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Norsk

UDI circulars

RS 2011-037
Document-ID : RS 2011-037
Case-ID : 15/07481-4
Documentdate : 23.11.2018
Receiver :

The Directorate of Immigration (UDI)
The police districts
The foregn service missions

Residence on an independent basis for EEA nationals – conditions and documentation requirements – Section 112 of the Immigration Act, cf. Sections 19-12, 19-13 and 19-13a of the Immigration Regulations


1. Introduction

This circular deals with right of residence in Norway for citizens of an EU/EEA/EFTA country (hereinafter referred to as EEA nationals).

Chapter 13 of the Immigration Act of 2008 implements Directive 2004/38/EC on the right of citizens in the Union and their family members to move and reside freely within the territory of the Member States into Norwegian law.

However, EEA nationals are also free to apply for a residence permit pursuant to the other provisions of the Immigration Act (the general regulations).

2. To whom does the circular apply?

The circular applies to EEA nationals who wish to reside in Norway as an employee, self-employed person, service provider, student or person with sufficient means of support. For right of residence as a family member of an EEA national, see circular RS 2010-025.

EEA nationals can take up employment and stay in Norway for up to three months without registering. It is a condition for right of residence that the person in question has a valid passport or identity card and does not become an unreasonable burden on public welfare systems, cf. Section 111 first paragraph of the Immigration Act. Further information about what is meant by an ‘unreasonable burden’ is provided in circular RS 2011-035.

An EEA national who stays in Norway for more than three months is obliged to register. To be registered, he or she must have grounds for residence as an employee, self-employed person, service provider, student, or have sufficient means to stay in Norway, see section 3 below.

EEA nationals who do not meet the conditions for grounds for residence do not have a right of residence for more than three months and must leave Norway.

This circular does not apply to

  • family immigration with EEA nationals. Guidelines are provided in circular RS 2010-025.
  • service providers and business starters who are not EEA nationals, but who have rights pursuant to the EEA regulations. Guidelines are provided in circular RS 2011-038.

3. Grounds for residence

This section deals with different grounds for residence for more than three months. Residence for up to three months is described in more detail in circular RS 2011-035.

To have right of residence, circumstances must not exist that constitute grounds for denying the foreign national entry into or residence in Norway pursuant to other provisions of the Act. The same applies if the foreign national has deliberately provided incorrect information or omitted to provide information about matters of material importance, cf. Section 120 first paragraph of the Immigration Act.

3.1. Employees, cf. Section 112 first paragraph letter (a) first alternative of the Immigration Act

For an EEA national to have right of residence as an employee, the following criteria must be met:

  • The person in question must carry out work for another person for remuneration.
  • The employer must be the employee’s superior.
  • An employment relationship must exist with an employer who actually operates in Norway. If the employer is a staffing enterprise, the employee must have been offered at least one specific assignment. It is not sufficient to only be linked to the enterprise. The employer can also be a private person.
  • For a person participating in a work-oriented activity supported by NAV to be covered by the term employee, it is a condition that he or she has ordinary employment for an employer and receives pay. Work-oriented measures that entail an employer/employee relationship are described in

Other assistance from NAV does not establish an ordinary employer/employee relationship and will not form grounds for residence as an employee.

If the person falls outside the term employee, it must be considered whether he or she has right of residence on the basis of other circumstances.

The employee can change employers and have more than one employer at a time. There are no requirements relating to the type of work or the employee’s expertise.

The offer of employment must be genuine for the person to be deemed an employee.

The scope of the offer of employment, however, cannot be of a marginal nature. A specific lower limit for what is deemed sufficient cannot be stipulated. In its judgment in the case Genc (C-14/09), the European Court of Justice states that a person can be deemed to be an employee even if the working hours do not exceed 10 hours per week. If the employee is to work less than 10 hours per week, the immigration authorities must make a concrete overall assessment. In the assessment, the authorities must emphasise the number of working hours per week and the amount of pay, whether the person has a right to a paid holiday and sickness pay, and whether the employment contract is covered by an applicable collective agreement or pay scale.

Nor can a specific lower limit be stipulated for the duration of the employment contract. The decisive factor is whether the employment relationship is genuine. In the case of Ninni-Orasche (C-413/01), the European Court of Justice (now the Court of Justice of the European Union) ruled that a temporary employment relationship of a two and a half months duration was sufficient. Whether the duration of an employment contract is sufficient rests on a concrete overall assessment in each case.

3.1.1. Documentation requirements

  • a valid ID document issued by an EEA or EFTA country that is approved as a travel document, cf. Section 8 of the Immigration Act, cf. Section 2-10 of the Immigration Regulations and Appendix 4.

