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Norsk

UDI circulars

RS 2012-015
Document-ID : RS 2012-015
Case-ID : 15/08705 (16/05079-5)
Last modified : 05.07.2013
Documentdate : 02.07.2012
Receiver :

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

Residence permits for au pairs – the Immigration Act Section 26 first paragraph letter a), cf. the Immigration Regulations Section 6-25

1. Introduction

2. What is the au pair scheme?

2.1. Definition of ‘au pair’

2.2. The purpose of the scheme

3. Conditions for being granted a residence permit as an au pair

3.1. Requirements of the au pair

3.1.1. Age

3.1.2. Children

3.1.3. Return conditions and the good conduct requirement etc.

3.2. Requirements of the host family

3.2.1. Definition of ‘host family’

3.2.2. Family relationship

3.2.3. Knowledge about the Norwegian language and society

3.2.4. One au pair per host family, and the requirement that the host family spend time with the au pair

3.2.5 Completed e-learning course

3.2.6 No administrative measures should have been imposed in the host parents (quarantine)

3.3. Requirements of the stay

3.3.1. Mandatory cultural exchange contract

3.3.2. Specific host family

3.3.3. Working hours, time off and holidays

3.3.4. The duties of the au pair

3.3.5. Insurance

3.3.6. Norwegian language courses

3.3.7. Pocket money/pay and subsistence

3.3.8. The au pair's return

3.3.9. Accommodation

3.3.10. In the event of termination/dismissal

4. Content and duration of the permit

5. Application procedures

5.1. Who can submit an application for a residence permit?

5.1.1. The au pair submits the application

5.2. Where to submit an application

5.2.1. Main rule: The application shall be submitted in the au pair’s home country

5.2.2. Exceptions: Right to apply for a residence permit from Norway

5.3. Fees

5.4. Documentation requirements

5.4.1. Application form

5.4.2. Other documentation

5.5. Power of decision

6. Renewal of au pair residence permits

6.1. Conditions for renewal

6.2. Renewal application procedures

6.2.1. Enforcement of rejection of renewal application

6.3. Changing host families

6.4. Power of decision relating to renewal

6.5. Duration and content of renewed permits

7. Appeal

8. Revocation of a residence permit

1. Introduction

This circular concerns the conditions for being granted a residence permit as an au pair pursuant to the Norwegian Immigration Act Section 26 first paragraph letter a), cf. the Norwegian Immigration Regulations Section 6-25. The circular applies to nationals of countries outside the EU and EFTA area.

2. What is the au pair scheme?

2.1. Definition of ‘au pair’

‘Au pair’ means ‘on equal terms’. Norway has endorsed the Council of Europe’s European Agreement of 24 November 1969 on ‘au pair’ placement, which defines and standardises the conditions for au pair placements. Article 2 of the agreement defines an ‘au pair placement’ as ‘temporary reception by families, in exchange for certain services, of young foreigners who come to improve their linguistic and possibly professional knowledge as well as their general culture by acquiring a better knowledge of the country where they are received’. The services that the au pair performs can consist of light housework and childminding.

2.2. The purpose of the scheme

The Council of Europe’s agreement stipulates that au pairs belong neither to the student category nor to the worker category, but to a special category that shares features with both these categories. The purpose of the scheme is cultural exchange. The intention is that au pairs shall acquire knowledge of the country in which they are received. The au pair placement shall not primarily be for work purposes, but have an educational and cultural goal. This is achieved by the au pair living with and working in a host family that uses the Norwegian language in its everyday life and has good knowledge of Norwegian society. Furthermore, the au pair’s working day must be limited, and the au pair shall be given an opportunity to participate in tuition in the Norwegian language and in recreational activities. An au pair shall not be a domestic help or childminder.

It is not considered to be in conflict with the objective of the au pair scheme that the au pair, in addition to gaining knowledge about the Norwegian language and culture, contributes to teaching the host family’s children a second language. However, it must be probable that the host family can meet the other objectives of the au pair scheme.

The most important thing is always that the au pair is given an opportunity to acquire better knowledge of the Norwegian language, culture and society. The host family’s need for help in the home or wish for language tuition for their children etc. is subordinate in this context.

3. Conditions for being granted a residence permit as an au pair

3.1. Requirements of the au pair

3.1.1. Age

It is a condition that the au pair is between 18 and 30 years old. This means that the au pair, at the time of application, must have turned 18 but not have turned 30.

