assess whether welfare considerations apply, the applicant must document that he/she is participating in a family occasion such as a birth, Christening, wedding or a similar event. The documentation must show what the occasion is, and when it is to take place.

7.1.11. Other events

In order for the immigration authorities to be able to assess whether welfare considerations apply, the applicant must document that he/she is to be present in connection with illness, death, a funeral or other family events. The illness/death/time of the funeral must, as a rule, be documented. In the case of illness, the applicant must present a doctor’s certificate for the person in Norway who is ill. In principle, the doctor’s certificate must have been issued in accordance with the guidelines stipulated in the Directorate of Health’s circular SHDIR, IS-2006/09 ‘Requirements in connection with the issuing of certificates, medical certificates etc.’.

The body that receives the application must prepare a cover letter, dated and signed, which it sends to the UDI together with the application or appeal. The cover letter must clearly state which documents are sent to the UDI. If the applicant insists on applying for a visa despite the fact that the purpose of his/her stay falls outside the visa provisions, this must be stated in the cover letter.

In appeal cases, the foreign service mission’s assessment of the appeal must be stated on the same sheet.

The first instance decision must be enclosed with the appeal.

7.2. Special requirements for different categories of applicants

Documentation as described under this section must be presented in addition to the documentation mentioned under 7.1 above.

7.2.1. Spouse/partner/cohabitant

The applicant must document that he/she is related to the sponsor.

Cohabitants must document their cohabitation and marital status.

7.2.2. Parents

The applicant must document the family relationship.

Marital status must also be documented.

7.2.3. Children

The applicant, or the applicant’s parents/guardians, must document the family relationship and marital status.

If minor children travel alone without parents or guardians, written confirmation must be available that the child is allowed to travel to Norway. If the child travels together with one of his/her parents/ a guardian, the other parent must provide a written declaration of consent.

In addition, the applicant/ the applicant’s guardians/parents must enclose the documentation that is necessary pursuant to national legislation in their home country or country of residence in order for the minor to be able to leave the country.

7.2.4. Adopted children/foster children

The applicant, or the applicant’s parents/guardians, must document the family relationship and marital status.

In addition, the applicant or the applicant’s parents/guardians must document the adoption or that the sponsor is the applicant’s foster father or mother.

For minor adopted children/foster children, section 7.3 concerning minor children applies.

7.2.5. Siblings/half-siblings

The applicant, or the applicant’s parents/guardians, must document the family relationship and marital status.

For minor siblings, section 7.2.3 above also applies.

7.2.6. Grandparents

The applicants must document the family relationship and marital status.

7.2.7. Boyfriend/girlfriend

The applicant must document his/her marital status and the marital status of his/her boyfriend/girlfriend. Furthermore, the foreign service mission shall, as a rule, obtain information about the relationship based on an interview. Minutes of the interview shall be included in the application documents. The information must cover when and how the parties met, the extent and type of contact between the parties and with their families, in which language they communicate, whether they have lived together, and whether they have previously lived with/been married to a Norwegian national or a national of a Schengen state, see also the Ministry of Justice and the Police’s instructions GI-2010-001 concerning marriages of convenience, cf. the Immigration Act section 40 fourth paragraph. The information must be documented as far as possible, for example in cases where the parties state that they have visited each other before.

7.2.8. Friend

The applicant must document his/her marital status and the marital status of his/her friend. The foreign service mission must also, as a rule, obtain supplementary information through an interview. It is important to establish that the friendship is not actually a boyfriend/girlfriend relationship, see section 7.2.7. Minutes of the interview shall be included in the case documents.

7.2.9. More distant relative

The applicant must document the family relationship. In addition, the foreign service mission must, as a rule, obtain information through an interview; see the points above concerning visits from girlfriends/boyfriends and friends.

7.2.10. Business trip

Business travellers must submit the following documentation:

  • an invitation from the business associate in Norway to take part in an industry or work-related meeting/conference/event
  • information about who initiated the visit
  • other documentation of an established business or work attachment
  • information about the applicant’s enterprise/business (for example accounts), with confirmation from the enterprise that the applicant is travelling on its behalf
  • documentation of the applicant’s position in the company (employment contract or confirmation from his/her employer)
  • confirmation of temporary place of residence in Norway, for example a hotel reservation
  • entry ticket/ paid participation fee for conferences etc.