   It is not necessary to present a passport photo when registering.

  • original documents, and translations into Norwegian or English
  • documentation of the employment relationship
  • if employed in a staffing enterprise: documentation of at least one assignment

The employment relationship can be documented by producing an employment certificate (GP-7116, see www.udi.no ) or a valid employment contract. The minimum requirement for information in an employment contract is set out in Section 14-6 of the Working Environment Act, including the parties’ identity, the place of work, position, start date of the employment relationship, expected duration of the employment relationship, pay, daily and weekly working hours.

3.2. Self-employed persons, cf. Section 112 first paragraph letter (a) second alternative of the Immigration Act

For an EEA national to be granted right of residence as a self-employed person, he or she must substantiate genuine business activity in Norway. The assessment can be based on all documentation that shows that the person is running or intends to run genuine business activities. An employee–employer relationship does not, in other words, have to exist.

Different types of business activities are permitted, but to be deemed self-employed, the person in question must hold a position that makes his or her stay in Norway necessary to establish and/or run the business, i.e. he or she plays a key and active role. Whether the degree of active participation is sufficient must be considered on an individual basis. This will not normally be problematic in the case of a sole proprietorship. Persons who are only owners or investors (typically a shareholder) will not fall under the provision.

3.2.1. Documentation requirements

  • a valid ID document issued by an EEA or EFTA country that is approved as a travel document, cf. Section 8 of the Immigration Act, cf. Section 2-10 of the Immigration Regulations and Appendix 4.

   It is not necessary to present a passport photo when registering.

  • original documents, and translations into Norwegian or English
  • documentation of self-employment

   Self-employment can be documented through different combinations of the following documents

  • a transcript from the Central Coordinating Register for Legal Entities/Norwegian Register of Business Enterprises
  • contracts with customers
  • budgets or accounts
  • documentation of VAT reporting
  • contracts or receipts for purchase/renting of premises, cars, equipment/tools or similar
  • invoices showing remuneration for assignments already carried out

3.3. Service providers, cf. Section 112 first paragraph letter (b) of the Immigration Act

For an EEA national to have right of residence as a service provider, the following criteria must be met:

  • The EEA national must be a seconded employee from a company established in another EEA country, or from a staffing enterprise established in another EEA country.

   He or she can also be self-employed in an EEA country and go on an assignment to Norway (independent contractor)

  • The assignment must be of a limited duration.
  • The principal’s registered business address must be in Norway. The principal can also be a staffing enterprise or a private person.

3.3.1. Documentation requirements

  • a valid ID document issued by an EEA or EFTA country that is approved as a travel document, cf. Section 8 of the Immigration Act, cf. Section 2-10 of the Immigration Regulations and appendix 4

   It is not necessary to present a passport photo when registering.

  • original documents, and translations into Norwegian or English
  • the employment contract between the service provider and the foreign employer

   If the service provider is self-employed, documentation must be produced that the company is registered in an EEA country.

  • assignment contract between the foreign company in which the service provider is employed (or runs) and the principal in Norway.
  • The assignment contract must include information about the assignment and its duration. In certain cases, a written confirmation from the principal in Norway of the nature and duration of the assignment will be sufficient.

3.4. Persons with sufficient means of support, cf. Section 112 first paragraph letter (c) of the Immigration Act.

EEA nationals who are not covered by the grounds for residence described in sections 3.1, 3.2 and 3.3 have a right of residence in Norway for more than three months nonetheless if they have sufficient means of supporting themselves and any family members. Persons in this group have right of residence in Norway as long as they do not constitute an unreasonable burden on the Norwegian welfare system.

Tourists or persons receiving medical treatment are categorised as service recipients. As a rule, they will not stay in the country for more than three months. If a service recipient is to stay for more than three months, the conditions set out in Section 112 first paragraph letter (c) of the Immigration Act must therefore be met.

When right of residence is granted on grounds of sufficient means of support, it is assumed that the EEA national can support him or herself with his or her own funds. Persons who receive unemployment benefit are not deemed to have their own funds, but will have a right of residence pursuant to Section 112 second paragraph of the Immigration Act, cf. section 3.6 below.

Persons who solely provide for themselves through begging will not be able to document assured future means of support and the amount of funds will normally be very low and of a very uncertain nature. This means that these persons will normally only have right of residence for up to three months.

3.4.1. Documentation requirements

  • a valid ID document issued by an EEA or EFTA country that is approved as a travel document, cf. Section 8 of the Immigration Act, cf. Section 2-10 of the Immigration Regulations and appendix 4.