3.1.2. Children

An au pair who has children cannot, as a rule, be granted a residence permit.

3.1.3. Return conditions and the good conduct requirement etc.

An au pair residence permit that has been granted pursuant to the Immigration Regulations Section 6-25 is a permit of limited duration and does not form the basis for a permanent residence permit. This entails a clear requirement that the au pair must leave Norway when the permit expires.

The immigration authorities shall assess the conditions for the au pair’s return. When assessing whether a residence permit can be granted, the probability that the au pair will leave Norway when the permit expires, unless he/she has other grounds for continuing to stay in Norway, is therefore a key factor. Both individual circumstances relating to the au pair and general conditions in the au pair’s home country will be important in this assessment.

Emphasis will be placed on matters such as:

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

If the immigration authorities, on the basis of the available information about the au pair and general experience of certain regions, countries and groups of applicants, regard it as likely that the au pair will not return to his/her home country at the end of the au pair placement, and/or that he/she has another objective for applying for a permit than to be an au pair, the application shall be rejected. 

If the au pair has qualifications as a skilled worker pursuant to the Regulations, weight shall nonetheless not be given to whether the au pair, at the end of his/her stay, intends to apply for a residence permit as a skilled worker pursuant to the Immigration Act Section 23, cf. the Regulations section 6-1. See also 5.2.2 for a definition of ‘skilled worker’. 

Circumstances must not exist that constitute grounds for refusing the au pair entry into Norway, residence or the right to work pursuant to other statutory provisions, cf. the Immigration Act section 59 first paragraph. 

3.2. Requirements of the host family

3.2.1. Definition of ‘host family’

‘Host family’ means a married couple, partners or cohabitants with or without children, or a single parent with children. Single persons without children are not covered by the term host family. It is a requirement that single parents must, as a rule, have at least 50 percent of the daily care and control of the children. This percentage must be documented, for example by enclosing an access agreement.

3.2.2. Family relationship

An au pair is not permitted to work for his/her own family members in direct line of ascent or descent or for siblings, cousins, brothers or sisters-in-law, or uncles or aunts. Nor can an an pair be the spouse or cohabitant of one of the host parents.

3.2.3. Knowledge about the Norwegian language and society

The host family must have good knowledge of Norwegian society and mainly use the Norwegian language in its everyday life. The host family must speak Norwegian to the au pair. 

A residence permit may be granted even if one or more members of the host family is/are of foreign origin or hold(s) foreign citizenship. It is mainly the host parents’ country of origin that is emphasised, not the host family’s children. Swedish and Danish nationals are treated as Norwegian nationals.  

When considering whether a permit shall be granted, decisive weight shall be given to whether the objective of the au pair scheme will be met. The au pair must acquire good knowledge of the Norwegian language and everyday life by staying with the host family.  

As a rule, it is a requirement that the host parents’ country of origin is not the same as the au pair’s country of origin.  

Following a concrete assessment, a permit may nonetheless be granted even if the country of origin of one of the host parents is the same as the au pair’s country of origin. In such cases, it is a condition that the host parent has lived in Norway for at least ten years. Furthermore, the other host parent should have been born and raised in Norway. Example: a permit can be granted if the au pair is Vietnamese, one of the host parents is of Vietnamese origin and has lived in Norway for at least ten years, and the other host parent is originally from Norway.  

In exceptional cases, it may also be possible to grant a permit when both host parents are of foreign origin, on the condition that the country of origin of one of the host parents is different from the au pair’s and that both the host parents have lived in Norway for at least ten years. Example: A permit can be granted if the au pair is Russian, one of the host parent is of Russian origin and has lived in Norway for at least ten years, and the other host parent is of Philippine origin and has lived in Norway for at least ten years.  

In cases where the host family only consists of one adult with child(ren), the main rule is that a permit will not be granted if the host parent has the same country of origin as the au pair.  

The limitations in relation to the origin of the host parents are stipulated to ensure that the objective of the au pair scheme is met. In extraordinary circumstances, it may be possible, following a concrete assessment, to grant a permit although the above-mentioned conditions relating to country of origin and period of residence are not met. It must then be deemed to be highly probable that the objective of the au pair scheme will be met, i.e. that the au pair will gain knowledge about Norwegian society and language. 