Lorry drivers must also enclose the following with their application:

  • a written request from the lorry driver’s national association in his/her home country or country of residence, which describes the purpose of the visit, its duration and the frequency of such visits
  • a written request from the corresponding association in Norway
  • an international driving licence.

7.2.11. Medical examination or check-up

Foreign nationals who are travelling to Norway to undergo a medical examination or check-up must present confirmation from the institution at which the check-up is to be carried out. The same applies to any accompanying persons. The foreign service mission must, on the basis of an interview, ensure that the purpose of the visit is not to receive medical treatment, as visas will not be issued for this purpose.

The following documentation must be enclosed:

  • confirmation from a practising doctor in the applicant’s home country or country of residence, appointed by the foreign service mission, stating that the necessary medical examination cannot be carried out in the country in question
  • an official document from the institution in Norway, confirming that the examination is necessary, that it can be carried out at the institution and that the patient has an appointment
  • documentation of sufficient funds for both the medical examination and pertaining expenses
  • any correspondence between the doctor who made the referral, and the institution at which the examination is to take place.

7.2.12. Political, academic, cultural, sporting or religious events

A foreign national who applies for a visa in order to take part in an event as mentioned above must document the following:

  • where and when the event is to take place
  • an invitation from the organiser, which states the name of the organisation hosting the event, the duration of the event and other information about the purpose of the visit. The invitation should preferably be addressed directly to the applicant but general invitations may be accepted.
  • if the visa applicant represents a not-for-profit organisation, he/she should present an official document from his/her home country confirming that it is a not-for-profit organisation and that the applicant represents the organisation
  • the applicant’s role during the event
  • admission ticket/ paid participation fee
  • the applicant’s position in a corresponding industry or organisation in his/her home country, for example an employment contract or confirmation from the employer
  • that the person in question is an active athlete at the appropriate level at a sporting event
  • membership of a political party
  • temporary place of residence in Norway, for example a hotel.

Members of official delegations taking part in meetings, consultations, negotiations or exchange programmes, plus events organised by intergovernmental organisations, must submit:

  • a copy of the official invitation, which must be addressed to the government of the applicant’s home country or country of residence
  • a letter from the authorities of the applicant’s home country or country of residence, confirming that the applicant is a member of the country’s official delegation.

7.2.13. Study visit of less than three months

The applicant must document his/her admission to the study programme, for example by means of a letter of admission or a study letter/student card issued by the educational institution in the host country, financing of the studies and his/her temporary place of residence.

7.2.14. Tourist

It is a requirement that the applicant has an itinerary for his/her journey. The applicant must therefore submit the following documentation:

  • travel route
  • booking of transport
  • confirmation of hotel reservation or other form of accommodation, or an invitation from the sponsor/host. Read more about the formal requirements in UDI Circular 2010-056
  • booking of a return ticket or driving licence and car insurance if the person in question travels by car.

7.2.15. Seafarers

The foreign service mission must find out whether the applicant needs a visa for more than one entry, for example when the applicant wishes to sign both on and off in Norway.

The following documents must be submitted:

  • a seafarer’s book
  • confirmation from the shipping company in Norway, specifying the name and rank of the seafarer, the name of the vessel, the date of arrival at the Norwegian port and the date on which the seafarer is to sign on or off, see the Visa Code Article 36, in particular (2) regarding ‘the use of a duly completed form for seafarers’, see Annex IX to the Visa Code, Part 2.

Even if the applicant holds a seafarer’s identity document issued in accordance with the ILO Convention No 108 or ILO Convention No. 185, cf. the Immigration Regulations section 3-1 letter j), or a Philippine ‘Seafarer’s Identification and Record Books’ or a Philippine passport, see the Immigration Regulations section 3-1 letter k), and is therefore not subject to a visa requirement to enter Norway, he/she may nonetheless be subject to a visa requirement in other Schengen countries. If the seafarer comes to Norway first and then travels to countries in the Schengen area in which he/she is subject to a visa requirement, the application shall not be submitted to the Norwegian immigration authorities. The application must in such case be submitted to the country in which the applicant is subject to a visa requirement.