   It is not necessary to present a passport photo when registering.

  • original documents, and translations into Norwegian or English
  • medical insurance that covers all the risks covered by Norwegian law

   The medical insurance can be documented through private health insurance or a European Health Insurance Card issued in the person’s country of origin. The medical insurance must cover all expenses in connection will illness, including treatment by a doctor and, if applicable, hospital admission.

  • sufficient means of subsistence

No lower limit has been stipulated for what is deemed sufficient means of support. It is sufficient that an EEA national has annual funds that are equivalent to the National Insurance minimum pension for single persons. Amounts below this may be approved following a concrete overall assessment. In this assessment, the police must consider the EEA national’s personal situation. However, if the person has a family, the amount must be higher than the National Insurance minimum pension for single persons.

The personal situation can be his or her state of health, whether he or she has a place to live in Norway, whether he or she has to support family members or is supported by others during the stay in Norway. The decisive factor in the overall assessment is whether the person may constitute an unreasonable burden on the public welfare system. The funds can be documented by a bank statement, insurance certificate and/or confirmation of receiving fixed periodic benefits from the country of origin, Norway or another country. By fixed periodic benefits is meant all types of pension, among other things.

3.5. Students, cf. Section 112 first paragraph letter (d) of the Immigration Act

For an EEA national to be granted right of residence as a student, the primary purpose of the stay must be education, including vocational education. It is sufficient that the person in question takes part of a study programme/education, as long as this is the primary purpose of the stay. The educational institution must be approved by the Norwegian authorities (the Ministry of Education and Research).

3.5.1. Documentation requirements

  • a valid ID document issued by an EEA or EFTA country that is approved as a travel document, cf. Section 8 of the Immigration Act, cf. Section 2-10 of the Immigration Regulations and appendix 4.

   It is not necessary to present a passport photo when registering.

  • original documents, and translations into Norwegian or English
  • confirmation of admission to an approved educational institution
  • medical insurance that covers all the risks covered by Norwegian law

   The medical insurance can be documented through private health insurance or a European Health Insurance Card issued in the person’s country of origin. The medical insurance must cover all expenses in connection will illness, including treatment by a doctor and, if applicable, hospital admission.

  • a self-declaration from the student stating that he or she has sufficient means to cover subsistence for him or herself and any accompanying family members.

3.6. Continued right of residence for employees and self-employed persons when a work or assignment relationship ceases, cf. Section 112 second paragraph of the Immigration Act

A person who ceases to be employed or self-employed can nevertheless retain status as an employee or a self-employed person on certain conditions.

3.6.1. The EEA national is temporarily incapable of work as a result of illness or accident, cf. Section 112 second paragraph letter (a) of the Immigration Act

The EEA national must be able to produce a medical certificate in such cases.

3.6.2. The EEA national can document to be involuntarily unemployed after having had paid work for more than one year, and has registered as a jobseeker with the Norwegian Labour and Welfare Service, cf. Section 112 second paragraph letter (b) of the Immigration Act

The EEA national must produce confirmation of involuntary unemployment from NAV in such cases.

By ‘paid work for more than one year’ is meant that the foreign national must have been in paid work for a continuous period of at least one year. More than one employment relationship can be included in the calculation as long as they are in direct succession and are not based on temporary employment, cf. the instructions AI-1/2015 of 29 June 2015 issued by the Ministry of Labour and Social Affairs.

This means that an EEA national who has been in paid work for exactly one year is covered by the provision set out in Section 112 second paragraph letter (b) of the Immigration Act. It is further specified that the requirement that the employment relationships must be in direct succession shall be interpreted literally. A period of holiday or paid leave of absence between the last day of work in the previous employment relationship and the first day of work for the new employer is permitted. The end date for an employment relationship is the date on which the termination took effect.

‘Temporary employment’ is understood as employment for a limited period, including stand-ins, or for specific work of a temporary nature. If the EEA national has had an employment relationship for at least one year, he or she has right of residence pursuant to the provisions listed above, even if the employment relationship has been of a temporary nature, assuming that all of the other conditions are also met.

3.6.3. The EEA national documents to be involuntarily unemployed following the expiry of a fixed-term employment contract of less than one year’s duration or the person has involuntarily lost the job during the course of the first 12 months, and has registered as a jobseeker with the Norwegian Labour and Welfare Service (NAV), cf. Section 112 second paragraph letter (c) of the Immigration Act.

In such cases, the status as an employee/self-employed person will lapse after six months. The EEA national must produce a confirmation from NAV of involuntary unemployment and registration as a jobseeker.