3.2.4. One au pair per host family, and the requirement that the host family spend time with the au pair

A host family can only have one au pair at a time. It is also a requirement that the members of the host family spend time with the au pair in their everyday lives. It is the host family's duty to ensure that the au pair is not harassed or exposed to other improper behaviour, and that his or her dignity is not violated. 

3.2.5 Completed e-learning course

At least one of the host parents must have completed an e-learning course for host parents before an au pair permit can be granted. A certificate for completed e-learning course must be submitted with the application. The certificate is valid for 18 months from the date the course is completed.

3.2.6 No administrative measures should have been imposed on the host parents (quarantine)

A residence permit cannot be granted if one or both of the host parents is imposed measures due to breach of the conditions for residence permit for an au pair (quarantine) c.f the Immigration Act section 27b. Nor can a pemit be granted to an au pair where an application is suspended c.f the Immigration Regulations Section 6-25 third paragraph until the question of whether quarantine shall be imposed on the host family has been clarified.

3.3. Requirements of the stay

The Directorate of Immigration (UDI) stipulates the requirements concerning cultural exchange for the au pair contract, cf. the Immigration Regulations Section 6-25 first paragraph. The conditions of the contract have been drawn up in accordance with the Council of Europe's European Agreement of 24 November 1969 on 'au pair' placement, plus the Norwegian Holidays Act. The conditions that apply to au pair placements are stated below.

3.3.1. Mandatory cultural exchange contract

The UDI's contract for cultural exchange must be used, and it must be signed by the au pair and the host parent(s). The UDI will not accept other contracts even if their contents are identical to those in the contract for cultural exchange. The host family and the au pair cannot enter into additional contracts that conflict with the conditions of the standard contract. The contract is available on the UDI’s website (www.udi.no), from the police and the foreign service missions. The contract must clearly state the period for the placement. The contract applies from the date on which the au pair's permit is granted by the police.

3.3.2. Specific host family

The au pair can only have one host family. A residence permit as an au pair does not entitle the holder to take employment for another host family, employer or private person. This applies regardless of whether or not such other employment is paid.  

If the au pair wishes to change host families, he/she must submit a new application for a residence permit. See chapter 6 ‘Renewal of au pair residence permits’.

3.3.3. Working hours, time off and holidays

Only a limited part of an au pair’s time shall be devoted to work. Working hours must not normally exceed five hours a day, and the maximum number of working hours per week is 30. An au pair cannot work more than this. Any childminding in the evening and/or at night shall be included in the working hours. This applies even if the child is asleep.  

The au pair shall have at least one day off per week, and at least one such day off per month must be a Sunday. In addition, the au pair shall have at least one afternoon off per week, on the same day every week. The au pair shall be given sufficient time to participate in tuition in the Norwegian language and recreational activities, and to expand his/her cultural knowledge and expertise. The au pair shall also be given the opportunity to practice his/her religion. 

An au pair is entitled to at least 25 working days' holiday per calendar year in accordance with the Holidays Act. Even if an au pair has not been an au pair for the whole calendar year, but started working for the host family no later than 30 September, he/she is entitled to full holidays. If an au pair starts working after 30 September, he/she is entitled to six working days’ holiday. The same applies if an au pair changes host families, provided that the au pair can document that he/she did not take holidays while working for the previous host family.

3.3.4. The duties of the au pair

The purpose of the placement is cultural exchange, cf. the Immigration Regulations Section 6-25 first paragraph. 

The au pair must, as far as possible, be treated as a member of the family and take part in the host family’s everyday domestic tasks. In an au pair relationship, work is defined as the services/tasks the au pair is to carry out for the host family. The tasks can include light housework, childminding and looking after pets (dogs, cats etc.). Farm work is not permitted. Night work must not be part of the au pair’s regular duties. 

What duties the au pair shall have in the host family must be clear from section 6 in the au pair contract. The host family must draw up a detailed overview of a normal working week for the au pair. The overview must contain information about working hours and tasks. The au pair's duties cannot include nursing the host parents or the host family's children with special needs.

3.3.5. Insurance

The host family must take out insurance for the au pair that covers the au pair’s return in the event of death, illness or injury. 

In the event of the au pair’s death during the contract period, the insurance shall cover all costs relating to the return of the au pair’s body and personal belongings. If it is not possible to return the au pair’s body, the au pair’s next of kin shall be contacted through the embassy of the au pair’s home country.  

