UDI 2010-001 Entry visa for some students, researchers and trainees and their family members

1. Introduction

This document provides guidelines on the issuing of entry visas, cf. the Immigration Act Section 12, to foreign nationals who can submit their application from Norway under the Immigration Regulations Section 10-1 second paragraph, cf. Section 3-13 fourth paragraph. This applies to applicants mentioned in the Immigration Regulations Sections 6-19 to 6-31, and to spouses, cohabitants and children of such applicants.

As a rule, a residence permit must have been issued before a foreign national enters Norway; see the Immigration Act Section 56 first paragraph. This means that both foreign nationals subject to a visa requirement on entering Norway and foreign nationals exempted from the visa requirement must submit an application from abroad; see the Immigration Regulations Section 10-2 third paragraph.

2. Groups of applicants who are entitled to apply for a permit after entry; see the Immigration Regulations Section 10-1 second paragraph.

2.1. Students admitted to an educational institution, cf. the Immigration Regulations Section 6-19 first paragraph

In order to be granted exemption from the requirement that a residence permit must have been granted prior to entry, a student must either

• be mediated via FRAM Education, AFS Norway, My Education, Fulbright, Youth for Understanding (YFU), STS High School Foundation (STS), Rotary, Explorius or the Research Council of Norway (NFR),
  
  
• have received a grant from a Norwegian public body, or
  
  
• be here to study at a higher education institution under an exchange scheme organised by the EU or under a bilateral agreement between a Norwegian and foreign higher education institution.

Reference is also made to UDI 2010-101 Residence permits for students.

2.2. Researchers, cf. the Immigration Regulations Section 6-20 first paragraph

It is a condition that the researcher is to stay at a university, institute or similar for research purposes. The researcher must finance his/her stay in Norway with own funds. Reference is made to the guideline on residence permits for researchers with own funds.

2.3. Trainees, cf. the Immigration Regulations Section 6-21

Trainees mediated via an organisation or who participate in an exchange programme under the auspices of the EU are entitled to apply for a residence permit from Norway.

2.4. Spouse, cohabitant and children of foreign nationals covered by 2.1 to 2.4, cf. the Immigration Regulations Section 10-1 second paragraph

Applicants who have a cohabitant shall present documentation that the cohabitation has lasted a minimum of two years. Applicants travelling with children must submit birth certificates for them. Other conditions are set out in the Immigration Act Sections 40 to 42.

3. Conditions for the entry visa

Foreign nationals as mentioned in section 2 above can be granted an entry visa (D-visa). 

Visas can be granted regardless of whether the applicant submits a residence permit application at the same time or has already submitted an application.

The applicant shall not be granted an entry visa if:

• He or she is registered in the Schengen Information System (SIS) for the purpose of denying entry.
• He or she is expelled from Norway and had a prohibition on entry imposed on him or her.
• If experience shows that verification of documents is needed in connection with the processing of residence permit applications.

The applicant must provide the information that is necessary to substantiate that he/she is included in the group of persons who can be granted a D-visa. He/she must document that the information is correct. There must be no doubt that the conditions for applying for a permit after entry (see section 2 above) are met.

It is also a condition that the conditions for issuing a visa are met and that, in the foreign service mission's view, processing the application will not require more resources than is normal for visa applications, for example because verification of documents is necessary. In cases of doubt, the foreign service mission shall tell the applicant to apply for a residence permit in the normal manner.

4. Power of decision

Norwegian foreign service missions empowered to decide visa applications can issue an entry visa pursuant to this guideline when the conditions are met.

Norwegian foreign service missions empowered to decide visa applications shall reject an application for an entry visa pursuant to the guideline when the conditions are not met or when doubt exists (see 3 and 4 above).

A list of Norwegian missions that have power of decision is attached as Annex 14 to the Immigration Regulations.

5. The contents of the entry visa

A visa granted pursuant to this guideline is issued as an entry visa (D visa) for seven days and one entry. During the seven day-period the foreigner is entitled to stay in, and transit, Norway and other Schengen states.

6. Right of appeal

A rejection of an application for a visa can be appealed pursuant to the provisions of Chapter 6 of the Public Administration Act. The applicant must submit the appeal him/herself. Alternatively, another person can submit the appeal if the applicant has given him/her written power of attorney to do so; see the Public Administration Act Section 12.

The appeal shall be submitted to the foreign service mission that informed the applicant about the decision. The appeal must never be sent directly to the UDI.

7. Information to the applicant when an entry visa has been granted

When an entry visa has been granted, the foreign service mission shall inform the applicant about the following:

• The applicant is obliged to report to the police within one week after entry in order to apply for a residence permit, or to report entry into Norway if such application has already been submitted.
• All documents that are necessary in order to apply for a residence permit must be presented to the police if such an application has not been submitted from the foreign service mission.
• The applicant’s travel expenses for the journey to Norway will not be covered.
• The applicant must notify the police of any change of address before a residence permit is granted.
• The entry visa does not entitle its holder to work, and the applicant is not entitled to take employment without a valid work permit.
• The applicant is entitled to stay in Norway until the application for a residence permit has been decided by the UDI.
• After the seven day-period the applicant is not entitled to travel to other Schengen states until a residence permit has been granted and the applicant has received his or her residence card.
• The granting of an entry visa is no guarantee that an application for a residence permit will be granted.