3.6.4. The EEA national starts a course of vocational education that is related to the previous work of the person in question, cf. Section 112 second paragraph letter (d) of the Immigration Act

In such cases, the EEA national must be able to document admission to a vocational education and produce a short description of the connection between the education to be taken and his or her previous work.

4. Lapse of right of residence

When the conditions for right of residence, cf. sections 3.1 to 3.6, are no longer present, the right of residence lapses. This applies regardless of whether the EEA national has been issued a registration certificate, cf. Section 19-13a of the Immigration Regulations. If the right of residence lapses, the police must open a rejection case, cf. section 5 below.

5. Rejection

When the EEA national is refused registration or no longer has right of residence, the police must open a rejection case and can make a decision on rejection, cf. Section 121 first paragraph letter (b) of the Immigration Act, cf. Section 19-28 of the Immigration Regulations. This could for example be when a person is an unreasonable burden, cf. section 3.3 of circular RS 2011-035.

6. Revocation

When an EEA national otherwise meets the conditions for right of residence pursuant to Chapter 13 of the Immigration Act, the immigration authorities have the possibility to revoke the registration certificate pursuant to Section 120 second paragraph, of the Immigration Act, cf. first and third paragraphs when

  • grounds for rejection or expulsion exist
  • the person in question has provided incorrect information or omitted matters of material importance or
  • the registration is deemed to be invalid for other reasons

Other reasons include situations where there is no right of residence and the registration is due to a mistake on the part of the immigration authorities, i.e. the person him or herself has not submitted incorrect information.

Revocation decisions pursuant to Section 120 second paragraph of the Immigration Act are made by the UDI, cf. eighth paragraph of the provision, but not before the foreign national, if the residence document is to be revoked, has had an opportunity to state his or her case. Persons covered by the EEA regulations have the right to free legal advice without means-testing in cases that concern a revocation of residence documents, cf. Section 92 first paragraph, first sentence, of the Immigration Act.

 

Karl Erik Sjøholt
Head of Department

Contact: The Managed Migration Department

Latest changes
  • Endret: RS 2011-037 Opphold på selvstendig grunnlag for EØS-borgere – vilkår og dokumentasjonskrav – utlendingsloven § 112, jf. utlendingsforskriften §§ 19-12 ,19-13 og 19-13a (12/7/2016)

    Punkt 3.1 er endret med oppdatert henvisning tiltaksforskriften av 11.12.2015 nr. 1598. Tidsbegrenset og tidsubestemt lønnstilskudd heter nå midlertidig og varig lønnstilskudd. De er hjemlet i den nye forskriften kapittel 9 (midlertidig) og kapittel 10 (varig). Tiltak i arbeidsmarkedsbedrift er ikke lenger et eget tiltak, men er faset inn som en del av det varige lønnstilskuddet.

  • Endret: RS 2011-037 Opphold på selvstendig grunnlag for EØS-borgere – vilkår og dokumentasjonskrav – utlendingsloven § 112, jf. utlendingsforskriften §§ 19-12 ,19-13 og 19-13a (10/14/2015)

    Rundskrivet er revidert for å ta inn instruks AI-01/2015 fra Arbeids- og sosialdepartementet om tolkning av bestemmelsen som regulerer videre oppholdsrett etter å ha hatt lønnet arbeid i mer enn ett år, jf. utl. § 112 annet ledd bokstav b. Videre er dokumentasjonskravet for EØS-borgere som jobber for en bemanningsbedrift justert til å være i samsvar med eksisterende praksis. Likeså er det foretatt en presisering av dokumentasjonskravet for personer som tar yrkesrettet utdanning.

  • Endret: RS 2011-037 Opphold på selvstendig grunnlag for EØS-borgere – vilkår og dokumentasjonskrav – utlendingsloven § 112, jf. utlendingsforskriften §§ 19-12 ,19-13 og 19-13a (4/23/2014)

    Rundskrivets punkt 3.1 er revidert på bakgrunn av et innspill fra Arbeids- og sosialdepartementet. Det er videre tatt med et eget punkt om bortfall av oppholdsretten (punkt 4).

  • RS 2011-037 Opphold på selvstendig grunnlag for EØS-borgere – vilkår og dokumentasjonskrav – utlendingsloven § 112, jf. utlendingsforskriften §§ 19-12 og 19-13 (6/25/2012)

    Rundskrivet redigeres pga opphevelsen av overgangsreglene for arbeidstakere fra Bulgaria og Romania. Eneste endring er at informasjon om overgangsreglene er tatt ut i punkt 2 og punkt 3.5.

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

Editor in Chief: Stephan Mo