The insurance must also cover the au pair’s return home in the event of illness or injury when the au pair can no longer fulfil the contract, after he/she has received necessary medical treatment.  

The insurance can be taken out in the whole EU/EEA area or, on certain conditions, in the au pair’s home country. If the host family wishes to use an insurance company in the au pair’s home country, this must be an approved insurance company in the home country and be accredited by the Schengen group in the home country. The foreign service mission in a country with approved insurance companies can provide more information about which companies can be used.  

The insurance must be taken out for the whole period during which the permit applied for will be valid, and it must be covered in full by the host family. This means that an au pair cannot be required to cover the insurance amount in whole or in part by deduction from his/her pay/pocket money or by other reimbursement agreements.  

The insurance is linked to the au pair. Expenses incurred by the host family in connection with taking out the insurance will therefore not be refunded if the au pair leaves or changes host families. The host family must pay for new insurance if it later wishes to employ a new au pair.  

Failure to take out insurance is considered a breach of the au pair contract. The host family will then be responsible for covering the au pair’s return in the event of death, illness or injury.

3.3.6. Norwegian language courses

The host family shall pay a certain minimum amount for the au pair to attend Norwegian language courses and for the required course material, see Appendix 1. The host family shall also cover such travel expenses as are necessary in connection with the au pair attending Norwegian language courses. A person who teaches an au pair Norwegian must, as a rule, have academic and teaching qualifications. The tuition should take place at an established educational institution or course provider.

3.3.7. Pocket money/pay and subsistence

It is a condition for being granted a residence permit that the au pair is guaranteed subsistence and accommodation, see the Immigration Act Section 58. This condition is deemed to have been met if the au pair is, as a minimum, guaranteed free board and lodging and receives pocket money/pay as described in Appendix 1 to this circular, cf. the Immigration Act Section 58.  

Pocket money/pay must be stated in gross amount (before tax). Au pairs are liable to tax and must pay tax for income in excess of the amount of the exemption card. This also applies to board and lodging, for which tax deductions must be made from the au pair’s pocket money/pay in accordance with the rates of the Norwegian Tax Administration (for more detailed information, see www.skatteetaten.no). The Holidays Act applies to the payment of holiday pay to au pairs.

3.3.8. The au pair's return

The host family shall cover the necessary travel expenses in connection the au pair's return home. If the au pair changes host families during his/her stay in Norway, the new host family will take over this obligation. This obligation lapses if the au pair remains in Norway on other residence grounds than as an au pair, or if the au pair wishes to return to another country than his/her home country. By necessary travel expenses is meant the travel expenses the au pair will incur when returning home by the cheapest means of travel. As a rule, the au pair cannot therefore demand that business class plane tickets or similar be covered. The au pair cannot be required to cover the journey to and/or from Norway in whole or in part through deductions from his/her pocket money/pay.

3.3.9. Accommodation

The applicant must be guaranteed accommodation (lodging) that meets official requirements during the period for which the permit applied for will be valid, cf. the Immigration Regulations Section 10-12. It is also a requirement that the au pair lives with the host family during the entire stay and has his/her own room.

3.3.10. In the event of termination/dismissal

The contract can be terminated by either party subject to a period of notice of at least one month. The period of notice runs from the date on which the other party receives the notice of termination. 

The termination must be in writing. The host family cannot dismiss the au pair without reasonable grounds. The host family shall state the grounds for the dismissal in writing if the au pair so requests. The au pair has no duty to give grounds for his/her termination.  

Both parties can cancel the contract with immediate effect (dismissal without notice) if the other party is in gross breach of his/her contractual obligations or is otherwise in material breach of the contract.  

The immigration authorities request that the host family and the au pair notify the local police district or the UDI if the contract is terminated before the au pair’s permit expires. The fact that the contract is terminated does not mean that the au pair has to leave Norway immediately. See Chapter 8 on revocation of residence permits. 

4. Content and duration of the permit

The permit entitles the holder to work as an au pair for a specific host family, cf. the Immigration Regulations Section 6-33 first paragraph, cf. the Immigration Regulations Section 6-25. The decision shall state the job title (au pair), and the name and address of the host family. It must be specified that the permit does not entitle the holder to take other employment than specified in the decision. 

