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Norsk

UDI circulars

RS 2017-003
Document-ID : RS 2017-003
Case-ID : 17/01377-5
Receiver :

The Department of Managed Migration
The Norwegian police
The foreign service missions

Residence permits for working holidays for nationals of Argentina, Australia, Japan


1. Introduction

2. The relationship between the working holiday agreements and the Immigration Regulations

3. Conditions for a permit

3.1 The purpose of the stay

3.2 Requirements of the applicant

3.3 Pay and working conditions

3.4 Subsistence, return ticket

4. The content and duration of the permit

4.1 Content

4.2 Duration

4.3 Renewal

5. The application procedure

5.1 Place of application

5.2 Documentation requirements

5.3 Fees

6. Power of decision

7. Appeal

8. Revocation of permits

 

1. Introduction

Norway has entered into the following agreements on a working holiday scheme with Argentina, Australia, Japan and New Zealand:

The intention behind the different agreements is to promote closer cooperation and mutual understanding between the parties, among other things by giving young people from the respective countries the opportunity to spend a long holiday in Norway. Applicants are given an opportunity to take casual employment during this period. Income from such work is intended to supplement the financing of the stay in the country.

The agreement on youth exchanges for Canadian nationals is dealt with in RS 2010-116 Residence permits for youth exchanges for Canadian nationals – cf. Section 6-27 of the Immigration Regulations.

2. The relationship between the working holiday agreements and the Immigration Regulations

The Immigration Act and Immigration Regulations set out rules for when residence permits can be granted. The provision concerning residence permits for working holidays stipulates that young people can be granted a residence permit when they are covered by a working holiday agreement entered into between Norway and another state. This means that many of the conditions for a residence permit will be set out in the working holiday agreements.

This circular specifies the content of some of these conditions. This particularly concerns what it means that the applicant must have sufficient means of support for the first period (subsistence), and what lies in the term casual work.

The applicant must follow the normal rules for submitting an application, with the adaptations that follow from the agreements, cf. section 5 below.

The agreements are not an obstacle for rejecting an application for a residence permit when the foreign national is deemed to be undesirable pursuant to national legislation. A foreign national who otherwise satisfies the conditions for being granted a residence permit can therefore be denied a permit if circumstances exist that constitute grounds for refusing the foreign national entry into or residence in the realm pursuant to Section 59 first paragraph of the Immigration Act.

Otherwise, the immigration authorities shall in accordance with the intention of the working holiday agreements grant a working holiday permit when the conditions in the agreements are met.

3. Conditions for a permit

The agreement sets out the conditions for being granted a permit for a working holiday.

3.1 The purpose of the stay

The primary purpose of the stay shall be to holiday in Norway.

The stay is not deemed to be a holiday if the applicant’s employment relationship is of a greater scope than odd jobs or casual work, even if a permit pursuant to Section 6-27 of the Immigration Regulations grants a general right to work. In accordance with established administrative practice, casual work means casual employment relationships of up to six months’ duration with each employer.

Furthermore, the holiday requirement will not be deemed to be satisfied if the applicant intends to study in Norway for more than three months. If the main purpose is to study in Norway, the applicant must submit an application for a residence permit for education pursuant to Section 6-19 first paragraph of the Immigration Regulations.

3.2 Requirements of the applicant

The applicant must be a citizen of either Argentina, Australia, Japan or New Zealand and must normally reside in their country of origin (Argentina or Japan). If, when the application is submitted, the foreign national provides an address that is not in their country of origin, they must document that they are registered as resident in the country of origin, or document in another way that they normally live in the country of origin.

Nationals of Australia or New Zealand are not required to be resident in the country of origin. A foreign national that is not a citizen of Argentina, Australia, Japan or New Zealand does not fall under the agreement, even if they are a permanent resident of one of the countries included in the working holiday scheme.

The applicant must be at least 18 years of age, but under 31 (i.e. not reached the age of 31) when the application is submitted.

The respective agreements stipulate that nationals of Argentina and New Zealand must consent to take out medical insurance and full hospital insurance for the period they are to stay in Norway.

Such consent must exist in connection with the submission of an application for a residence permit.

Nationals of Australia, Argentina and New Zealand are not required to present documentation of having taken out an insurance policy before an application for a residence permit can be granted. However, it is a condition that the applicant has taken out the required medical insurance and full hospital insurance before entry and that the policies are valid during the applicant’s stay in Norway.

A special condition applies to Japanese nationals who must, on submission of the application, document that they have taken out the necessary health insurance for their stay in Norway

The respective agreements state that an applicant must not previously have participated in the working holiday scheme. However, it is not a condition that the stay in connection with a working holiday is continuous.