7.2.16. Cruise passengers

The applicant must document the travel route. This will form the basis for the assessment of how many entries the visa is valid for, so that the journey can be completed as planned.

7.2.17. Diplomats and employees of intergovernmental organisations etc.

Diplomats, employees of intergovernmental organisations or convention bodies and contractors for intergovernmental organisations or convention bodies shall document the purpose of their visit to Norway and that they represent their organisation. The same applies to foreign nationals who come to Norway on public assignments (meetings, seminars, negotiations or exchange programmes).

For holders of diplomatic, service or special passports, it is the issuer of the passport that must apply for a visa. The Ministry of Foreign Affairs in the country that issued the passport must notify the host country when it receives a visa application. This also applies to events organised under the auspices of an EU institution.

7.2.18. Family members of EEA or EFTA nationals

Family members of EEA/EFTA nationals who are moving to another EEA/EFTA country than their own together with or to be reunited with the EEA/EFTA national and who are subject to a visa requirement, shall, as a rule, be granted a Schengen visa, cf. the Immigration Regulations section 3-8. It is a condition that the family was established before entry to Norway, cf. the Immigration Act section 110 second paragraph. By family is meant persons mentioned in the Immigration Act section 110 third paragraph and in the Immigration Regulations section 19-7 first paragraph.

Family members as defined above are exempt from the requirement to pay a fee and to document travel medical insurance. The applicant must only document:

  • family relationship with/bonds of attachment to the EEA/EFTA national
  • valid passport
  • that the EEA national is exercising his/her right to free movement pursuant to the EEA Agreement or the EFTA Convention, for example a copy of the EEA national’s registration certificate, valid ID or travel document.

For conditions relating to the family member’s right of residence in Norway, see UDI Circular 2010-025.

Special rules apply to family members of nationals of Switzerland, see Visa Handbook 1, Part I, section 4, and Part III.

8. Application for a visa on humanitarian grounds etc. (national visitor’s visa)

Such visas shall only be issued in exceptional cases, as they mean that not all conditions pursuant to the Schengen regulations have been met.

It is particularly important that as much information as possible has been obtained and documented. The applicant must document that the visit is necessary on humanitarian grounds, on the basis of national interests or because of international commitments, cf. the Immigration Act section 11 and the Immigration Regulations section 3-12. See also the Visa Code Article 25(1). The documentation must also state the reason why normal consultation procedures cannot be followed, if relevant. The foreign service mission must obtain supplementary documentation through interviews.

In addition, documentation as mentioned under section 7.1 must be submitted to the extent that this is appropriate.

 

Only the UDI can grant national visitor’s visas, cf. the Immigration Act section 13 first paragraph.

9. Visa with limited territorial validity (VLTV)

If one or more Schengen member states do not recognise the applicant’s travel documents (see the table of travel documents included in Annex 10 to Visa Handbook 1), a visa with limited territorial validity (VLTV) may be issued, see the Visa Code Article 25(3). In such cases, the applicant must submit documentation showing that he/she does not intend to follow a travel route that crosses countries to which the person does not have access pursuant to his/her travel document.

In addition, documentation as mentioned under section 7.1 must be submitted to the extent that this is appropriate.

10. Application for a multiple-entry visa

A foreign national who applies for a multiple-entry visa must document that he/she has a special need for multiple entries. See the Visa Code Article 24(2) (a) about requirements for documentation of intention.

Pursuant to the Immigration Regulations section 3-9 third paragraph final sentence, certain categories of persons can be granted multiple-entry visas with a validity of up to five years. The Ministry of Labour stipulates more detailed guidelines inCircular G-2010-007 ‘Guidelines concerning multiple-entry visas with a validity of up to five years (the Immigration Regulations section 3-9 third paragraph third sentence)’.