A first-time residence permit is granted for up to two years, cf. the Immigration Act Section 60 first paragraph, the Regulations Section 10-16 fourth paragraph. However, the duration of the permit will not exceed the period applied for or the duration of the stay, cf. the Immigration Regulations Section 10-16 fifth paragraph. The au pair must also have valid insurance for the whole period during which the permit applied for will be valid. As a rule, the UDI grants a residence permit for as long as possible within these limitations.  

A foreign national cannot hold residence permits as an au pair for more than two years in total. The decision must state whether the permit is renewable. Furthermore, it must state that the permit does not form the basis for a permanent residence permit, cf. the Immigration Regulations Section 6-25 second paragraph, or family immigration, cf. the Immigration Act Section 49, cf. the Regulations Section 9-6.

5. Application procedures

5.1. Who can submit an application for a residence permit?

5.1.1. The au pair submits the application

The au pair must apply for a permit him/herself, cf. the Immigration Regulations Section 10-2 third paragraph.

The host family cannot submit the application on behalf of the au pair, cf. the Immigration Act Section 56, cf. the Regulations Section 10-3, cf. the Regulations Section 6-9 second paragraph. The au pair can provide a written authorisation for the host family, so that it can act on his/her behalf later in the application process. This means that enquiries from the immigration authorities will be addressed to the host family and that it will be given access to information in the case, cf. the Public Administration Act Section 12. An authorisation can be provided by filling in section 15 of the form Application for a permit for the purpose of residence or work (GP-7028), or using a separate form. If the authorisation is provided on a separate form, a copy of the au pair’s passport must be enclosed, or other proof of identity that clearly shows the au pair’s signature. The application form and authorisation form are available on the UDI’s website www.udi.no.

5.2. Where to submit an application

5.2.1. Main rule: The application shall be submitted in the au pair’s home country

As a rule, a first-time residence permit must have been granted prior to entry into Norway, cf. the Immigration Act section 56 first paragraph. This means that the au pair must submit his/her application to a Norwegian foreign service mission (embassy/general consulate) in the country of which the au pair is a citizen, or to a Norwegian foreign service mission in the country in which the au pair has held a residence permit for the past six months, cf. the Immigration Regulations Section 10-2 third paragraph. If the application is submitted from another country than the au pair’s home country, it must be documented that he/she has held a valid permit in the country in question for the past six months. 

The condition that the au pair cannot enter Norway until he/she has been granted a residence permit also applies if the au pair is going to spend a holiday here or get to know the host family before the au pair placement starts. If the au pair enters Norway before a permit has been granted, the application will, as a rule, be rejected pursuant to the Immigration Act Section 56, cf. the Regulations Section 10-1 fifth paragraph. The au pair may also be rejected pursuant to the Immigration Act Section 17 first paragraph letter d). If relevant, the au pair must, after departing, submit a new application via a Norwegian foreign service mission in his/her home country.

5.2.2. Exceptions: Right to apply for a residence permit from Norway

Exceptions can be made from the main rule that a permit must be granted before entry, cf. the Immigration Act Section 56 third and fifth paragraphs, cf. the Regulations Section 10-1 first and second paragraphs. 

Applicants who can document skilled worker qualifications, cf. the Regulations Section 6-1, can apply for a residence permit from Norway, cf. the Immigration Regulations Section 10-1 first paragraph letter a). 

In the immigration legislation, skilled worker means that the applicant has vocational education at least corresponding to upper secondary level, a craft certificate, university college or university education or special qualifications (work experience, courses or other training that corresponds to the aforementioned education), cf. the Immigration Regulations Section 6-1.  

It is also a condition for being entitled to submit an application from Norway that the applicant has legal residence and that he/she is not staying in Norway in connection with an asylum application or pending departure after receiving a rejection to an asylum application, cf. the Immigration Regulations Section 10-1 third paragraph.  

An au pair must submit his/her application to the police in the district in which he/she lives, cf. the Regulations Section 10-2 fourth paragraph.

5.3. Fees

To have an application for a residence permit as an au pair processed, the applicant must pay a fee on submission of the application, cf. the Immigration Act section 89, cf. the Regulations Section 17-10 first paragraph. The duty to pay a fee also applies to nationals who are covered by the EEA Agreement and the EFTA Convention when such nationals apply for residence permits pursuant to the Regulations Section 6-25. 