3.3 Pay and working conditions

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

3.4 Subsistence, return ticket

In accordance with the agreement, the applicant must document that he or she has ‘sufficient means of support for the first period of their stay in Norway’, and sufficient funds to purchase a return ticket if this ticket has not been purchased at the time of application. This means that the applicant must document means of support for the first three months in the form of bank deposits and/or documentation of a concrete offer of employment for the first period of their stay in Norway. If the stay in Norway is to be financed through a loan, the applicant must submit confirmation from the bank that the loan has been granted.

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

The subsistence requirement is deemed to be met if the applicant can document means of support corresponding to the basic grant (study loan) for higher education in the Norwegian State Educational Loan Fund (Lånekassen), see Appendix 1.

4. The content and duration of the permit

4.1 Content

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

The residence permit provides a general right to take up employment and is thus not limited to work for one or more specific employers. However, an employment relationship with one employer may not last for more than six months.

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

The permit does not form the basis for family immigration, cf. Section 9-6 of the Immigration Regulations.

4.2 Duration

First-time permits for working holidays are granted for one year, but not, however, for more than the period applied for, cf. Section 60 first paragraph of the Immigration Act and Section 10-16 fifth paragraph of the Immigration Regulations.

4.3 Renewal

Residence permits granted pursuant to Section 6-27 of the Immigration Regulations can be renewed, cf. Section 10-21 first paragraph, on condition that the conditions set out in Section 6-27 continue to be met. Due to the limitations in the working holiday agreements, permits granted pursuant to this provision cannot be granted to nationals of Argentina, Japan or New Zealand for more than one year in total.

Australian nationals can be granted a residence permit for a working holiday for up to two years in total.

5. The application procedure

5.1 Place of application

A first-time residence permit shall be granted prior to entry into Norway, cf. Section 56 first paragraph of the Immigration Act.

However, applicants who can document skilled worker qualifications can submit an application from Norway, cf. Section 10-1 first paragraph letter (a) of the Immigration Regulations. It is a condition that the applicant has legal residence in Norway when the application is submitted, cf. third paragraph of the provision.

In accordance with the working holiday agreements, applications for a residence permit can be submitted at any Norwegian foreign service mission. The applicant is thereby granted an extended right in connection with the application procedure compared to that stipulated in Section 10-2 third paragraph of the Immigration Regulations, see section 2 above.

However, see the requirement for place of residence when the application is submitted, as specified in section 3.2.

5.2 Documentation requirements

The body that receives the application must ensure that the applicant has filled in the relevant document list and submitted all documents in accordance with the list. The applicant shall be given a stamped copy of the document list as a receipt for submission of the documents.

The document lists are available on the UDI website:

Check list for working holidays for young adults from Argentina
Checklist for working holidays for young adults from Australia
Checklist for working holidays for young adults from Japan
Checklist for working holidays for young adults from New Zealand

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

5.3 Fees

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

6. Power of decision

Decisions concerning first-time residence permits are made by the UDI, cf. Section 65 of the Act.

When there is no doubt that the conditions for a working holiday are satisfied, a duly authorised foreign service mission may grant an application for a residence permit for a working holiday, cf. Section 13-4 of the Immigration Regulations. Appendix 18 to the Immigration Regulations sets out which foreign service missions are authorised to grant permits for working holidays.

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

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

7. Appeal

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

8. Revocation of permits

A residence permit can be revoked if the foreign national has deliberately provided incorrect information or omitted to provide information about matters of material importance to the decision, or if it otherwise follows from general provisions of administrative law, cf. Section 63 of the Immigration Act.

 

Nikos Rippis
Chief legal adviser


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

Latest changes
  • Changed: RS 2017-003 Residence permits for working holidays for nationals of Argentina, Australia, Japan (2/10/2018)

    The circular and the attachment are now available in English.

  • New: RS 2017-003 Oppholdstillatelse for arbeidsferie til borgere av Argentina, Australia, Japan og New Zealand – jf. utlendingsforskriften § 6-27 (8/21/2017)

    This new circular on residence permits for working holidays to citizens of Australia, Japan, New Zealand and Argentina replaces the circulars for a residence permit for working holidays to citizens of Australia (RS 2010-119) and New Zealand (RS 2010-117). The cirular also provides guidelines attached to the work holiday agreements with Japan and Argentina. The description of the relationship between the work holiday agreements and immigration legislation has been revised. Only available in norwegian.

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

Editor in Chief: Stephan Mo