Pursuant to the Ministry of Labour’s circular, the applicant must document:

  • previous regular travel to Norway,
  • that he/she has complied with the conditions for previously issued visas, and
  • a genuine future need for multiple entries into Norway in the relevant period.

The needs requirement does not apply if the applicant is subject to a visa requirement and is a national of a country with which Norway has signed a visa facilitation agreement.

The following categories of applicants may be granted a multiple-entry visa:

  • business travellers
  • professional drivers
  • seafarers
  • persons taking part in official visits
  • close family members of persons with legal residence in Norway
  • close family members of Norwegian nationals living abroad
  • family members of EEA nationals and EFTA nationals who exercise their right to free movement pursuant to the EEA Regulations and have legal residence in Norway
  • persons who take part in academic, cultural or sports-related official programmes/events
  • persons who are covered by international agreements
  • persons living in Murmansk and Arkhangelsk Oblast (and who are not covered by any of the previously mentioned categories).

It is important to note that multiple-entry visas are not issued for several years at a time, but are issued stepwise on the basis of a documented need.

In addition, documentation as mentioned under section 7.1 above must be submitted to the extent that this is appropriate.

This also applies to cases where the applicant applies for a visa for a new entry after arriving in Norway. When the applicant applies for a new entry after arriving in Norway, cf. the Immigration Regulations section 3-19 second paragraph, the police must ensure that all personal information has been received and registered. The applicant must state the purpose of the new trip and document the need for a new entry. He/she must also provide information about any new sponsors.

11. Extension of visas

Visas are only extended in exceptional cases, see the Immigration Regulations section 3-19 first paragraph and the Visa Code Article 33(1) and (2).

When applying for a visa extension, the applicant must document that unforeseen circumstances have arisen that mean that he/she has a genuine need to extend his/her stay in Norway. The applicant must also provide information about any new sponsors.

12. Emergency visa – visas issued at the border

In exceptional cases, a visa can be issued at border crossing points; see the Immigration Regulations section 3-18 and the Visa Code Article 35(1).

When applying for a visa at the border, the applicant must document that he/she has not had an opportunity to apply for a visa in advance, and that unforeseen and necessary reasons for entry exist. The applicant must also provide information about the duration of the stay. Pursuant to the Visa Code Article 35(3), the stay cannot exceed a maximum duration of 15 days. For foreign nationals in transit, the duration must correspond to the time it takes to fulfil the purpose of the transit.

The visa applicant must also submit documentation as mentioned under 7.1 to the extent that this is appropriate.

The police must ensure that no grounds for rejection or expulsion exist and check whether the application must be sent for consultation. In such case, a visa that is valid for the whole Schengen area shall not be issued, but a national C visa, cf. the Immigration Regulations section 3-18 second paragraph.

13. Special circumstances when the applicant has been expelled

Violation of a prohibition on entry is a criminal offence for a person who has previously been expelled and is subject to a permanent or limited prohibition on entry that is still valid, cf. the Immigration Act section 108 first paragraph letter a) and the General Civil Penal Code section 342 first paragraph.

In order for a foreign national who has been expelled to be granted a residence permit in Norway, he/she must apply to have the prohibition on entry lifted, cf. the Immigration Act section 59. Applications for visas or residence permits from expelled foreign nationals who are subject to a prohibition on entry that is still valid are therefore also deemed to be applications for the temporary lifting of a prohibition of entry, or access to Norway for a short visit without the prohibition on entry being revoked.

An application to have the prohibition on entry lifted is submitted by filling in the UDI’s form Application for the temporary lifting of a prohibition on entry or access to Norway for a short visit without the prohibition on entry being revoked, or by including it as an enclosure with another application, for example a visa application or an application for a work permit on the grounds of family reunification. On application, an expelled foreign national may be granted leave to enter the realm, but, as a rule, not until two years have elapsed since the date of exit, cf. the Immigration Act section 71 second paragraph. The main condition for lifting the prohibition on entry is that new circumstances have arisen. Special circumstances must exist in order for an expelled person to be granted a short visit without the prohibition on entry being revoked.