The immigration authorities will return the application to the applicant without processing it (i.e. reject the application) if the fee has not been paid, cf. the Immigration Regulations Section 10-2 eighth and ninth paragraphs. 

5.4. Documentation requirements

5.4.1. Application form

Applications for residence permits must be submitted using the UDI’s form Application for a permit for the purpose of residence or work (GP-7028). The form is available on the UDI’s website (www.udi.no), from the police and the foreign service missions. All sections of the application must be filled in. The application must contain a photo of the au pair and his/her signature, cf. the Immigration Regulations Section 10-2 first paragraph.

5.4.2. Other documentation

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:

  • Au pair – You must submit these documents when you apply for a residence permit

The documents must be 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 applicant presents the original documents on submission of the application. The applicant should bring relevant copies.

5.5. Power of decision

First-time applications for a residence permit as an au pair are decided by the UDI, cf. the Immigration Act Section 65. 

6. Renewal of au pair residence permits

6.1. Conditions for renewal

The permit will be renewed provided that the conditions for being granted a residence permit as an au pair are still met, cf. the Immigration Act Section 61. See Chapter 3 ‘Conditions for being granted an au pair residence permit’. The permit can be renewed even if the au pair has turned 30 at the time of application.

6.2. Renewal application procedures

A renewal application must be submitted using the form Application for a permit for the purpose of residence or work (GP-7028), cf. the Regulations Section 10-27 first paragraph. The form is available on the UDI’s website (www.udi.no), from the police and the foreign service missions.  

In addition to a completed application form, the applicant must submit a new standard contract signed by the au pair and the host family. When an au pair changes host families, the nationality of the host family must be documented.  

Renewal applications must be submitted to the police district in which the au pair lives, cf. the Immigration Regulations Section 10-27 first paragraph. As a rule, the applicant is required to submit the application in person, cf. the 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.  

An au pair who applies for renewal of his/her au pair residence permit may be granted continued residence on the same conditions until the application has been decided. The au pair is entitled to this if he/she applies for renewal no later than one month before the permit expires, cf. the Immigration Act Section 61 sixth paragraph. If the application concerns a change of host family (new factual grounds), the applicant must also have had legal residence pursuant to a previous permit for at least the past nine months for this right to apply, cf. the Act Section 61 seventh paragraph. As a rule, the immigration authorities will also grant this group continued residence on the same conditions.  

The right to continued residence on the same conditions only applies if the residence permit is renewable, cf. the Act Section 61 sixth paragraph final sentence. By ‘renewable’ is meant that the maximum period (two years) has not been reached. 

If an au pair holding a renewable residence permit applies for renewal later than one month before the permit expires, the decision-making authority (the police/the UDI) shall decide whether the au pair shall be granted continued residence on the same conditions. When assessing this, they shall, among other things, emphasise whether it is likely that the application will be granted, cf. the Regulations Section 10-25.

6.2.1. Enforcement of rejection of renewal application

A rejection of an application for renewal of a renewable residence permit which has been submitted at least one month before the permit expires cannot be enforced until the decision is final, cf. the Immigration Act Section 90 third paragraph. This means that the au pair is not obliged to leave Norway as stipulated by the rejection decision, but that he/she can stay in the country until the appeal has been finally decided by the Immigration Appeals Board (UNE).  

If the au pair applies for renewal of a permit that is not renewable, this application is considered to be a new first-time application. As a rule, the au pair will not be entitled to deferred enforcement if he/she receives a rejection to such an application, cf. the Immigration Act Section 90 second paragraph.  

Rejection decisions can also be subject to deferred enforcement pursuant to the Public Administration Act Section 42. 

6.3. Changing host families

As long as the au pair holds a valid permit, he/she can submit an application for a permit for a new host family at any time. Such applications are processed pursuant to the rules relating to renewal, cf. the Immigration Act section 61 first and seventh paragraphs. The au pair can live with the new host family and carry out duties in accordance with the new contract as soon as a complete application for a residence permit has been submitted. It is a condition that the other conditions for a permit have been met. The period spent with the new host family while the application is being processed is included in the total time of residence as an au pair.  

