UDI 2010-015 Application for residence permits from the realm on behalf of children abroad

1. Introduction

This document contains guidelines for when parents/guardians living in Norway can be allowed to apply for residence permits from the realm on behalf of their children abroad pursuant to the exemption provision in Section 10-2 sixth paragraph of the Immigration Regulations. The guideline is intended to set out some guiding principles.

2. General information about Section 10-2 of the Immigration Regulations

The point of departure in Section 10-2 third paragraph of the Immigration Regulations is that applications for a residence permit shall be submitted through a Norwegian foreign service mission in the country of which the applicant is a national, or in the country in which the applicant has held a residence permit for the last six months. It is further stated in the same paragraph that the person concerned may be required to submit the application in person. The main reason for this is that there must be no doubt about the applicant’s identity, and that the application must include a photo of the applicant and his or her signature.

This principle also applies when the applicant is a child under the age of 18, see Section 10-2 fifth paragraph of the Regulations.

3. More information about the concrete overall assessment that follows from Section 10-2 sixth paragraph of the Immigration Regulations – typical cases

The following are more detailed guidelines about the type of cases in which it may be applicable to allow a sponsor in Norway to submit an application on behalf of an applicant under 18 years of age, in accordance with Section 10-2 sixth paragraph of the Immigration Regulations.

3.1. Both biological parents live in Norway and have parental responsibility

If both biological parents live in Norway and have parental responsibility for the child, they may be allowed to submit an application for family reunification from Norway on behalf of the child.

The UDI will carry out a concrete overall assessment of each case, where the following factors, among others, will be emphasised:

• The case will be elucidated/documented as well and as quickly as it would have been if the application had been submitted by the applicant him/herself at a Norwegian foreign service mission in accordance with the normal procedure
• Control considerations will be adequately safeguarded. It will be possible to carry out identity checks, for example by the applicant appearing in person at the foreign service mission to be issued an entry visa in connection with leaving the country, or in connection with the applicant taking a DNA test
• The child’s right to state an opinion will be respected pursuant to the guidelines concerning a child's right to be heard, pursuant to Section 81 second paragraph of the Immigration Act, cf. the Immigration Regulations Section 17-3, cf. Section 17-5
• The parents hold residence permits in Norway
• The child appears in person at the Norwegian foreign service mission if the UDI deems this necessary during its case preparations

3.2. One of the biological parents lives in Norway and has parental responsibility

If only one of the biological parents lives in Norway, he or she may submit an application for family immigration on behalf of the child if it is beyond doubt that he or she has sole parental responsibility.

Examples of cases in which this is beyond doubt are if it is documented that the other parent is dead, or if there is reliable documentation confirming that the parent in Norway has sole parental responsibility.

The conditions in section 3.1 must also be satisfied.

3.3. The applicant is a foster child of the sponsor(s) in Norway

If the applicant claims to be a foster child, it will, as a rule, be most expedient pursuant to Section 49 of the Immigration Act, cf. Section 9-7 first paragraph letter (c) of the Immigration Regulations, to submit the application via a Norwegian foreign service mission. This is because extensive investigations will be necessary in the child’s country of origin in such cases, as regards who the child’s biological parents are, whether parental responsibility has been transferred, whether sufficient documentation has been submitted by the authorities in the country of origin about the child's status as a foster child etc. The foreign service mission will in such cases play a significant role in relation to obtaining and verifying information. The possibility of interviewing the child will also be of great importance in relation to elucidating the case, cf. Section 17-5 of the Immigration Regulations.

3.4. Adoption

Adoptive parents and adoptive children are treated in the same way as biological parents and biological children, see sections 3.1 and 3.2 above. If the adoption took place after the sponsor(s) settled in Norway, however, it is a condition that the adoption has been approved by the Norwegian adoption authorities (the Norwegian Directorate for Children, Youth and Family Affairs, Bufdir). If this is not the case, a more concrete assessment of the case must be made in relation to whether it may be considered on its merits pursuant to the exemption provision in Section 10-2 sixth paragraph.