An important factor in the assessment of whether to lift the prohibition on entry and whether to grant a short visit is whether circumstances have developed significantly differently than was assumed at the time the decision to impose a prohibition on entry was made.

It also has a bearing on the assessment whether any changes are due to circumstances outside the influence of the foreign national and his/her family. The foreign service mission must therefore inform the applicant that any changes in his/her situation must be documented.

In addition to the completed application form, the following documentation must be enclosed:

  • a copy of the applicant’s passport or birth certificate
  • the date of departure from Norway, for example by an exit stamp in the passport or tickets that indicate when the departure from the realm took place
  • payment of deportation expenses, if the foreign national did not leave the realm voluntarily.

If the foreign national has been expelled on the basis of criminal offences, an up-to-date certificate of conduct from the home country and/or another country in which the applicant has resided following his/her departure from Norway should be enclosed.

The foreign service mission and the Governor of Svalbard should state in the cover letter whether the application from the expelled foreign national has been submitted in person.

14. Representation

Guidelines for representation agreements have been included in the Visa Code Article 8; see also the Immigration Regulations section 3-14 second paragraph. Norway has entered into representation agreements with a number of states. This means that foreign service missions in other Schengen countries have the authority to grant visa applications and to issue visas on behalf of Norway, and vice versa.

If a foreign service mission representing Norway is in doubt about the outcome of the case, the foreign service mission must, pursuant to the Visa Code Article 8(2), ‘submit the application to the relevant authorities of the represented Member State in order for them to take the final decision on the application’.

An overview of Norway’s representatives in certain countries is included in the Immigration Regulations Annex 15.

When Norway represents other states, the foreign service mission shall, insofar as this is relevant, follow the same guidelines and procedures as for the preparation of visa applications to Norway. The goal of the processing is, as always, to establish whether the application will clearly be granted, whether there is doubt about the outcome or whether the application is likely to be rejected. In the two latter cases, the Norwegian foreign service mission must forward the case pursuant to the guidelines in the Visa Code Article 8(2).

Norway has entered into a number of agreements concerning extended representation with the other Nordic countries. The preparation of visa cases follows Norwegian regulations and practice. In the case of extended representation, the case is forwarded directly to the competent visa authority in the represented Nordic state when a case cannot be decided by the Norwegian foreign service mission in question, i.e. when the foreign service mission is in doubt or believes the visa application should be rejected. However, this does not apply to Finland, where the case is forwarded to a Finnish embassy in the region because visa cases are not processed by the central Finnish immigration authorities. Agreements on extended representation do not apply to visa cases alone, but also to residence permit cases. The latter case type falls outside the guidelines in this circular.

 

Karl Erik Sjøholt
Head of department

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

 

Latest changes
  • Changed: RS 2010-181 Guidelines for preparing visa cases – documentation requirements (6/17/2016)

    The circular is updated with reference to the new codified Schengen Borders Code (Regulation (EC) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders, which was implemented in the Immigration Regulations Section 4-1 on 10 June 2016.

  • Endret: RS 2010-181 Retningslinjer for forberedelse av visumsaker - dokumentasjonskrav (5/26/2014)

    Rundskrivets punkt 2 er oppdatert ved at henvisningen til vedlegg 8A og 9 i utf. er fjernet. (Vedlegg 8A og 9 til utf. er opphevet jf. FOR-2014-03-18-296).

  • Changed: RS 2010-181 Guidelines for preparing visa cases – documentation requirements (2/4/2013)

    Chapter 7.2.16 is removed from the circular, due to the repeal of the visa requirement for foreign nationals on a pleasure yacht in the Immigration Regulations section 3-20.

  • Endret: RS 2010-181 Retningslinjer for forberedelse av visumsaker - dokumentasjonskrav (2/4/2013)

    Endring som følge av at utlendingsforskriften §§ 3-20 og 4-2 (utlendinger på lystseilas i norsk territorialfarvann) ble opphevet den 01.02.2013. Punkt 7.2.16 er fjernet fra rundskrivet.

Utlendingsdirektoratet
Norwegian Directorate
of Immigration

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

Editor in Chief: Stephan Mo
Kontakt nettredaksjonen