6.4. Power of decision relating to renewal

The police are authorised to process applications for renewal for both the same and for a new host family, insofar as there is no doubt that the conditions for renewal are met, cf. the Immigration Act Section 65, cf. the Regulations Section 13-2 first paragraph. However, as a rule, the police do not have power of decision if the au pair changes host families and one or both of the new host parents' country of origin is not Norway. If more than half of the period of time granted in the au pair’s initial residence permit remains when he/she changes host families, this permit should be revoked. (See Chapter 8 on revocation of residence permits.) If possible, the police should make a decision to grant a residence permit to work for a new host family before they, if relevant, send the case file to the UDI for consideration of whether the previous permit should be revoked.

6.5. Duration and content of renewed permits

In the same way as for first-time decisions, a decision to renew a permit shall be based on the applicant working as an au pair for a specific host family, cf. the Immigration Regulations Section 10-24 (see Chapter 4 on the content and duration of the permit).  

A renewed permit is normally valid from the expiry date of the previous permit, cf. the Regulations Section 10-24 second paragraph. This applies even if the immigration authorities do not make a decision until after the previous permit has expired. 

If the renewed permit applies to a new host family and it is granted before the previous permit expires, the permit shall, as a rule, be valid from the decision date, cf. the Regulations Section 10-26 first paragraph. 

Renewal may be granted for up to two years, cf. the Regulations Section 10-24 first paragraph. However, the duration of the permit will not exceed the period applied for and the duration of the stay, cf. the Immigration Regulations Section 10-24, cf. Section 10-16 fifth paragraph. Au pair permits cannot be granted for a total of more than two years, cf. the Regulations Section 6-25 first paragraph. If the au pair is granted a permit that means that he/she has been granted permits for a total of two years, the decision must specify that the permit is not renewable. 

7. Appeal

Rejection of an application for a residence permit as an au pair can be appealed pursuant to the rules in the Public Administration Act Chapter 6. The au pair must submit the appeal himself/herself. Alternatively, the host family can submit the appeal if it has been authorised in writing by the au pair to do so, cf. the Public Administration Act Chapter 12.  

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

8. Revocation of a residence permit

A residence permit as an au pair can be revoked if the au pair 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.  

A decision to revoke a permit is made by the UDI, cf. the Act Section 65 first paragraph.

The immigration authorities shall notify the applicant in advance that they are considering revoking the permit. The au pair shall be given an opportunity to make a statement, normally within three weeks, cf. the Public Administration Act Section 16. Up until this deadline has expired, the au pair can enter into a contract with a new host family and submit a new application for a residence permit to work for this family. 

In cases where the permit is to be revoked because the au pair has been granted a permit to work for a new host family before the previous permit expires, the UDI will decide to revoke the permit without prior notification, cf. the Public Administration Act Section 16 third paragraph letter c).



 

Karl Erik Sjøholt
Director

 

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

Latest changes
  • Changed: RS 2012-015 Residence permits for au pairs – the Immigration Act Section 26 first paragraph letter a), cf. the Immigration Regulations Section 6-25 (2/29/2016)

    The circular has been updated with section 3.2.5 and 3.2.6. At least of one the host parents must have completed an e-learning course for host parents before an au pair permit can be granted. Furthermore, a residence permit cannot be granted if one or both of the host parents is imposed measures due to breach of the conditions for residence permit for an au pair (quarantine) c.f the Immigration Act section 27b.

  • Endret: RS 2012-015 Oppholdstillatelse til au pair – utlendingsloven § 26 første ledd bokstav a, jf. utlendingsforskriften § 6-25 (1/21/2016)

    I forbindelse med at det er utarbeidet et obligatorisk e-læringskurs for vertsforeldre, er det tatt inn et nytt punkt i rundskrivet med krav om at minst en av vertsforeldrene må ha gjennomført dette før søknaden til au pairen kan innvilges. Videre er det tatt inn et punkt om at vertsforeldrene ikke kan være ilagt karantene jf. utlendingsforskriften § 27 b.

  • Changed: RS 2012-015 Residence permits for au pairs – the Immigration Act Section 26 first paragraph letter a), cf. the Immigration Regulations Section 6-25 (7/5/2013)

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

  • Changed: RS 2012-015 Residence permits for au pairs – the Immigration Act Section 26 first paragraph letter a), cf. the Immigration Regulations Section 6-25 RS 2012-015 (11/30/2012)

    The circular is updated.

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

Editor in Chief: Stephan Mo